SB2725 93RD GENERAL ASSEMBLY

LRB093 18122 RXD 43811 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2725

Introduced 2/4/2004, by Jeffrey M. Schoenberg

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 regulation in the Act. Changes the home rule limitation from an absolute preemption to a limitation on the concurrent exercise of home rule power. Maintains the exemption from home rule requirements for home rule units that passed ordinances regulating smoking before October 1, 1989. Limits the concurrent exercise of home rule powers. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to clean air.

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. Home rule.

(a) Except as provided in subsection (b), 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 subsection (a) is a limitation on the concurrent exercise of home rule power under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

(b) 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 the requirements of subsection (a). pre-emption.

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