SB0852 EnrolledLRB098 05078 JDS 35109 b

1    AN ACT concerning safety.
 
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 Sections 35 and 45 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        (4) Hotel and motel sleeping rooms that are rented to
7    guests and are designated as smoking rooms, provided that
8    all smoking rooms on the same floor must be contiguous and
9    smoke from these rooms must not infiltrate into nonsmoking
10    rooms or other areas where smoking is prohibited. Not more
11    than 25% of the rooms rented to guests in a hotel or motel
12    may be designated as rooms where smoking is allowed. The
13    status of rooms as smoking or nonsmoking may not be
14    changed, except to permanently add additional nonsmoking
15    rooms.
16        (5) Enclosed laboratories that are excluded from the
17    definition of "place of employment" in Section 10 of this
18    Act. Rulemaking authority to implement this amendatory Act
19    of the 95th General Assembly, if any, is conditioned on the
20    rules being adopted in accordance with all provisions of
21    the Illinois Administrative Procedure Act and all rules and
22    procedures of the Joint Committee on Administrative Rules;
23    any purported rule not so adopted, for whatever reason, is
24    unauthorized.
25        (6) Common smoking rooms in long-term care facilities
26    operated under the authority of the Illinois Department of

 

 

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1    Veterans' Affairs or licensed under the Nursing Home Care
2    Act that are accessible only to residents who are smokers
3    and have requested in writing to have access to the common
4    smoking room where smoking is permitted and the smoke shall
5    not infiltrate other areas of the long-term care facility.
6    Rulemaking authority to implement this amendatory Act of
7    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        (7) A convention hall of the Donald E. Stephens
14    Convention Center where a meeting or trade show for
15    manufacturers and suppliers of tobacco and tobacco
16    products and accessories is being held, during the time the
17    meeting or trade show is occurring, if the meeting or trade
18    show:
19            (i) is a trade-only event and not open to the
20        public;
21            (ii) is limited to attendees and exhibitors that
22        are 21 years of age or older;
23            (iii) is being produced or organized by a business
24        relating to tobacco or a professional association for
25        convenience stores; and
26            (iv) involves the display of tobacco products.

 

 

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1        Smoking is not allowed in any public area outside of
2    the hall designated for the meeting or trade show.
3        This paragraph (7) is inoperative on and after October
4    1, 2015.
5(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
696-1357, eff. 1-1-11.)
 
7    (410 ILCS 82/45)
8    Sec. 45. Violations.
9    (a) A person, corporation, partnership, association or
10other entity who violates Section 15 or 20 of this Act shall be
11fined pursuant to this Section. Each day that a violation
12occurs is a separate violation.
13    (b) A person who smokes in an area where smoking is
14prohibited under Section 15 of this Act shall be fined in an
15amount that is $100 for a first offense and $250 for each
16subsequent offense. A person who owns, operates, or otherwise
17controls a public place or place of employment that violates
18Section 15 or 20 of this Act shall be fined (i) $250 for the
19first violation, (ii) $500 for the second violation within one
20year after the first violation, and (iii) $2,500 for each
21additional violation within one year after the first violation.
22    (c) A fine imposed under this Section shall be allocated as
23follows:
24        (1) one-half of the fine shall be distributed to the
25    Department; and

 

 

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1        (2) one-half of the fine shall be distributed to the
2    enforcing agency.
3    (d) Rulemaking authority to implement this amendatory Act
4of the 95th General Assembly, if any, is conditioned on the
5rules being adopted in accordance with all provisions of the
6Illinois Administrative Procedure Act and all rules and
7procedures of the Joint Committee on Administrative Rules; any
8purported rule not so adopted, for whatever reason, is
9unauthorized.
10(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.