HB4484 93RD GENERAL ASSEMBLY

LRB093 18961 RXD 44696 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4484

Introduced 02/03/04, by Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

410 ILCS 80/11

from Ch. 111 1/2, par. 8211

Amends the Illinois Clean Indoor Air Act. Provides that units of local government may regulate smoking in public places; provides that this regulation must be no less restrictive than the Act. Changes the home rule limitation from an absolute preemption (with an exception for units having pre-existing ordinances) to a limitation on the concurrent exercise of home rule power. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public 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 Section 11 as follows:

(410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)

Sec. 11. A home rule or non-home rule unit of local government 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 Section is a limitation on the concurrent exercise of home rule power under subsection (i) of Section 6 of Article VII of the Illinois Constitution. 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 pre-emption.

(Source: P.A. 86-1018.)

Section 99. Effective date. This Act takes effect upon becoming law.