Synopsis As Introduced Creates the Smoke Free Illinois Act. Sets forth the findings of the General Assembly. Creates several definitions. Prohibits smoking in public places, places of employment, and governmental vehicles. Requires "No Smoking" signs to be posted in each public place and place of employment where smoking is prohibited. Requires ashtrays to be removed from any area where smoking is prohibited. Prohibits smoking in student dormitories, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education. Provides that the Department of Public Health, State-certified local public health departments, and local law enforcement agencies shall enforce the provisions of the Act. Sets forth fines for violations of the Act. Provides that the Department, a State-certified local public health department, local law enforcement agency, or any individual personally affected by repeated violations may institute, in a circuit court, an action to enjoin violations of the Act. Prohibits discrimination against individuals who exercise their rights afforded by the Act. Provides that a home rule unit may regulate smoking in public places, but that regulation must be no less restrictive than the provisions in the Act. Prohibits smoking within a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Amends the State Mandates Act to require implementation without reimbursement. Repeals the Illinois Clean Indoor Air Act.
House Floor Amendment No. 1 Provides that retail tobacco stores shall annually file with the Department of Public Health by January 31st an affidavit stating the percentage of its gross revenue (instead of 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.
Home Rule Note (Dept. of Commerce & Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, HB 246 does pre-empt home rule authority.