Sen. James F. Clayborne Jr.
Filed: 8/9/2007
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1 | AMENDMENT TO HOUSE BILL 2035
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2 | AMENDMENT NO. ______. Amend House Bill 2035, AS AMENDED, | ||||||
3 | immediately after Section 950, by inserting the following:
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4 | "Section 953. The Smoke Free Illinois Act is amended by | ||||||
5 | changing Section 35 as follows: | ||||||
6 | (410 ILCS 82/35)
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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) Private and semi-private rooms in nursing homes and | ||||||
13 | long-term care facilities that are occupied by one or more | ||||||
14 | persons, all of whom are smokers and have requested in | ||||||
15 | writing to be placed or to remain in a room where smoking | ||||||
16 | is permitted and the smoke shall not infiltrate other areas | ||||||
17 | of the nursing home. | ||||||
18 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
19 | guests and are designated as smoking rooms, provided that | ||||||
20 | all smoking rooms on the same floor must be contiguous and | ||||||
21 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
22 | rooms or other areas where smoking is prohibited. Not more | ||||||
23 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
24 | may be designated as rooms where smoking is allowed. The | ||||||
25 | status of rooms as smoking or nonsmoking may not be | ||||||
26 | changed, except to permanently add additional nonsmoking |
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1 | rooms.
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2 | (5) That portion of a riverboat where gambling | ||||||
3 | operations are conducted pursuant to the Riverboat | ||||||
4 | Gambling Act. The exemption under this item (5) applies to | ||||||
5 | each individual riverboat for 5 years after the effective | ||||||
6 | date of this amendatory Act of the 95th General Assembly or | ||||||
7 | until the state, other than Illinois, closest in proximity | ||||||
8 | to that individual riverboat, as determined by the Illinois | ||||||
9 | Gaming Board, bans smoking by law in similar facilities, | ||||||
10 | whichever occurs first.
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11 | (Source: P.A. 95-17, eff. 1-1-08.)".
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