093_HB3509ham001
LRB093 05003 WGH 12451 a
1 AMENDMENT TO HOUSE BILL 3509
2 AMENDMENT NO. . Amend House Bill 3509 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Clean Indoor Air Act is amended
5 by 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
10 shall not have the power and authority, after the effective
11 date of this Act, to regulate smoking in public places, but
12 that regulation must be no less restrictive than this Act.
13 This subsection (a) is a limitation on the concurrent
14 exercise of home rule power under subsection (i) of Section 6
15 of Article 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
18 law of this State that the regulation of smoking as provided
19 by 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
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1 October 1, 1989 is exempt from the requirements of subsection
2 (a).pre-emption.
3 (Source: P.A. 86-1018.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".