Full Text of HB5997 96th General Assembly
HB5997 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5997
Introduced 2/10/2010, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED: |
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Amends the Smoke Free Illinois Act. Preempts home rule powers with regard to regulating smoking in facilities licensed under the Illinois Nursing Home Care Act. Effective immediately.
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5997 |
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LRB096 18372 RPM 33749 b |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Smoke Free Illinois Act is amended by | 5 |
| changing Section 35 as follows: | 6 |
| (410 ILCS 82/35)
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| 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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LRB096 18372 RPM 33749 b |
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| 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) Private and semi-private rooms in nursing homes and | 6 |
| long-term care facilities that are occupied by one or more | 7 |
| persons, all of whom are smokers and have requested in | 8 |
| writing to be placed or to remain in a room where smoking | 9 |
| is permitted and the smoke shall not infiltrate other areas | 10 |
| of the nursing home. No local, municipal, or county | 11 |
| ordinance or law shall supersede this item (3) in allowing | 12 |
| facilities licensed under the Illinois Nursing Home Care | 13 |
| Act to designate smoking areas that comply with the | 14 |
| national Fire Safety Protection Act and the federal Life | 15 |
| Safety Code. Notwithstanding Section 65 of this Act, a home | 16 |
| rule unit may not regulate smoking in facilities licensed | 17 |
| under the Illinois Nursing Home Care Act. This item (3) is | 18 |
| a denial and limitation of home rule powers and functions | 19 |
| under subsection (h) of Section 6 of Article VII of the | 20 |
| Illinois Constitution. | 21 |
| (4) Hotel and motel sleeping rooms that are rented to | 22 |
| guests and are designated as smoking rooms, provided that | 23 |
| all smoking rooms on the same floor must be contiguous and | 24 |
| smoke from these rooms must not infiltrate into nonsmoking | 25 |
| rooms or other areas where smoking is prohibited. Not more | 26 |
| than 25% of the rooms rented to guests in a hotel or motel |
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| may be designated as rooms where smoking is allowed. The | 2 |
| status of rooms as smoking or nonsmoking may not be | 3 |
| changed, except to permanently add additional nonsmoking | 4 |
| rooms.
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| (5) Enclosed laboratories that are excluded from the | 6 |
| definition of "place of employment" in Section 10 of this | 7 |
| Act. Rulemaking authority to implement this amendatory Act | 8 |
| of the 95th General Assembly, if any, is conditioned on the | 9 |
| rules being adopted in accordance with all provisions of | 10 |
| the Illinois Administrative Procedure Act and all rules and | 11 |
| procedures of the Joint Committee on Administrative Rules; | 12 |
| any purported rule not so adopted, for whatever reason, is | 13 |
| unauthorized. | 14 |
| (6) Common smoking rooms in long-term care facilities
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| operated under the authority of the Illinois Department of
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| Veterans' Affairs that are accessible only to residents who
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| are smokers and have requested in writing to have access to
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| the common smoking room where smoking is permitted and the
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| smoke shall not infiltrate other areas of the long-term | 20 |
| care facility. Rulemaking authority to implement this | 21 |
| amendatory Act of the 95th 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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LRB096 18372 RPM 33749 b |
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| (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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