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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3766 Introduced 2/22/2021, by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
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Amends the Illinois Municipal Code. Provides that the city council of a municipality may not adopt an ordinance or resolution selling the right to use or profit from a municipal asset, including, but not limited to, water resources, without first conducting a public hearing followed by a referendum approving the sale at the election next following the public hearing.
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| | | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | HB3766 | | LRB102 10949 AWJ 16281 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 Illinois Municipal Code is amended by |
| 5 | | adding Section 11-76-7 as follows:
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| 6 | | (65 ILCS 5/11-76-7 new) |
| 7 | | Sec. 11-76-7. Sale of rights to municipal assets. |
| 8 | | (a) Notwithstanding any other provision of law, the city |
| 9 | | council of a municipality may not adopt an ordinance or |
| 10 | | resolution selling the right to use or profit from municipal |
| 11 | | assets, including, but not limited to, water resources, |
| 12 | | without first conducting a public hearing followed by a |
| 13 | | referendum of the electors at the election next following the |
| 14 | | public hearing. If the electors approve by referendum the sale |
| 15 | | of the right to use or profit from the municipal asset, the |
| 16 | | city council may adopt an ordinance or resolution selling the |
| 17 | | right to use or profit from the municipal asset or assets |
| 18 | | according to the provisions of the referendum. |
| 19 | | (b) A home rule municipality may not regulate the sale of |
| 20 | | the right to use or profit from a municipal asset in a manner |
| 21 | | inconsistent with this Section. This Section is a limitation |
| 22 | | under subsection (i) of Section 6 of Article VII of the |
| 23 | | Illinois Constitution on the concurrent exercise by home rule |