103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1269

 

Introduced 1/31/2023, by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/1-1-10  from Ch. 24, par. 1-1-10

    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.


LRB103 05171 AWJ 50186 b

 

 

A BILL FOR

 

HB1269LRB103 05171 AWJ 50186 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing 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
8granted, either expressly or by necessary implication, by this
9Code, by Illinois statute, or by the Illinois Constitution to
10municipalities may be exercised by those municipalities and
11the officers, employees, and agents of each, notwithstanding
12effects on competition.
13    Notwithstanding any provision of law to the contrary,
14except for the powers to tax, impose fees, and to incur debt,
15non-home rule municipalities shall exercise all of the powers
16provided to home rule units under Section 6 of Article VII of
17the Illinois Constitution, subject to the limitations set
18forth in that Section.
19    It is further the policy of this State that home rule
20municipalities and the officers, employees, and agents of each
21may (1) exercise any power and perform any function pertaining
22to their government and affairs or (2) exercise those powers
23within traditional areas of municipal activity, except as

 

 

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1limited by the Illinois Constitution or a proper limiting
2statute, notwithstanding effects on competition.
3    It is the intention of the General Assembly that the
4"State action exemption" to the application of federal
5antitrust statutes be fully available to all municipalities
6and the agents, officers, and employees of each to the extent
7they are exercising authority as aforesaid, including, but not
8limited to, the provisions of Sections 6, 7, and 10 of Article
9VII of the Illinois Constitution or the provisions of the
10following Illinois statutes, as each is now in existence or
11may hereinafter be amended:
12        (a) The Illinois Local Library Act; Article 27 of the
13    Property Tax Code; the Housing Development and
14    Construction Act; or the Housing Authorities Act, the
15    Housing Cooperation Law, the Blighted Vacant Areas
16    Development Act of 1949, the Urban Community Conservation
17    Act, the Illinois Enterprise Zone Act, or any other power
18    exercised pursuant to the Intergovernmental Cooperation
19    Act; or
20        (b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the
21    Illinois Municipal Code; Divisions 9, 10, and 11 of
22    Article 8 of the Illinois Municipal Code; Divisions 1, 2,
23    3, 4, and 5 of Article 9 of the Illinois Municipal Code;
24    and all of Divisions of Articles 10 and 11 of the Illinois
25    Municipal Code; or
26        (c) Any other Illinois statute or constitutional

 

 

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1    provision now existing or which may be enacted in the
2    future, by which any municipality may exercise authority.
3    The "State action exemption" for which provision is made
4by this Section shall be liberally construed in favor of such
5municipalities and the agents, employees, and officers
6thereof, and such exemption shall be available notwithstanding
7that the action of the municipality or its agents, officers,
8or employees constitutes an irregular exercise of
9constitutional or statutory powers. However, this exemption
10shall not apply where the action alleged to be in violation of
11antitrust law exceeds either (1) powers granted, either
12expressly or by necessary implication, by Illinois statute or
13the Illinois Constitution or (2) powers granted to a home rule
14municipality to perform any function pertaining to its
15government and affairs or to act within traditional areas of
16municipal activity, except as limited by the Illinois
17Constitution or a proper limiting statute.
18    Notwithstanding the foregoing, where it is alleged that a
19violation of the antitrust laws has occurred, the relief
20available to the plaintiffs shall be limited to an injunction
21which enjoins the alleged activity.
22    Nothing in this Section is intended to prohibit or limit
23any cause of action other than under an antitrust theory.
24(Source: P.A. 102-510, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.