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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1612 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
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| 55 ILCS 5/5-12022 new | | 65 ILCS 5/11-13-28 new | |
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Amends the Counties Code and the Illinois Municipal Code. Provides that county or municipality may not prohibit a private homeowner from gardening on his or her property. Limits home rule powers. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB1612 | | LRB101 07236 AWJ 52274 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by adding Section |
| 5 | | 5-12022 as follows:
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| 6 | | (55 ILCS 5/5-12022 new) |
| 7 | | Sec. 5-12022. Gardening. A county may not prohibit a |
| 8 | | private homeowner from gardening on his or her property. |
| 9 | | A home rule county may not regulate gardening in a manner |
| 10 | | inconsistent with this Section. This Section is a limitation |
| 11 | | under subsection (i) of Section 6 of Article VII of the |
| 12 | | Illinois Constitution on the concurrent exercise by home rule |
| 13 | | units of powers and functions exercised by the State.
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| 14 | | Section 10. The Illinois Municipal Code is amended by |
| 15 | | adding Section 11-13-28 as follows:
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| 16 | | (65 ILCS 5/11-13-28 new) |
| 17 | | Sec. 11-13-28. Gardening. A municipality may not prohibit a |
| 18 | | private homeowner from gardening on his or her property. |
| 19 | | A home rule municipality may not regulate gardening in a |
| 20 | | manner inconsistent with this Section. This Section is a |
| 21 | | limitation under subsection (i) of Section 6 of Article VII of |