View source for Smoke Free Illinois Act

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{{tone|date=April 2010}}
The '''Smoke Free Illinois Act''' ({{ILCS|410|82}}; Public Act 095-0017) is a comprehensive [[Anti-smoking legislation|anti-smoking law]] that took effect in [[Illinois]] on {{start date|2008|1|1}}, and bans smoking inside most buildings and vehicles used by the general public, used as a place of employment, or owned by the government or other [[public body]]. It also requires "no-smoking" signs, bans smoking within {{convert|15|ft}} of openings in the targeted buildings and requires at least 75% of rooms in each [[hotel]] to be non-smoking. It replaced the more limited Illinois [[Clean Indoor Air Act]] (410 ILCS 80).

==Enactment==
On January 11, 2007, [[Illinois Senate|Illinois State Senator]] [[John J. Cullerton]] introduced comprehensive [[legislation]] that would make Illinois workplaces and indoor [[public place]]s [[tobacco smoke|smoke]]-free. Similar legislation was also introduced in the [[Illinois House of Representatives]] as House [[Bill (proposed law)|Bill]] 246 by Representative [[Karen Yarbrough]]. The [[American Lung Association]] and the [[American Cancer Society]] of Illinois joined more than 450 other organizations in applauding State Senator Cullerton and State Representative Karen Yarbrough for this important step.<ref>{{cite web|url=http://www.lungusa.org/associations/states/illinois/advocacy/smoke-free-illinois-act.html |title=Smoke Free Illinois Act - American Lung Association |publisher=Lungusa.org |access-date=July 25, 2011}}</ref>

The [[95th Illinois General Assembly]] put the Smoke-Free Illinois Act into effect beginning January 1, 2008.<ref>{{cite web|url=http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0017 |title=ILGA.gov |publisher=ILGA.gov |date=June 30, 2005 |access-date=August 17, 2011}}</ref> Per Damon T. Arnold, M.D., M.P.H Director of the [[Illinois Department of Public Health]], "The Smoke-free Illinois Website is designed to provide a variety of informational resources. I encourage you to read the information contained here to become more informed about the Smoke-free Illinois law, to access information about secondhand smoke, to seek assistance to quit smoking or to lodge a complaint about a possible violation."<ref name="smoke-free"/>

==Locations==
As of January 1, 2008, the Smoke-Free Illinois Act requires that public places and places of employment must be completely smoke-free inside and within 15 feet from entrances, exits, windows that open and [[ventilation (architecture)|ventilation intakes]].<ref name="smoke-free">{{cite web|url=http://www.smoke-free.illinois.gov |title=Smoke-free.Illinois.gov |publisher=Smoke-free.Illinois.gov |date=January 1, 2008 |access-date=August 17, 2011}}</ref> This includes but is not limited to:
* Public places and buildings, [[office]]s, [[elevator]]s, [[Public toilet|restrooms]], [[theater]]s, [[museum]]s, [[library|libraries]], [[educational institution]]s, [[school]]s, [[commerce|commercial establishments]], enclosed [[shopping center]]s and [[retail store]]s
* [[Restaurant]]s, [[bar (establishment)|bars]], [[tavern]]s and [[gambling|gaming facilities]]
* [[Lobby (room)|Lobbies]], [[receptionist|reception areas]], [[hallway]]s, [[meeting room]]s, [[waiting room]]s, [[coffee break|break rooms]] and other common-use areas
* [[Concert hall]]s, [[auditorium]]s, enclosed or partially enclosed [[sports arena]]s, [[bowling alley]]s, [[Ice rink|ice]] and [[Roller rink|roller skating rink]]s, [[convention center|convention facilities]], [[polling place]]s and [[private club]]s
* [[Hospitals]], [[health care]] facilities, health care [[clinic]]s, [[child care]], [[elderly care|adult care]] or other similar [[social service]] care
* No less than 75 percent of [[hotel]] or [[motel]] sleeping quarters [[renting|rented]] to guests
* [[Public conveyance]]s, [[government-owned]] [[vehicle]]s and vehicles open to the public

==Exemptions==
* A [[private residence]], as long as it is not used as a [[home business|home-based business]], open to the public: child care, healthcare facility, [[adult daycare]]
* [[Retail]] [[tobacco]] [[Retailing|stores]] whose sales from tobacco are greater than 80 percent of total [[revenue]] and do not have a [[liquor license|liquor]], restaurant, or food license
* [[Nursing homes]] or long-term care facilities both private, and semi-private, where all of the occupant(s) smoke, and have requested to be in a smoking room
* Hotel or motel rooms, up to 25 percent of capacity, as long as the rooms are on the same floor, and the smoke does not get into the non-smoking rooms.

