Illinois General Assembly - Full Text of HB4104
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Full Text of HB4104  95th General Assembly


Environmental Health Committee

Filed: 2/20/2008





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2     AMENDMENT NO. ______. Amend House Bill 4104 by replacing
3 everything after the enacting clause with the following:
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



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1     January 31st an affidavit stating the percentage of its
2     gross income during the prior calendar year that was
3     derived from the sale of loose tobacco, plants, or herbs
4     and cigars, cigarettes, pipes, or other smoking devices for
5     smoking tobacco and related smoking accessories. Any
6     retail tobacco store that begins operation after the
7     effective date of this amendatory Act may only qualify for
8     an exemption if located in a freestanding structure
9     occupied solely by the business and smoke from the business
10     does not migrate into an enclosed area where smoking is
11     prohibited.
12         (3) Private and semi-private rooms in nursing homes and
13     long-term care facilities that are occupied by one or more
14     persons, all of whom are smokers and have requested in
15     writing to be placed or to remain in a room where smoking
16     is permitted and the smoke shall not infiltrate other areas
17     of the nursing home.
18         (4) Hotel and motel sleeping rooms that are rented to
19     guests and are designated as smoking rooms, provided that
20     all smoking rooms on the same floor must be contiguous and
21     smoke from these rooms must not infiltrate into nonsmoking
22     rooms or other areas where smoking is prohibited. Not more
23     than 25% of the rooms rented to guests in a hotel or motel
24     may be designated as rooms where smoking is allowed. The
25     status of rooms as smoking or nonsmoking may not be
26     changed, except to permanently add additional nonsmoking



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1     rooms.
2         (5) Private clubs, as defined in Section 10 of this
3     Act, provided at least three-fifths of its members have
4     requested in writing that the private club designate areas
5     for smoking. Notwithstanding any other rulemaking
6     authority that may exist, neither the Governor nor any
7     agency or agency head under the jurisdiction of the
8     Governor has any authority to make or promulgate rules to
9     implement or enforce the provision of this amendatory Act
10     of the 95th General Assembly. If, however, the Governor
11     believes that rules are necessary to implement or enforce
12     the provision of this amendatory Act of the 95th General
13     Assembly, the Governor may suggest rules to the General
14     Assembly by filing them with the Clerk of the House and the
15     Secretary of the Senate and by requesting that the General
16     Assembly authorize such rulemaking by law, enact those
17     suggested rules into law, or take any other appropriate
18     action in the General Assembly's discretion. Nothing
19     contained in this amendatory Act of the 95th General
20     Assembly shall be interpreted to grant rulemaking
21     authority under any other Illinois statute where such
22     authority is not otherwise explicitly given. For the
23     purposes of this paragraph, "rules" is given the meaning
24     contained in Section 1-70 of the Illinois Administrative
25     Procedure Act, and "agency" and "agency head" are given the
26     meanings contained in Sections 1-20 and 1-25 of the



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1     Illinois Administrative Procedure Act to the extent that
2     such definitions apply to agencies or agency heads under
3     the jurisdiction of the Governor.
4 (Source: P.A. 95-17, eff. 1-1-08.)".