Sen. Kirk W. Dillard
Filed: 5/11/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 672




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    AMENDMENT NO. ______. Amend House Bill 672 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
Sections 2 and 11 as follows:


 



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    (410 ILCS 80/2)  (from Ch. 111 1/2, par. 8202)


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    Sec. 2. The General Assembly finds that tobacco smoke is 
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annoying,
harmful and dangerous to human beings and a hazard to 
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public health. Secondhand tobacco smoke causes at least 65,000 
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deaths each year from heart disease and lung cancer according 
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to the National Cancer Institute.  Secondhand tobacco smoke 
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causes sudden infant death syndrome, low-birth-weight in 
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infants, asthma and exacerbation of asthma, bronchitis and 
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pneumonia in children and adults.  Secondhand tobacco smoke is 
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the third leading cause of preventable death in the United 
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States. Illinois workers exposed to secondhand tobacco smoke 
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are at increased risk of premature death.  An estimated 1,570 
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Illinois citizens die each year from exposure to secondhand 
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tobacco smoke.


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


 



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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 that are not licensed by the Illinois Liquor Control 
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Commission to sell or serve alcoholic beverages on-premise, but 
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that 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.All public places licensed by 
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the Illinois Liquor Control Commission to sell or serve 
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alcoholic beverages on-premise must use a uniform sticker 
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system proscribed by the Commission on all public entrances to 
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notify the public of the smoking policy in that place of 
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business.  Such sticker system shall designate a business as 
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allowing smoking anywhere in the business, or allowing limited 
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smoking in the business, or to signify that smoking is not 
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allowed anywhere in the business.


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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.)".