Senate Bill 500, which bans smoking in most public places, was passed in the Illinois House by a 73-42 vote and Governor Rod Blagojevich (D) will almost surely sign it. If he does, the statute will go into effect on January 1, 2008.

“I think it is really going to hurt business,” said Rep. Patrick Verschoore (D) in an interview with the Quad Cities Times. “Government is getting too intrusive. They’re trying to control too many things.”

But another ban is in place. This particular bill contains the standard non-smoking provisions but allows smoking in retail tobacco stores, private residences, nursing homes and designated smoking rooms in hotels. But the provision – sec. 35 (2) – which allows smoking in retail tobacco shops also includes this dandy:

“Any retail tobacco store that begins operation after the effective date of this amendatory Act may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited.”

Under that definition, virtually every existing cigar store in Chicago, including famous shops such as Jack Schwartz, Iwan Ries & Co., Old Chicago and UpDown Cigars would not qualify if opened after this Act becomes law. Moreover, a new cigar store could not be opened in an outdoor, shopping center or office building, but only in a freestanding building! And cigar bars are completely prohibited under this bill as the definition of a “retail tobacco store” specifically excludes (in sec. 10) “any establishment with any type of liquor, food or restaurant license.”

In Alabama, a public-area smoking ban has passed the Senate Education Committee and will now head to the full Senate for a hearing. Slightly less restrictive than the Illinois bill, it bans smoking in bars, restaurants and work places, but allows smoking in retail tobacco stores, outdoor areas, cigar bars and some hotel rooms, along with private residences.

The Birmingham News reported that bar owners are predictably unhappy with the bill:

“Julie Walker, owner of Julie’s Mardi Gras Bar near Mobile, asked committee members to exempt bars. She said most people who go to her bar smoke, and she feared many wouldn’t come back if smoking is banned there.

“If you pass this bill, I close,’ Walker said. ‘If you do this, I lose everything.”

The bill passed through the committee by a 7-0 vote.