Public Act 0917 94TH GENERAL ASSEMBLY

SB2400 Enrolled LRB094 18680 RCE 54040 b

Public Act 094-0917

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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 and other local regulation.

(a) Except as provided in subsection (b), any a home rule unit of local government, or any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county in this State may 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) 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).

(c) In addition to any regulation authorized under subsection (a) or (b) or authorized under home rule powers, any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a "public place" under this Act.

(Source: P.A. 94-517, eff. 1-1-06.)

Section 99. Effective date. This Act takes effect upon becoming law.