Smoke Free Illinois Act

On January 11, 2007, Illinois State Senator John J. Cullerton introduced comprehensive legislation that would make Illinois workplaces and indoor public places smoke-free. Similar legislation was also introduced in the Illinois House of Representatives as House 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.[1]

The 95th Illinois General Assembly put the Smoke-Free Illinois Act into effect beginning January 1, 2008.[2] 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."[3]

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 intakes.[3] This includes but is not limited to:

• Public places and buildings, offices, elevators, restrooms, theaters, museums, libraries, educational institutions, schools, commercial establishments, enclosed shopping centers and retail stores
• Restaurants, bars, taverns and gaming facilities
• Lobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms and other common-use areas
• Concert halls, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, ice and roller skating rinks, convention facilities, polling places and private clubs
• Hospitals, health care facilities, health care clinics, child care, adult care or other similar social service care
• No less than 75 percent of hotel or motel sleeping quarters rented to guests
• Public conveyances, government-owned vehicles and vehicles open to the public

• A private residence, as long as it is not used as a home-based business, open to the public: child care, healthcare facility, adult daycare
• Retail tobacco stores whose sales from tobacco are greater than 80 percent of total revenue and do not have a 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.

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 (30 ILCS 805) by adding Section 8.31. Enforcement, fines, and proprietor responsibilities are outlined per the Illinois Municipal League Newsletter dated December 13, 2007.[4]

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. (410 ILCS 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. (410 ILCS 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. (410 ILCS 82/20)

Rather than immediately fine businesses for violating the smoking ban, several county health departments opted to work with businesses to provide education as a first response instead. Over the first year of the ban being in effect, health departments in Peoria, Tazewell, Woodford, and Fulton counties received hundreds of complaints. As an indicative example, Tazewell county adopted a three-strikes system before instituting fines.[5][6]

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.[7] 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 televisions in their smoking huts.[8]

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),[9] which has a national program known as the Tobacco Policy Research and Evaluation Program. The researchers began to test 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.

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.

• List of smoking bans in the United States

• Smoke-free Illinois — Illinois Department of Public Health site about the law
• Public Act 095-0017 — text as originally enacted
• Smoke-Free Illinois — explanatory page at the Respiratory Health Association of Metropolitan Chicago site