Smoke ban often defied Downstate
Rural authorities say state's law is too ambiguous

By E.A. Torriero and Steve Schmadeke, Chicago Tribune reporters
June 30, 2008
 
TAYLORVILLE, Ill. — The sign on the door of the American Tap warns patrons not to smoke. But sitting at the bar, customers merrily puff away, sharing cigarettes with the bartender and the owner while openly defying and mocking the state's ban on indoor smoking.

"I told the health department weeks ago, 'Go ahead and fine me,' " said owner Gary McWard, flicking an ash from his cigarette into an empty beer can on the bar top. "And I'm still waiting."

Enforcement could be a long time coming. Light up indoors in Chicago and the suburbs and get caught, and it's virtually certain the law will try to snuff it out. But in Downstate Illinois, where state smoking rates are the highest and opposition to the smoking ban is most vociferous, some communities are refusing to halt indoor smoking or levy fines.

Six months after the state's blanket ban on smoking in indoor public places took effect, Downstate smokers can easily be found either breaking the law or craftily skirting it except in urban areas such as Springfield, Bloomington and Champaign.

In and around Taylorville, a cozy community just 27 miles south of the Capitol building where the law was passed, more than half of the county's 17 major drinking establishments are filled with smokers, county officials said. Complaints pile into the Christian County Health Department, where officials fume they can do nothing more than issue warning letters and threats of fines to violators.

'A legal vacuum'
Some rural prosecutors and county health departments say they are in a legal bind: The law that took effect Jan. 1 is not specific in how it should be enforced.

Though the law spells out fines from $100 to $250 for smokers and from $250 on up for business owners, it does not detail a due process to enforce it, they say.

And it leaves it up to local authorities to wrestle with the ambiguity. Officials in Chicago and the suburbs are enforcing the ban despite the lack of certain guidelines, but some Downstate prosecutors are reluctant to—especially with strong pockets of public sentiment against the ban.

The Tribune contacted officials from more than a dozen Downstate counties who say they are doing nothing to enforce the law.

"We have been forced into a legal vacuum," said State's Atty. Tom Finks of Christian County, one of many Downstate counties that have not prosecuted a single violator. "Legally, the legislature has not given us the proper tools of enforcement. Our job is not to fill in the blanks."

Asked why he did not adopt Chicago-like enforcement standards, Finks said, "It's a classic difference in government philosophy between us down here and the folks up there."

Peoria attorney Daniel O'Day, who believes the ban infringes on personal liberty, travels across the state working for free to represent smokers cited under the law. He said the ban has a number of flaws, including no specific requirements for bartenders to enforce the law; no penalty for failing to remove ashtrays; and no legal limit on the dollar amount of fines for bar owners.

"This is Lawmaking 101," said O'Day, who is himself trying to give up smoking.

O'Day is confident the state smoking ban will be ruled unconstitutional. His attempt in Will County was rebuffed last month when a judge upheld the ban as well as the police citation process in which five bar smokers in Joliet were fined. A Bureau County judge is expected to rule on O'Day's arguments next month.

Legislators in the last session tried to close the legal loopholes, but the bill was tabled. Backers vow to readdress the issue in the next session. Ultimately, prosecutor Finks said, the revised law will likely provide for an administrative hearing process that will not involve county legal systems.

"In the meantime, there's nothing much that can be done about it," said Kathy Drea, director of public policy for the American Lung Association.

"We get calls all the time about violations, but for now people can get away with it," said Drea, who lives in Taylorville and knows of the rampant smoking in bars here. "It's frustrating."

Michael Grady, who helped craft the law for the American Cancer Society, said most communities have no problems upholding the law.

"The law is sufficient," he said. "If there is a situation, it is in people choosing not to follow it, not in legislative flaw."

Ban proponents are seeing more than 90 percent compliance statewide, Grady said. And the violations seem confined mostly to small bars, officials said.

The state's public health agency has gotten more than 3,700 smoking complaints this year. Complaints are forwarded to counties for investigation, but state officials said they have no idea how they are handled.

Creative strategies
Some tavern owners say they are following the letter of the law while creatively getting around the spirit of it.

Outside Decatur, Frank Conaway, owner of the tavern Timbuktu, erected a corrugated metal wall around a patio and stone bar. He installed heaters and television screens while leaving a few inches of open air between the walls and the roof. That, he said, makes his "Butt Hut" comply with state law, a claim that ban proponents doubt.

