“Property is the fruit of labor; property is desirable; it is a positive good in the world.”~Abraham Lincoln
The General Assembly was in session Tuesday April 15-Thursday, April 17 this week. Of particular note was the fact that the House of Representatives extended its deadline for final consideration of House bills to May 9th. This date had originally been April 18th. The Senate, however, kept its original April 17th deadline date.
- On Tuesday, the House of Representatives approved House Bill 4196 on a roll call vote of 111-2-0. The bill, sponsored by Representative Harry Osterman, extends the date for the submission of the report of the Condominium Advisory Council to January 31, 2009. IAR was NEUTRAL on this proposal which has been sent to the Senate for their consideration.
- The Senate two measures this week related to quick-take eminent domain powers. Senate Bill 2501, approved on Tuesday, grants the requisite legislative authority for the village of Lake in the Hills to use quick-take eminent domain power for a one-year period for the acquisition of property for the construction of a runway at Lake in the Hills airport. The bill is sponsored by Senator Pam Althoff and Representative Mike Tryon. Senate Bill 2207, approved on Thursday, grants quick-take eminent domain powers for a period of one year to the County of DuPage for the Huffman Street Flood Control Project. This measure is sponsored by Senator Randy Hultgren.
- The Senate also on Tuesday unanimously approved Senate Bill 2677, to require a municipality to provide notification of a planned annexation to the taxpayers within the territory. As we reported last week, notice is currently required to be published in a newspaper of general circulation within the territory not less than 10 days before the passage of the annexation ordinance and is also sent to the township supervisor. This bill would add the requirement that the municipality, not less than 15 days before the passage of the annexation ordinance, serve written notice in person or by certified mail on the taxpayers within the territory. The bill also provides that once notice is given no other municipality may annex the proposed territory for a period of 60 days from the date the notice is mailed or delivered to the taxpayers. IAR SUPPORTS this legislation which has been sent to the House for their consideration.
- On Tuesday, the House Revenue Committee advanced a few measures of interest. House Bill 4548, sponsored by Representative Ed Sullivan, extends the life of the Tax Increment Financing (TIF) District, for the village of Libertyville. House Bill 2426, sponsored by Representative Art Turner, amends the Illinois Housing Development Act with respect to tax credits. Under current law IHDA or an agency of the city of Chicago which reserves tax credits for an affordable housing project must record an instrument to assure that the property maintains its affordable housing compliance for a minimum of 10 years. HB 2426 permits an earlier release of the instrument as long as there are an equal or greater number of rental units of equal or lesser rent available to all tenants of the project prior to or simultaneous with the release. These units are required to be in the immediate vicinity of the project. A new instrument is required to be recorded against the replacement units to assure affordable housing compliance for the remainder of the original 10-year period. These bills have been sent to the full House for further consideration.
- On Tuesday, the Senate Local Government Committee had a lengthy discussion on a well intended but controversial measure seeking to authorize fire personnel broad inspection powers for student rental housing. Senate Bill 2745, sponsored by Senator Michael Noland was OPPOSED by IAR. IAR testified that the measure was overly broad and overreaching. The sponsor decided to not call the bill for a vote as several Senators expressed reservations with the measure. The sponsor pledged to the committee members that he would continue to work with IAR and other opponents in an effort to reach a consensus on a more narrowly-focused alternative bill.
- The Senate also approved Senate Bill 2828 this week on a roll call vote of 43-7-1. This bill, sponsored by Senator Iris Martinez, requires a title insurance company in each residential mortgage loan transaction to file with the Secretary of Financial and Professional Regulation the names and license or registration numbers of each financial institution, residential mortgage licensee, loan originator, real estate appraiser, real estate licensee, and closing agent involved in the transaction. IAR was NEUTRAL on this legislation which has been sent to the House for their consideration.
- On Wednesday, the House approved House Bill 4545, a measure that grants authority for Peoria County to create a stormwater management committee on a roll call vote of 72-43-0. Under the new section added to the Counties Code, the Peoria County Board is authorized to establish a stormwater management planning committee and may prescribe rules and regulations for floodplain management and for stormwater runoff. The county board can impose fees but the fees cannot exceed the cost of satisfying onsite stormwater retention or detention requirements. Credits or a reduction in fees must be provided to developers who construct facilities for onsite retention or detention. The county board is also given the authority to 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 is also authorized to issue general obligation bonds for implementing a stormwater plan. IAR is NEUTRAL on this measure which has been considered in prior legislative sessions. The bill has been sent to the Senate for their consideration. In related action, the Senate approved Senate Bill 2033, a measure with the same stormwater provisions plus included authority for Peoria County to establish an economic development project area- which in effect is a countywide TIF district. The bill was approved on a roll call vote of 40-16-0.
