Bill Text: IL SB0852 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Illinois Nuclear Facility Safety Act. Makes a technical change in a Section on legislative findings.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-08-22 - Public Act . . . . . . . . . 98-1023 [SB0852 Detail]

Download: Illinois-2013-SB0852-Chaptered.html

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Public Act 098-1023
SB0852 Enrolled LRB098 05078 JDS 35109 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Smoke Free Illinois Act is amended by
changing Sections 35 and 45 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.
(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).
(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
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;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(7) A convention hall of the Donald E. Stephens
Convention Center where a meeting or trade show for
manufacturers and suppliers of tobacco and tobacco
products and accessories is being held, during the time the
meeting or trade show is occurring, if the meeting or trade
show:
(i) is a trade-only event and not open to the
public;
(ii) is limited to attendees and exhibitors that
are 21 years of age or older;
(iii) is being produced or organized by a business
relating to tobacco or a professional association for
convenience stores; and
(iv) involves the display of tobacco products.

Smoking is not allowed in any public area outside of
the hall designated for the meeting or trade show.
This paragraph (7) is inoperative on and after October
1, 2015.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
96-1357, eff. 1-1-11.)
(410 ILCS 82/45)
Sec. 45. Violations.
(a) A person, corporation, partnership, association or
other entity who violates Section 15 or 20 of this Act shall be
fined pursuant to this Section. Each day that a violation
occurs is a separate violation.
(b) A person who smokes in an area where smoking is
prohibited under Section 15 of this Act shall be fined in an
amount that is $100 for a first offense and $250 for each
subsequent offense. A person who owns, operates, or otherwise
controls a public place or place of employment that violates
Section 15 or 20 of this Act shall be fined (i) $250 for the
first violation, (ii) $500 for the second violation within one
year after the first violation, and (iii) $2,500 for each
additional violation within one year after the first violation.
(c) A fine imposed under this Section shall be allocated as
follows:
(1) one-half of the fine shall be distributed to the
Department; and

(2) one-half of the fine shall be distributed to the
enforcing agency.
(d) 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.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)