"People can smoke out there all they want, and we'll serve them food and drink," said Conaway, who removed the wall for the summer to create a beer garden.

To the west in Alton, owners of the Alton Sports Tap built a Caribbean-themed addition to accommodate smokers. The walls and roof are separated by a small space enclosed with mesh screening—a construction that bar owners said keeps them in compliance with the state ban. But proponents who helped design the law said it clearly prohibits serving food and drink in a smoking area with a roof.

"It cost us a bundle to build it, and we think it is within the law," said owner Star Diserens. "If we didn't do it, we'd lose our core customers, who all smoke."

Across the state, tavern owners are building beer gardens next to their establishments so customers can smoke outdoors.

At Fast Eddie's Bon Air in Alton, one of the state's busiest bars, the owners spent some $800,000 to build an outdoor facility resembling an old-time ballpark. The serving bar sits beneath an overhang. In winter, massive heaters blow warm air on the patrons, many of them smokers.

"I would never credit this stupid smoking law, but it certainly has helped our business," said Ed Sholar Jr., whose family owns the bar.

But in Taylorville, a town of 12,000, some bar patrons brazenly smoke indoors.

On a recent Thursday night at the American Tap, seven of the 12 patrons sitting at the bar puffed away while sipping beers. Owner McWard acknowledged making a feeble attempt at deterrence by placing a sign outside the front door advising of the smoking ban and not putting out any ashtrays.

So regulars like David Martinez bring their own ashtrays, a makeshift cup he called a "butt basket." Others dump their ashes into empty beer cans. As they smoke, the fumes waft past a picture of smoking ban proponent Drea, who McWard said is not welcome in his establishment.

McWard has gotten several violation notices from the county and knows of at least 65 complaints filed against the tap. But until enforcement happens, McWard figures his customers can smoke at will.

"We would like to get this stopped, but we can't," said Gerry Grigsby, administrator for the Christian County Health Department. "We're stuck with a bad law, and it's a health hazard."
http://www.chicagotribune.com/news/nationworld/chi-downstate-smokingjun30,0,7085345,full.story
 

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Olney smokers speak out against Illinois law
April 5, 2008
OLNEY, Ill. (WTHI) - A group of Olney smokers fed up with the Illinois state smoking ban protested by holding a parade down Main Street Saturday morning. Then the group of more than 70 people gathered on the steps of the Richland County courthouse for an anti-smoking ban rally.
"We'd have to be standing out in the street to be legal smoking here.  We can't smoke on the sidewalk on Main Street in our own town," said Reverend Gary Wachtel, one of the protest's organizers. 
Wachtel is referring to the statute's 15-feet-rule that keeps smokers 15 feet away from business entrances.  He also told News 10 that the ban creates a new class of criminal where once there was none. 
"People that smoked in a public building in December of last year were God-fearing, honest, taxpaying, law-abiding citizens.  Now if they do the same thing they did in December, they're suddenly criminals guilty of a misdemeanor," Wachtel said.  
The smokers that gathered Saturday are calling for businesses and private clubs to have freedom of choice.
Republican David Reis, who represents Olney in the 108th district of the Illinois legislature, also attended the parade and rally.  Reis told News 10 he is a non-smoker who opposes the ban but admits his constituency is split in half on the issue. 
"I come down on the side of personal freedoms.  And I don't believe it's the right of the goverment to come in and tell a small bar or a bowling alley or a VFW that they can't smoke."  Reis told News 10. 
Non-smokers in Olney want to know why they shouldn't be allowed to breathe clean air. 
"Who's out for my rights?  I want to be able to go somewhere and go out and have a nice evening without having to pay for your habit.  It's your habit; take it outside," said resident Sheila Trout.
Illinois became smoke free at the beginning of this year.  Smoking is prohibited in any indoor public places or places of employment and that includes private clubs.  Smokers must also stand 15 feet from their entrances. 
Representative Reis told the crowd gathered at the rally that no exceptions to the law have been passed by the Illinois state legislature.  He says none of them ever made it out of committee. 
http://www.wthitv.com/Global/story.asp?S=8124200&nav=menu593_2