- Also on Wednesday, the House approved House Bill 5195 on a contested roll call vote of 67-48-0. Under the provisions of current law, if there is unincorporated territory within 1½ miles of the boundaries of two or more municipalities with zoning plans, the corporate authorities may agree upon a boundary line to mark the boundaries of each of the jurisdictions. House Bill 5195 changes the distance requirement to 3 miles. IAR had OPPOSED this measure due to concerns on the potential impact on private property owners residing in the territory of the boundary dispute. The bill is sponsored by Representative Mike Tryon and Senator Pam Althoff.
- On Wednesday evening the Senate approved Senate Bill 2052 on a roll call vote of 41-15-0. This bill, sponsored by Senator Bill Haine, creates the Flood Prevention District Act for the counties of Madison, Monroe and St. Clair. These counties are authorized to establish a flood prevention district for the purpose of performing emergency levee repair and flood prevention. The affected counties are also authorized to join together by intergovernmental agreement. A governing board of commissioners would be appointed by the county board to carry out the functions of the district- the legislation specifies that at least one of the commissioners shall reside or own property that is located within a floodplain situated in the jurisdiction of the district. The county board is also authorized to impose a sales tax (0.25%) upon determination that an emergency situation exists regarding levee repair or flood prevention. IAR SUPPORTS SB 2052 which has been sent to the House for their consideration.
- Senate Bill 2110 was also approved on Wednesday evening in the Senate. This measure, sponsored by Senator A.J. Wilhelmi, creates the Uniform Environmental Covenants Act. This legislation provides that an owner of real property may voluntarily enter into an environmental covenant with an agency and, if appropriate, one or more holders. The covenant must be recorded and it is subject to the laws governing recording and priority of interests in real property. The purpose of the Act is to control the future use of brownfield sites for the protection of health and to the environment. An environmental covenant restricts activities on sites where some contamination remains in place despite tax lien foreclosure, adverse possession, marketable title statutes and other common law doctrines that might otherwise extinguish an intended land use control. IAR appreciates the efforts of the sponsor, Senator Wilhelmi, to address concerns that we had with the original proposal which were addressed by Senate Amendment #3.
- The House Judiciary I- Civil Law Committee acted on amendments on two bills of interest on Thursday. House Amendment #2 to House Bill 5189 rewrote the provisions of the bill. As amended, the legislation makes changes to the Condominium Property Act with respect to contents of bylaws, powers and duties of the Board of Managers. The new language will provide that if an association that currently permits leasing amends its declaration, bylaws, rules or regulations to prohibit leasing a unit owner leasing his/her unit at the time of the prohibition may continue to do so, until the owner voluntarily sells the unit. The amended bill will also prohibit the association from assessing special fines, fees, dues or penalties for leasing a unit. Identical language is added with respect to common interest communities and homeowners associations. IAR is NEUTRAL on this legislation. House Amendment #2 to House Bill 5503 made further changes to the Real Estate Timeshare Act to further clarify provisions requiring that resale agents be licensed under the Real Estate License Act. IAR SUPPORTS this amendment and legislation. Both bills are pending in the House.
- Also on Thursday, the House Insurance Committee further amended and advanced House Bill 4647. This bill, sponsored by Representative David Leitch is intended to enhance knowledge of those properties where a claim has been made for mine subsidence. While IAR has concerns with the new provisions, the sponsor and committee members pledged that they would continue to work toward a consensus on the final provisions.
- The Senate took final action on Senate Bill 2786 on Thursday, approving the bill on a roll call vote of 51-0-2 with the understanding that the measure was “a work in progress”. This bill, sponsored by Senator Don Harmon, is an initiative of the Land Title Association related to disbursements of funds. IAR has raised questions regarding a few of the definitions in the legislation and we will continue to discuss those with the sponsors and proponents. IAR is NEUTRAL on the bill.
- Also on Thursday, the Senate approved Senate Bill 1998 with the acknowledgment that there would be further amendments in the House. The measure, sponsored by Senator Jacqueline Collins and Representative Karen Yarbrough, creates the Homeowner Protection Act related to foreclosures. The bill includes disclosure information related to consumer rights for those in foreclosure proceedings, requirements on lenders and new enforcement provisions for the Secretary of the Department of Financial and Professional Regulation. The bill also contains provisions related to multistate automated licensing of residential mortgage licensees. IAR is NEUTRAL on this legislation.
- House Bill 5790, amending the Lead Poisoning Prevention Act, was overwhelmingly approved by the House on Thursday on a roll call vote of 106-8-0. The bill, as amended provides that the Department of Public Health shall create, maintain, and make available to the public a Hazardous Housing Registry that will provide information regarding all properties within the State for which a mitigation notice has been issued pursuant to this Act. The bill as passed the House included language requested by IAR to ensure that the owner is given a reasonable period of time to comply with an order to mitigate a lead hazard before that property is put in the Registry. IAR is NEUTRAL on this measure sponsored by Representative Harry Osterman.
