IAR Quorum Call

Illinois Association of REALTORS
Quorum Call Week in Review
March 7, 2008



Quorum Call is distributed Fridays when the Illinois General Assembly is in session. For more information, contact Greg St. Aubin, Director of IAR Governmental Affairs, gstaubin@iar.org, or Julie Sullivan, Assistant Director, Legislative and Political Affairs, jsullivan@iar.org. Full text of legislation cited in this newsletter can be found at www.ilga.gov.






“Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be.”

~Sydney J. Harris

- Both Senate 571 and House Bill 5358, containing the changes to the Real Estate License Law and SUPPORTED by the IAR remained in the House Rules Committee this week but the IAR is meeting with leadership to urge that this important legislation be considered this spring session. As you know, the changes update the License Law, and include a variety of definitional, educational and technical changes. A summary of Senate Bill 571/House Bill 5358 is available at the IAR Action Center (www.iaractioncenter.org). The bills are also supported by the Illinois Department of Financial and Professional Regulation.

- NO ACTION occurred this week on HB 4313, an initiative of a group called the “Homeowners Club of America” (HCA), that seeks to amend Section 10-15 of the Real Estate License Act to prohibit a real estate licensee from paying a cash rebate, cash gift, or cash prize to an unlicensed person who is a party to a contract to buy or sell real estate. The IAR remains strongly OPPOSED to this legislation which is anti-competitive and anti-consumer. This bill has also drawn the ire of the U.S. Department of Justice. The bill is sponsored by Representative Bob Molaro (D-21, Chicago) and Skip Saviano (R-77, Elmwood Park). It should be noted that Representative Franco Coladipietro, a member of the House Judiciary I- Civil Law Committee, REMOVED his name as a co-sponsor of the bill on Thursday, March 6th. The IAR applauds his action. Next week is the House committee hearing deadline- should the sponsor not call the bill in the House Judiciary I-Civil Law Committee next week it would be dead for the 2008 session. PLEASE CONTINUE TO CONTACT YOUR LEGISLATORS TO URGE THE REJECTION OF THIS LEGISLATION! Key are the members of the House Judiciary I- Civil Law Committee:
Rep. John Fritchey, Chairman (D-Chicago)
773/871-4000 or 217/782-2458
mystaterep@aol.com
Rep. John Bradley, Vice Chairman (D-Marion)
618/997-9697 or 217/782-1051
repjohnbradley@mychoice.net
Rep. Chapin Rose, Minority Spokesman (R-Mahomet)
217/348-7673 or 217/558-1006
chapin@chapinrose.com
Rep. Jim Brosnahan (D-Evergreen Park)
708/499-2810 or 217/0515
jdbrosnahan@aol.com
Rep. Franco Coladipietro (R-Bloomingdale)
630/582-0045 or 217/782-8158
franco@il45.com
Rep. Joe Dunn (R-Naperville)
630/355-4113 or 217/782-6507
joe@josephdunn.com
Rep. Careen Gordon (D-Coal City)
815/634-3096 or 217/782-5997
gordonca@ilga.gov
Rep. Julie Hamos (D-Evanston)
847/424-9898 or 217/782-8052
Julie@juliehamos.org
Rep. Jay Hoffman (D-Collinsville)
618/345-2176 or 217/782-8018
jayhoffman@charter.net
Rep. Lou Lang (D-Skokie)
847/673-1131 or 217/782-1252
reploulang@aol.com
Rep. Sid Mathias (R-Buffalo Grove)
847/222-0061 or 217/782-1664
sidneymath@msn.com
Rep. Elaine Nekritz (D-Northbrook)
847/257-0450 or 217/558-1004
enekritz@repnekritz.org
Rep. Joann Osmond (R-Antioch)
847/838-6200 or 217/8151
reposmond@aol.com
Rep. Ron Wait (R-Belvidere)
815/547-7771 or 217/782-0548
repwait777@aol.com

- On Wednesday afternoon, the House Housing and Urban Development Committee narrowly approved House Bill 5170 on a partisan roll call vote of 5-2-1. This measure, STRONGLY OPPOSED by the IAR, creates the Relocation Assistance Act to require a landlord to provide displaced tenants $2,000 or 3 times the monthly rent (whichever is greater) if a municipality has notified the landlord that a dwelling unit will be condemned or will be unlawful to occupy. The measure mandates this assistance plus any paid security deposit, any interest on the security deposit and any prepaid rent to be paid within 7 days of receiving notice from the local government. The bill, sponsored by Representative Harry Osterman, targets landlords but fails to adequately address situations where conditions were caused by one or more tenants. Another serious concern is that the measure has no procedural due process built into the Act. We believe that current law has substantial provisions to address unsafe buildings. The Illinois Municipal Code grants a municipality the ability to seek an injunction requiring compliance with health and safety standards and the courts have broad discretion to secure such compliance. The Illinois law further requires hearings on these suits to be expedited by the court and gives them precedence over all other actions. This bill is pending in the House.

