If you drive in Illinois, you may soon face a first time fine of $100 if you have kids in your car and are caught smoking under new legislation proposed in Springfield.

If you are caught doing it a second time, the fine would be $250.00.

Illinois House Bill 2276 states:

Provides that a person shall not smoke in a motor vehicle containing a person under 18 years of age, regardless of whether the vehicle is in motion, at rest, or has its windows down. Defines smoking as inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance. Provides that a police officer may not stop a motor vehicle solely for a violation of the Section. Provides that a violation is a petty offense with a maximum fine of $100 and that, for a second or subsequent offense, the fine is not to exceed $250.

The bill has already passed the Illinois house by a vote of 78-20 and is on it's way to the Illinois Senate.

Rockford Area State Reps Cabello (R), West (D) and voted in favor of the measure, Reps Keicher (R), Demmer (R) and Sosnowski (R) were absent for the vote.

Similar legislation has been introduced in Illinois in the past, but has failed,  because drivers caught smoking with minors present would have been considered primary offense. This time around, the legislation will classify smoking with a minor in the vehicle as a secondary offense. This means you would have to be stopped for another offense, such as speeding, before you could be cited.