093_HB3509ham001

 










                                     LRB093 05003 WGH 12451 a

 1                    AMENDMENT TO HOUSE BILL 3509

 2        AMENDMENT NO.     .  Amend House Bill 3509  by  replacing
 3    everything after the enacting clause with the following:

 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. Home rule.
 8        (a)  Except as provided in subsection (b), a home rule or
 9    non-home  rule  unit  of  local  government in this State may
10    shall not have the power and authority, after  the  effective
11    date  of  this Act, to regulate smoking in public places, but
12    that regulation must be no less restrictive  than  this  Act.
13    This  subsection  (a)  is  a  limitation  on  the  concurrent
14    exercise of home rule power under subsection (i) of Section 6
15    of Article VII of the Illinois Constitution.
16        (b)  Pursuant to Article VII, Section 6, paragraph (h) of
17    the  Illinois  Constitution of 1970, it is declared to be the
18    law of this State that the regulation of smoking as  provided
19    by  this  Act is a power which pre-empts home rule units from
20    exercising such power subject to the limitations provided  in
21    the  Act, provided that Any home rule unit that has passed an
22    ordinance concerning  the  regulation  of  smoking  prior  to
 
                            -2-      LRB093 05003 WGH 12451 a
 1    October 1, 1989 is exempt from the requirements of subsection
 2    (a). pre-emption.
 3    (Source: P.A. 86-1018.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.".