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The Rev. Gary Wachtel leading a smoking ban protest parade in Olney
By MIKE FRAZIER - H&R Staff Writer  April 4, 2008
OLNEY - It's not exactly a hellfire and brimstone sermon, but the Rev. Gary Wachtel is kicking up some smoke in Olney.
Wachtel is organizing a smoking ban protest parade at 10 a.m. Saturday.
Wachtel invites smoking advocates to join the parade route, which will run from the 600 block of East Main Street west to the Richland County Courthouse.
Parade advocates hope to encourage state lawmakers to repeal Illinois' three-month-old smoking ban.
The Smoke-Free Illinois Act outlaws smoking in public places and within 15 feet of their exterior doors and windows. People and establishments who violate the law can be fined up to $250.
"We will be smoking during the parade," Wachtel said.
To be legal, a smoker is forced to walk in the street on Main Street, Wachtel said.
"You can't be on the sidewalk because you're within 15 feet of the business's doors," Wachtel said.
Wachtel said he has received "pretty good support" from residents of Southern Illinois.
One smoking advocate will travel about 240 miles from Kentucky to be part of the parade, Wachtel said.
Wachtel said he doesn't oppose private business owners setting their own no-smoking policies.
"But I have a big problem being told by the state government that veterans can't smoke in the American Legion or the VFW after they come back from Iraq or Afghanistan," said Wachtel, an Army veteran.
Wachtel does not pastor a church, but he serves as chaplain for the local American Legion.
Wachtel said he secured a city permit for the parade, and police will barricade the ends of the parade route.
For more information, call Wachtel at 618-843-3559.
"We want to send our feelings to Springfield, to the state legislature, and ask for a repeal of the smoking ban," Wachtel said.
http://www.herald-review.com/articles/2008/04/04/news/local/1031500.txt

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Full of hot air? Ban on smoking ignored across state
New law criticized as confusing and vague

March 29, 2008
BY DAVID MERCER, Associated Press

CHAMPAIGN --

Almost three months after a new Illinois law made it illegal to light up in public places, the smoke still hasn't cleared.

Bar and restaurant owners say they don't know how far they must go to stop customers from smoking. Police and some local health officials say they're not sure how to enforce the ban.

And prosecutors in some Illinois counties say they won't take up smoking-ban cases until what they call loose ends in the law are tied up.

"Many, many of the state's attorneys I've discussed this with agree that there are significant problems with the language in the statute," said St. Clair County State's Attorney Robert Haida, who has told police that he won't prosecute violators until the problems are fixed.

The Smoke-Free Illinois Act outlaws smoking in public places and within 15 feet of their exterior doors and windows. People and establishments that violate the law can be fined up to $250.

But that's as clear as it gets.

Bar and restaurant owners say the law does not spell out how they're supposed to enforce the ban.

"All we can do is say there is no smoking allowed," said Mary Woodward, owner of Woody's bar in Joliet, where police cited some smokers earlier this month. "I guess the people who were here that day chose not to go outside. I didn't see them; what do you do?"

Some bar owners mistakenly thought they also had been cited at the same time, Will County State's Attorney's Office spokesman Charles Pelkie said. Smokers who violate the law are given citations, similar to a traffic ticket, while police are writing up longer reports on businesses and sending them to prosecutors, he said.

"They're still kind of poring over the law here locally, and there seems to be some issues in regards to how the law is written with respect to the bar owners," Pelkie said.

Peoria isn't actively enforcing the new law because the city attorney says he has too many unanswered questions about how it works.

Adding to the confusion is the fact that that state has not yet adopted rules detailing how the ban is supposed to work.

The General Assembly's Joint Committee on Administrative Rules has rejected draft rules, saying that they lacked any means for people who've been cited or fined to appeal. The committee could take up the rules again at its next meeting, April 15.

When some of the smokers cited at Woody's and the another Joliet bar, Paulie's Pub, went to court this week -- where they protested outside, complaining the law deprives them of the right to smoke -- the judge told them to come back next month.

Pelkie said the judge was concerned that the citations were being given case numbers identifying them as misdemeanors, which would have made anyone who pleaded guilty appear to have a criminal record.

Nobody knows how many people or businesses around the state have been cited for violating the law.

The Illinois Department of Health isn't tracking the number of violations, and the law, while giving the agency the responsibility to enforce the ban, doesn't require it to track how often it's enforced, department spokeswoman Melaney Arnold said.

The department is only tallying the number of complaints it has received about smoking -- more than 2,600 as of Tuesday, Arnold said.

Beyond enforcement issues, though, it's difficult to tell what the economic fallout has been.

