HB0116ham002 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 4/19/2021

10200HB0116ham002 LRB102 04091 AWJ 25334 a

AMENDMENT TO HOUSE BILL 116

AMENDMENT NO. ______. Amend House Bill 116 by replacing everything after the enacting clause with the following:

"Section 5. The Rent Control Preemption Act is amended by changing Sections 5 and 10 and by adding Section 6 as follows:

(50 ILCS 825/5)

Sec. 5. Rent control prohibited; exceptions.

(a) A unit of local government, as defined in Section 1 of Article VII of the Illinois Constitution, shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.

(b) This Act does not impair the right of a unit of local government to manage and control residential property in which the unit of local government has a property interest.

(c) The prohibition in subsection (a) does not apply where voters of a unit of local government have approved a referendum under Section 6.

(Source: P.A. 90-313, eff. 8-1-97.)

(50 ILCS 825/6 new)

Sec. 6. Petition and ordinance or resolution for rent control regulation by a unit of local government.

(a) Legal voters of a unit of local government may, by petition, propose a referendum to determine whether the unit of local government shall no longer be prohibited from enacting, maintaining, or enforcing an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. Such a petition shall, at least 104 days before an election, be filed in the office of the clerk of such unit of local government and contain the signatures of not less than 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election by the registered voters of the unit of local government. The referendum shall substantially be in the following form: "Shall (unit of local government) be permitted to enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property?". The referendum shall be submitted to the voters of the unit of local government at the next election at which such referendum may be voted upon.

(b) Legal voters of a district, precinct, ward, or other similar subdivision of a unit of local government may, by petition, propose a referendum to determine whether the unit of local government shall no longer be prohibited from enacting, maintaining, or enforcing an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property within that district, precinct, ward, or similar subdivision. Such a petition shall, at least 104 days before an election, be filed in the office of the clerk of such unit of local government and contain the signatures of not less than 16% of the legal voters registered with the board of election commissioners or county clerk, as the case may be, from the district, precinct, ward, or similar subdivision. The referendum shall substantially be in the following form: "Shall (unit of local government) be permitted to enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property within (district, precinct, ward, or other similar subdivision)?". The referendum shall be submitted to the voters of the district, precinct, ward, or other similar subdivision of the unit of local government at the next election at which such referendum may be voted upon.

(c) The referendum shall be submitted to the voters under subsection (a) or (b) when the petition has been filed in proper form with the clerk. If more than one set of petitions are presented to the clerk for submission at the same election, the petition presented first shall be given preference; however, the clerk shall provisionally accept any other set of petitions setting forth the same (or substantially the same) referendum. If the first set of petitions for a referendum is found to be in proper form and is not found to be invalid, it shall be accepted by the clerk and all provisionally accepted sets of petitions setting forth the same (or substantially the same) referendum shall be rejected by the clerk. If the first set of petitions for a referendum is found not to be in proper form or is found to be invalid, the clerk shall (i) reject the first set of petitions, (ii) accept the first provisionally accepted set of petitions that is in proper form and is not found to be invalid, and (iii) reject all other provisionally accepted sets of petitions setting forth the same (or substantially the same) referendum. Notice of the filing of the petition and the result of the election shall be given to the Secretary of State. A return of the result of the election shall be made to the clerk of the unit of local government. If a majority of the voters voting upon such referendum vote "YES", the unit of local government shall be exempt from subsection (a) of Section 5 either for the entire unit or for the district, precinct, ward, or similar subdivision stated in the referendum.

(d) If a unit of local government chooses to adopt an ordinance or resolution, or enforce an existing ordinance, under this Section that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property, it may also take measures to address the economic impact of such an ordinance or resolution upon owner-occupied residential properties of 6 or fewer units.

(50 ILCS 825/10)

Sec. 10. Home rule preemption.

A home rule unit may not regulate or control the amount of rent charged for leasing private residential or commercial property in a manner inconsistent with this Act. This Section is a denial and limitation of home rule powers and functions under subsection (i) (g) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 90-313, eff. 8-1-97.)

Section 99. Effective date. This Act takes effect upon becoming law.".