Full Text of HB4104 95th General Assembly
HB4104 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4104
Introduced , by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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If and only if Senate Bill 500 becomes law, then amends the Smoke Free Illinois Act to provide that smoking is allowed in a private club that has been in active and continuous existence prior to January 1, 2008, whether incorporated or not, and that can provide written documentation that three-fifth's of its active members approve of smoking on the club's premises.
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A BILL FOR
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HB4104 |
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LRB095 12274 KBJ 36800 b |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. If and only if Senate Bill 500 of the 95th | 5 |
| General Assembly, as enrolled, becomes law, then the Smoke Free | 6 |
| Illinois Act is amended by changing Section 35 as follows: | 7 |
| (95SB500enr, Sec. 35)
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| Sec. 35. Exemptions. Notwithstanding any other provision | 9 |
| of 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 | 16 |
| amendatory Act of the 95th General Assembly. The retail | 17 |
| tobacco store shall annually file with the Department by | 18 |
| January 31st an affidavit stating the percentage of its | 19 |
| gross income during the prior calendar year that was | 20 |
| derived from the sale of loose tobacco, plants, or herbs | 21 |
| and cigars, cigarettes, pipes, or other smoking devices for | 22 |
| smoking tobacco and related smoking accessories. Any | 23 |
| retail tobacco store that begins operation after the |
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HB4104 |
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LRB095 12274 KBJ 36800 b |
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| effective date of this amendatory Act may only qualify for | 2 |
| an exemption if located in a freestanding structure | 3 |
| occupied solely by the business and smoke from the business | 4 |
| does not migrate into an enclosed area where smoking is | 5 |
| prohibited. | 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 |
| (5) A private club that has been in active and | 23 |
| continuous existence prior to January 1, 2008, whether | 24 |
| incorporated or not, and that can provide written | 25 |
| documentation that three-fifth's of its active members | 26 |
| approve of smoking on the club's premises.
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HB4104 |
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LRB095 12274 KBJ 36800 b |
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| (Source: 95SB500enr, Sec. 35.)
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