Bill Text: IL HB0511 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Gives non-home rule municipalities the power to exercise all power provided to home rule units under Section 6 of Article VII of the Illinois Constitution, except for the powers to tax, impose fees, and to incur debt. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0511 Detail]

Download: Illinois-2017-HB0511-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0511 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED:
65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10
Amends the Illinois Municipal Code. Gives non-home rule municipalities the power to exercise all power provided to home rule units under Section 6 of Article VII of the Illinois Constitution, except for the powers to tax, impose fees, and to incur debt. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 1-1-10 as follows:
(65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
Sec. 1-1-10. It is the policy of this State that all powers
granted, either expressly or by necessary implication, by this
Code, by Illinois statute, or the Illinois Constitution to
municipalities may be exercised by those municipalities, and
the officers, employees and agents of each notwithstanding
effects on competition.
Notwithstanding any provision of law to the contrary,
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.
It is further the policy of this State that home-rule
municipalities, the officers, employees and agents of each may
(1) exercise any power and perform any function pertaining to
their government and affairs or (2) exercise those powers
within traditional areas of municipal activity, except as

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

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the Illinois Municipal Code; Divisions 1, 2, 3, 4 and 5 of
Article 9 of the Illinois Municipal Code; and all of Divisions
of Articles 10 and 11 of the Illinois Municipal Code; or
(c) Any other Illinois statute or constitutional provision
now existing or which may be enacted in the future, by which
any municipality may exercise authority.
The "State action exemption" for which provision is made by
this Section shall be liberally construed in favor of such
municipalities and the agents, employees and officers thereof,
and such exemption shall be available notwithstanding that the
action of the municipality or its agents, officers or employees
constitutes an irregular exercise of constitutional or
statutory powers. However, this exemption shall not apply where
the action alleged to be in violation of antitrust law exceeds
either (1) powers granted, either expressly or by necessary
implication, by Illinois statute or the Illinois Constitution
or (2) powers granted to a home rule municipality to perform
any function pertaining to its government and affairs or to act
within traditional areas of municipal activity, except as
limited by the Illinois Constitution or a proper limiting
statute.
Notwithstanding the foregoing, where it is alleged that a
violation of the antitrust laws has occurred, the relief
available to the plaintiffs shall be limited to an injunction
which enjoins the alleged activity.
Nothing in this Section is intended to prohibit or limit

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any cause of action other than under an antitrust theory.
(Source: P.A. 84-1050.)
Section 99. Effective date. This Act takes effect upon
becoming law.