HB3766 102ND GENERAL ASSEMBLY

LRB102 10949 AWJ 16281 b

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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-76-7 as follows:

(65 ILCS 5/11-76-7 new)

Sec. 11-76-7. Sale of rights to municipal assets.

(a) Notwithstanding any other provision of law, the city council of a municipality may not adopt an ordinance or resolution selling the right to use or profit from municipal assets, including, but not limited to, water resources, without first conducting a public hearing followed by a referendum of the electors at the election next following the public hearing. If the electors approve by referendum the sale of the right to use or profit from the municipal asset, the city council may adopt an ordinance or resolution selling the right to use or profit from the municipal asset or assets according to the provisions of the referendum.

(b) A home rule municipality may not regulate the sale of the right to use or profit from a municipal asset in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.