101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1612

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new

    Amends the Counties Code and the Illinois Municipal Code. Provides that county or municipality may not prohibit a private homeowner from gardening on his or her property. Limits home rule powers. Effective immediately.


LRB101 07236 AWJ 52274 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1612LRB101 07236 AWJ 52274 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 Counties Code is amended by adding Section
55-12022 as follows:
 
6    (55 ILCS 5/5-12022 new)
7    Sec. 5-12022. Gardening. A county may not prohibit a
8private homeowner from gardening on his or her property.
9    A home rule county may not regulate gardening in a manner
10inconsistent with this Section. This Section is a limitation
11under subsection (i) of Section 6 of Article VII of the
12Illinois Constitution on the concurrent exercise by home rule
13units of powers and functions exercised by the State.
 
14    Section 10. The Illinois Municipal Code is amended by
15adding Section 11-13-28 as follows:
 
16    (65 ILCS 5/11-13-28 new)
17    Sec. 11-13-28. Gardening. A municipality may not prohibit a
18private homeowner from gardening on his or her property.
19    A home rule municipality may not regulate gardening in a
20manner inconsistent with this Section. This Section is a
21limitation under subsection (i) of Section 6 of Article VII of

 

 

HB1612- 2 -LRB101 07236 AWJ 52274 b

1the Illinois Constitution on the concurrent exercise by home
2rule units of powers and functions exercised by the State.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.