Full Text of HB5029 99th General Assembly
HB5029ham002 99TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 4/14/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5029
| 2 | | AMENDMENT NO. ______. Amend House Bill 5029 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 | | (4) Hotel and motel sleeping rooms that are rented to | 14 | | guests and are designated as smoking rooms, provided that | 15 | | all smoking rooms on the same floor must be contiguous and | 16 | | smoke from these rooms must not infiltrate into nonsmoking | 17 | | rooms or other areas where smoking is prohibited. Not more | 18 | | than 25% of the rooms rented to guests in a hotel or motel | 19 | | may be designated as rooms where smoking is allowed. The | 20 | | status of rooms as smoking or nonsmoking may not be | 21 | | changed, except to permanently add additional nonsmoking | 22 | | rooms. | 23 | | (5) Enclosed laboratories that are excluded from the | 24 | | definition of "place of employment" in Section 10 of this | 25 | | Act. Rulemaking authority to implement this amendatory Act | 26 | | of the 95th General Assembly, if any, is conditioned on the |
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| 1 | | rules being adopted in accordance with all provisions of | 2 | | the Illinois Administrative Procedure Act and all rules and | 3 | | procedures of the Joint Committee on Administrative Rules; | 4 | | any purported rule not so adopted, for whatever reason, is | 5 | | unauthorized. | 6 | | (6) Common smoking rooms in long-term care facilities
| 7 | | operated under the authority of the Illinois Department of
| 8 | | Veterans' Affairs or licensed under the Nursing Home Care | 9 | | Act that are accessible only to residents who
are smokers | 10 | | and have requested in writing to have access to
the common | 11 | | smoking room where smoking is permitted and the
smoke shall | 12 | | not infiltrate other areas of the long-term care facility. | 13 | | Rulemaking authority to implement this amendatory Act of | 14 | | 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 | | (7) A convention hall of the Donald E. Stephens | 21 | | Convention Center where a meeting or trade show for
| 22 | | manufacturers and suppliers of tobacco and tobacco
| 23 | | products and accessories is being held, during the time the
| 24 | | meeting or trade show is occurring, if the meeting or trade
| 25 | | show: | 26 | | (i) is a trade-only event and not open to the
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| 1 | | public; | 2 | | (ii) is limited to attendees and exhibitors that
| 3 | | are 21 years of age or older; | 4 | | (iii) is being produced or organized by a business
| 5 | | relating to tobacco or a professional association for
| 6 | | convenience stores; and | 7 | | (iv) involves the display of tobacco products. | 8 | | Smoking is not allowed in any public area outside of
| 9 | | the hall designated for the meeting or trade show. | 10 | | This
paragraph (7) is inoperative on and after October | 11 | | 1, 2015. | 12 | | (8) Any facility built by a veterans organization prior | 13 | | to August 14, 2015 that was constructed for the purpose of | 14 | | compliance with this Act, including, but not limited to, | 15 | | buildings created solely for the purpose of smoking at | 16 | | which no food or alcohol is served and outdoor smoking | 17 | | areas, provided that such facilities or areas have signs | 18 | | clearly stating that the building or area is used for | 19 | | smoking. The Department shall adopt any rules necessary to | 20 | | implement this paragraph (8). For the purposes of this | 21 | | paragraph (8), "veterans organization" means an | 22 | | organization comprised of members of which substantially | 23 | | all are individuals who are veterans or spouses, widows, or | 24 | | widowers of veterans, the primary purpose of which is to | 25 | | promote the welfare of its members and to provide | 26 | | assistance to the general public in such a way as to confer |
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| 1 | | a public benefit, or an association or other entity | 2 | | organized for the benefits of veterans that has been | 3 | | recognized or chartered by the United States Congress. | 4 | | "Veterans organization" includes, but is not limited to, | 5 | | the American Legion, the Legion of Honor, the Patriot | 6 | | Guard, the Missing in America Project, the Vietnam Veterans | 7 | | of America, and the Veterans of Foreign Wars. | 8 | | (Source: P.A. 98-1023, eff. 8-22-14.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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