HB0672ham001 94TH GENERAL ASSEMBLY

Environmental Health Committee

Adopted in House Comm. on Feb 09, 2005

09400HB0672ham001 LRB094 05843 RXD 40890 a

AMENDMENT TO HOUSE BILL 672

AMENDMENT NO. ______. Amend House Bill 672 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Clean Indoor Air Act is amended by changing Sections 2 and 11 as follows:

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

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

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

(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 or any municipality 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.)".