Illinois General Assembly - Full Text of HB5868
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Full Text of HB5868  95th General Assembly



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1     AN ACT concerning health.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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. This exemption
16     shall also apply to a retail tobacco store that applied for
17     a business or occupancy permit before January 1, 2008. The
18     retail tobacco store shall annually file with the
19     Department by January 31st an affidavit stating the
20     percentage of its gross income during the prior calendar
21     year that was derived from the sale of loose tobacco,
22     plants, or herbs and cigars, cigarettes, pipes, or other
23     smoking devices for smoking tobacco and related smoking



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1     accessories. Any retail tobacco store that begins
2     operation after the effective date of this amendatory Act
3     may only qualify for an exemption if located in a
4     freestanding structure occupied solely by the business and
5     smoke from the business does not migrate into an enclosed
6     area where smoking is prohibited. Notwithstanding any
7     other rulemaking authority that may exist, neither the
8     Governor nor any agency or agency head under the
9     jurisdiction of the Governor has any authority to make or
10     promulgate rules to implement or enforce the provisions of
11     this amendatory Act of the 95th General Assembly. If,
12     however, the Governor believes that rules are necessary to
13     implement or enforce the provisions of this amendatory Act
14     of the 95th General Assembly, the Governor may suggest
15     rules to the General Assembly by filing them with the Clerk
16     of the House and the Secretary of the Senate and by
17     requesting that the General Assembly authorize such
18     rulemaking by law, enact those suggested rules into law, or
19     take any other appropriate action in the General Assembly's
20     discretion. Nothing contained in this amendatory Act of the
21     95th General Assembly shall be interpreted to grant
22     rulemaking authority under any other Illinois statute
23     where such authority is not otherwise explicitly given. For
24     the purposes of this amendatory Act of the 95th General
25     Assembly, "rules" is given the meaning contained in Section
26     1-70 of the Illinois Administrative Procedure Act, and



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1     "agency" and "agency head" are given the meanings contained
2     in Sections 1-20 and 1-25 of the Illinois Administrative
3     Procedure Act to the extent that such definitions apply to
4     agencies or agency heads under the jurisdiction of the
5     Governor.
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 (Source: P.A. 95-17, eff. 1-1-08.)
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.