The 94th General Assembly continued
to look at a number of planning initiatives over the first half of
the year. The scheduled adjournment of April 7 was extended
because of budget talks; as a result, some last minute issues have
been discussed. While some bills died, they may rise again. Others
passed and should be sent to the Governor soon. Be sure to read
all about the latest in Eminent Domain and the reversal of the
Klaeren decision. Here’s a round-up of what’s been happening in
Springfield: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!
