Full Text of HB0171 97th General Assembly
HB0171 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0171 Introduced 1/18/2011, by Rep. André M. Thapedi SYNOPSIS AS INTRODUCED: | | |
Amends the Smoke Free Illinois Act to include in the list of areas where smoking is allowed, designated segregated ventilated smoking rooms in gaming facilities that are licensed, provided that the segregated smoking room is only accessible to persons who have requested in writing to have access to the smoking room and the smoke from the room shall not infiltrate into any other areas where smoking is prohibited. Imposes conditions on any rulemaking authority. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 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 | 17 | | January 31st an affidavit stating the percentage of its | 18 | | gross income during the prior calendar year that was | 19 | | derived from the sale of loose tobacco, plants, or herbs | 20 | | and cigars, cigarettes, pipes, or other smoking devices for | 21 | | smoking tobacco and related smoking accessories. Any | 22 | | retail tobacco store that begins operation after the | 23 | | effective date of this amendatory Act may only qualify for |
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| 1 | | an exemption if located in a freestanding structure | 2 | | occupied solely by the business and smoke from the business | 3 | | does not migrate into an enclosed area where smoking is | 4 | | prohibited. | 5 | | (3) (Blank). | 6 | | (3.5) Designated segregated ventilated smoking rooms | 7 | | in gaming facilities that are licensed under the Riverboat | 8 | | Gambling Act or the Illinois Horse Racing Act of 1975, | 9 | | provided that the segregated smoking room is only | 10 | | accessible to persons who have requested in writing to have | 11 | | access to the smoking room and the smoke from the room | 12 | | shall not infiltrate into any other areas where smoking is | 13 | | prohibited. Rulemaking authority to implement this | 14 | | amendatory Act of the 97th General Assembly, if any, is | 15 | | conditioned on the rules being adopted in accordance with | 16 | | all provisions of the Illinois Administrative Procedure | 17 | | Act and all rules and procedures of the Joint Committee on | 18 | | Administrative Rules; any purported rule not so adopted, | 19 | | for whatever reason, is unauthorized. | 20 | | (4) Hotel and motel sleeping rooms that are rented to | 21 | | guests and are designated as smoking rooms, provided that | 22 | | all smoking rooms on the same floor must be contiguous and | 23 | | smoke from these rooms must not infiltrate into nonsmoking | 24 | | rooms or other areas where smoking is prohibited. Not more | 25 | | than 25% of the rooms rented to guests in a hotel or motel | 26 | | may be designated as rooms where smoking is allowed. The |
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| 1 | | status of rooms as smoking or nonsmoking may not be | 2 | | changed, except to permanently add additional nonsmoking | 3 | | rooms. | 4 | | (5) Enclosed laboratories that are excluded from the | 5 | | definition of "place of employment" in Section 10 of this | 6 | | Act. Rulemaking authority to implement this amendatory Act | 7 | | of the 95th General Assembly, if any, is conditioned on the | 8 | | rules being adopted in accordance with all provisions of | 9 | | the Illinois Administrative Procedure Act and all rules and | 10 | | procedures of the Joint Committee on Administrative Rules; | 11 | | any purported rule not so adopted, for whatever reason, is | 12 | | unauthorized. | 13 | | (6) Common smoking rooms in long-term care facilities
| 14 | | operated under the authority of the Illinois Department of
| 15 | | Veterans' Affairs or licensed under the Nursing Home Care | 16 | | Act that are accessible only to residents who
are smokers | 17 | | and have requested in writing to have access to
the common | 18 | | smoking room where smoking is permitted and the
smoke shall | 19 | | not infiltrate other areas of the long-term care facility. | 20 | | Rulemaking authority to implement this amendatory Act of | 21 | | the 95th General Assembly, if any, is conditioned on the | 22 | | rules being adopted in accordance with all provisions of | 23 | | the Illinois Administrative Procedure Act and all rules and | 24 | | procedures of the Joint Committee on Administrative Rules; | 25 | | any purported rule not so adopted, for whatever reason, is | 26 | | unauthorized. |
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| 1 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | 2 | | 96-1357, eff. 1-1-11.) |
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