95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4104

 

Introduced , by Rep. William B. Black

 

SYNOPSIS AS INTRODUCED:
 
95SB500enr, Sec. 35

    If and only if Senate Bill 500 becomes law, then amends the Smoke Free Illinois Act to provide that smoking is allowed in a private club that has been in active and continuous existence prior to January 1, 2008, whether incorporated or not, and that can provide written documentation that three-fifth's of its active members approve of smoking on the club's premises.


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A BILL FOR

 

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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. If and only if Senate Bill 500 of the 95th
5 General Assembly, as enrolled, becomes law, then the Smoke Free
6 Illinois Act is amended by changing Section 35 as follows:
 
7     (95SB500enr, Sec. 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
16     amendatory Act of the 95th General Assembly. The retail
17     tobacco store shall annually file with the Department by
18     January 31st an affidavit stating the percentage of its
19     gross income during the prior calendar year that was
20     derived from the sale of loose tobacco, plants, or herbs
21     and cigars, cigarettes, pipes, or other smoking devices for
22     smoking tobacco and related smoking accessories. Any
23     retail tobacco store that begins operation after the

 

 

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1     effective date of this amendatory Act may only qualify for
2     an exemption if located in a freestanding structure
3     occupied solely by the business and smoke from the business
4     does not migrate into an enclosed area where smoking is
5     prohibited.
6         (3) Private and semi-private rooms in nursing homes and
7     long-term care facilities that are occupied by one or more
8     persons, all of whom are smokers and have requested in
9     writing to be placed or to remain in a room where smoking
10     is permitted and the smoke shall not infiltrate other areas
11     of the nursing home.
12         (4) Hotel and motel sleeping rooms that are rented to
13     guests and are designated as smoking rooms, provided that
14     all smoking rooms on the same floor must be contiguous and
15     smoke from these rooms must not infiltrate into nonsmoking
16     rooms or other areas where smoking is prohibited. Not more
17     than 25% of the rooms rented to guests in a hotel or motel
18     may be designated as rooms where smoking is allowed. The
19     status of rooms as smoking or nonsmoking may not be
20     changed, except to permanently add additional nonsmoking
21     rooms.
22         (5) A private club that has been in active and
23     continuous existence prior to January 1, 2008, whether
24     incorporated or not, and that can provide written
25     documentation that three-fifth's of its active members
26     approve of smoking on the club's premises.

 

 

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1 (Source: 95SB500enr, Sec. 35.)