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HB3996 Engrossed |
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LRB093 16102 RXD 41730 b |
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| AN ACT concerning public 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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