Full Text of SB1864 101st General Assembly
SB1864sam001 101ST GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/4/2019
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| 1 | | AMENDMENT TO SENATE BILL 1864
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1864 on page 1, by | 3 | | replacing line 5 with the following:
| 4 | | "changing Sections 10 and 35 as follows:"; and
| 5 | | on page 9, immediately below line 24, by inserting the | 6 | | following: | 7 | | "(410 ILCS 82/35) | 8 | | Sec. 35. Exemptions. | 9 | | (a) Notwithstanding any other provision of this Act, | 10 | | smoking is allowed in the following areas: | 11 | | (1) Private residences or dwelling places, except when | 12 | | used as a child care, adult day care, or healthcare | 13 | | facility or any other home-based business open to the | 14 | | public. | 15 | | (2) Retail tobacco stores as defined in Section 10 of | 16 | | this Act in operation prior to the effective date of this |
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| 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 |
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| 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
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| 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 | | (b) Notwithstanding any other provision of this Act, use of | 15 | | electronic cigarettes is allowed in county jails. | 16 | | (Source: P.A. 98-1023, eff. 8-22-14.)".
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