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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0254
Introduced 2/3/2005, by Sen. John J. Cullerton - Christine Radogno - Debbie DeFrancesco Halvorson - Martin A. Sandoval - Louis S. Viverito, et al. 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 a home rule unit of local government or any municipality in this State may regulate smoking in public places. Provides that this regulation must be no less restrictive than the regulation in the Act. Changes the home rule limitation from an absolute preemption to a limitation on the concurrent exercise of home rule power. Maintains the exemption from home rule requirements for home rule units that passed ordinances regulating smoking before October 1, 1989. Limits the concurrent exercise of home rule powers.
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0254 |
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LRB094 06070 RXD 36131 b |
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| AN ACT concerning 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. Home rule.
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| (a) Except as provided in subsection (b), a home rule or |
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| non-home rule
unit
of local government or any municipality in |
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| this State
may
shall not have the power and authority, after |
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| the effective date
of this Act, to regulate smoking in public |
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| places, but that regulation
must be no less restrictive than |
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| this Act. This subsection (a)
is a limitation on the concurrent |
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| exercise of home rule power under subsection
(i) of Section 6 |
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| of Article VII of the Illinois Constitution.
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| (b)
Pursuant to
Article VII, Section 6, paragraph (h) of |
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| the Illinois Constitution of 1970,
it is declared to be the law |
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| of this State that the regulation of smoking as
provided by |
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| this Act is a power which pre-empts home rule units from |
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| exercising
such power subject to the limitations provided in |
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| the Act, provided that Any
home rule unit that has passed an |
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| ordinance concerning the regulation of
smoking prior to October |
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| 1, 1989 is exempt from the requirements of
subsection
(a).
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| pre-emption.
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| (Source: P.A. 86-1018.)
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