==Enforcement==
The Smoke Free Illinois Act (Senate Bill 500, P.A. 95-0017), and codified as 410 ILCS 82 took effect January 1, 2008. It repeals the Illinois Clean Indoor Air Act (410 ILCS 80) and it amends the State Mandates Act ({{ILCS|30|805}}) by adding Section 8.31. Enforcement, fines, and proprietor responsibilities are outlined per the Illinois Municipal League Newsletter dated December 13, 2007.<ref>[http://www.iml.org Iml.org]{{Page needed|date=April 2010}}</ref>{{Page needed|date=April 2010}}
; Enforcement
The Illinois Department of Public Health, local public health departments, and local law enforcement agencies are required to enforce the act. These agencies may assess fines to any corporation, partnership, association or other entity violating the no smoking provisions of the act. Each day that a violation occurs is a separate violation. ({{ILCS|410|82|40}})
; Fines
A person who smokes in a prohibited area shall be fined from $100 to $250. A person who owns, operates, or otherwise controls a public place or place of employment that violates the act shall be fined not less than $250 for the first violation, not less than $500 for the second violation within one year after the first violation, and not less than $2,500 for each additional violation within one year after the first violation. ({{ILCS|410|82|45}})
; Proprietor responsibilities
Post a "no smoking" sign at each entrance. Do not permit smoking in a public place, a place of employment or within 15 feet of any entrance. Remove ashtrays from all areas where smoking is prohibited. ({{ILCS|410|82|20}})

==Working with violators==
{{Update|section|date=April 2010}}
{{As of|2008|2|5}}, [[Peoria County, Illinois|Peoria]], [[Tazewell County, Illinois|Tazewell]], [[Woodford County, Illinois|Woodford]], and [[Fulton County, Illinois|Fulton]] counties' Health Departments have not fined any businesses for violations of the smoking ban yet. Instead, they are trying to work with the businesses in order to educate them about the law. Brian Tun, the director of health promotion at the Peoria County Health Department, estimated that about forty complaints had been made in the Peoria County area already. If they do not send someone to investigate, they will send a letter to remind the business to comply with the law. He also stated a second warning letter has not been necessary to send out yet. The Health Department officials are undecided on how to handle additional violations after the second warning, if they are to go beyond the state's minimums. Sara Sparkman is the Tazewell County Health Department's Community Relations Manager. She said they have received seventeen complaints from nine separate locations. Violations include an informative letter for a first violation, a warning letter for a second violation, a meeting with the owner for a third violation, and probably fines after that.<ref>[http://www.pjstar.com PJStar.com]{{Date missing|date=April 2010}}{{Page needed|date=April 2010}}</ref>{{Date missing|date=April 2010}}{{Page needed|date=April 2010}}

==Loopholes==
Some business owners operate a smoking area through a loophole in the law. For around $5,000, a business could install a smoking hut or shack outside their establishment.<ref>{{cite news|url=http://www.chicagotribune.com/news/chi-smoking-shackjan29,0,2108731.story |title=Thank you for smoking –in a hut |publisher=Chicagotribune.com |date=January 29, 2008 |access-date=August 17, 2011 |first=Liam |last=Ford}}</ref> Since the state and city regulations have not been formed yet, owners can install these for their employees as well as their customers. Many bar owners are even going as far as installing TVs in their smoking huts.<ref>{{cite news|url=http://www.chicagotribune.com/news/chi-smokehuts20080128214420,0,1920948.photo |title=Employees taking a break in a smoke hut |publisher=Chicagotribune.com |access-date=August 17, 2011}}</ref>

==Assistance for hospital employees==
From 1993 to 1996, the [[University of Missouri-Columbia School of Medicine]] decided to run an experiment, partially funded by the [[Robert Wood Johnson Foundation]] (RWJF),<ref>{{cite web|url=http://www.rwjf.org/reports/grr/022931.htm |title=Smoke-Free Hospitals Lead to Smoke-Free Employees |publisher=Rwjf.org |access-date=August 17, 2011}}</ref> which has a national program known as the Tobacco Policy Research and Evaluation Program. The researchers were on a quest to find out if the new smoke-free restrictions put on hospitals would hinder or help the facility's employees. They tested on over a thousand hospitals. Notable results were found that included hospital compliance to the new laws, employees who were under this ban were more likely to quit, and smokers under pressure from fellow employees to follow the rules were more apt to stop smoking as well.

==Challenges to law==
{{Unreferenced section|date=April 2010}}
The Smoke Free Illinois Act has been challenged many times in [[Illinois circuit courts]] and, generally speaking, cases have been dismissed when various challenges were raised. In an effort to make the statute enforceable, the General Assembly passed changes to the Smoke Free Illinois Act to specify that enforcement would occur before an administrative agency, rather than before courts. However, the new amendments specify that the agency, the Illinois Department of Public Health, does not have the authority to pass rules or regulations under the new statute, without first gaining approval from the Legislature. Some believe that this renders the statute unconstitutional, because enforcement actions before the agency will concern only interpretation and enforcement of a statute, rather than of a statute in combination with an agency's rules or regulations. Interpreting and enforcing statutes, without reference to agency rules or regulations, has traditionally been the province of the Illinois courts, rather than being left to agencies to adjudicate. So, if the Illinois Department of Public Health attempts to enforce the newly amended statute, it is anticipated that there will be a constitutional challenge claiming that the delegation of authority to the agency fails and that it intrudes on the traditional role of courts.

==See also==
* [[List of smoking bans in the United States]]

==References==
{{Reflist}}

==External links==
* [http://www.smoke-free.illinois.gov/ Smoke-free Illinois] — Illinois Department of Public Health site about the law
* [http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0017 Public Act 095-0017] — text as originally enacted
* [http://www.lungchicago.org/site/epage/26730_487.htm Smoke-Free Illinois] — explanatory page at the Respiratory Health Association of Metropolitan Chicago site

{{Smoking by country}}

[[Category:2007 in American law]]
[[Category:2008 in American law]]
[[Category:Health in Illinois]]
[[Category:Tobacco control]]
[[Category:Illinois statutes]]
[[Category:Smoking in the United States]]
[[Category:2007 in Illinois]]