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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2400
Introduced 1/18/2006, by Sen. John J. Cullerton 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. Allows all counties and municipalities (now, home rule counties and all municipalities), to regulate smoking in public places in a manner no less restrictive than regulation under the Act. Allows all municipalities and counties to regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a "public place" under the Act. Provides for the applicability of county ordinances. Effective immediately.
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A BILL FOR
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SB2400 |
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LRB094 18680 RCE 54040 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 and other local regulation.
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| (a) Except as provided in subsection (b), any county or |
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| municipality, by ordinance,
a home rule
unit
of local |
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| government or any municipality in this State
may 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 subsection (a)
is a limitation |
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| on the concurrent exercise of home rule power under subsection
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| (i) of Section 6 of Article VII of the Illinois Constitution. A |
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| county ordinance adopted under this subsection applies |
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| throughout the county, except that the county ordinance does |
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| not apply within the boundaries of any municipality (i) that |
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| regulates smoking as provided in this subsection by ordinance |
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| effective prior to the effective date of the county ordinance |
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| or (ii) that, by ordinance, rejects the application of the |
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| county ordinance, in which case the municipality need not, but |
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| may, adopt an ordinance that regulates smoking as provided in |
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| this subsection.
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| (b) Any
home rule unit that has passed an ordinance |
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| concerning the regulation of
smoking prior to October 1, 1989 |
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| is exempt from the requirements of
subsection
(a).
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| (c) In addition to any regulation authorized under |
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| subsection (a) or (b) or authorized under home rule powers, any |
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| county or municipality, by ordinance, may regulate smoking in |
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| any enclosed indoor area used by the public or serving as a |
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| place of work if the area does not fall within the definition |
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| of a "public place" under this Act. A county ordinance adopted |