Rep. Will Guzzardi
Filed: 4/19/2021
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1 | AMENDMENT TO HOUSE BILL 116
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2 | AMENDMENT NO. ______. Amend House Bill 116 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Rent Control Preemption Act is amended by | ||||||
5 | changing Sections 5 and 10 and by adding Section 6 as follows:
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6 | (50 ILCS 825/5)
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7 | Sec. 5. Rent control prohibited ; exceptions .
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8 | (a) A unit of local government, as defined in Section 1 of | ||||||
9 | Article VII of
the Illinois Constitution, shall not enact, | ||||||
10 | maintain, or enforce an ordinance
or
resolution that would | ||||||
11 | have the effect of controlling the amount of rent charged
for | ||||||
12 | leasing private residential or commercial property.
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13 | (b) This Act does not impair the right of a unit of local | ||||||
14 | government to
manage and control residential property in which | ||||||
15 | the unit of local government
has a property interest.
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16 | (c) The prohibition in subsection (a) does not apply where |
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1 | voters of a unit of local government have approved a | ||||||
2 | referendum under Section 6. | ||||||
3 | (Source: P.A. 90-313, eff. 8-1-97.)
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4 | (50 ILCS 825/6 new) | ||||||
5 | Sec. 6. Petition and ordinance or resolution for rent | ||||||
6 | control regulation by a unit of local government. | ||||||
7 | (a) Legal voters of a unit of local government may, by | ||||||
8 | petition, propose a referendum to determine whether the unit | ||||||
9 | of local government shall no longer be prohibited from | ||||||
10 | enacting, maintaining, or enforcing an ordinance or resolution | ||||||
11 | that would have the effect of controlling the amount of rent | ||||||
12 | charged for leasing private residential or commercial | ||||||
13 | property. Such a petition shall, at least 104 days before an | ||||||
14 | election, be filed in the office of the clerk of such unit of | ||||||
15 | local government and contain the signatures of not less than | ||||||
16 | 8% of the total votes cast for candidates for Governor in the | ||||||
17 | preceding gubernatorial election by the registered voters of | ||||||
18 | the unit of local government. The referendum shall | ||||||
19 | substantially be in the following form: "Shall (unit of local | ||||||
20 | government) be permitted to enact, maintain, or enforce an | ||||||
21 | ordinance or resolution that would have the effect of | ||||||
22 | controlling the amount of rent charged for leasing private | ||||||
23 | residential or commercial property?". The referendum shall be | ||||||
24 | submitted to the voters of the unit of local government at the | ||||||
25 | next election at which such referendum may be voted upon. |
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1 | (b) Legal voters of a district, precinct, ward, or other | ||||||
2 | similar subdivision of a unit of local government may, by | ||||||
3 | petition, propose a referendum to determine whether the unit | ||||||
4 | of local government shall no longer be prohibited from | ||||||
5 | enacting, maintaining, or enforcing an ordinance or resolution | ||||||
6 | that would have the effect of controlling the amount of rent | ||||||
7 | charged for leasing private residential or commercial property | ||||||
8 | within that district, precinct, ward, or similar subdivision. | ||||||
9 | Such a petition shall, at least 104 days before an election, be | ||||||
10 | filed in the office of the clerk of such unit of local | ||||||
11 | government and contain the signatures of not less than 16% of | ||||||
12 | the legal voters registered with the board of election | ||||||
13 | commissioners or county clerk, as the case may be, from the | ||||||
14 | district, precinct, ward, or similar subdivision. The | ||||||
15 | referendum shall substantially be in the following form: | ||||||
16 | "Shall (unit of local government) be permitted to enact, | ||||||
17 | maintain, or enforce an ordinance or resolution that would | ||||||
18 | have the effect of controlling the amount of rent charged for | ||||||
19 | leasing private residential or commercial property within | ||||||
20 | (district, precinct, ward, or other similar subdivision)?". | ||||||
21 | The referendum shall be submitted to the voters of the | ||||||
22 | district, precinct, ward, or other similar subdivision of the | ||||||
23 | unit of local government at the next election at which such | ||||||
24 | referendum may be voted upon. | ||||||
25 | (c) The referendum shall be submitted to the voters under | ||||||
26 | subsection (a) or (b) when the petition has been filed in |
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1 | proper form with the clerk. If more than one set of petitions | ||||||
2 | are presented to the clerk for submission at the same | ||||||
3 | election, the petition presented first shall be given | ||||||
4 | preference; however, the clerk shall provisionally accept any | ||||||
5 | other set of petitions setting forth the same (or | ||||||
6 | substantially the same) referendum. If the first set of | ||||||
7 | petitions for a referendum is found to be in proper form and is | ||||||
8 | not found to be invalid, it shall be accepted by the clerk and | ||||||
9 | all provisionally accepted sets of petitions setting forth the | ||||||
10 | same (or substantially the same) referendum shall be rejected | ||||||
11 | by the clerk. If the first set of petitions for a referendum is | ||||||
12 | found not to be in proper form or is found to be invalid, the | ||||||
13 | clerk shall (i) reject the first set of petitions, (ii) accept | ||||||
14 | the first provisionally accepted set of petitions that is in | ||||||
15 | proper form and is not found to be invalid, and (iii) reject | ||||||
16 | all other provisionally accepted sets of petitions setting | ||||||
17 | forth the same (or substantially the same) referendum. Notice | ||||||
18 | of the filing of the petition and the result of the election | ||||||
19 | shall be given to the Secretary of State. A return of the | ||||||
20 | result of the election shall be made to the clerk of the unit | ||||||
21 | of local government. If a majority of the voters voting upon | ||||||
22 | such referendum vote "YES", the unit of local government shall | ||||||
23 | be exempt from subsection (a) of Section 5 either for the | ||||||
24 | entire unit or for the district, precinct, ward, or similar | ||||||
25 | subdivision stated in the referendum. | ||||||
26 | (d) If a unit of local government chooses to adopt an |
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1 | ordinance or resolution, or enforce an existing ordinance, | ||||||
2 | under this Section that would have the effect of controlling | ||||||
3 | the amount of rent charged for leasing private residential or | ||||||
4 | commercial property, it may also take measures to address the | ||||||
5 | economic impact of such an ordinance or resolution upon | ||||||
6 | owner-occupied residential properties of 6 or fewer units.
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7 | (50 ILCS 825/10)
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8 | Sec. 10. Home rule preemption. | ||||||
9 | A home rule unit may not regulate or
control the amount of | ||||||
10 | rent charged for leasing private residential or
commercial | ||||||
11 | property in a manner inconsistent with this Act . This Section | ||||||
12 | is a denial and limitation of home rule
powers and functions | ||||||
13 | under subsection (i) (g) of Section 6 of Article VII of the
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14 | Illinois Constitution.
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15 | (Source: P.A. 90-313, eff. 8-1-97.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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