- The House Judiciary I- Civil Law Committee approved a number of bills on Wednesday. House Bill 4616, sponsored by Representative Mike Smith, adds a provision to the seller disclosure law to provide that a seller must indicate if they are aware that the property has been used for the production of methamphetamine. The IAR is NEUTRAL on this bill. House Bill 4999, sponsored by Representative Karen May, enacts provisions related to advertising by sending unsolicited faxes. The legislation mirrors existing federal law. An additional amendment has been filed to include provisions (also in federal law) regarding sending such information to a recipient with which the sender has an established business relationship which must include an opt-out toll free number. The IAR continues to review the legislation to ensure no additional or contradictory requirements have been added to the Illinois law. House Bill 5572, sponsored by Representative Kathy Ryg, will require a contractor for improvements of an owner-occupied single-family residence to give the owner written notice before filing a lien against any property of the owner. This bill is SUPPORTED by IAR. House Bill 5672, an initiative of the Cook County Sheriff sponsored by Representative Karen Yarbrough, amends the Code of Civil Procedure to require a party pursuing an eviction or foreclosure action in Cook County to list the names and ages of all known occupants including any child under the age of 14, any senior citizen over 65 and any person living in the dwelling with a disability. The bill is intended to assist the Sheriff to link individuals with social services. The members of the Committee indicated that further refinements were needed in the proposal and the sponsor indicated that she was continuing to work on the measure.

- On Tuesday, the House Fire Protection Committee approved House Bill 4683 and sent the bill to the full House for further consideration. This bill, sponsored by Representative Elaine Nekritz, creates the Fire and Life Safety Device Act to prohibit the manufacture, installation or sale of any “fake” smoke detector, sprinkler head, carbon monoxide alarm, and heat detector or any other similar life safety or fire protection device. The bill establishes penalties and permits inspection of the devices to ensure compliance with the Act. The IAR and the associations representing architects and the professional engineers continue to work with the sponsor to ensure that the bill does not have unintended provisions. The IAR is specifically reviewing the inspection provisions.

- On Tuesday, the House approved House Bill 4201 on a roll call vote of 107-1-1. The bill extends the term of the TIF in the Village of Downs by nine years. The bill has been sent to the Senate for their consideration. This bill is sponsored by Representative Keith Sommer and Senator Dan Rutherford. The IAR is NEUTRAL on this legislation.

- On Wednesday, the Senate Local Government Committee took action on two bills introduced by Senator Mike Noland at the request of the associations representing fire protection districts and fire departments. Senate Bill 2743 seeks to add a formula for the payment of costs to a fire protection district when a TIF is created. Currently a formula exists for certain TIF redevelopments for schools and libraries. The measure was opposed by the municipal lobby and the sponsor indicated that he would continue to work on the measure. Many members of the Committee expressed concern with the bill but agreed that the bill could advance to the floor to allow discussions to continue. The IAR will continue to MONITOR this legislation. Senate Bill 2745 would authorize all municipalities and fire protection districts that contain, in whole or in part, a university, college, or community college or that has a university, college, or community college within one mile of the boundaries of the municipality or fire protection district to inspect any rental property to ensure compliance with the fire and life safety codes. The IAR expressed its OPPOSITION to the bill which was advanced with the agreement that the sponsor would continue to work with the various parties.

- The House Registration and Regulation Committee advanced House Bill 5067 to the full House with the agreement that negotiations would continue between the appraisers, the financial lobby and the IAR. This bill, sponsored by Representative Skip Saviano, is the rewrite of the Real Estate Appraiser Licensing Act. The IAR has been in discussion with the sponsor and the appraiser group and will continue to seek resolution of our concerns. Also approved by the Committee was House Bill 5073 which made revisions to several regulatory acts, including clean-up provisions in the Auction License Act. The IAR is NEUTRAL on this bill.

- The House Housing and Urban Development Committee approved House Bill 5238 to permit the Chicago Housing Authority to participate as a partner or member of a partnership, limited liability company, joint venture, or other form of a business arrangement with a for-profit developer in the rehabilitation and development or ownership, or both development and ownership, of low-income and mixed-income rental and for-sale housing. The IAR is NEUTRAL on this bill.

