Environmental Health Committee
Adopted in House Comm. on Mar 04, 2008
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1 | AMENDMENT TO HOUSE BILL 5868
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2 | AMENDMENT NO. ______. Amend House Bill 5868 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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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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. This exemption | ||||||
16 | shall also apply to a retail tobacco store that applied for |
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1 | a business or occupancy permit before January 1, 2008. The | ||||||
2 | retail tobacco store shall annually file with the | ||||||
3 | Department by January 31st an affidavit stating the | ||||||
4 | percentage of its gross income during the prior calendar | ||||||
5 | year that was derived from the sale of loose tobacco, | ||||||
6 | plants, or herbs and cigars, cigarettes, pipes, or other | ||||||
7 | smoking devices for smoking tobacco and related smoking | ||||||
8 | accessories. Any retail tobacco store that begins | ||||||
9 | operation after the effective date of this amendatory Act | ||||||
10 | may only qualify for an exemption if located in a | ||||||
11 | freestanding structure occupied solely by the business and | ||||||
12 | smoke from the business does not migrate into an enclosed | ||||||
13 | area where smoking is prohibited. Notwithstanding any | ||||||
14 | other rulemaking authority that may exist, neither the | ||||||
15 | Governor nor any agency or agency head under the | ||||||
16 | jurisdiction of the Governor has any authority to make or | ||||||
17 | promulgate rules to implement or enforce the provisions of | ||||||
18 | this amendatory Act of the 95th General Assembly. If, | ||||||
19 | however, the Governor believes that rules are necessary to | ||||||
20 | implement or enforce the provisions of this amendatory Act | ||||||
21 | of the 95th General Assembly, the Governor may suggest | ||||||
22 | rules to the General Assembly by filing them with the Clerk | ||||||
23 | of the House and the Secretary of the Senate and by | ||||||
24 | requesting that the General Assembly authorize such | ||||||
25 | rulemaking by law, enact those suggested rules into law, or | ||||||
26 | take any other appropriate action in the General Assembly's |
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1 | discretion. Nothing contained in this amendatory Act of the | ||||||
2 | 95th General Assembly shall be interpreted to grant | ||||||
3 | rulemaking authority under any other Illinois statute | ||||||
4 | where such authority is not otherwise explicitly given. For | ||||||
5 | the purposes of this amendatory Act of the 95th General | ||||||
6 | Assembly, "rules" is given the meaning contained in Section | ||||||
7 | 1-70 of the Illinois Administrative Procedure Act, and | ||||||
8 | "agency" and "agency head" are given the meanings contained | ||||||
9 | in Sections 1-20 and 1-25 of the Illinois Administrative | ||||||
10 | Procedure Act to the extent that such definitions apply to | ||||||
11 | agencies or agency heads under the jurisdiction of the | ||||||
12 | Governor. | ||||||
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 | (Source: P.A. 95-17, eff. 1-1-08.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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