Sen. William R. Haine

Filed: 11/20/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4758

2     AMENDMENT NO. ______. Amend House Bill 4758, AS AMENDED,
3 immediately after Section 10, by inserting the following:
 
4     "Section 15. 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) At a race track where pari-mutuel wagering is
3     conducted pursuant to the Illinois Horse Racing Act of 1975
4     or on a riverboat where gambling operations are conducted
5     pursuant to the Riverboat Gambling Act. The exemption under
6     this item (5) applies for 18 months after the effective
7     date of this amendatory Act of the 95th General Assembly.
8 (Source: P.A. 95-17, eff. 1-1-08.)".