Illinois 2025-2026 Regular Session

Illinois House Bill HB1025 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1025 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10 Amends the Illinois Municipal Code. Provides that, except for the powers to tax, to impose fees, and to incur debt, non-home rule municipalities shall exercise all of the powers provided to home rule units under Section 6 of Article VII of the Illinois Constitution, subject to the limitations set forth in that Section. Effective immediately. LRB104 03176 RTM 13197 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1025 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10 65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10 Amends the Illinois Municipal Code. Provides that, except for the powers to tax, to impose fees, and to incur debt, non-home rule municipalities shall exercise all of the powers provided to home rule units under Section 6 of Article VII of the Illinois Constitution, subject to the limitations set forth in that Section. Effective immediately. LRB104 03176 RTM 13197 b LRB104 03176 RTM 13197 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1025 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10 65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10
4	4	65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10
5	5	Amends the Illinois Municipal Code. Provides that, except for the powers to tax, to impose fees, and to incur debt, non-home rule municipalities shall exercise all of the powers provided to home rule units under Section 6 of Article VII of the Illinois Constitution, subject to the limitations set forth in that Section. Effective immediately.
6	6	LRB104 03176 RTM 13197 b LRB104 03176 RTM 13197 b
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8	8	A BILL FOR
9	9	HB1025LRB104 03176 RTM 13197 b HB1025 LRB104 03176 RTM 13197 b
10	10	HB1025 LRB104 03176 RTM 13197 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Municipal Code is amended by
15	15	5 changing Section 1-1-10 as follows:
16	16	6 (65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
17	17	7 Sec. 1-1-10. It is the policy of this State that all powers
18	18	8 granted, either expressly or by necessary implication, by this
19	19	9 Code, by Illinois statute, or by the Illinois Constitution to
20	20	10 municipalities may be exercised by those municipalities and
21	21	11 the officers, employees, and agents of each, notwithstanding
22	22	12 effects on competition.
23	23	13 Notwithstanding any provision of law to the contrary,
24	24	14 except for the powers to tax, to impose fees, and to incur
25	25	15 debt, non-home rule municipalities shall exercise all of the
26	26	16 powers provided to home rule units under Section 6 of Article
27	27	17 VII of the Illinois Constitution, subject to the limitations
28	28	18 set forth in that Section.
29	29	19 It is further the policy of this State that home rule
30	30	20 municipalities and the officers, employees, and agents of each
31	31	21 may (1) exercise any power and perform any function pertaining
32	32	22 to their government and affairs or (2) exercise those powers
33	33	23 within traditional areas of municipal activity, except as
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1025 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
38	38	65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10 65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10
39	39	65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10
40	40	Amends the Illinois Municipal Code. Provides that, except for the powers to tax, to impose fees, and to incur debt, non-home rule municipalities shall exercise all of the powers provided to home rule units under Section 6 of Article VII of the Illinois Constitution, subject to the limitations set forth in that Section. Effective immediately.
41	41	LRB104 03176 RTM 13197 b LRB104 03176 RTM 13197 b
42	42	LRB104 03176 RTM 13197 b
43	43	A BILL FOR
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49	49	65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10
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68	68	1 limited by the Illinois Constitution or a proper limiting
69	69	2 statute, notwithstanding effects on competition.
70	70	3 It is the intention of the General Assembly that the
71	71	4 "State action exemption" to the application of federal
72	72	5 antitrust statutes be fully available to all municipalities
73	73	6 and the agents, officers, and employees of each to the extent
74	74	7 they are exercising authority as aforesaid, including, but not
75	75	8 limited to, the provisions of Sections 6, 7, and 10 of Article
76	76	9 VII of the Illinois Constitution or the provisions of the
77	77	10 following Illinois statutes, as each is now in existence or
78	78	11 may hereinafter be amended:
79	79	12 (a) The Illinois Local Library Act; Article 27 of the
80	80	13 Property Tax Code; the Housing Development and
81	81	14 Construction Act; or the Housing Authorities Act, the
82	82	15 Housing Cooperation Law, the Blighted Vacant Areas
83	83	16 Development Act of 1949, the Urban Community Conservation
84	84	17 Act, the Illinois Enterprise Zone Act, or any other power
85	85	18 exercised pursuant to the Intergovernmental Cooperation
86	86	19 Act; or
87	87	20 (b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the
88	88	21 Illinois Municipal Code; Divisions 9, 10, and 11 of
89	89	22 Article 8 of the Illinois Municipal Code; Divisions 1, 2,
90	90	23 3, 4, and 5 of Article 9 of the Illinois Municipal Code;
91	91	24 and all of Divisions of Articles 10 and 11 of the Illinois
92	92	25 Municipal Code; or
93	93	26 (c) Any other Illinois statute or constitutional
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104	104	1 provision now existing or which may be enacted in the
105	105	2 future, by which any municipality may exercise authority.
106	106	3 The "State action exemption" for which provision is made
107	107	4 by this Section shall be liberally construed in favor of such
108	108	5 municipalities and the agents, employees, and officers
109	109	6 thereof, and such exemption shall be available notwithstanding
110	110	7 that the action of the municipality or its agents, officers,
111	111	8 or employees constitutes an irregular exercise of
112	112	9 constitutional or statutory powers. However, this exemption
113	113	10 shall not apply where the action alleged to be in violation of
114	114	11 antitrust law exceeds either (1) powers granted, either
115	115	12 expressly or by necessary implication, by Illinois statute or
116	116	13 the Illinois Constitution or (2) powers granted to a home rule
117	117	14 municipality to perform any function pertaining to its
118	118	15 government and affairs or to act within traditional areas of
119	119	16 municipal activity, except as limited by the Illinois
120	120	17 Constitution or a proper limiting statute.
121	121	18 Notwithstanding the foregoing, where it is alleged that a
122	122	19 violation of the antitrust laws has occurred, the relief
123	123	20 available to the plaintiffs shall be limited to an injunction
124	124	21 which enjoins the alleged activity.
125	125	22 Nothing in this Section is intended to prohibit or limit
126	126	23 any cause of action other than under an antitrust theory.
127	127	24 (Source: P.A. 102-510, eff. 8-20-21; 102-558, eff. 8-20-21.)
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