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Thursday, September 9, 2021

Governor Signs Several Bills Into Law That Affect Local Governments


Governor Pritzker recently signed into law several new laws that affect local governments and we will report on these over a few blog posts. Below is a summary of laws that affect (1) COVID-19 affordable housing; (2) community college housing; (3) liquor; and (4) lemonade stands.

COVID -19 Affordable Housing

P.A. 102-0175 provides COVID-19 relief funds to address shortages in affordable housing. The bill creates the COVID-19 Affordable Housing Grant Program Act and amends the Affordable Housing Planning and Appeal Act, the Illinois Housing Development Act, and the Illinois Income Tax Act. Perhaps most notable is the Act’s preemption of home rule authority: a home-rule unit of local government may not take action which regulates affordable housing more restrictively than the State has provided for under the Affordable Housing Planning and Appeal Act. We recommend that local governments (especially those that are not exempt from affordable housing reporting requirements) review our post on the Act and the legislation and consult with their legal counsel if they have questions as to how the law affects them.

Community College Housing

P.A. 102-0062 will permit non-exempt local governments to work with nonprofit housing developers and housing authorities to develop affordable housing aimed at community college students, who traditionally do not have access to campus housing. The Act will take effect on January 1, 2022.

Liquor

P.A. 102-0008 had previously enabled retail liquor license locations to provide one free drink to customers showing their vaccination cards but that expired on July 10, 2021. Though that promotion has ended, the Act still allows retail liquor licensees to sell drinks-to-go. Local liquor commissioners and local liquor control commissions are authorized to adopt rules to regulate these to-go drinks more restrictively than the State.

Lemonade Stands

A new Act, taking effect on January 1, 2022, prohibits health departments of a unit of local government or a public health district from regulating the sale of lemonade or nonalcoholic drinks or mixed beverages by a person under the age of 16.

Post Authored by Dan James & Julie Tappendorf, Ancel Glink

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