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Smoking ban effective Jan. 1, though specifics still not done

Posted December 12, 2007 10:00 pm

Chris Wetterich

The Illinois General Assembly's Joint Committee on Administrative Rules will not vote on proposed rules for the statewide smoking ban until Jan. 9, but the law will go into effect as written on Jan. 1.

"The law supercedes the rules," Kimberly Parker, a state Department of Public Health spokeswoman, said Wednesday. "The law goes into effect as announced."

JCAR consists of 12 senators and representatives from both parties. It reviews rules made by state agencies and can make suggestions, object to and prohibit rules from taking effect, according to its Web site.

But Gov. Rod Blagojevich, in a recent controversial decision related to his desire to expand state health-care coverage, decided that JCAR has no power to block administration actions.

Rebecca Rausch, a spokeswoman for the governor, did not return a phone call seeking comment.

The specifics of the smoking ban were turned over to JCAR in late November, so it has until Jan. 9 to approve them. JCAR and the administration could agree to an extension of that deadline. Jan. 9 is also the next day the panel will meet in Springfield.

Rep. John Fritchey, D-Chicago, said JCAR's delay in voting on the rules is because questions remain about the best way to enforce the law.

"There's stuff statutorily that should be in there that's not," said Fritchey, a member of JCAR. "There's a strong concern that the implementation of the act follows the intent of the legislation and does no more or no less."

Among the questions that still need to be answered is whether Illinois State Police should enforce the ban, how people can contest citations they receive, whether facilities where smoking research is conducted should be exempt, and how to interpret the part of the law banning smoking within 15 feet of entrances.

For example, Fritchey said, does a business get ticketed if a person waiting to cross the street in a rain shower is standing under a canopy smoking?

"There's a gray zone. I don't believe anybody intended for a private business to be liable for the actions of private citizen who's not a patron," said Fritchey, who voted for the bill. "One would always hope common sense rules the day. But history has shown we need direction for those who show less common sense than others."

There also is no provision for fines to be contested under the state law, a concern brought up by local health officials at a recent meeting to discuss the law.

Springfield and the unincorporated parts of Sangamon County do have a hearing process under their local smoking bans.

The efficient thing to do would be to send a "trailer bill" through the legislature to clean up the language, Fritchey said, but there is a concern that "when you open door a bit, you have number of folks that would try to kick it all the way open."

Another potential problem is that there does not appear to be an exemption for tobacco research being done at Northwestern University in Chicago, said Sen. Maggie Crotty, D-Oak Forest.

"I think a lot of these things can be worked out," Crotty said.

In the meantime, Fritchey said, the law as written should be enforced starting Jan. 1.

The statewide ban affects all indoor workplaces and spaces open to the public. The only exceptions are for private homes not used for adult day care, child care or health care; private vehicles; private nursing home rooms; retail tobacco stores; and designated hotel and motel rooms.

Chris Wetterich can be reached at (217) 788-1523 or chris.wetterich@sj-r.com.

Smoking ban rules

The proposed rules more specifically describe some of the act's provisions. For example, the rules describe what must be on "no smoking" signs required by the law:

All signs must be 5-by-7 inches, contain the international "no smoking symbol" or the words "no smoking," the telephone number designated by the state Department of Public Health to report complaints, the department's Web site and be visible to a person of normal vision from 5 feet away.

The rules also clarify that while the law allows a nursing home to have private smoking rooms, they are not required to do so.

And while those who make a complaint about a smoking ban violation will be required to provide their name, the Department of Public Health must keep the name confidential unless he or she consents, the proposed rules say.

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