Illinois General Assembly - Full Text of HB1918
Illinois General Assembly

Previous General Assemblies

Full Text of HB1918  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Andrew S. Chesney


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.

LRB102 11359 AWJ 16692 b





HB1918LRB102 11359 AWJ 16692 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
18forth in that Section.
19    It is further the policy of this State that home-rule
20municipalities and , the officers, employees, and agents of
21each may (1) exercise any power and perform any function
22pertaining to their government and affairs or (2) exercise
23those powers within traditional areas of municipal activity,



HB1918- 2 -LRB102 11359 AWJ 16692 b

1except as limited by the Illinois Constitution or a proper
2limiting statute, notwithstanding effects on competition.
3    It is the intention of the General Assembly that the
4"State action exemption" to the application of federal
5antitrust statutes be fully available to all municipalities,
6and the agents, officers, and employees of each to the extent
7they are exercising authority as aforesaid, including, but not
8limited to, the provisions of Sections 6, 7, and 10 of Article
9VII of the Illinois Constitution or the provisions of the
10following Illinois statutes, as each is now in existence or
11may hereinafter 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
24Conservation Act, the Illinois Enterprise Zone Act, or any
25other power exercised pursuant to the Intergovernmental
26Cooperation Act; or



HB1918- 3 -LRB102 11359 AWJ 16692 b

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
10by this 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,
14or employees constitutes an irregular exercise of
15constitutional or statutory powers. However, this exemption
16shall not apply where the action alleged to be in violation of
17antitrust law exceeds either (1) powers granted, either
18expressly or by necessary implication, by Illinois statute or
19the Illinois Constitution or (2) powers granted to a home rule
20municipality to perform any function pertaining to its
21government and affairs or to act within traditional areas of
22municipal activity, except as limited by the Illinois
23Constitution or a proper 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



HB1918- 4 -LRB102 11359 AWJ 16692 b

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.