Public Act 0517 94TH GENERAL ASSEMBLY
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Public Act 094-0517
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| HB0672 Enrolled |
LRB094 05843 RXD 35897 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Clean Indoor Air Act is amended by |
changing
Sections 2 and 11 as follows:
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(410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)
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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.
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(Source: P.A. 86-1018.)
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(410 ILCS 80/11)
(from Ch. 111 1/2, par. 8211)
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Sec. 11. Home rule.
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(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.
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(b)
Pursuant to
Article VII, Section 6, paragraph (h) of |
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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).
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pre-emption.
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(Source: P.A. 86-1018.)
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