Bill Text: IL SB2314 | 2009-2010 | 96th General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2314 Detail]

Download: Illinois-2009-SB2314-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2314 Introduced 2/20/2009, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
410 ILCS 82/35
Amends the Smoke Free Illinois Act. Makes a technical change in a Section concerning exemptions.
LRB096 11535 WGH 22016 b
A BILL FOR
SB2314 LRB096 11535 WGH 22016 b
AN ACT concerning health.
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 Section 35 as follows:
(410 ILCS 82/35)
Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the 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

SB2314 - 2 - LRB096 11535 WGH 22016 b
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) 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
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.
(Source: P.A. 95-17, eff. 1-1-08.)