Full Text of HB5821 101st General Assembly
HB5821 101ST GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing 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 | 8 | | granted, either
expressly or by necessary implication, by this | 9 | | Code, by Illinois statute,
or by the Illinois Constitution to | 10 | | municipalities may be exercised
by those municipalities , and | 11 | | the officers, employees , and agents of each ,
notwithstanding | 12 | | effects on competition.
| 13 | | Notwithstanding any provision of law to the contrary, | 14 | | except for the powers to tax, impose fees, and to incur debt, | 15 | | non-home rule municipalities shall exercise all of the powers | 16 | | provided to home rule units under Section 6 of Article VII of | 17 | | the Illinois Constitution, subject to the limitations set forth | 18 | | in that Section. | 19 | | It is further the policy of this State that home-rule | 20 | | municipalities and , the officers, employees , and agents of each | 21 | | may
(1) exercise any power and perform any function pertaining | 22 | | to their government
and affairs or (2) exercise those powers | 23 | | within traditional areas of municipal
activity, except as |
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| 1 | | limited by the Illinois Constitution or a proper limiting
| 2 | | statute, notwithstanding effects on competition.
| 3 | | It is the intention of the General Assembly that the "State | 4 | | action exemption"
to the application of federal antitrust | 5 | | statutes be fully available to
all municipalities , and the | 6 | | agents, officers , and employees of each
to the extent they are | 7 | | exercising authority as aforesaid, including, but
not limited | 8 | | to, the provisions of Sections 6, 7 , and 10 of Article VII of
| 9 | | the Illinois Constitution or the provisions of the following | 10 | | Illinois
statutes, as each is now in existence or may | 11 | | hereinafter be amended:
| 12 | | (a) The Illinois Local Library Act; Article 27 of the | 13 | | Property Tax Code "An Act to provide the manner of
levying or | 14 | | imposing taxes for the provision of special services to areas
| 15 | | within the boundaries of home rule units and non-home rule | 16 | | municipalities
and counties", approved September 21, 1973, as | 17 | | amended ; the Housing Development and Construction Act "An Act | 18 | | to
facilitate the development and construction of housing, to | 19 | | provide
governmental assistance therefor, and to repeal an Act | 20 | | herein named", approved July
2, 1947, as amended ; or the | 21 | | Housing Authorities Act, the Housing
Cooperation Law, the | 22 | | Blighted Areas Redevelopment Act of 1947, the Blighted
Vacant | 23 | | Areas Development Act of 1949, the Urban Community Conservation | 24 | | Act,
the Illinois Enterprise Zone Act , or any other power | 25 | | exercised pursuant to
the Intergovernmental Cooperation Act; | 26 | | or
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| 1 | | (b) Divisions 1, 2, 3, 4, 5 , and 6 of Article 7 of the | 2 | | Illinois Municipal
Code; Divisions 9, 10 , and 11 of Article 8 | 3 | | of the Illinois Municipal Code;
Divisions 1, 2, 3, 4 , and 5 of | 4 | | Article 9 of the Illinois Municipal Code; and
all of Divisions | 5 | | of Articles 10 and 11 of the Illinois Municipal Code; or
| 6 | | (c) Any other Illinois statute or constitutional provision | 7 | | now existing
or which may be enacted in the future, by which | 8 | | any municipality may exercise authority.
| 9 | | The "State action exemption" for which provision is made by | 10 | | this Section
shall be liberally construed in favor of such | 11 | | municipalities and the
agents, employees , and officers | 12 | | thereof, and such exemption shall be
available notwithstanding | 13 | | that the action of the municipality or its
agents, officers , or | 14 | | employees
constitutes an irregular exercise of constitutional | 15 | | or statutory powers.
However, this exemption shall not apply | 16 | | where the action alleged to be in
violation of antitrust law | 17 | | exceeds either (1) powers granted, either
expressly or by | 18 | | necessary implication, by Illinois statute or the Illinois
| 19 | | Constitution or (2) powers granted to a home rule municipality | 20 | | to perform
any function pertaining to its government and | 21 | | affairs or to act within
traditional areas of municipal | 22 | | activity, except as limited by the Illinois
Constitution or a | 23 | | proper limiting statute.
| 24 | | Notwithstanding the foregoing, where it is alleged that a | 25 | | violation of
the antitrust laws has occurred, the relief | 26 | | available to the plaintiffs
shall be limited to an injunction |
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| 1 | | which enjoins the alleged activity.
| 2 | | Nothing in this Section is intended to prohibit or limit | 3 | | any 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 | 6 | | becoming law.
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