95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2335

 

Introduced 2/14/2008, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 82/35

    Amends the Smoke Free Illinois Act. Provides that smoking is allowed in Veterans' halls and clubs. Effective immediately.


LRB095 19485 KBJ 45781 b

 

 

A BILL FOR

 

SB2335 LRB095 19485 KBJ 45781 b

1     AN ACT concerning public health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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
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

 

 

SB2335 - 2 - LRB095 19485 KBJ 45781 b

1     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.
11         (4) Hotel and motel sleeping rooms that are rented to
12     guests and are designated as smoking rooms, provided that
13     all smoking rooms on the same floor must be contiguous and
14     smoke from these rooms must not infiltrate into nonsmoking
15     rooms or other areas where smoking is prohibited. Not more
16     than 25% of the rooms rented to guests in a hotel or motel
17     may be designated as rooms where smoking is allowed. The
18     status of rooms as smoking or nonsmoking may not be
19     changed, except to permanently add additional nonsmoking
20     rooms.
21         (5) Veterans' halls and clubs.
22 (Source: P.A. 95-17, eff. 1-1-08.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.