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have there been any judicial ruling that have affected the…

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have there been any judicial...
have there been any judicial ruling that have affected the implementation of the clean indoor air law in Illinois? If so, what are they? I need this answer ASAP to do a powerpoint presentation, when can I expect an answer?
Submitted: 8 years ago.Category: Legal
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Answered in 2 hours by:
6/11/2010
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,758
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The Indoor Clean Air Act was renamed the Smoke Free Illinois Act. According to the IL Appeals Court, the State may not prosecute violations of the Smoke Free Act through criminal proceedings in the circuit courts. Reading the Smoke Free Act as a whole, it is clear that the legislature intended violations of the Smoke Free Act to be enforced administratively, not in criminal proceedings. Nowhere does the Smoke Free Act describe a violation as a criminal act. Violations are not referred to as "offenses" or "crimes." Moreover, numerous provisions of the Smoke Free Act make clear the legislature's intent that it be enforced administratively. See: People v. Kane, No. 3-08-1008 (Ill. App., 2010).


 

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Customer reply replied 8 years ago
So, from your experience and knowledge there hasn't been any judicial ruling or restraints that may have affected the IMPLEMENTATION of the Clean indoor air act?
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
The above is the ONLY case discussing the Smoke Free Illinois Act. No cases have been brought forth restricting implementation.
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