Rep. Michael P. McAuliffe
Filed: 5/29/2014
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1 | AMENDMENT TO SENATE BILL 852
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2 | AMENDMENT NO. ______. Amend Senate Bill 852 as follows: | ||||||
3 | on page 1, line 5, by replacing "Section 45" with "Sections 35 | ||||||
4 | and 45"; and
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5 | on page 1, immediately below line 5, by inserting the | ||||||
6 | following:
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7 | "(410 ILCS 82/35) | ||||||
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 |
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1 | amendatory Act of the 95th General Assembly. The retail | ||||||
2 | tobacco store shall annually file with the Department by | ||||||
3 | January 31st an affidavit stating the percentage of its | ||||||
4 | gross income during the prior calendar year that was | ||||||
5 | derived from the sale of loose tobacco, plants, or herbs | ||||||
6 | and cigars, cigarettes, pipes, or other smoking devices for | ||||||
7 | smoking tobacco and related smoking accessories. Any | ||||||
8 | retail tobacco store that begins operation after the | ||||||
9 | effective date of this amendatory Act may only qualify for | ||||||
10 | an exemption if located in a freestanding structure | ||||||
11 | occupied solely by the business and smoke from the business | ||||||
12 | does not migrate into an enclosed area where smoking is | ||||||
13 | prohibited. | ||||||
14 | (3) (Blank). | ||||||
15 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
16 | guests and are designated as smoking rooms, provided that | ||||||
17 | all smoking rooms on the same floor must be contiguous and | ||||||
18 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
19 | rooms or other areas where smoking is prohibited. Not more | ||||||
20 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
21 | may be designated as rooms where smoking is allowed. The | ||||||
22 | status of rooms as smoking or nonsmoking may not be | ||||||
23 | changed, except to permanently add additional nonsmoking | ||||||
24 | rooms. | ||||||
25 | (5) Enclosed laboratories that are excluded from the | ||||||
26 | definition of "place of employment" in Section 10 of this |
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1 | Act. Rulemaking authority to implement this amendatory Act | ||||||
2 | of the 95th General Assembly, if any, is conditioned on the | ||||||
3 | rules being adopted in accordance with all provisions of | ||||||
4 | the Illinois Administrative Procedure Act and all rules and | ||||||
5 | procedures of the Joint Committee on Administrative Rules; | ||||||
6 | any purported rule not so adopted, for whatever reason, is | ||||||
7 | unauthorized. | ||||||
8 | (6) Common smoking rooms in long-term care facilities
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9 | operated under the authority of the Illinois Department of
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10 | Veterans' Affairs or licensed under the Nursing Home Care | ||||||
11 | Act that are accessible only to residents who
are smokers | ||||||
12 | and have requested in writing to have access to
the common | ||||||
13 | smoking room where smoking is permitted and the
smoke shall | ||||||
14 | not infiltrate other areas of the long-term care facility. | ||||||
15 | Rulemaking authority to implement this amendatory Act of | ||||||
16 | the 95th General Assembly, if any, is conditioned on the | ||||||
17 | rules being adopted in accordance with all provisions of | ||||||
18 | the Illinois Administrative Procedure Act and all rules and | ||||||
19 | procedures of the Joint Committee on Administrative Rules; | ||||||
20 | any purported rule not so adopted, for whatever reason, is | ||||||
21 | unauthorized. | ||||||
22 | (7) A convention hall of the Donald E. Stephens | ||||||
23 | Convention Center where a meeting or trade show for
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24 | manufacturers and suppliers of tobacco and tobacco
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25 | products and accessories is being held, during the time the
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26 | meeting or trade show is occurring, if the meeting or trade
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1 | show: | ||||||
2 | (i) is a trade-only event and not open to the
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3 | public; | ||||||
4 | (ii) is limited to attendees and exhibitors that
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5 | are 21 years of age or older; | ||||||
6 | (iii) is being produced or organized by a business
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7 | relating to tobacco or a professional association for
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8 | convenience stores; and | ||||||
9 | (iv) involves the display of tobacco products. | ||||||
10 | Smoking is not allowed in any public area outside of
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11 | the hall designated for the meeting or trade show. | ||||||
12 | This
paragraph (7) is inoperative on and after October | ||||||
13 | 1, 2015. | ||||||
14 | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | ||||||
15 | 96-1357, eff. 1-1-11.)".
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