Full Text of SB0852 98th General Assembly
SB0852enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 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 Sections 35 and 45 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 | | (4) Hotel and motel sleeping rooms that are rented to | 7 | | guests and are designated as smoking rooms, provided that | 8 | | all smoking rooms on the same floor must be contiguous and | 9 | | smoke from these rooms must not infiltrate into nonsmoking | 10 | | rooms or other areas where smoking is prohibited. Not more | 11 | | than 25% of the rooms rented to guests in a hotel or motel | 12 | | may be designated as rooms where smoking is allowed. The | 13 | | status of rooms as smoking or nonsmoking may not be | 14 | | changed, except to permanently add additional nonsmoking | 15 | | rooms. | 16 | | (5) Enclosed laboratories that are excluded from the | 17 | | definition of "place of employment" in Section 10 of this | 18 | | Act. Rulemaking authority to implement this amendatory Act | 19 | | of the 95th General Assembly, if any, is conditioned on the | 20 | | rules being adopted in accordance with all provisions of | 21 | | the Illinois Administrative Procedure Act and all rules and | 22 | | procedures of the Joint Committee on Administrative Rules; | 23 | | any purported rule not so adopted, for whatever reason, is | 24 | | unauthorized. | 25 | | (6) Common smoking rooms in long-term care facilities
| 26 | | operated under the authority of the Illinois Department of
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| 1 | | Veterans' Affairs or licensed under the Nursing Home Care | 2 | | Act that are accessible only to residents who
are smokers | 3 | | and have requested in writing to have access to
the common | 4 | | smoking room where smoking is permitted and the
smoke shall | 5 | | not infiltrate other areas of the long-term care facility. | 6 | | Rulemaking authority to implement this amendatory Act of | 7 | | 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 | | (7) A convention hall of the Donald E. Stephens | 14 | | Convention Center where a meeting or trade show for
| 15 | | manufacturers and suppliers of tobacco and tobacco
| 16 | | products and accessories is being held, during the time the
| 17 | | meeting or trade show is occurring, if the meeting or trade
| 18 | | show: | 19 | | (i) is a trade-only event and not open to the
| 20 | | public; | 21 | | (ii) is limited to attendees and exhibitors that
| 22 | | are 21 years of age or older; | 23 | | (iii) is being produced or organized by a business
| 24 | | relating to tobacco or a professional association for
| 25 | | convenience stores; and | 26 | | (iv) involves the display of tobacco products. |
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| 1 | | Smoking is not allowed in any public area outside of
| 2 | | the hall designated for the meeting or trade show. | 3 | | This
paragraph (7) is inoperative on and after October | 4 | | 1, 2015. | 5 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | 6 | | 96-1357, eff. 1-1-11.) | 7 | | (410 ILCS 82/45)
| 8 | | Sec. 45. Violations. | 9 | | (a) A person, corporation, partnership, association or | 10 | | other
entity who violates Section 15 or 20 of this Act shall be | 11 | | fined pursuant to this Section. Each day that a violation | 12 | | occurs is a separate violation. | 13 | | (b) A person who smokes in an area where smoking is | 14 | | prohibited under Section 15 of this Act shall be fined in an | 15 | | amount that is $100 for a first offense and $250 for each | 16 | | subsequent offense. A person who owns, operates, or otherwise | 17 | | controls a public place or place of employment that violates | 18 | | Section 15 or 20 of this Act shall be fined (i) $250 for the | 19 | | first violation, (ii) $500 for the second violation within one | 20 | | year after the first violation, and (iii) $2,500 for each | 21 | | additional violation within one year after the first violation. | 22 | | (c) A fine imposed under this Section shall be allocated as | 23 | | follows: | 24 | | (1) one-half of the fine shall be distributed to the | 25 | | Department; and |
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| 1 | | (2) one-half of the fine shall be distributed to the | 2 | | enforcing agency.
| 3 | | (d) Rulemaking authority to implement this amendatory Act | 4 | | of the 95th General Assembly, if any, is conditioned on the | 5 | | rules being adopted in accordance with all provisions of the | 6 | | Illinois Administrative Procedure Act and all rules and | 7 | | procedures of the Joint Committee on Administrative Rules; any | 8 | | purported rule not so adopted, for whatever reason, is | 9 | | unauthorized. | 10 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
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