Bill Text: IL SB0851 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Smoke Free Illinois Act. Makes a technical change in a Section concerning exemptions.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2010-07-28 - Public Act . . . . . . . . . 96-1357 [SB0851 Detail]

Download: Illinois-2009-SB0851-Enrolled.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Mental Health and Developmental
Disabilities Code is amended by changing Section 1-122 as
follows:
(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
Sec. 1-122. Qualified examiner. "Qualified examiner" means
a person who is:
(a) a Clinical social worker as defined in this Act,
(b) a registered nurse with a master's degree in
psychiatric nursing who has 3 years of clinical training and
experience in the evaluation and treatment of mental illness
which has been acquired subsequent to any training and
experience which constituted a part of the degree program, or
(c) a licensed clinical professional counselor with a
master's or doctoral degree in counseling or psychology or a
similar master's or doctorate program from a regionally
accredited institution who has at least 3 years of supervised
postmaster's clinical professional counseling experience that
includes the provision of mental health services for the
evaluation, treatment, and prevention of mental and emotional
disorders, or .

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(d) a licensed marriage and family therapist with a
master's or doctoral degree in marriage and family therapy from
a regionally accredited educational institution or a similar
master's program or from a program accredited by either the
Commission on Accreditation for Marriage and Family Therapy or
the Commission on Accreditation for Counseling Related
Educational Programs, who has at least 3 years of supervised
post-master's experience as a marriage and family therapist
that includes the provision of mental health services for the
evaluation, treatment, and prevention of mental and emotional
disorders.
A social worker who is a qualified examiner shall be a
licensed clinical social worker under the Clinical Social Work
and Social Work Practice Act.
(Source: P.A. 91-536, eff. 1-1-00.)
Section 5. The Smoke Free Illinois Act is amended by
changing Section 35 as follows:
(410 ILCS 82/35)
Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:
(1) Private residences or dwelling places, except when
used as a child care, adult day care, or healthcare
facility or any other home-based business open to the
public.

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(2) Retail tobacco stores as defined in Section 10 of
this Act in operation prior to the effective date of this
amendatory Act of the 95th General Assembly. The retail
tobacco store shall annually file with the Department by
January 31st an affidavit stating the percentage of its
gross income during the prior calendar year that was
derived from the sale of loose tobacco, plants, or herbs
and cigars, cigarettes, pipes, or other smoking devices for
smoking tobacco and related smoking accessories. Any
retail tobacco store that begins operation after the
effective date of this amendatory Act may only qualify for
an exemption if located in a freestanding structure
occupied solely by the business and smoke from the business
does not migrate into an enclosed area where smoking is
prohibited.
(3) (Blank). Private and semi-private rooms in nursing
homes and long-term care facilities that are occupied by
one or more persons, all of whom are smokers and have
requested in writing to be placed or to remain in a room
where smoking is permitted and the smoke shall not
infiltrate other areas of the nursing home.
(4) Hotel and motel sleeping rooms that are rented to
guests and are designated as smoking rooms, provided that
all smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into nonsmoking
rooms or other areas where smoking is prohibited. Not more

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than 25% of the rooms rented to guests in a hotel or motel
may be designated as rooms where smoking is allowed. The
status of rooms as smoking or nonsmoking may not be
changed, except to permanently add additional nonsmoking
rooms.
(5) Enclosed laboratories that are excluded from the
definition of "place of employment" in Section 10 of this
Act. Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of
the Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(6) Common smoking rooms in long-term care facilities
operated under the authority of the Illinois Department of
Veterans' Affairs or licensed under the Nursing Home Care
Act that are accessible only to residents who are smokers
and have requested in writing to have access to the common
smoking room where smoking is permitted and the smoke shall
not infiltrate other areas of the long-term care facility.
Rulemaking authority to implement this amendatory Act of
the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of
the Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules;

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any purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)