Health Care Availability and Access Committee
Adopted in House Comm. on Feb 19, 2004
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1 | AMENDMENT TO HOUSE BILL 3996
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2 | AMENDMENT NO. ______. Amend House Bill 3996 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Clean Indoor Air Act is amended by | ||||||
5 | changing
Section 11 as follows:
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6 | (410 ILCS 80/11)
(from Ch. 111 1/2, par. 8211)
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7 | Sec. 11. Home rule.
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8 | (a) Except as provided in subsection (b), a home rule or | ||||||
9 | non-home rule
unit
of local government in this State
may
shall | ||||||
10 | not have the power and authority, after the effective date
of | ||||||
11 | this Act, to regulate smoking in public places , but that | ||||||
12 | regulation
must be no less restrictive than this Act. This | ||||||
13 | subsection (a)
is a limitation on the concurrent exercise of | ||||||
14 | home rule power under subsection
(i) of Section 6 of Article | ||||||
15 | VII of the Illinois Constitution .
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16 | (b)
Pursuant to
Article VII, Section 6, paragraph (h) of | ||||||
17 | the Illinois Constitution of 1970,
it is declared to be the law | ||||||
18 | of this State that the regulation of smoking as
provided by | ||||||
19 | 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 October | ||||||
23 | 1, 1989 is exempt from the requirements of
subsection
(a).
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24 | pre-emption.
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1 | (Source: P.A. 86-1018.)".
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