Some casinos contend it has taken a significant bite out of their business. Harrah's Metropolis Casino in Metropolis, in Southern Illinois, reported a 23 percent drop in revenue the first two months of the year, and blamed the smoking ban for 30 layoffs.

But the American Cancer Society, one of the ban's strongest backers, argues that the sluggish economy probably played a role.

"It's a bit silly to assume that a public health law is the driving factor behind a certain sector of the economy doing bad at a rough economic time," American Cancer Society spokesman Mike Grady said.

Lawmakers who opposed the ban, particularly those whose districts include casinos, say they'd like to create exemptions for service clubs, such as Veterans of Foreign Wars, or perhaps allow businesses that want to allow smoking to pay for permits to do so.

Grady says the American Cancer Society would fight any measure to water down the law, and the handful of attempts made so far have gotten nowhere.

State Sen. Mike Jacobs, one of the ban's most vocal opponents, doubts he or any of his colleagues can win exemptions anytime soon.

"I tend to look at those (proposed changes) as what I call, 'Feeding and amusing the voters,'" said the Moline Democrat, whose district includes a riverboat casino. "You can't pass an exemption bill through the legislature. There's just not the will to do that right now. Maybe next year."

http://www.bnd.com/100/story/294211.html

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We received the following flyer at the VFW in Robinson. Our Club is planing on Taking the VFW Club Van and members to participate in the parade and activities. It would be great if others of this group could attend.

SMOKING BAN PROTEST PARADE
April 5.2008 @10:00
Olney, Illinois

If you are opposed to the Illinois General Assembly taking away your freedom of choice, as to whether we may smoke indoors, please join us as we publicly make known our opposition to the Illinois ban on smoking in privately owned businesses and clubs.

Our message is to the Illinois General Assembly is that we want the law repealed as it takes away the citizens’ freedom of choice, and has proven to have a detrimental financial impact on Illinois Businesses.

We are not agreeable to the purchase of smoking licenses, or exceptions to the bill. We want the bill repealed, and the freedom of choice returned to the owners and patrons of Illinois businesses.

All who believe that the Citizens of this nation have the right to choose for themselves whether or not to allow a legal activity as smoking on privately owned property are welcome to attend. Vehicles, motorcycles and walkers are welcome.

Parade route will be: from the front of Olney Trustbank, 600 E. Main St.; West on Main St. to Richland County Court House. Talks will be given at the courthouse.

Info. Contact Rev. Gary Wachtel @ 618-843-3559
_________________
Jason Douglas - Illinois Membership Coordinator
Illinois Smokers Rights - http://www.illinoissmokersrights.com/
Owner - http://groups.yahoo.com/group/illinoissmokersalliance/
Freedom of Choice!

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March 1, 2008 Jon Hemminghaus of IL hosts a protest against the state smoking ban. Read More

State's attorney opts to ignore protest

By Tara Fasol, The Southern

Thursday, February 28, 2008 10:46 PM CST

WILLIAMSON COUNTY - A West Frankfort man could be off the hook, according to Williamson County State's Attorney Chuck Garnati, who says he's going to ignore a Saturday protest against the Smoke-Free Illinois law.

"When I first heard about this I didn't know what to think," Garnati said in a press conference Thursday. "On one hand I applaud Mr. (Jon) Hemminghaus."

Hemminghaus owns Wounded Rig, Inc. - a boat fiberglass and gel coat repair business - located on Illinois 37, south of West Frankfort. While the business has a West Frankfort postal address, it sits on the Williamson County side of the county line, putting it under the jurisdiction of Williamson County law enforcement.

In the front yard of his business, Hemminghaus has a homemade sign reading, "My Place, My Choice, Smoking Allowed." To emphasize that point Hemminghaus has planned a "Smoke-In" for Saturday.

Hemminghaus claims he received a phone call from an aggravated Garnati, who threatened him with arrest and fines if he went ahead with the event.

Garnati disputed Hemminghaus' comments, saying he never threatened him; he merely explained the law.

"I never did tell that man he was going to be taken into custody or arrested," Garnati said. "That is a ridiculous statement that is not true. I couldn't arrest him if I wanted to. If you read the act the penalties are only fines."

It's possible Hemminghaus was looking for a "big reaction," Garnati said, and he wasn't going to offer one up.

"As far as I'm concerned they can smoke all they want amongst themselves," he said. "I wish they wouldn't do it because it is terrible for their health. I care about their health, I guess, more than they do."

