Rep. Michael P. McAuliffe

Filed: 5/29/2014

 

 


 

 


 
09800SB0852ham001LRB098 05078 RPM 59817 a

1
AMENDMENT TO SENATE BILL 852

2    AMENDMENT NO. ______. Amend Senate Bill 852 as follows:
 
3on page 1, line 5, by replacing "Section 45" with "Sections 35
4and 45"; and
 
5on page 1, immediately below line 5, by inserting the
6following:
 
7    "(410 ILCS 82/35)
8    Sec. 35. Exemptions. Notwithstanding any other provision
9of 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

 

 

09800SB0852ham001- 2 -LRB098 05078 RPM 59817 a

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

 

 

09800SB0852ham001- 3 -LRB098 05078 RPM 59817 a

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
9    operated under the authority of the Illinois Department of
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
24    manufacturers and suppliers of tobacco and tobacco
25    products and accessories is being held, during the time the
26    meeting or trade show is occurring, if the meeting or trade

 

 

09800SB0852ham001- 4 -LRB098 05078 RPM 59817 a

1    show:
2            (i) is a trade-only event and not open to the
3        public;
4            (ii) is limited to attendees and exhibitors that
5        are 21 years of age or older;
6            (iii) is being produced or organized by a business
7        relating to tobacco or a professional association for
8        convenience stores; and
9            (iv) involves the display of tobacco products.
10        Smoking is not allowed in any public area outside of
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;
1596-1357, eff. 1-1-11.)".