HB3996ham001 93RD GENERAL ASSEMBLY

Health Care Availability and Access Committee

Adopted in House Comm. on Feb 19, 2004

09300HB3996ham001 LRB093 16102 EFG 46863 a

AMENDMENT TO HOUSE BILL 3996

AMENDMENT NO. ______. Amend House Bill 3996 by replacing everything after the enacting clause with the following:

"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.)".