100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5003

 

Introduced , by Rep. David S. Olsen

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/1-2-1.7 new

    Amends the Illinois Municipal Code. Provides that if an ordinance that more restrictively impacts a method of doing business, more restrictively increases existing costs of doing business, limits or impairs the use of property, or imposes additional restrictions or costs to procure a permit or business license, the ordinance may not be enforced against a person unless, before its adoption, the ordinance is presented for reading at at least 2 regular meetings of the corporate authorities that are held at least 7 days apart and the affected person has actual knowledge of the proposed law or ordinance. Provides that an ordinance that imposes additional restrictions on the process of securing a permit or a business license may not take effect until 90 days after the ordinance is adopted or 60 days after the average processing time for a permit or business license in the class requested, whichever is later. In a proceeding in which compliance with the provisions is an issue, provides that the burden of proof is on the municipality to demonstrate by clear and convincing evidence that it has complied with this Section. Limits home rule powers. Effective immediately.


LRB100 17878 AWJ 33062 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5003LRB100 17878 AWJ 33062 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Section 1-2-1.7 as follows:
 
6    (65 ILCS 5/1-2-1.7 new)
7    Sec. 1-2-1.7. Business regulation.
8    (a) This Section applies to ordinances of general
9applicability that are adopted on or after the effective date
10of this amendatory Act of the 100th General Assembly.
11    (b) If an ordinance that more restrictively impacts a
12method of doing business, more restrictively increases
13existing costs of doing business, limits or impairs the use of
14property (including, but not limited to, imposing additional
15zoning, land management, environmental, parking, stormwater,
16or other requirements), or imposes additional restrictions or
17costs to procure a permit or business license, the ordinance
18may not be enforced against a person unless, before its
19adoption, the ordinance is presented for reading at at least 2
20regular meetings of the corporate authorities that are held at
21least 7 days apart and the affected person has actual knowledge
22of the proposed law or ordinance.
23    (b) An ordinance that imposes additional restrictions on

 

 

HB5003- 2 -LRB100 17878 AWJ 33062 b

1the process of securing a permit or a business license may not
2take effect until 90 days after the ordinance is adopted or 60
3days after the average processing time for a permit or business
4license in the class requested, whichever is later.
5    (c) In a proceeding in which compliance with this Section
6is an issue, the burden of proof is on the municipality to
7demonstrate by clear and convincing evidence that it has
8complied with this Section.
9    (d) A home rule municipality may not adopt ordinances in a
10manner inconsistent with this Section. This Section is a
11limitation under subsection (i) of Section 6 of Article VII of
12the Illinois Constitution on the concurrent exercise by home
13rule units of powers and functions exercised by the State.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.