- The House Local Government Committee approved two measures of interest to IAR on Wednesday. House Bill 5282, sponsored by Representative Chuck Jefferson, was an initiative of the city of Rockford to add language to the Municipal Code related to nuisances. However, the IAR believes that the language is unnecessary and duplicative of current law. The sponsor is unlikely to move the bill on the floor. Another measure, House Bill 4545 sponsored by Representative Aaron Schock, is a companion bill to Senate Bill 2033. Both create a new section within the Counties Code to grant authority to Peoria County to create a stormwater management committee. The county board is authorized to impose fees (cannot exceed the cost of satisfying onsite stormwater retention or detention requirements) and levy either a property tax OR a sales tax IF APPROVED BY THE VOTERS. Tax abatements, rebates or incentives shall be offered to developers who construct, maintain and use approved stormwater devices. Developers are exempt from any fees if the new development satisfies onsite retention or detention pursuant to any other local ordinance addressing erosion, sediment or stormwater control and IEPA regulations that place the development into compliance with the NPDES permit program at the time of the dedication of public infrastructure. The county board can also issue general obligation bonds for implementing a stormwater plan. The IAR is NEUTRAL on both measures.

- On Thursday, the Senate Revenue Committee approved Senate Bill 2298 and sent the bill to the full Senate for further consideration. This bill, sponsored by Senator Mike Jacobs, extends the life of the TIFs in the village of Milan and the city of West Frankfort. The IAR is NEUTRAL.

- Senate Bill 2820, sponsored by Senator Michael Bond was also approved on Thursday in the Senate Revenue Committee. This measure SUPPORTED by the IAR will greatly enhance the information provided to residential property taxpayers regarding the assessment of their property and rules and regulations for appealing an assessment. Each chief county assessment officer (except in Cook County) would be required to provide a Homestead Assessment Disclosure Document each year with specified information. The board of review must also provide detailed information when a complaint is filed. While the legislation specifically exempted Cook County Senator Matt Murphy, a member of the Committee from Palatine urged the sponsor to review the bill and determine if certain elements could be incorporated for Cook County as well.

- The House Personnel and Pensions Committee heard testimony on House Bill 4905, an initiative of the Illinois Municipal League to require a detailed analysis of how various pension bills for police and fire personnel impact municipal budgets. The analysis would be done by the General Assembly’s Commission on Government Forecasting and Accountability. The IAR is currently reviewing this proposal since many municipalities face significant budget problems due to police and fire pensions- paid for by property tax proceeds.

- This week the House Executive Committee unanimously approved HJR111, sponsored by Representative John Fritchey. The joint resolution creates “The Joint Committee for the Constitutional Convention Proposal” and directs the Committee to prepare the materials related to the question of calling a constitutional convention that is required to be on the November 2008 ballot. The Committee is to be made up of members of the General Assembly- 2 members each appointed by the Speaker, House Minority Leader, President, and the Senate Minority Leader.

- Also this week the House State Government Administration Committee unanimously approved HJRCA 28 which seeks to amend the Suffrage and Elections Article of the Illinois Constitution to allow for recall elections for the State executive branch officers, members of the General Assembly, and judges of the Supreme, Appellate, and Circuit courts. For this constitutional amendment to be placed on the ballot, both the House and Senate must approve this joint resolution by an extraordinary 3/5 vote. The question would then be placed before the voters and for it to take effect; it must be approved by either 3/5 of those voting on the question or a majority of those voting in the election.

- The General Assembly is scheduled to be in session next week Tuesday, March 11-Thursday, March 13th. Thursday marks the deadline date for the consideration of bills in committee.

- Senator Sieben, a well-liked and effective legislator who has served in the Illinois State Senate since 1993 and served in the Illinois House of Representatives prior to his election to the Senate (1987-1993) has decided to retire early and has resigned from the Senate. The IAR extends our well wishes to Senator Sieben- we will miss him! Senator Sieben had earlier announced he would not seek re-election in 2008. Tim Bivins, a Republican from Dixon who won the February 5, 2008 Republican primary for the open seat in the 45th Senate District is expected to be selected to fill the vacancy.




For more information, contact Greg St. Aubin, Director of IAR Governmental Affairs, gstaubin@iar.org, or Julie Sullivan, Assistant Director, Legislative and Political Affairs, jsullivan@iar.org.

Contact information for members of the House and Senate, notice of committee hearings, text of legislation and roll call votes are all available on the Illinois General Assembly’s Web site, www.ilga.gov.