Senate committee advances bill to clarify smoking ban penalties

SPRINGFIELD, Ill. -- State lawmakers are trying to clear the haze of confusion over how to punish violators of Illinois' new smoking ban in public places.

Starting Jan. 1, Illinois barred smoking in bars, restaurants and other public places and within 15 feet of their entrances, with violators and the establishments facing fines of up to $250.

But both business owners and law enforcement have complained the law isn't clear on how to handle violations and the owners' responsibility for stopping smoking. Some prosecutors have promised not to pursue smoking-ban cases until the law is clarified.

A measure that advanced out of a Senate committee Wednesday 11-1 would make violations a civil offense, rather than a crime or petty offense.

That means either law enforcement or local health departments would issue citations to violators. Smokers and businesses would deal with the Illinois Department of Public Health to pay the fine or protest.

That likely won't be the final word, however.

Supporters say the setup mirrors the process nursing homes can go through to resolve violations and would keep the court system free of more clutter.

Some lawmakers say it's unfair to require violators to travel to Springfield or Chicago to deal with a small infraction. They want penalties resolved in local court systems instead.

"It is bureaucratically primitive," Sen. Dale Righter, R-Mattoon, said of the Public Health dispute process. "I'm not sure this helps at all."

Sen. Terry Link, D-Waukegan, agreed and said he would work on a compromise as the measure heads to the full Senate.

"I don't want to inconvenience people for a $250 fine," Link said.

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The bill is SB2707.

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On the Net: www.ilga.gov