Illinois General Assembly - Full Text of HB0116
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Full Text of HB0116  102nd General Assembly

HB0116ham002 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 4/19/2021

 

 


 

 


 
10200HB0116ham002LRB102 04091 AWJ 25334 a

1
AMENDMENT TO HOUSE BILL 116

2    AMENDMENT NO. ______. Amend House Bill 116 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rent Control Preemption Act is amended by
5changing Sections 5 and 10 and by adding Section 6 as follows:
 
6    (50 ILCS 825/5)
7    Sec. 5. Rent control prohibited; exceptions.
8    (a) A unit of local government, as defined in Section 1 of
9Article VII of the Illinois Constitution, shall not enact,
10maintain, or enforce an ordinance or resolution that would
11have the effect of controlling the amount of rent charged for
12leasing private residential or commercial property.
13    (b) This Act does not impair the right of a unit of local
14government to manage and control residential property in which
15the unit of local government has a property interest.
16    (c) The prohibition in subsection (a) does not apply where

 

 

10200HB0116ham002- 2 -LRB102 04091 AWJ 25334 a

1voters of a unit of local government have approved a
2referendum under Section 6.
3(Source: P.A. 90-313, eff. 8-1-97.)
 
4    (50 ILCS 825/6 new)
5    Sec. 6. Petition and ordinance or resolution for rent
6control regulation by a unit of local government.
7    (a) Legal voters of a unit of local government may, by
8petition, propose a referendum to determine whether the unit
9of local government shall no longer be prohibited from
10enacting, maintaining, or enforcing an ordinance or resolution
11that would have the effect of controlling the amount of rent
12charged for leasing private residential or commercial
13property. Such a petition shall, at least 104 days before an
14election, be filed in the office of the clerk of such unit of
15local government and contain the signatures of not less than
168% of the total votes cast for candidates for Governor in the
17preceding gubernatorial election by the registered voters of
18the unit of local government. The referendum shall
19substantially be in the following form: "Shall (unit of local
20government) be permitted to enact, maintain, or enforce an
21ordinance or resolution that would have the effect of
22controlling the amount of rent charged for leasing private
23residential or commercial property?". The referendum shall be
24submitted to the voters of the unit of local government at the
25next election at which such referendum may be voted upon.

 

 

10200HB0116ham002- 3 -LRB102 04091 AWJ 25334 a

1    (b) Legal voters of a district, precinct, ward, or other
2similar subdivision of a unit of local government may, by
3petition, propose a referendum to determine whether the unit
4of local government shall no longer be prohibited from
5enacting, maintaining, or enforcing an ordinance or resolution
6that would have the effect of controlling the amount of rent
7charged for leasing private residential or commercial property
8within that district, precinct, ward, or similar subdivision.
9Such a petition shall, at least 104 days before an election, be
10filed in the office of the clerk of such unit of local
11government and contain the signatures of not less than 16% of
12the legal voters registered with the board of election
13commissioners or county clerk, as the case may be, from the
14district, precinct, ward, or similar subdivision. The
15referendum shall substantially be in the following form:
16"Shall (unit of local government) be permitted to enact,
17maintain, or enforce an ordinance or resolution that would
18have the effect of controlling the amount of rent charged for
19leasing private residential or commercial property within
20(district, precinct, ward, or other similar subdivision)?".
21The referendum shall be submitted to the voters of the
22district, precinct, ward, or other similar subdivision of the
23unit of local government at the next election at which such
24referendum may be voted upon.
25    (c) The referendum shall be submitted to the voters under
26subsection (a) or (b) when the petition has been filed in

 

 

10200HB0116ham002- 4 -LRB102 04091 AWJ 25334 a

1proper form with the clerk. If more than one set of petitions
2are presented to the clerk for submission at the same
3election, the petition presented first shall be given
4preference; however, the clerk shall provisionally accept any
5other set of petitions setting forth the same (or
6substantially the same) referendum. If the first set of
7petitions for a referendum is found to be in proper form and is
8not found to be invalid, it shall be accepted by the clerk and
9all provisionally accepted sets of petitions setting forth the
10same (or substantially the same) referendum shall be rejected
11by the clerk. If the first set of petitions for a referendum is
12found not to be in proper form or is found to be invalid, the
13clerk shall (i) reject the first set of petitions, (ii) accept
14the first provisionally accepted set of petitions that is in
15proper form and is not found to be invalid, and (iii) reject
16all other provisionally accepted sets of petitions setting
17forth the same (or substantially the same) referendum. Notice
18of the filing of the petition and the result of the election
19shall be given to the Secretary of State. A return of the
20result of the election shall be made to the clerk of the unit
21of local government. If a majority of the voters voting upon
22such referendum vote "YES", the unit of local government shall
23be exempt from subsection (a) of Section 5 either for the
24entire unit or for the district, precinct, ward, or similar
25subdivision stated in the referendum.
26    (d) If a unit of local government chooses to adopt an

 

 

10200HB0116ham002- 5 -LRB102 04091 AWJ 25334 a

1ordinance or resolution, or enforce an existing ordinance,
2under this Section that would have the effect of controlling
3the amount of rent charged for leasing private residential or
4commercial property, it may also take measures to address the
5economic impact of such an ordinance or resolution upon
6owner-occupied residential properties of 6 or fewer units.
 
7    (50 ILCS 825/10)
8    Sec. 10. Home rule preemption.
9    A home rule unit may not regulate or control the amount of
10rent charged for leasing private residential or commercial
11property in a manner inconsistent with this Act. This Section
12is a denial and limitation of home rule powers and functions
13under subsection (i) (g) of Section 6 of Article VII of the
14Illinois Constitution.
15(Source: P.A. 90-313, eff. 8-1-97.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".