101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5821

 

Introduced 11/10/2020, by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/1-1-10  from Ch. 24, par. 1-1-10

    Amends the Illinois Municipal Code. Provides that, except for the powers to tax, impose fees, and to incur debt, non-home rule municipalities shall exercise all of the powers provided to home rule units under Section 6 of Article VII of the Illinois Constitution, subject to the limitations set forth in that Section. Effective immediately.


LRB101 21976 AWJ 72986 b

 

 

A BILL FOR

 

HB5821LRB101 21976 AWJ 72986 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
5changing Section 1-1-10 as follows:
 
6    (65 ILCS 5/1-1-10)  (from Ch. 24, par. 1-1-10)
7    Sec. 1-1-10. It is the policy of this State that all powers
8granted, either expressly or by necessary implication, by this
9Code, by Illinois statute, or by the Illinois Constitution to
10municipalities may be exercised by those municipalities, and
11the officers, employees, and agents of each, notwithstanding
12effects on competition.
13    Notwithstanding any provision of law to the contrary,
14except for the powers to tax, impose fees, and to incur debt,
15non-home rule municipalities shall exercise all of the powers
16provided to home rule units under Section 6 of Article VII of
17the Illinois Constitution, subject to the limitations set forth
18in that Section.
19    It is further the policy of this State that home-rule
20municipalities and , the officers, employees, and agents of each
21may (1) exercise any power and perform any function pertaining
22to their government and affairs or (2) exercise those powers
23within traditional areas of municipal activity, except as

 

 

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1limited by the Illinois Constitution or a proper limiting
2statute, notwithstanding effects on competition.
3    It is the intention of the General Assembly that the "State
4action exemption" to the application of federal antitrust
5statutes be fully available to all municipalities, and the
6agents, officers, and employees of each to the extent they are
7exercising authority as aforesaid, including, but not limited
8to, the provisions of Sections 6, 7, and 10 of Article VII of
9the Illinois Constitution or the provisions of the following
10Illinois statutes, as each is now in existence or may
11hereinafter be amended:
12    (a) The Illinois Local Library Act; Article 27 of the
13Property Tax Code "An Act to provide the manner of levying or
14imposing taxes for the provision of special services to areas
15within the boundaries of home rule units and non-home rule
16municipalities and counties", approved September 21, 1973, as
17amended; the Housing Development and Construction Act "An Act
18to facilitate the development and construction of housing, to
19provide governmental assistance therefor, and to repeal an Act
20herein named", approved July 2, 1947, as amended; or the
21Housing Authorities Act, the Housing Cooperation Law, the
22Blighted Areas Redevelopment Act of 1947, the Blighted Vacant
23Areas Development Act of 1949, the Urban Community Conservation
24Act, the Illinois Enterprise Zone Act, or any other power
25exercised pursuant to the Intergovernmental Cooperation Act;
26or

 

 

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1    (b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the
2Illinois Municipal Code; Divisions 9, 10, and 11 of Article 8
3of the Illinois Municipal Code; Divisions 1, 2, 3, 4, and 5 of
4Article 9 of the Illinois Municipal Code; and all of Divisions
5of Articles 10 and 11 of the Illinois Municipal Code; or
6    (c) Any other Illinois statute or constitutional provision
7now existing or which may be enacted in the future, by which
8any municipality may exercise authority.
9    The "State action exemption" for which provision is made by
10this Section shall be liberally construed in favor of such
11municipalities and the agents, employees, and officers
12thereof, and such exemption shall be available notwithstanding
13that the action of the municipality or its agents, officers, or
14employees constitutes an irregular exercise of constitutional
15or statutory powers. However, this exemption shall not apply
16where the action alleged to be in violation of antitrust law
17exceeds either (1) powers granted, either expressly or by
18necessary implication, by Illinois statute or the Illinois
19Constitution or (2) powers granted to a home rule municipality
20to perform any function pertaining to its government and
21affairs or to act within traditional areas of municipal
22activity, except as limited by the Illinois Constitution or a
23proper limiting statute.
24    Notwithstanding the foregoing, where it is alleged that a
25violation of the antitrust laws has occurred, the relief
26available to the plaintiffs shall be limited to an injunction

 

 

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1which enjoins the alleged activity.
2    Nothing in this Section is intended to prohibit or limit
3any cause of action other than under an antitrust theory.
4(Source: P.A. 84-1050; revised 8-7-19.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.