Happy new laws, smokers and teen drivers
SPRINGFIELD -- In a year in which state leaders have been lambasted for their inability to do much of significance, smokers and teen drivers may beg to differ.
Both are targets of far-reaching laws that, for smokers, will radically curtail where they can light up and for teens, restrict when and with whom they can drive.
They are among the more than 100 laws that hit the books with the start of 2008.
For teens eager to drive, a series of new requirements are intended to give them more practical experience before driving solo. For instance, 15-year-olds will be required to spend nine months rather than three driving with a learner's permit, and drivers 18 and younger can be ticketed for using their cell phones while behind the wheel.
In addition, the state driving curfew for 16- and 17-year-olds moves up an hour to 10 p.m. on weekdays, 11 p.m. on weekends.
And calling "shotgun" may have new legal importance as a new driver can have only one unrelated teenage passenger in the vehicle during the first year with a license. Extra passengers and the driver will be ticketed. Lawmakers and police say the front-seat passenger would likely be the one to escape citation.
To help with enforcement, parents will be able to go online to peek in on their teen's driving history for free at www.cyberdriveIllinois.com
All told, the new teen driving laws will make Illinois among the toughest states for teenagers to get and stay licensed. Traffic safety experts predict the provision could reduce fatal crashes among 16-year-old drivers by 38 percent.
"These new laws will make the roads safer for all of us, especially teen drivers, and will save lives," Secretary of State Jesse White said in a news release. White's office oversees licensing and pushed the new restrictions.
For smokers, there will be few public places anywhere in the state that they'll be welcome. Bars, restaurants, even riverboat casinos all must be smoke-free with both the smokers and the businesses facing fines for violations.
"This one will actually save lives, and I think that's where it will have a huge, huge bearing in the future," said state Sen. Terry Link, a Waukegan Democrat who sponsored the statewide ban.
A state panel assigned to fill in the details of the smoking ban won't finish its task until later this month, after the effective date of the ban. But a state public health spokeswoman said the law takes effect today regardless and will be enforced by state and local health agencies and law enforcement.
Meanwhile, smokers' groups continue their opposition.
The Lake Bluff-Based Illinois Smokers Rights predicts economic woes as a result of the ban and says lawmakers have been too quick to side with the health groups pushing the action, calling it "social engineering."
"Bottom line, our state will be hurt financially, a fact which our various state agencies will attempt to hide," said Garnet Dawn Scheuer, Midwest regional director of The Smoker's Club. "This has to be among the most shameful laws our Illinois Assembly has ever passed."
New teenage driving restrictions
New teen driving laws take effect today. For more information and detail go to: www.cyberdriveillinois.com/departments/drivers/programs/gdlnew.html
• The learner's permit phase is extended to nine months from three.
• Curfew for 16- and 17-year-old drivers moved up an hour to 10 p.m. during weekdays, 11 p.m. on weekend.
• New driver can have only one unrelated teenage passenger during first year with license. Had been first six months.
• Extra passengers ticketed along with driver.
• Drivers younger than 18 must appear in court with parent or guardian to get court supervision for a ticket. Drivers younger than 21 must attend traffic school to get court supervision.
• Graduated-licensing system will require teens to earn their way from one stage to the next. Tickets and other violations will hinder ability to advance beyond the initial restrictions.
Smoking ban details
The new state smoking ban takes effect today. For more information and detail go to www.idph.state.il.us/smokefree/index.htm
• Smoking banned in bars, casinos, restaurants, bowling alleys, sports venues, government vehicles, dorms and essentially all public places.
• Also banned within 15 feet of any entrance, exit, window or air vent serving those places.
• Fines for smokers must be at least $100 and no more than $250. Fines for businesses must be at least $250 for a first offense, $500 for second and $2,500 for additional offenses within one year.
• Half the money goes to the Illinois Department of Public Health, half to the local enforcement agency.
• Smoking still allowed in private residences unless used for licensed child care, foster care or home-based business open to the public.
• Nursing home residents who smoke can request, in writing, to be in a smoking room with other smokers who've made the same written request.
New year, new laws
When 2008 arrives, 227 new state laws take effect covering everything from drugs to state light bulb use. To find out more, use the actual number of the legislation at the General Assembly's Web site, www.ilga.gov.
Consumer protections
• Gift cards and certificates will retain full value so long as they're used within five years. Previously, expiration dates and value reductions were set by the businesses issuing the cards. (HB369)
• Residents of mobile home parks get new consumer protections designed to help when park owners raise rental rates. (SB688)
Health
• Insurance companies cannot refuse to cover treatment of injuries acquired when someone was intoxicated or under the influence of drugs. (SB21)
• All kindergartners or first-graders must get eye exams. (SB641)
Crime and punishment
• Threatening or attacking a ComEd or other utility worker will draw stiffer fines or jail time. Utility workers get added legal protection, and any attack on them is automatically considered an aggravated assault or aggravated battery. (SB1293)
• Taxi drivers get the same legal protection. (SB76)
• Possession of more than 200 marijuana plants is a Class 1 felony punishable by up to 15 years in prison, more than doubling previous penalties. (HB1684)
• Pets can be included in orders of protection. (HB9)
• Videotaping someone in a restroom, tanning bed, locker room or hotel room without consent will be a felony rather than a misdemeanor, which means prison instead of jail, higher fines and a felony criminal record. (SB273)
Pornography
• An establishment will be considered an "adult entertainment facility" if 25 percent or more of its sales are of sexually explicit materials. Previously the distinction was given if the "primary business" was sale of such materials. (HB286)
• People convicted of possessing child pornography get another $500 slapped onto their fines. (HB170)
Cyber crime
• It'll be illegal to use the Internet to solicit information by claiming to represent a business without permission. (SB137)
• Unauthorized access of a computer network is considered computer tampering and could result in arrest and jail time. (SB142)
• Someone convicted of illegally downloading songs and movies would have to pay restitution based on the total wholesale value of the recordings and the cost of the investigation. (SB532)
• Merely discussing sex acts with a child online becomes a felony. (HB2858)
Traffic
• Failure to stop or yield to a pedestrian in a crosswalk will bring at least a $150 fine for the first offense and $300 or more if you do it again. (SB441)
• Motorists passing bicycles must stay at least 3 feet away. (SB80)
• School buses must post phone numbers of the bus company. (HB3624)
• PACE buses don't have to pay tolls. (SB170)
Grab bag
• Everyone, not just state employees, can be recognized for coming up with good ideas for saving money. There are cash prizes. Come up with more than $400,000 in savings and you could get $5,000. (HB28)
• Libraries can divulge a library user's information to police when an emergency has occurred that involves the imminent danger of physical harm and it is impractical to get a court order. (HB237)
• Preschools, day cares and other child-care centers must require a copy of a birth certificate for newly enrolled children. (HB250)
• Employees can now take off more than an hour in order to donate blood. (HB411)
• Police and fire departments must transfer pregnant officers and firefighters to less hazardous duties during the pregnancy if asked. Refusal to do so could prompt fines and other legal penalties. (HB166)
• State buildings must use "Energy Star" light bulbs. They are allowed to first use up any old light bulbs. (SB215)
• Dogs gain access to outdoor cafes in Chicago. Both the city council and Illinois General Assembly cleared the way for the city's restaurants to allow pet dogs in outdoor areas, but not inside. (SB341)
Source: General Assembly Web site, Senate Republican new laws guide