- Senate Bill 2584, sponsored by Senator Pam Althoff and SUPPORTED by IAR, was approved by the Senate this week and sent to the House for their consideration. This bill amends the Special Service Area (SSA) Tax Law within the Property Tax Code to further enhance the ability to object to the creation of a SSA. IAR SUPPORTS this measure and will continue efforts to attach another amendment to address restrictive covenants regarding SSA assessments.
- Senate Bill 2626 was approved this week by the Senate with the agreement by the sponsor and the proponents that the bill would be amended in the House to remove objectionable provisions regarding private enforcement actions. This measure amends the Illinois State Agency Historic Resources Preservation Act regarding properties, both public and private, that are subject to the Act. IAR appreciates the efforts of the sponsor, Senator Dan Cronin, to ensure that the record was clear regarding our concern.
- Senate Bill 2128 was another measure advanced this week with the understanding that further amendments would have to be attached to the bill in the House. The bill provides for the licensing of community association managers, including condominium managers. IAR has been in ongoing discussions with proponents of condominium manager licensing to craft a proposal that is satisfactory to all parties. The bill is sponsored by Senator John Cullerton and Representative Elaine Nekritz.
- Also this week the Senate approved Senate Bill 2287, sponsored by Senator Kwame Raoul and OPPOSED by IAR. The bill makes changes to the Safe Homes Act, a law first enacted in 2006 to provide victims or potential victims of domestic or sexual violence with the ability to break their lease and/or change the locks on their apartment if they were under a credible imminent threat of domestic or sexual violence. At the time of its enactment, IAR cautioned against the repeated amendment of the Safe Homes Act. We feel that adding more and more penalties, requirements and restrictions on landlords may lead landlords to view victims of domestic or sexual violence as risky and problematic tenants. Despite these concerns, and even though the Act just became effective January 1, 2007, it was amended in 2007 to provide for damages to tenants who demand a lock change under the Act that don’t get a key within 48 hours, to add oral leases, and to allow victims to lock out co-tenant perpetrators. SB 2287 proposes to expand the Act again to allow tenants to recover a minimum of $2,000 plus attorney’s fees from a landlord if the landlord shares “any information provided by the tenant” in exercising his or her rights under the Act to a prospective landlord. We believe that continuing to add new penalties on landlords may make landlords wary of renting to victims. As a result, the Safe Homes Act may unintentionally serve to stigmatize victims of domestic and sexual violence in the residential rental market. The bill has been sent to the House.
- Senate Bill 2063, sponsored by Senator Debbie Halvorson, was approved this week in the Senate and sent to the House on a roll call vote of 45-7-0. The bill creates the South Suburban Airport Authority Act to create the governmental entity that will be responsible for the development of the airport in Will County. Concerns were raised about the overly broad eminent domain powers and the sponsor indicated that she would address this and other concerns in further amendments in the House.
- Senate Bill 2820 was overwhelmingly approved this week by the Senate on a roll call vote of 53-1-0. This measure SUPPORTED by IAR was modified from its original version but still enhances the information provided to residential property taxpayers regarding the assessment of their property and rules and regulations for appealing an assessment. The bill is sponsored by Senator Michael Bond and Representative Fred Crespo.
- The Senate Executive Committee held a raucous hearing this week on the proposed constitutional amendment to allow for the recall of constitutional officers and members of the General Assembly. It was not advanced out of the Committee this week as the sponsor indicated that further amendments were needed. The measure must be approved (in the same form in both chambers) by May 4th to be on the ballot in November.
- Thanks to a knowledgeable reader we pass along the following comments to correct an item we reported on in error in last week’s ”Quorum Call: Week in Review” regarding a measure signed by the Governor on the popular vote of the President:
“Not all 50 states must pass the National Popular Vote bill. The proposed compact would come into effect after it is enacted by states collectively possessing a majority of the electoral votes (i.e., 270 of the 538 electoral votes). Electoral College delegates from the states in the compact all would guarantee their votes for the winner of the most popular votes in all 50 states (and the District of Columbia), for the 270 minimum needed electoral votes to win the presidential election. The Electoral College would not be abolished by the National Popular Vote. According to their website, nationalpopularvote.com, one-sixth of the state legislative chambers in the U.S. (a total of 16) have passed the bill in the past two years. The bill has been signed into law in Illinois, Maryland and New Jersey and is on the Governor’s desk in Hawaii (SB 2898). The bill has passed one house in Arkansas, Colorado, North Carolina, Maine, Vermont, and Washington, and both houses in California, Hawaii, Illinois, Maryland, and New Jersey. The bill is currently endorsed by 807 state legislators—370 sponsors (in 47 states) and an additional 437 legislators who have cast recorded votes in favor of the bill.”
- IAR extends its condolences to the family of former State Representative L. Bruce Richmond who died April 13, 2008. Richmond served 18 years in the Illinois House, retiring in 1993.
- The General Assembly will not be in session next week due to Passover. The General Assembly will reconvene on Tuesday, April 29th and the next “Week in Review” will be sent on Friday, May 2nd.
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.
Monday, April 21, 2008
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