Garnati said he understands that the smoking laws are confusing to the public. Portions of the law were written unclearly and others with a blatant disregard for due process, he added.

The law, as it was intended, aims to protect the rights of non-smokers, Garnati said, and since Hemminghaus' event calls for smokers to gather he doesn't see that it directly diminishes the basic purpose.

"If another business wants to have a group of smokers come in and ruin their health, again the law is to protect non-smokers," he said. "I want to make it clear that I want to enforce the purpose of the law, and the purpose of the law is to protect non-smokers."

Hemminghaus said although that might be the purpose of the law, the purpose of his peaceful protest was to make an impact.

"They have come around and turned around completely the other direction," he said. "I don't really understand how they flip-flop that easy."

For now, the only police presence is an offer from Williamson County Sheriff Tom Cundiff to send deputies to the event, to help with parking and traffic, Hemminghaus said.
http://www.thesouthern.com/articles/2008/02/29/local/23555436.txt

Lawsuit challenges constitutionality of state's smoking ban
Rockford Register Star - Rockford,IL,USA
A Bureau County judge will begin untangling a case that could potentially snuff out Illinois' two-month-old ban on smoking in public places. ...

Lawmakers shoot down exemptions for statewide smoking ban
Bloomington Pantagraph - IL, USA
By Mike Riopell SPRINGFIELD — Two attempts to alter or repeal the state’s indoor smoking ban were rejected Tuesday. State Rep. Shane Cultra, R-Onarga, ...

More smoking ban amendment bills introduced
WHOI - Peoria,IL,USA
Another bill- introduced by Representative Shane Cultra- moves to repeal the smoking ban al together. Both bills will be debated by the House Environmental ...

Protesters gather to oppose state smoking ban
The Southern - Carbondale,IL,USA
By Codell Rodriguez, The Southern WEST FRANKFORT - Erik Lind drove all the way from Minneapolis to show his disdain for Illinois' statewide smoking ban. ...

Outdoor smoking shelter sales climb since start of ban
Oak Brook Business Ledger - Oak Brook,IL,USA
Illinois is now one of more than 20 states to have enacted a smoking ban. But Byam told The Business Ledger that all except one of her Chicago suburban ...

Smoking ban exemptions remain alive in Legislature
Carmi Times - IL, United States
By BRADEN WILLIS Of The Times Staff About a week after two smoking ban exemptions were declared dead in committee in the Illinois House of Representatives, ...

Gannati won't prosecute proposed protest of smoking ban
Marion Daily Republican - Marion,IL,USA
Jon Hemminghaus, owner of a boat-repair shop south of West Frankfort, received attention earlier this year for a sign protesting the smoking ban. ...

Attempt to modify smoking ban resoundly rejected
Kankakee Daily Journal - Kankakee,IL,USA
By Stephanie Sievers Efforts to exempt American Legion and Veterans of Foreign Wars posts and some private clubs from the statewide indoor smoking ban ...

Claim: Illinois anti-smoking law is flawed

Feb. 5, 2008

BELLEVILLE, Ill., Feb. 5 (UPI) -- An Illinois state's attorney has told police he will not prosecute people who violate the state's new public smoking ban, it was reported Tuesday.

St. Clair County State's Attorney Robert Haida has asked Illinois lawmakers to fine tune the law, which went into effect Jan. 1, to give prosecutors clear directions on how they should handle enforcing it, the Bellevile (Ill.) News-Democrat reported.

"It's incomplete in its present form," Haida said, "It doesn't tell you how it is to be enforced. It doesn't say if cases are to be heard in circuit court, associate circuit court, misdemeanor court. There are several technical flaws that need to be addressed."

Despite the law's alleged shortcomings, people who smoke in public buildings could still face fines of $250, while businesses that allow indoor smoking could be fined $2,500, the newspaper said.

"There is no problem, there is nothing to fix. The law is clear. It's his job to figure out how to prosecute it," said Kathy Drea, director of public policy for the American Lung Association's Illinois office.
http://www.upi.com/NewsTrack/Top_News/2008/02/05/claim_illinois_anti-smoking_law_is_flawed/4421/

Efforts to allow exemptions to smoking ban cause sparks to fly ...
Journal Gazette and Times-Courier - Charleston,IL,USA
By MIKE RIOPELL, JG/TC Springfield Bureau SPRINGFIELD — Less than two months after Illinois’ smoking ban kicked in, efforts to allow smoking in casinos and ...

