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1. What is the Smoke-Free Illinois Act?

The Smoke-Free Illinois Act is a state law effective January 1, 2008 that prohibits smooking in enclosed areas of any public place or place of employment, and within 15 feet of any entrance, exit, window that opens or ventilation intake that serves a smoke-free area. An enclosed area is defined as a space between a floor and a ceiling that is enclosed or partially enclosed with solid walls or windows, exclusive of doorways. The Smoke-Free Illinois Act replaces the Illinois Clean Indoor Air Act.

2. What is the purpose of the Smoke-Free Illinois Act?

The Smoke-Free Illinois Act is intended to protect employees and patrons from secondhand smoke, which has been linked to deaths of 2,900 Illinois adults and children each year.

3. Where is smoking allowed?

The only locations where smoking is allowed are?
-Private residences, except when used as a childcare, adult care, healthcare facility or any other business open to the public.
-Semi-private rooms in nursing homes or long-term care facilities in which residents of the room are smokers and have requested smoking rooms in writing; provided taht the smoke does not infiltrate other areas of the facility.
-Hotel and motel rooms designated as smoking rooms, provided taht rooms on the same floor are contiguous and no more than 25% of rooms are smoking rooms. These rooms must be permanently designated as such and cannot be changed except to permanently add addtional smoking rooms.
-Retail tobacco stores which derive more than 80% of revenue from tobacco sales.

4. If an organization was exempt under a local ordinance, is it still exempt?

Unless an organization falls under one of the exemption categories listed above, operators mush comply with the Smoke-Free Illinois Act. This includes private clubs, regardless of when they are open to the public.

5. Can other non-smoking areas be established?

An employer, owner, occupant, lessee, operator, manager or other person in control of any public space or place of employment may designate a non-enclosed area of a public place or place of employment, including outdoor areas, as a non-smoking area provided that signs are conspicuously posted.

6. What else is required for compliance with the law?

The new law requires "No Smoking" signs to be posted at every entrance. Signs can be downloaded at http://www.smoke-free.illinois.gov. You may create your own but they must comply with requirements of the Smoke-Free Illinois Act. Ashtrays must also be removed from any location where smoking is prohibited.

7. How is the act enforced?

Enforcement is handled on a complaint basis. The Illinois Department of Public Health, law enforcement agencies, and the McLean County Health Department are designated as enforcement agents under the new law and will follow-up on complaints as warranted. Violators (those who smoke in prohibited areas or proprietors who allow smoking in such areas) are subject to warnings or fines under the law. Each day that a violation occurs is a seperate violation.

A person who smokes in a prohibited area shall be fined from $100 to $250. A person who owns, oeprates or controls a public place or place of employment that violates the act shall be fined $250 for the first violation, $500 for the second violation within one year of the first violation, and $2,500 for each addtional violation within one year of the first violation.

8. Where can patrons register complaints?

Complaints can be registered at www.smoke-free.illinois.gov or by calling (866) 973-4646 or TTY (800) 547-0466 (hearing impaired only).