103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1226

 

Introduced 1/31/2023, by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-76-7 new

    Amends the Illinois Municipal Code. Provides that the city council of a municipality may not adopt an ordinance or resolution selling the right to use or profit from a municipal asset, such as water resources, without first conducting a public hearing followed by a referendum approving the sale at the election next following the public hearing.


LRB103 24795 AWJ 51124 b

 

 

A BILL FOR

 

HB1226LRB103 24795 AWJ 51124 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
5adding Section 11-76-7 as follows:
 
6    (65 ILCS 5/11-76-7 new)
7    Sec. 11-76-7. Sale of rights to municipal assets.
8    (a) Notwithstanding any other provision of law, the city
9council of a municipality may not adopt an ordinance or
10resolution selling the right to use or profit from municipal
11assets, such as water resources, without first conducting a
12public hearing followed by a referendum of the electors at the
13election next following the public hearing. If the electors
14approve by referendum the sale of the right to use or profit
15from the municipal asset, the city council may adopt an
16ordinance or resolution selling the right to use or profit
17from the municipal asset or assets according to the provisions
18of the referendum.
19    (b) A home rule municipality may not regulate the sale of
20the right to use or profit from a municipal asset in a manner
21inconsistent with this Section. This Section is a limitation
22under subsection (i) of Section 6 of Article VII of the
23Illinois Constitution on the concurrent exercise by home rule

 

 

HB1226- 2 -LRB103 24795 AWJ 51124 b

1units of powers and functions exercised by the State.