093_SB0612sam001

 










                                     LRB093 10931 WGH 12452 a

 1                    AMENDMENT TO SENATE BILL 612

 2        AMENDMENT NO.     .  Amend Senate Bill 612 on page 1,  by
 3    replacing lines 8 through 22 with the following:
 4        "Sec. 11. Home rule.
 5        (a)  Except as provided in subsection (b), a home rule or
 6    non-home  rule  unit  of  local  government in this State may
 7    shall not have the power and authority, after  the  effective
 8    date  of  this Act, to regulate smoking in public places, but
 9    that regulation must be no less restrictive  than  this  Act.
10    This  subsection  (a)  is  a  limitation  on  the  concurrent
11    exercise of home rule power under subsection (i) of Section 6
12    of Article VII of the Illinois Constitution.
13        (b)  Pursuant to Article VII, Section 6, paragraph (h) of
14    the  Illinois  Constitution of 1970, it is declared to be the
15    law of this State that the regulation of smoking as  provided
16    by  this  Act is a power which pre-empts home rule units from
17    exercising such power subject to the limitations provided  in
18    the  Act, provided that Any home rule unit that has passed an
19    ordinance concerning  the  regulation  of  smoking  prior  to
20    October 1, 1989 is exempt from the requirements of subsection
21    (a). pre-emption.".