Illinois General Assembly - Full Text of Public Act 094-0517
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Public Act 094-0517




Public Act 094-0517
HB0672 Enrolled LRB094 05843 RXD 35897 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Clean Indoor Air Act is amended by
changing Sections 2 and 11 as follows:
    (410 ILCS 80/2)  (from Ch. 111 1/2, par. 8202)
    Sec. 2. The General Assembly finds that tobacco smoke is
annoying, harmful and dangerous to human beings and a hazard to
public health. Secondhand tobacco smoke causes at least 65,000
deaths each year from heart disease and lung cancer according
to the National Cancer Institute. Secondhand tobacco smoke
causes sudden infant death syndrome, low-birth-weight in
infants, asthma and exacerbation of asthma, bronchitis and
pneumonia in children and adults. Secondhand tobacco smoke is
the third leading cause of preventable death in the United
States. Illinois workers exposed to secondhand tobacco smoke
are at increased risk of premature death. An estimated 1,570
Illinois citizens die each year from exposure to secondhand
tobacco smoke.
(Source: P.A. 86-1018.)
    (410 ILCS 80/11)   (from Ch. 111 1/2, par. 8211)
    Sec. 11. Home rule.
    (a) Except as provided in subsection (b), a home rule or
non-home rule unit of local government or any municipality in
this State may shall not have the power and authority, after
the effective date of this Act, to regulate smoking in public
places, but that regulation must be no less restrictive than
this Act. This subsection (a) is a limitation on the concurrent
exercise of home rule power under subsection (i) of Section 6
of Article VII of the Illinois Constitution.
    (b) Pursuant to Article VII, Section 6, paragraph (h) of
the Illinois Constitution of 1970, it is declared to be the law
of this State that the regulation of smoking as provided by
this Act is a power which pre-empts home rule units from
exercising such power subject to the limitations provided in
the Act, provided that Any home rule unit that has passed an
ordinance concerning the regulation of smoking prior to October
1, 1989 is exempt from the requirements of subsection (a).
(Source: P.A. 86-1018.)

Effective Date: 1/1/2006