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90_HB2797
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 Act. Changes the home rule limitation
from an absolute preemption under subsection (h) of Article
VII, Section 6 (with an exception for units having
pre-existing ordinances) to a limitation on the concurrent
exercise of home rule power under subsection (i). Effective
immediately.
LRB9009518EGfg
LRB9009518EGfg
1 AN ACT to amend the Illinois Clean Indoor Air Act by
2 changing Section 11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Clean Indoor Air Act is amended
6 by changing Section 11 as follows:
7 (410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
8 Sec. 11. A home rule or non-home rule unit of local
9 government in this State may shall not have the power and
10 authority, after the effective date of this Act, to regulate
11 smoking in public places, but that regulation must be no less
12 restrictive than this Act. This Section is a limitation on
13 the concurrent exercise of home rule power under subsection
14 (i) of Section 6 of Article VII of the Illinois Constitution.
15 Pursuant to Article VII, Section 6, paragraph (h) of the
16 Illinois Constitution of 1970, it is declared to be the law
17 of this State that the regulation of smoking as provided by
18 this Act is a power which pre-empts home rule units from
19 exercising such power subject to the limitations provided in
20 the Act, provided that any home rule unit that has passed an
21 ordinance concerning the regulation of smoking prior to
22 October 1, 1989 is exempt from pre-emption.
23 (Source: P.A. 86-1018.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.