BLOOMINGTON - A new state law is needed to strengthen the statewide smoking ban, which is being applied inconsistently because enforcement rules were never approved, public health officials said.

"I believe the law has created a new culture in Illinois," said Greg Chance, legislative chairman of the Illinois Association of Public Health Administrators. "That's the positive aspect. The dilemma has been that there has not been a uniform approach statewide as far as enforcement."

Even an opponent of Smoke Free Illinois, which took effect Jan. 1, believes that a provision in Senate Bill 2707 would ease confusion over enforcing the ban on smoking in public places.

"We just want it (the law) to be uniform across the board," said Daniel Clausner, executive director of the Illinois Licensed Beverage Association, which represents taverns, restaurants and packaged liquor stores.

The Senate bill says people who violate the law would be guilty of a civil - not criminal - offense and sets an appeals process for anyone who wouldn't want to pay the fine, said Bob Keller, McLean County Health Department director.

Proponents hope the bill will be called for a vote by Friday, when the fall legislative session ends.

"I think this legislation will clear up a lot of confusion and help with enforcement of the act," said MaLinda Hillman, administrator of the Livingston County Public Health Department.

But State Sen. Bill Brady, R-Bloomington, who understands the goal of improving enforcement of the law, said he wants to make sure the bill is balanced before he makes up his mind.

State Rep. Dan Brady, R-Bloomington, doesn't believe action will be taken on the bill this week. While Dan Brady agrees with the enforcement provision, he voted against the bill in the House because of another provision that exempts research facilities, universities and labs that conduct smoking research.

"We would be creating loopholes already to a ban that we just put into effect," Dan Brady argued. He said the bill could be resurrected in the spring and he hopes the university/lab exemption is removed.

The statewide smoking ban prohibits smoking in enclosed areas of any public place or place of employment and within 15 feet of any entrance, exit or window that opens.

In Logan County, health department director Mark Hilliard has said he doesn't have resources to enforce the ban. A Lincoln alderman said she received a letter that two businesses allow smoking and one had put out ashtrays.

The ban was not as big a deal in Bloomington, Normal and unincorporated areas of McLean County compared with some other parts of the state because the cities and county already were smoke-free by local ordinances, Keller said.

Terry Stralow, co-owner of Pub II in Normal, said his business dipped during the first three months of the Normal smoking ban, then revived after he put in a beer garden where smoking is allowed.

Anyone who believes the law is being violated may register a complaint with the state, which refers it to the local health department.

In McLean County, 76 complaints have been filed, most within the first three months of the year. The health department follows up with a letter to the business, and 95 percent of them make the changes immediately, Keller said.

Livingston County has received about a dozen complaints and followed up with educational material to the property owner but hasn't fined anyone, Hillman said.