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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4736
Introduced 02/04/04, by Julie Hamos SYNOPSIS AS INTRODUCED:
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410 ILCS 80/11 |
from Ch. 111 1/2, par. 8211 |
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Amends the Illinois Clean Indoor Air Act. Provides that units of local
government may regulate smoking in public places; provides that this
regulation must be no less restrictive than the Act.
Changes the home rule limitation from an absolute preemption (with an exception for units having pre-existing
ordinances) to a limitation on the concurrent exercise of home rule power. Effective immediately.
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A BILL FOR
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HB4736 |
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LRB093 16895 RXD 42552 b |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Clean Indoor Air Act is amended by |
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| changing Section
11 as follows:
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| (410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
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| Sec. 11. A home rule or non-home rule unit of local |
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| government in this State
may
shall not have the power and |
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| authority, after the effective date
of this Act, to regulate |
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| smoking in public places, but that regulation
must be no less |
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| restrictive than this Act. This Section
is a limitation on the |
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| concurrent exercise of home rule power under subsection
(i) of |
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| Section 6 of Article VII of the Illinois Constitution. Pursuant |
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| to
Article VII, Section 6, paragraph (h) of the Illinois |
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| Constitution of 1970,
it is declared to be the law of this |
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| State that the regulation of smoking as
provided by this Act is |
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| a power which pre-empts home rule units from exercising
such |
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| power subject to the limitations provided in the Act, provided |
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| that any
home rule unit that has passed an ordinance concerning |
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| the regulation of
smoking prior to October 1, 1989 is exempt |
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| from pre-emption.
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| (Source: P.A. 86-1018.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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