Illinois General Assembly - Full Text of HB0511
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Full Text of HB0511  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Peter Breen


65 ILCS 5/1-1-10  from Ch. 24, par. 1-1-10

    Amends the Illinois Municipal Code. Gives non-home rule municipalities the power to exercise all power provided to home rule units under Section 6 of Article VII of the Illinois Constitution, except for the powers to tax, impose fees, and to incur debt. Effective immediately.

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HB0511LRB100 07416 AWJ 17480 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 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 forth
18in that Section.
19    It is further the policy of this State that home-rule
20municipalities, the officers, employees and agents of each may
21(1) exercise any power and perform any function pertaining to
22their 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 "State
4action exemption" to the application of federal antitrust
5statutes be fully available to all municipalities, and the
6agents, officers and employees of each to the extent they are
7exercising authority as aforesaid, including, but not limited
8to, the provisions of Sections 6, 7 and 10 of Article VII of
9the Illinois Constitution or the provisions of the following
10Illinois statutes, as each is now in existence or may
11hereinafter be amended:
12    (a) The Illinois Local Library Act; "An Act to provide the
13manner of levying or imposing taxes for the provision of
14special services to areas within the boundaries of home rule
15units and non-home rule municipalities and counties", approved
16September 21, 1973, as amended; "An Act to facilitate the
17development and construction of housing, to provide
18governmental assistance therefor, and to repeal an Act herein
19named", approved July 2, 1947, as amended; or the Housing
20Authorities Act, the Housing Cooperation Law, the Blighted
21Areas Redevelopment Act of 1947, the Blighted Vacant Areas
22Development Act of 1949, the Urban Community Conservation Act,
23the Illinois Enterprise Zone Act or any other power exercised
24pursuant to the Intergovernmental Cooperation Act; or
25    (b) Divisions 1, 2, 3, 4, 5 and 6 of Article 7 of the
26Illinois Municipal Code; Divisions 9, 10 and 11 of Article 8 of



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



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1any cause of action other than under an antitrust theory.
2(Source: P.A. 84-1050.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.