by Carole Briggs

Created on: October 25, 2008   Last Updated: December 29, 2010

The Smoke Free Illinois Act, Public Act 095-0017, became effective state-wide on January 1, 2008. The Act prohibits smoking in virtually all public places and workplaces, including offices, theaters, museums, libraries, educational institutions, schools, commercial establishments, enclosed shopping centers and retail stores, restaurants, bars, private clubs and gaming facilities.

The Act, designates that The Illinois Department of Public Health, State-certified local public health departments, and local law enforcement agencies shall enforce and assess fines to a person, corporation, partnership, association or other entity that violates this Act shall be fined.

Each day that a violation occurs is a separate violation. A person who smokes in an area where smoking is prohibited shall be fined not less than $100 and not more than $250.

A person who owns, operates, or otherwise controls a public place or place of employment that violates this Act shall be fined not less than $250 for the first violation, and 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.

Illinois joined over 20 other states in wisely recognizing that exposure to second-hand tobacco smoke is potentially fatal; yet smokers somehow feel that they are in some way entitled to light up if they got 'em whenever or wherever they are.

Some inconsiderate and thoughtless people even have the audacity to light up sitting right in front of a government-issued Smoking Prohibited sign!

The Springfield, Illinois newspaper, "The State Journal Register" recently published an article written by Bruce Rushton which details some of the severity of the problem. Fortunately, there is a bill pending before the Illinois legislature aimed at clarifying uncertainties of the law's wording, including due process legalities so that violators of the ban would be fairly punished. Good thing.

The Decatur Herald and Review ran an article in September regarding the lack of resources needed to enforce the ban. In addition to lack of resources, Steve Bertsch of the Macon County Health Department's environmental health division goes even farther stating: "It's not cost-effective for us to fine them. We have to split the fine with the state, and we don't really have a logistical procedure in place at this time to split all that up."

A recent Letter to the Editor of the State Journal Register submitted

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