Sen. James F. Clayborne Jr.
Filed: 5/3/2007
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1 | AMENDMENT TO HOUSE BILL 25
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2 | AMENDMENT NO. ______. Amend House Bill 25, on page 32, | ||||||
3 | immediately below line 18, by inserting the following:
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4 | Section 10. If and only if Senate Bill 500 of the 95th | ||||||
5 | General Assembly becomes law, then the Smoke Free Illinois Act | ||||||
6 | is amended by changing Section 35 as follows: | ||||||
7 | (95SB0500enr, Sec. 35)
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8 | Sec. 35. Exemptions. Notwithstanding any other provision | ||||||
9 | of this Act, smoking is allowed in the following areas: | ||||||
10 | (1) Private residences or dwelling places, except when | ||||||
11 | used as a child care, adult day care, or healthcare | ||||||
12 | facility or any other home-based business open to the | ||||||
13 | public. | ||||||
14 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
15 | this Act in operation prior to the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly. The retail |
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1 | tobacco store shall annually file with the Department by | ||||||
2 | January 31st an affidavit stating the percentage of its | ||||||
3 | gross income during the prior calendar year that was | ||||||
4 | derived from the sale of loose tobacco, plants, or herbs | ||||||
5 | and cigars, cigarettes, pipes, or other smoking devices for | ||||||
6 | smoking tobacco and related smoking accessories. Any | ||||||
7 | retail tobacco store that begins operation after the | ||||||
8 | effective date of this amendatory Act may only qualify for | ||||||
9 | an exemption if located in a freestanding structure | ||||||
10 | occupied solely by the business and smoke from the business | ||||||
11 | does not migrate into an enclosed area where smoking is | ||||||
12 | prohibited. | ||||||
13 | (3) Private and semi-private rooms in nursing homes and | ||||||
14 | long-term care facilities that are occupied by one or more | ||||||
15 | persons, all of whom are smokers and have requested in | ||||||
16 | writing to be placed or to remain in a room where smoking | ||||||
17 | is permitted and the smoke shall not infiltrate other areas | ||||||
18 | of the nursing home. | ||||||
19 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
20 | guests and are designated as smoking rooms, provided that | ||||||
21 | all smoking rooms on the same floor must be contiguous and | ||||||
22 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
23 | rooms or other areas where smoking is prohibited. Not more | ||||||
24 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
25 | may be designated as rooms where smoking is allowed. The | ||||||
26 | status of rooms as smoking or nonsmoking may not be |
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1 | changed, except to permanently add additional nonsmoking | ||||||
2 | rooms.
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3 | (5) gaming facilities located within 10 miles of the | ||||||
4 | Illinois border. This item (5) shall apply for 5 years | ||||||
5 | after the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly or until the state neighboring the gaming | ||||||
7 | facility passes legislation banning smoking in gaming | ||||||
8 | facilities, whichever occurs first.
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9 | (Source: 95SB0500enr)"; and | ||||||
10 | on page 32, line 20, after "law", by inserting ", except that | ||||||
11 | Section 10 takes effect on January 1, 2008".
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