093_HB3449
LRB093 04371 MBS 04421 b
1 AN ACT concerning public health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Clean Indoor Air Act is amended
5 by changing Section 11 as follows:
6 (410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
7 Sec. 11. A home rule or non-home rule unit of local
8 government in this State mayshall not have the power and
9 authority, after the effective date of this Act, to regulate
10 smoking in public places, but that regulation must be no less
11 restrictive than this Act. This Section is a limitation on
12 the concurrent exercise of home rule power under subsection
13 (i) of Section 6 of Article VII of the Illinois Constitution.
14 Pursuant to Article VII, Section 6, paragraph (h) of the
15 Illinois Constitution of 1970, it is declared to be the law
16 of this State that the regulation of smoking as provided by
17 this Act is a power which pre-empts home rule units from
18 exercising such power subject to the limitations provided in
19 the Act, provided that any home rule unit that has passed an
20 ordinance concerning the regulation of smoking prior to
21 October 1, 1989 is exempt from pre-emption.
22 (Source: P.A. 86-1018.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.