SB 2153 – Negative Use Restriction Act – This bill would have prohibited private agreements, between property owners and grocery and drug stores, placing prohibitive covenants on property, so that if the stores leave, no other grocery or drug store may take their place. IL-APA supported this bill as it grants more flexibility on adaptive re-use. Unfortunately, it seems to have died in Rules.

SB 1727 – Residential Inspection Ordinance – This bill would have prohibited municipalities from holding up the sale of residential property on the basis that a required inspection has not been completed or that code violations have not been corrected. IL-APA opposed this legislation. It passed the Senate, but died in House Rules. This was the second time the language of this bill has been brought forward. Keep on eye out for a revival next session.

SB 91 – Mobile Home Park Act – This bill would have amended the Mobile Home Park Act and affect local jurisdictions from governing setback and separation requirements and minimum square-footage standards. HB 4651 was similar legislation which the Governor vetoed last year. IL-APA opposed this legislation. It died in Senate Rules. Keep on eye out for another revival next session.

HB 3641 – DCEO-Community Grants – In provisions concerning rural community development, this bill would have required the Department of Commerce and Economic Opportunity (DCEO) to develop a program to make grants to municipalities and counties to fund local development organizations. Of course, no appropriations were provided. This bill was supported by IL-APA. It passed the House; it died in Senate Rules.

For Bills supported by APA, please contact your local legislators to see if these can be revived next session. And, for those opposed, we should be educating our legislators on why this is poor legislation for Illinois.

HB 4147 – Central Illinois Economic Development Authority – Creates the Central Illinois Economic Development Authority for Macon, Sangamom, Menard, Logan, Christian, Bond, DeWitt and Montgomery Counties, to help promote economic development in those areas. This is supported by IL-APA. It passed both houses of the Assembly on April 5, 2006. We encourage our members to contact the Governor for his signature.

SB 2290 – Illinois Comprehensive Housing Planning Act – Calls for state departments to work with the Illinois Housing Development Authority and municipalities to make sure state and local plans and dollars are efficiently connected to spur the preservation and creation of affordable, workforce housing. By passing the Comprehensive Housing Planning Act, the state will continue its momentum to link state spending in key areas such as economic development, transportation and human services to support affordable housing. This bill is supported by IL-APA. It passed both houses of the Assembly on April 6, 2006. We encourage our members to contact the Governor for his signature.

SB 2885 – Locations Matter Bill – provides incentives for employers to consider and invest in housing options for the local workforce. This effort represents just one example of how the Comprehensive Housing Planning Act would align state spending. This legislation would allow the Department of Commerce and Economic Opportunity (DCEO) to make the most efficient use of limited state funds while assisting businesses investing in workforce stability – such as employer-assisted housing or transit programs.. This bill is supported by IL-APA. It passed both houses of the Assembly on April 3, 2006. We encourage our members to contact the Governor and encourage his signature.

Now, for some really good news…..

SB 94 – Zoning Decisions – This bill amends the Illinois Municipal Code and effectively reverse the Illinois Supreme Court’s assertion, in the Klaeren decision, which stated zoning actions were administrative. This bill was strongly supported by IL-APA. It passed the Senate; it was modified in the House and sent back to the Senate for concurrence. It has now passed both Houses and will be sent to the Governor for his signature.

But, on the Eminent Domain Front….

Most of the bills entered including SB 2683, SB 2746 and HB 4091 died in Rules.

SB 3086, the Eminent Domain Bill, on the other hand, passed the Senate on March 2, 2006. It was sent to the House. There it was gutted and replaced with two amendments, which effectively re-wrote eminent domain law in Illinois. The big picture of the bill is to change (through a rewrite and added language): the procedures, authority to condemn, expenses of condemnation relocation costs, limited attorneys’ fees and expenses for landowners, burdens of proof, and valuation dates of property. It should be noted that in two areas the existing 2006 eminent domain law will still apply: the O’Hare Modernization Act and any existing Tax Act Increment Allocation Redevelopment Plans adopted prior to April 15, 2006. If signed, the effective date of the legislation would be January 1, 2007. It passed the Senate; it was modified in the House and sent back to the Senate for concurrence. It has now passed both Houses and will be sent to the Governor for his signature.

IL-APA contends that changes to the State’s eminent domain legislation are unnecessary. However, eminent domain use, and any modifications of its procedures and policies, must follow a public purpose and must be derived from a publicly developed plan. Since the effective date of these changes isn’t until January, 2007, there may still be time to work on additional modifications to the legislation next year.

Please contact the Governor, and your legislators, regarding SB3086 and SB94 – make your voice heard!