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


Environmental Health Committee

Adopted in House Comm. on Mar 04, 2008





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2     AMENDMENT NO. ______. Amend House Bill 5868 by replacing
3 everything after the enacting clause with the following:
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



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1     a business or occupancy permit before January 1, 2008. The
2     retail tobacco store shall annually file with the
3     Department by January 31st an affidavit stating the
4     percentage of its gross income during the prior calendar
5     year that was derived from the sale of loose tobacco,
6     plants, or herbs and cigars, cigarettes, pipes, or other
7     smoking devices for smoking tobacco and related smoking
8     accessories. Any retail tobacco store that begins
9     operation after the effective date of this amendatory Act
10     may only qualify for an exemption if located in a
11     freestanding structure occupied solely by the business and
12     smoke from the business does not migrate into an enclosed
13     area where smoking is prohibited. Notwithstanding any
14     other rulemaking authority that may exist, neither the
15     Governor nor any agency or agency head under the
16     jurisdiction of the Governor has any authority to make or
17     promulgate rules to implement or enforce the provisions of
18     this amendatory Act of the 95th General Assembly. If,
19     however, the Governor believes that rules are necessary to
20     implement or enforce the provisions of this amendatory Act
21     of the 95th General Assembly, the Governor may suggest
22     rules to the General Assembly by filing them with the Clerk
23     of the House and the Secretary of the Senate and by
24     requesting that the General Assembly authorize such
25     rulemaking by law, enact those suggested rules into law, or
26     take any other appropriate action in the General Assembly's



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1     discretion. Nothing contained in this amendatory Act of the
2     95th General Assembly shall be interpreted to grant
3     rulemaking authority under any other Illinois statute
4     where such authority is not otherwise explicitly given. For
5     the purposes of this amendatory Act of the 95th General
6     Assembly, "rules" is given the meaning contained in Section
7     1-70 of the Illinois Administrative Procedure Act, and
8     "agency" and "agency head" are given the meanings contained
9     in Sections 1-20 and 1-25 of the Illinois Administrative
10     Procedure Act to the extent that such definitions apply to
11     agencies or agency heads under the jurisdiction of the
12     Governor.
13         (3) Private and semi-private rooms in nursing homes and
14     long-term care facilities that are occupied by one or more
15     persons, all of whom are smokers and have requested in
16     writing to be placed or to remain in a room where smoking
17     is permitted and the smoke shall not infiltrate other areas
18     of the nursing home.
19         (4) Hotel and motel sleeping rooms that are rented to
20     guests and are designated as smoking rooms, provided that
21     all smoking rooms on the same floor must be contiguous and
22     smoke from these rooms must not infiltrate into nonsmoking
23     rooms or other areas where smoking is prohibited. Not more
24     than 25% of the rooms rented to guests in a hotel or motel
25     may be designated as rooms where smoking is allowed. The
26     status of rooms as smoking or nonsmoking may not be



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1     changed, except to permanently add additional nonsmoking
2     rooms.
3 (Source: P.A. 95-17, eff. 1-1-08.)
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.".