Smoking ban enforcement still cloudy

SPRINGFIELD -- The state's new smoking ban is still the law, despite its enforcement details remaining up in the air.

A state legislative panel voted 9-1 Wednesday to reject a set of enforcement provisions the State Department of Public Health proposed. Lawmakers said the rules either didn't address due process problems related to those ticketed for illegal smoking, or failed to resolve confusion about the 15-foot minimum smoke-free zone that's supposed to extend from a building's entrance, exit and windows.

"There are just some things missing that need to be addressed," said state Sen. Randy Hultgren, a Wheaton Republican who serves on the committee. "There's just no clarification."

Hultgren said he'd hoped the issue would be resolved Wednesday, but its delay has no effect on the smoking ban's status.

The smoking ban, which took effect Jan. 1, prohibits smoking in essentially all public place, including bars, restaurants and riverboat casinos. Fines for smokers start at $100 and $250 for businesses, with the Illinois Department of Public Health and the local enforcement agency splitting that money.

However, a state public health spokeswoman said due process for illegal smoking shouldn't be a problem.

"We feel that there is some due process already there," said agency spokeswoman Melany Arnold. Alleged violators "certainly can go to circuit court if they want to appeal. And we have talked with local health departments about working with local attorneys."

But lawmakers had other problems, particularly with the 15-foot, smoke-free zone.

State Sen. Brad Burzynski, a Sycamore Republican also serving on the committee, offered one example of uncertainty on violations of the 15-foot rule -- smokers waiting at a bus stop outside a restaurant or business' door.

"Is that the shop owner's responsibility or liability?" Burzynski said.

Hultgren added he's concerned businesses may be investing in outdoor smoking shelters, patios or beer gardens to make smoking patrons happy only to have those investments jeopardized by the uncertainty over the 15-foot zone.

"I think until this is clarified, they're at risk," Hultgren said.

Arnold said the department is continuing to work on its proposed rules to find a solution.