093_HB3449

 
                                     LRB093 04371 MBS 04421 b

 1        AN ACT concerning public health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Clean Indoor Air Act is  amended
 5    by changing Section 11 as follows:

 6        (410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
 7        Sec.  11.   A  home  rule  or non-home rule unit of local
 8    government in this State may shall not  have  the  power  and
 9    authority,  after the effective date of this Act, to regulate
10    smoking in public places, but that regulation must be no less
11    restrictive than this Act.  This Section is a  limitation  on
12    the  concurrent  exercise of home rule power under subsection
13    (i) of Section 6 of Article VII of the Illinois Constitution.
14    Pursuant to Article VII, Section  6,  paragraph  (h)  of  the
15    Illinois  Constitution  of 1970, it is declared to be the law
16    of this State that the regulation of smoking as  provided  by
17    this  Act  is  a  power  which pre-empts home rule units from
18    exercising such power subject to the limitations provided  in
19    the  Act, provided that any home rule unit that has passed an
20    ordinance concerning  the  regulation  of  smoking  prior  to
21    October 1, 1989 is exempt from pre-emption.
22    (Source: P.A. 86-1018.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.