HB0171 EngrossedLRB097 05781 RPM 45848 b



1    AN ACT concerning public health.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Smoke Free Illinois Act is amended  by 
5changing Section 35 as follows:
 
6    (410 ILCS 82/35)
7    Sec. 35. Exemptions. Notwithstanding any other provision 
8of 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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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) (Blank).
6        (3.5) Designated segregated ventilated smoking rooms 
7    in gaming facilities that are licensed under the Riverboat 
8    Gambling Act or the Illinois Horse Racing Act of 1975, 
9    provided that the segregated smoking room is only 
10    accessible to persons who have requested in writing to have 
11    access to the smoking room and the smoke from the room 
12    shall not infiltrate into any other areas where smoking is 
13    prohibited. Rulemaking authority to implement this 
14    amendatory Act of the 97th General Assembly, if any, is 
15    conditioned on the rules being adopted in accordance with 
16    all provisions of the Illinois Administrative Procedure 
17    Act and all rules and procedures of the Joint Committee on 
18    Administrative Rules; any purported rule not so adopted, 
19    for whatever reason, is unauthorized. 
20        (4) Hotel and motel sleeping rooms that are rented to 
21    guests and are designated as smoking rooms, provided that 
22    all smoking rooms on the same floor must be contiguous and 
23    smoke from these rooms must not infiltrate into nonsmoking 
24    rooms or other areas where smoking is prohibited.  Not more 
25    than 25% of the rooms rented to guests in a hotel or motel 
26    may be designated as rooms where smoking is allowed.  The 
 
 
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1    status of rooms as smoking or nonsmoking may not be 
2    changed, except to permanently add additional nonsmoking 
3    rooms.
4        (5) Enclosed laboratories that are excluded from the 
5    definition of "place of employment" in Section 10 of this 
6    Act. Rulemaking authority to implement this amendatory Act 
7    of the 95th General Assembly, if any, is conditioned on the 
8    rules being adopted in accordance with all provisions of 
9    the Illinois Administrative Procedure Act and all rules and 
10    procedures of the Joint Committee on Administrative Rules; 
11    any purported rule not so adopted, for whatever reason, is 
12    unauthorized.
13        (6) Common smoking rooms in long-term care facilities

14    operated under the authority of the Illinois Department of

15    Veterans' Affairs or licensed under the Nursing Home Care 
16    Act that are accessible only to residents who
are smokers 
17    and have requested in writing to have access to
the common 
18    smoking room where smoking is permitted and the
smoke shall 
19    not infiltrate other areas of the long-term care facility. 
20    Rulemaking authority to implement this amendatory Act of 
21    the 95th General Assembly, if any, is conditioned on the 
22    rules being adopted in accordance with all provisions of 
23    the Illinois Administrative Procedure Act and all rules and 
24    procedures of the Joint Committee on Administrative Rules; 
25    any purported rule not so adopted, for whatever reason, is 
26    unauthorized. 
 
 
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1(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 
296-1357, eff. 1-1-11.)