Full Text of HB1850 96th General Assembly
HB1850ham001 96TH GENERAL ASSEMBLY | Rep. André M. Thapedi Filed: 11/16/2010
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| 1 | | AMENDMENT TO HOUSE BILL 1850
| 2 | | AMENDMENT NO. ______. Amend House Bill 1850 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Smoke Free Illinois Act is amended by | 5 | | changing Section 35 as follows: | 6 | | (410 ILCS 82/35) | 7 | | Sec. 35. Exemptions. Notwithstanding any other provision | 8 | | of this Act, smoking is allowed in the following areas: | 9 | | (1) Private residences or dwelling places, except when | 10 | | used as a child care, adult day care, or healthcare | 11 | | facility or any other home-based business open to the | 12 | | public. | 13 | | (2) Retail tobacco stores as defined in Section 10 of | 14 | | this Act in operation prior to the effective date of this | 15 | | amendatory Act of the 95th General Assembly. The retail | 16 | | tobacco store shall annually file with the Department by |
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| 1 | | January 31st an affidavit stating the percentage of its | 2 | | gross income during the prior calendar year that was | 3 | | derived from the sale of loose tobacco, plants, or herbs | 4 | | and cigars, cigarettes, pipes, or other smoking devices for | 5 | | smoking tobacco and related smoking accessories. Any | 6 | | retail tobacco store that begins operation after the | 7 | | effective date of this amendatory Act may only qualify for | 8 | | an exemption if located in a freestanding structure | 9 | | occupied solely by the business and smoke from the business | 10 | | does not migrate into an enclosed area where smoking is | 11 | | prohibited. | 12 | | (3) (Blank). | 13 | | (3.5) Designated segregated ventilated smoking rooms | 14 | | in gaming facilities that are licensed under the Riverboat | 15 | | Gambling Act or the Illinois Horse Racing Act of 1975, | 16 | | provided that the segregated smoking room is only | 17 | | accessible to persons who have requested in writing to have | 18 | | access to the smoking room and the smoke from the room | 19 | | shall not infiltrate into any other areas where smoking is | 20 | | prohibited. Rulemaking authority to implement this | 21 | | amendatory Act of the 96th General Assembly, if any, is | 22 | | conditioned on the rules being adopted in accordance with | 23 | | all provisions of the Illinois Administrative Procedure | 24 | | Act and all rules and procedures of the Joint Committee on | 25 | | Administrative Rules; any purported rule not so adopted, | 26 | | for whatever reason, is unauthorized. |
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| 1 | | (4) Hotel and motel sleeping rooms that are rented to | 2 | | guests and are designated as smoking rooms, provided that | 3 | | all smoking rooms on the same floor must be contiguous and | 4 | | smoke from these rooms must not infiltrate into nonsmoking | 5 | | rooms or other areas where smoking is prohibited. Not more | 6 | | than 25% of the rooms rented to guests in a hotel or motel | 7 | | may be designated as rooms where smoking is allowed. The | 8 | | status of rooms as smoking or nonsmoking may not be | 9 | | changed, except to permanently add additional nonsmoking | 10 | | rooms. | 11 | | (5) Enclosed laboratories that are excluded from the | 12 | | definition of "place of employment" in Section 10 of this | 13 | | Act. Rulemaking authority to implement this amendatory Act | 14 | | of the 95th General Assembly, if any, is conditioned on the | 15 | | rules being adopted in accordance with all provisions of | 16 | | the Illinois Administrative Procedure Act and all rules and | 17 | | procedures of the Joint Committee on Administrative Rules; | 18 | | any purported rule not so adopted, for whatever reason, is | 19 | | unauthorized. | 20 | | (6) Common smoking rooms in long-term care facilities
| 21 | | operated under the authority of the Illinois Department of
| 22 | | Veterans' Affairs or licensed under the Nursing Home Care | 23 | | Act that are accessible only to residents who
are smokers | 24 | | and have requested in writing to have access to
the common | 25 | | smoking room where smoking is permitted and the
smoke shall | 26 | | not infiltrate other areas of the long-term care facility. |
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| 1 | | Rulemaking authority to implement this amendatory Act of | 2 | | the 95th General Assembly, if any, is conditioned on the | 3 | | rules being adopted in accordance with all provisions of | 4 | | the Illinois Administrative Procedure Act and all rules and | 5 | | procedures of the Joint Committee on Administrative Rules; | 6 | | any purported rule not so adopted, for whatever reason, is | 7 | | unauthorized. | 8 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | 9 | | 96-1357, eff. 1-1-11.)".
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