HB0672 Enrolled

LRB094 05843 RXD 35897 b






1
    AN ACT concerning 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 by 
5
changing
Sections 2 and 11 as follows:


 



6
    (410 ILCS 80/2)  (from Ch. 111 1/2, par. 8202)


7
    Sec. 2. The General Assembly finds that tobacco smoke is 
8
annoying,
harmful and dangerous to human beings and a hazard to 
9
public health. Secondhand tobacco smoke causes at least 65,000 
10
deaths each year from heart disease and lung cancer according 
11
to the National Cancer Institute.  Secondhand tobacco smoke 
12
causes sudden infant death syndrome, low-birth-weight in 
13
infants, asthma and exacerbation of asthma, bronchitis and 
14
pneumonia in children and adults.  Secondhand tobacco smoke is 
15
the third leading cause of preventable death in the United 
16
States. Illinois workers exposed to secondhand tobacco smoke 
17
are at increased risk of premature death.  An estimated 1,570 
18
Illinois citizens die each year from exposure to secondhand 
19
tobacco smoke.


20
(Source: P.A. 86-1018.)


 



21
    (410 ILCS 80/11)
  (from Ch. 111 1/2, par. 8211)



22
    Sec. 11. Home rule.

23
    (a) Except as provided in subsection (b), a home rule or 
24
non-home rule
unit
of local government or any municipality in 
25
this State
may
shall not have the power and authority, after 
26
the effective date
of this Act, to regulate smoking in public 
27
places, but that regulation
must be no less restrictive than 
28
this Act.  This subsection (a)
is a limitation on the concurrent 
29
exercise of home rule power under subsection
(i) of Section 6 
30
of Article VII of the Illinois Constitution.

31
    (b)
Pursuant to
Article VII, Section 6, paragraph (h) of 
 


 






HB0672 Enrolled
- 2 -
LRB094 05843 RXD 35897 b




1
the Illinois Constitution of 1970,
it is declared to be the law 
2
of this State that the regulation of smoking as
provided by 
3
this Act is a power which pre-empts home rule units from 
4
exercising
such power subject to the limitations provided in 
5
the Act, provided that Any
home rule unit that has passed an 
6
ordinance concerning the regulation of
smoking prior to October 
7
1, 1989 is exempt from the requirements of
subsection
(a).

8
pre-emption.

9
(Source: P.A. 86-1018.)