Health Care Availability and Access Committee

Adopted in House Comm. on Feb 19, 2004

 

 


 

 


 
09300HB3996ham001 LRB093 16102 EFG 46863 a

1
AMENDMENT TO HOUSE BILL 3996

2     AMENDMENT NO. ______. Amend House Bill 3996 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 Section 11 as follows:
 
6     (410 ILCS 80/11)   (from Ch. 111 1/2, par. 8211)
7     Sec. 11. Home rule.
8     (a) Except as provided in subsection (b), a home rule or
9 non-home rule unit of local government in this State may shall
10 not have the power and authority, after the effective date of
11 this Act, to regulate smoking in public places, but that
12 regulation must be no less restrictive than this Act. This
13 subsection (a) is a limitation on the concurrent exercise of
14 home rule power under subsection (i) of Section 6 of Article
15 VII of the Illinois Constitution.
16     (b) Pursuant to Article VII, Section 6, paragraph (h) of
17 the Illinois Constitution of 1970, it is declared to be the law
18 of this State that the regulation of smoking as provided by
19 this Act is a power which pre-empts home rule units from
20 exercising such power subject to the limitations provided in
21 the Act, provided that Any home rule unit that has passed an
22 ordinance concerning the regulation of smoking prior to October
23 1, 1989 is exempt from the requirements of subsection (a).
24 pre-emption.

 

 

09300HB3996ham001 - 2 - LRB093 16102 EFG 46863 a

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