State of Illinois
91st General Assembly

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 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.

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