The legislature went home on May 7th, at the 'call of the chair' without both chambers passing a final budget. This verbiage means that either chamber can convene without the other. Why? Because, in this instance, the Senate has passed the budget and the enacting language to go along with it, but not the House. Since members in the House (specifically the Democratic members) do not have the votes to pass the identical language they will likely come into session for a longer period of time to debate and hopefully reach consensus. The Senate will reconvene only if the House makes changes to the bill language they have already passed. Once again, we are at the end of the scheduled legislative session with no budget in sight.
The following is a summary of legislative issues of prime concern to IRPOA. This is by all means not inclusive of all legislative proposal IRPOA lobbyists tracked and impacted. For those that have passed both chambers, the legislators have 30 days to send it to the Governor and then he has 60 days to either sign it into law or recommend some type of veto.
HB5224 (Rep. Dan Reitz); would have created the Tenant Radon Protection Act. This legislation stated that the landlord would provide the tenant with an Illinois Emergency Management Agency radon guide for tenants; a landlord would have had 30 days to obtain a radon test after a tenant's notification of a test revealing radon; provided that a measurement by a radon contractor would be valid for 5 years; and deleted provisions concerning the termination of a lease. As amended, this bill would have strongly recommended testing and mitigation, but did not mandate it. This bill passed out of the House and died in the Senate.
HB5421 was sponsored by Rep. Deborah Mell and opposed by IRPOA, the language provided that if a sex offender resided in a multi-unit dwelling, the owner, landlord, or management of the multi-unit dwelling shall notify residents of the multi-unit dwelling that sex offenders reside in the multi-unit dwelling. Provided that if a sex offender intends to reside in the multi-unit dwelling, notice shall be given before the sex offender moves into the multi-unit dwelling. It provided that it is the duty of the owner, landlord, or management of the multi-unit dwelling to periodically check the Statewide Sex Offender Database to determine if sex offenders reside within the multi-unit dwelling. Provided that an owner, landlord, or management of a multi-unit dwelling is immune from from criminal or civil liability for an act or omission made in good faith in reliance on the information in the Statewide Sex Offender Database. This bill died in the House.
HB5523 (Representative Karen Yarbrough) amends the Code of Civil Procedure. Provides that it is an affirmative defense to a forcible entry action if the demand for possession is based on: the status of the tenant, lessee, or household member as a victim of domestic violence, dating violence, stalking, or sexual violence; an incident of domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member; or criminal activity engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control directly relating to domestic violence, dating violence, stalking, or sexual violence and against the tenant, lessee, or household member. Provides that the existence of the affirmative defense does not prevent a landlord from seeking possession solely against a tenant, household member, or lessee who perpetrated the violence. This bill passed both chambers.
HB6257 (Representative Anthony Deluca) this piece of legislation provided that the corporate authorities of any municipality may license and regulate landlords, as defined by the corporate authorities of the municipality, within that municipality. This bill passed out of the House and died in the Senate.
HB6439 (Rep. Ken Dunkin); provides that the Illinois Bed Bug Task Force is created within the Department of Public Health. Provides that the Department shall provide staff and administrative support to the Task Force. Provides that the Task Force shall make recommendations concerning the prevention and treatment of bed bug infestations; standards for the disposal of infested items; certification of pest management professionals; and the development of public education materials. Provides that the Task Force shall consist of 10 members appointed by the Governor. Sets forth criteria for Task Force membership. Provides that the Task Force shall report its findings to the General Assembly on or before January 1, 2011. This bill passed both chambers.
HB4766 introduced by Rep. Jim Sacia, would have amended the Elevator Safety and Regulation Act. The legislation provided that the Act, with the exception of a new provision, shall not apply to any county in the State other than the counties of Cook, DuPage, Kane, Lake, McHenry, and Will. Provides that any county other than the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, and any municipality that lies within any county other than the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, may set up its own inspection system for elevators and lifts by local ordinance. This bill died in the House.
Senator Duffy introduced SB3614 and Representative Ron Wait introduced companion bill HB6207. This legislation would have amended the Code of Civil Procedure and provided that a person entitled to possession of land or a building may be restored under several identified circumstances, including: when a forcible entry is made, entry and restoration of possession may be made under the supervision of a law enforcement officer or an employee of a private security agency certified under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor and Locksmith Act of 2004 (instead of when a forcible entry is made). At the request of IRPOA, Senator Duffy and Representative Wait both held the bill in order for IRPOA to meet with the opponents; meetings are still taking place and we are hopeful that we seek resolution to some of these issues without legislative action.
HB5290 supported by IRPOA and sponsored by Representative Franco Coladipietro. Some counties in Illinois restrict the use of private process servers. This bill will limit that restriction and it establishes a system for service to individuals detained in a correctional facility. This bill is currently in the House on the order of concurrence for Senate Amendments 1 and 2.
Introduced on behalf of IRPOA by Senator Bill Haine, SB3564 amended the Illinois Municipal Code. In provisions concerning sanitation code violations, it provided that a violation notice and report form shall state that if compliance cannot be completed prior to the hearing date, then the respondent shall provide to the sanitation inspector a proposed date by which the violations will be corrected. Provided that, if a municipality gives notice of a sanitation violation by mail, then the municipality shall send a copy of the violation notice and report form to the address appearing on the property tax records. Provided that it is an affirmative defense to a sanitation code violation if the property or portion of the property where the violation occurred is under the control of a lessee or contract buyer responsible for maintaining the property and the leasehold interest or agreement for deed is being terminated. In provisions concerning nuisance liens for (i) cutting and removing neglected weeds, grass, trees, and bushes, (ii) controlling pests, (iii) removing infected trees, and (iv) removing garbage and refuse, it defined "reasonable notice" of a nuisance violation. Included refuse in the provisions concerning the removal of garbage from private property located within the municipality. In provisions authorizing municipalities to provide pest-control activities on private property located within the municipality, removes undesirable arthropods and mice from the definition of "pests". Due to opposition the bill was held in the Senate; IRPOA will continue to work on this issue and plans to reintroduce this again next spring.
Opposed by IRPOA, SB3075, introduced by Senator Maggie Crotty, provided that the corporate authorities of a non-home rule municipality may adopt a crime-free rental housing ordinance for the purpose of deterring crime in residential areas. It Provided that a crime-free rental housing ordinance may require a property owner to obtain a valid residential rental license from the municipality and to attend a training program or seminar concerning crime prevention before he or she may obtain a residential rental license. The language provided that an ordinance may require that any lease entered into for residential property located in the municipality include a provision or an addendum that prohibits a tenant, a tenant's family member, or a guest of the tenant from engaging in, facilitating, or permitting any quasi-criminal or criminal activity as defined by federal, State, or local law. This bill died in the Senate.
Veto Session: is the week before and the week after Thanksgiving. Recall it is a time the legislators can vote to over-ride a Governor's veto or Amendatory Veto. Other issues can be called for a vote during this time frame, but 6 days is often not long enough to overcome major opposition.
Prepared by Debbie Broadfield, Lobbyist, IRPOA Consulting4Biz, Inc.