Illinois General Assembly - Full Text of HB0672
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Full Text of HB0672  94th General Assembly


Environmental Health Committee

Adopted in House Comm. on Feb 09, 2005





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2     AMENDMENT NO. ______. Amend House Bill 672 by replacing
3 everything after the enacting clause with the following:
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



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1 non-home rule unit of local government or any municipality in
2 this State may shall not have the power and authority, after
3 the effective date of this Act, to regulate smoking in public
4 places, but that regulation must be no less restrictive than
5 this Act. This subsection (a) is a limitation on the concurrent
6 exercise of home rule power under subsection (i) of Section 6
7 of Article VII of the Illinois Constitution.
8     (b) Pursuant to Article VII, Section 6, paragraph (h) of
9 the Illinois Constitution of 1970, it is declared to be the law
10 of this State that the regulation of smoking as provided by
11 this Act is a power which pre-empts home rule units from
12 exercising such power subject to the limitations provided in
13 the Act, provided that Any home rule unit that has passed an
14 ordinance concerning the regulation of smoking prior to October
15 1, 1989 is exempt from the requirements of subsection (a).
16 pre-emption.
17 (Source: P.A. 86-1018.)".