Big Tobacco targets smoking ban, tax
Chicago Tribune - United States
Though some House members have been pushing for exemptions to the smoking ban since May, those bills were bottled up until Feb. 6-the day after the primary ...

Tobacco firms give $83000 to 30 Illinois politicians in bid to ...
Chicago Tribune - United States 2/13/08
SPRINGFIELD - Tobacco companies are dumping thousands of dollars on lawmakers in a revved up effort to chip away at the new statewide smoking ban and ward off efforts to nearly double Illinois' cigarette tax.

In the four weeks before the Feb. 5 primary election, two tobacco giants contributed $83,000 to 30 lawmakers. That amount sets a monthly pace that eclipses the industry's largesse in this state for at least a decade, according to a Tribune review of campaign finance records. About threequarters of that money went to House Democrats.

"We've been the whipping boy for a number of [legislative] sessions now... so we decided this year that we are going to participate in the process more heavily," said lobbyist John O'Connell, a former lawmaker who represents cigarette giant Reynolds American Inc. "We are still a legal industry. And it is a legal product."

Legislation that could get a hearing as early as Wednesday would carve out exemptions to allow indoor smoking at many bars, riverboat casinos, strip clubs and American Legion halls. Though some House members have been pushing for exemptions to the smoking ban since May, those bills were bottled up until Feb. 6-the day after the primary election-when the powerful-but-obscure House Rules Committee freed up the proposals for consideration.

Rep. Randy Ramey Jr. (RCarol Stream) said he didn't think his bill, which would lift the smoking ban for thousands of private clubs and businesses, "would see the light of day" considering the anti-smoking fervor that has gripped the Statehouse.

Ramey said it is possible the bill's fate was helped by campaign contributions Reynolds American made to three committee members just a week before the vote.

The biggest recipient was Rep. Art Turner (D- Chicago), who received $14,000 on Jan. 26 and later voted to advance the smoking exemption bills along with dozens of others in a single motion.

Turner, who survived a serious challenge in last week's primary, said the campaign cash did not influence his vote on the smoking ban exemptions. So far this year, Turner has received more tobacco money than any other lawmaker, campaign records show.

"No one who has known me over my 28-year period in the House can accuse me of taking money and voting for an issue because of the size of their contribution," said Turner, who voted against the smoking ban last year. "I think I have allowed access to pretty much everybody."

Turner said he and the other two Democrats who attended last week's committee meeting merely advanced a large number of bills that had already been vetted by House Speaker Michael Madigan (D-Chicago), who received $10,000 in January from Altria, another tobacco giant.

Madigan spokesman Steve Brown said the speaker allows bills to advance even when he opposes them so that House members have a chance to publicly debate their merits. Brown said Madigan, who supported the smoking ban, has not taken a position on creating exemptions to it. Brown brushed aside inquiries about the $10,000 from Altria, saying he's "not aware of anybody raising the question."

Most lawmakers agree it will be an uphill fight to modify the smoking ban so soon after it was enacted with strong bipartisan support, but Turner said some members now will feel more "comfortable" debating smoking exemptions.

'Some of the members were afraid to vote on these issues prior to the election," he said.

But Rep. Bill Black (R-Dan ville), who first sought a smoking ban exemption for private clubs in May, doesn't believe any of the smokerfriendly bills will pass.

"I think the lung society will lobby very heavily, and it is a popular issue today, controversial but very popular," Black said. "Most people favor the concept of a smoking ban."

House Majority Leader Barbara Flynn Currie (DChicago), who voted to advance the smoking bills at last week's committee meeting, agreed that the timing isn't right for making changes. Currie noted the Environmental Health Committee now will consider the bills and that last year it rejected exemptions to the ban.

Tobacco lobbyists said they believe the real fight this year may involve a proposed increase in the cigarette tax.

The Senate approved a 90- cent hike in August that would nearly double the state tax to $1.88 per pack, but the measure stalled in the House. In July, Gov. Rod Blagojevich endorsed a major cigarette tax hike to provide more money for education or health care.

Sen. John Cullerton (DChicago) said he intends to keep pushing the cigarette tax, even though lawmakers remain divided on how best to use the money. A 90-cent increase would generate about $350 million a year, proponents say.

"The big question is where's the money going to go," Cullerton said. "Some of the votes I got were from Republicans who would not be happy if the money would go to . . . Gov. Blagojevich's expansion of health care."