On July 28, 2023, Governor Pritzker signed an amendment to
the Smoke Free Illinois Act (Act) into law that went into effect on January 1,
2024. P.A.
103-0272
The amendment added the term “electronic cigarette” to the
Act and explicitly clarified the term “smoke” or “smoking” includes the use of
electronic cigarettes.
The Act states “no person shall smoke in a public
place or in any place of employment or within 15 feet of any entrance to a
public place or place of employment. No person may smoke in any vehicle
owned, leased, or operated by the State or a political subdivision of the
State. An owner shall reasonably assure that smoking is prohibited in
indoor public places and workplaces unless specifically exempted…” (emphasis
added).
“Public places” are portions of buildings that are open to
the public, regardless of whether it is owned in whole or in part by private
entities or whether a fee is charged for admission. This includes, but is not
limited to, hospitals, restaurants, retail stores, offices, elevators,
theaters, educational facilities, libraries, polling places, public restrooms,
bars, bowling alleys, skating rinks, and a majority of hotel rooms.
The Illinois Department of Public Health, local public
health departments, and law enforcement agencies are primarily responsible for
enforcing the Act. Any person may file a complaint under the Act with these
health departments or law enforcement to issue citations. Local governments may
expect an increase in the number of complaints filed in response to the
expansion of the Act; however, educating restaurant, bar, and other business
owners about this new law may reduce instances of noncompliance.
Post Authored by Daniel Lev, Ancel Glink