102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3766

 

Introduced 2/22/2021, 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, including, but not limited to, water resources, without first conducting a public hearing followed by a referendum approving the sale at the election next following the public hearing.


LRB102 10949 AWJ 16281 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3766LRB102 10949 AWJ 16281 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, including, but not limited to, water resources,
12without first conducting a public hearing followed by a
13referendum of the electors at the election next following the
14public hearing. If the electors approve by referendum the sale
15of the right to use or profit from the municipal asset, the
16city council may adopt an ordinance or resolution selling the
17right to use or profit from the municipal asset or assets
18according to the provisions of 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

 

 

HB3766- 2 -LRB102 10949 AWJ 16281 b

1units of powers and functions exercised by the State.