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Health Care Availability and Access Committee
Adopted in House Comm. on Feb 19, 2004
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09300HB3996ham001 |
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LRB093 16102 EFG 46863 a |
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| AMENDMENT TO HOUSE BILL 3996
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| AMENDMENT NO. ______. Amend House Bill 3996 by replacing |
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| everything after the enacting clause with the following:
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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 in this State
may
shall |
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| not have the power and authority, after the effective date
of |
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| this Act, to regulate smoking in public places, but that |
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| regulation
must be no less restrictive than this Act. This |
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| subsection (a)
is a limitation on the concurrent exercise of |
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| home rule power under subsection
(i) of Section 6 of Article |
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| 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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