(50 ILCS 35/0.01) (from Ch. 85, par. 2900)
Sec. 0.01.
Short title.
This Act may be cited as the
Local Government Antitrust Exemption Act.
(Source: P.A. 86-1324.)
(50 ILCS 35/1) (from Ch. 85, par. 2901)
Sec. 1.
(a) The General Assembly declares that it is in the interest of
the people of Illinois that decisions regarding provision of local services
and regulation of local activities should be made at the local level where
possible, to the extent authorized by the General Assembly or the Illinois
Constitution. It is and has long been the policy of the State that such
decisions be made by local government units as authorized by State statute
and the Illinois Constitution. The General Assembly intends that actions
permitted, either expressly or by necessary implication, by State statute
or the Illinois Constitution be considered affirmatively authorized for
subsidiary units of government.
Inasmuch as the grant of home rule authority in the Illinois Constitution,
Article VII, Section 6 was intentionally made broad so as to avoid unduly
restricting its exercise, the scope of the home rule powers cannot be precisely
described. The General Assembly intends that all actions which are either
(1) granted to home rule units, whether expressly or by necessary implication
or (2) within traditional areas of local government activity, except as
limited by the Illinois Constitution or a proper limiting statute, be
considered
affirmatively authorized for home rule units of government.
The General Assembly intends that the “State action exemption” to application
of the federal antitrust laws be fully available to local governments to
the extent their activities are either (1) expressly or by necessary
implication
authorized by Illinois law or (2) within traditional areas of local
governmental
activity.
The “State action exemption” for which provision is made by this
Section shall be liberally construed in favor of local governments, 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.
(b) It is the policy of this State that all powers granted, either
expressly or by necessary implication by any Illinois statute or by the
Illinois Constitution to any Library District, its officers, employees and
agents may be exercised by any such Library District, its officers, agents
and employees 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 any such
Library District, its officers, agents and employees to the extent they are
exercising authority pursuant to law.
(c) It is the policy of this State that all powers granted, either
expressly or by necessary implication by any Illinois statute or by the
Illinois Constitution to any Sanitary District, its officers, employees and
agents may be exercised by any Sanitary District, its officers, agents and
employees 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 any such Sanitary
District, its officers, agents and employees to the extent they are
exercising authority pursuant to law.
(d) It is the policy of this State that all powers granted, either
expressly or by necessary implication by any Illinois statute or by the
Illinois Constitution to any Park District and its officers, employees and
agents may be exercised by any such Park District, its officers, agents and
employees 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 any such Park District,
its officers, agents and employees to the extent they are exercising
authority pursuant to law.
(e) 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.
(f) Nothing in this Section is intended to prohibit or limit any cause
of action other than under an antitrust theory.
(Source: P.A. 102-558, eff. 8-20-21.)