Full Text of SB0686 95th General Assembly
SB0686 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0686
Introduced 2/8/2007, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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50 ILCS 35/1 |
from Ch. 85, par. 2901 |
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Amends the Local Government Antitrust Exemption Act. Makes a technical change in a Section concerning local services.
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A BILL FOR
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SB0686 |
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LRB095 09191 HLH 29384 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Local Government Antitrust Exemption Act is | 5 |
| amended by changing Section 1 as follows:
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| (50 ILCS 35/1) (from Ch. 85, par. 2901)
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| Sec. 1. (a) The General Assembly declares that it is in the | 8 |
| interest of
the
the people of Illinois that decisions regarding | 9 |
| provision of local services
and regulation of local activities | 10 |
| should be made at the local level where
possible, to the extent | 11 |
| authorized by the General Assembly or the Illinois
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| Constitution. It is and has long been the policy of the State | 13 |
| that such
decisions be made by local government units as | 14 |
| authorized by State statute
and the Illinois Constitution. The | 15 |
| General Assembly intends that actions
permitted, either | 16 |
| expressly or by necessary implication, by State statute
or the | 17 |
| Illinois Constitution be considered affirmatively authorized | 18 |
| for
subsidiary units of government.
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| Inasmuch as the grant of home-rule authority in the | 20 |
| Illinois Constitution,
Article VII, Section 6 was | 21 |
| intentionally made broad so as to avoid unduly
restricting its | 22 |
| exercise, the scope of the home-rule powers cannot be precisely
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| described. The General Assembly intends that all actions which |
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SB0686 |
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LRB095 09191 HLH 29384 b |
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| are either
(1) granted to home-rule units, whether expressly or | 2 |
| by necessary implication
or (2) within traditional areas of | 3 |
| local government activity, except as
limited by the Illinois | 4 |
| Constitution or a proper limiting statute, be
considered
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| affirmatively authorized for home-rule units of government.
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| The General Assembly intends that the "State action | 7 |
| exemption" to application
of the federal antitrust laws be | 8 |
| fully available to local governments to
the extent their | 9 |
| activities are either (1) expressly or by necessary
implication
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| authorized by Illinois law or (2) within traditional areas of | 11 |
| local
governmental
activity.
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| The "State action exemption" for which provision is made by | 13 |
| this
Section shall be liberally construed in favor of local | 14 |
| governments, the
agents, employees and officers thereof and | 15 |
| such exemption shall be
available notwithstanding that the | 16 |
| action of the
municipality or its agents, officers or employees | 17 |
| constitutes an irregular
exercise of constitutional or | 18 |
| statutory powers. However, this exemption
shall not apply where | 19 |
| the action alleged to be in violation of antitrust
law exceeds | 20 |
| either (1) powers granted, either expressly or by necessary
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| implication, by Illinois statute or the Illinois Constitution | 22 |
| or (2) powers
granted to a home rule municipality to perform | 23 |
| any function pertaining to
its government and affairs or to act | 24 |
| within traditional areas of municipal
activity, except as | 25 |
| limited by the Illinois Constitution or a proper limiting | 26 |
| statute.
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SB0686 |
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LRB095 09191 HLH 29384 b |
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| (b) It is the policy of this State that all powers granted, | 2 |
| either
expressly or by necessary implication by any Illinois | 3 |
| statute or by the
Illinois Constitution to any Library | 4 |
| District, its officers, employees and
agents may be exercised | 5 |
| by any such Library District, its officers, agents
and | 6 |
| employees notwithstanding effects on competition. It is the | 7 |
| intention
of the General Assembly that the "State action | 8 |
| exemption" to the
application of federal antitrust statutes be | 9 |
| fully available to any such
Library District, its officers, | 10 |
| agents and employees to the extent they are
exercising | 11 |
| authority pursuant to law.
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| (c) It is the policy of this State that all powers granted, | 13 |
| either
expressly or by necessary implication by any Illinois | 14 |
| statute or by the
Illinois Constitution to any Sanitary | 15 |
| District, its officers, employees and
agents may be exercised | 16 |
| by any Sanitary District, its officers, agents and
employees | 17 |
| notwithstanding effects on competition. It is the intention of
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| the General Assembly that the "State action exemption" to the | 19 |
| application
of federal antitrust statutes be fully available to | 20 |
| any such Sanitary
District, its officers, agents and employees | 21 |
| to the extent they are
exercising authority pursuant to law.
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| (d) It is the policy of this State that all powers granted, | 23 |
| either
expressly or by necessary implication by any Illinois | 24 |
| statute or by the
Illinois Constitution to any Park District | 25 |
| and its officers, employees and
agents may be exercised by any | 26 |
| such Park District, its officers, agents and
employees |
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SB0686 |
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LRB095 09191 HLH 29384 b |
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| notwithstanding effects on competition. It is the intention of
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| the General Assembly that the "State action exemption" to the | 3 |
| application
of federal antitrust statutes be fully available to | 4 |
| any such Park District,
its officers, agents and employees to | 5 |
| the extent they are exercising
authority pursuant to law.
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| (e) Notwithstanding the foregoing, where it is alleged that | 7 |
| a
violation of the antitrust laws has occurred, the relief | 8 |
| available to the
plaintiffs shall be limited to an injunction | 9 |
| which enjoins the alleged activity.
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| (f) Nothing in this Section is intended to prohibit or | 11 |
| limit any cause
of action other than under an antitrust theory.
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| (Source: P.A. 84-1050.)
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