(65 ILCS 5/1-1-10)
(from Ch. 24, par. 1-1-10)
It is the policy of this State that all powers granted, either
expressly or by necessary implication, by this Code, by Illinois statute,
or by the Illinois Constitution to municipalities may be exercised
by those municipalities and the officers, employees, and agents of each,
notwithstanding effects on competition.
It is further the policy of this State that home rule municipalities and the officers, employees, and agents of each may
(1) exercise any power and perform any function pertaining to their government
and affairs or (2) exercise those powers within traditional areas of municipal
activity, except as limited by the Illinois Constitution or a proper limiting
statute, notwithstanding effects on competition.
It is the intention of the General Assembly that the "State action exemption"
to the application of federal antitrust statutes be fully available to
all municipalities and the agents, officers, and employees of each
to the extent they are exercising authority as aforesaid, including, but
not limited to, the provisions of Sections 6, 7, and 10 of Article VII of
the Illinois Constitution or the provisions of the following Illinois
statutes, as each is now in existence or may hereinafter be amended:
(a) The Illinois Local Library Act; Article 27 of the
Property Tax Code; the Housing Development and Construction Act; or the Housing Authorities Act, the Housing Cooperation Law, the Blighted Vacant Areas Development Act of 1949, the Urban Community Conservation Act, the Illinois Enterprise Zone Act, or any other power exercised pursuant to the Intergovernmental Cooperation Act; or
(b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of
the Illinois Municipal Code; Divisions 9, 10, and 11 of Article 8 of the Illinois Municipal Code; Divisions 1, 2, 3, 4, and 5 of Article 9 of the Illinois Municipal Code; and all of Divisions of Articles 10 and 11 of the Illinois Municipal Code; or
(c) Any other Illinois statute or constitutional
provision now existing or which may be enacted in the future, by which any municipality may exercise authority.
The "State action exemption" for which provision is made by this Section
shall be liberally construed in favor of such municipalities and the
agents, employees, and officers thereof, and such exemption shall be
available notwithstanding that the action of the municipality or its
agents, officers, or employees
constitutes an irregular exercise of constitutional or statutory powers.
However, this exemption shall not apply where the action alleged to be in
violation of antitrust law exceeds either (1) powers granted, either
expressly or by necessary implication, by Illinois statute or the Illinois
Constitution or (2) powers granted to a home rule municipality to perform
any function pertaining to its government and affairs or to act within
traditional areas of municipal activity, except as limited by the Illinois
Constitution or a proper limiting statute.
Notwithstanding the foregoing, where it is alleged that a violation of
the antitrust laws has occurred, the relief available to the plaintiffs
shall be limited to an injunction which enjoins the alleged activity.
Nothing in this Section is intended to prohibit or limit any cause of
action other than under an antitrust theory.
(Source: P.A. 102-510, eff. 8-20-21; 102-558, eff. 8-20-21.)