ILAPA News BLAST!  May-June  Edition Number 85
Legislative Update by Sharon Caddigan, AICP

The last two months of the legislature are always a flurry of activity. Key deadlines that have passed included dates to pass Bills out of the floor (3rd Reading). 

Upcoming next month is the crunch – Bills make it, lose it or are sent for reconsideration next session. Deadlines include: House Bills that passed, and are in Senate Committee, must pass out of Committee by May 10; Senate Bills that passed, and are in House Committee, must be passed out of Committee by May 18. The deadline for 3rd Reading of House Bills is May 25; where 3rd Reading for Senate Bills is May 31. The legislature adjourns on May 31.

On the Senate side – the following bills have passed and been sent to the House:

  • SB 382 – Design Review Ordinances – This Bill would amend the Zoning statutes in the Illinois Municipal Code to expressly authorize municipalities to enact design review ordinances. IL-APA supported this bill as originally introduced. An amendment to the Bill, however, gutted the majority of the language which promoted more holistic design review. The Bill, as amended and passed, still resolves the conflict of allowing communities to establish design review ordinances. However, it prohibits utilities and billboards from regulation by such ordinances or commissions. It simply allows such ordinances and commissions to be established. IL-APA still supports municipalities’ rights to establish such ordinances and committees; it does not support restricting those areas of consideration pertinent to their interest, however.
  • SB 473 – Annexations – Provides that when land is proposed to be annexed to a municipality, the corporate authorities must notify any affected school districts in writing. 
  • SB 573 – ASLA Licensure Act – ASLA was seeking an amendment from a registration to a licensed profession under IL State Law. The Bill, as introduced, included language, which exempted planners from performing essential duties. This Bill has basically been gutted, except for continuing education requirements. It is acting as a placeholder for the moment. With provisions exempting planning from the scope, IL-APA does not oppose this bill.
  • SB 1242 – Illinois Cool Cities Act – Requires the IEPA to give technical assistance to local governments that have endorsed the US Conference of Mayors Climate Protection Agreement. IL-APA supports this bill.

These Senate Bills have 3rd Reading extensions and may be considered in May:

  • SB 314 – Transportation Planning – Provides that bicycles and pedestrian ways shall be given full consideration in the planning and development of transportation facilities. IL-APA supports this bill.
  • SB 1493 – Disconnections – Restricts disconnections by imposing contiguity parameters, public hearing requirements, impact of public health and zoning, and development trends.

On the House side – the following have passed and been sent to the Senate:

  • HB 620 – Zoning Wind Farms – Allows municipalities to zone and regulate wind farms and test towers, including where to be sited; grandfathers existing farms. IL-APA supports this bill.
  • HB 3597 – Annexation of Non-Contiguous Land – This addresses pre-annexation agreements in Boone, DeKalb, Kendall, Grundy and Kankakee Counties outside of the 1½ mile extraterritorial planning jurisdiction. Municipalities that enter into pre-annexation agreements outside of their jurisdiction can do so (and impose ordinance controls and regulations), unless the County Board chooses to adopt an ordinance or resolution that would restrict such jurisdiction (i.e. zoning or building code enforcement). This would, however, require a 2/3 vote of the County Board.
  • HB 898 – Partial Census – Home Rule – Requires the Secretary of State to use a partial census tally to certify if a municipality has exceeded 25,000 to gain Home Rule status; it allows municipalities, which conduct Partial Census to determine if population exceeds 25,000 to use such Census for determination of Home Rule. Language is currently unclear. IL-APA supports this bill.
  • HB 334 – Municipal Annexations - This Bill adds an allowable basis for when a municipality may forcibly annex territory containing 60 acres or less.  Specifically, this legislation will allow such annexation for municipalities located in DuPage County to occur if the land is partially bounded by a railroad or operating property.  This would prohibit this type of annexation if the territory is used for agricultural purposes.  Note: While this bill passed the House; when it was referred to Senate Committee it was postponed.
  • HB 2473 – Revenue (1% Local Planning Fund) – This Bill would take a percentage of certain revenue taxes (mostly Hotel Operators’ Taxes) and divert to other use funds. Majority of funds are targeted for Tourism Fund (12%). Yet, includes a proposed 1% of annual revenues collected to go to the Local Planning Fund. This would provide the first potential funding of the Local Technical Planning Assistance Act. IL-APA supports this bill. If you would like to show your support for this bill, click here to view a sample letter that YOU can e-mail your state representative (see links below to find your state representative).

These House Bills have 3rd Reading extensions and may be considered in May:

  • HB 1622 – Planning – Residential Lot Sizes – This Bill allows municipalities to include residential lot sizes within their comprehensive plans; it is an initiative of Barrington Area Council of Government.
  • HB 3620 – Billboard Regulations: Adult Entertainment – This Bill would require companies advertising adult entertainment cabarets or sexually oriented businesses to note restrictions for minors and prohibit locations to certain areas.
  • HB 2303 – Impact Fees – This Bill would require all municipalities to conduct a study on the impact of development on all taxing bodies; provide notification to the Department of Commerce and Economic Opportunity (DCEO) and require DCEO to compile and publish, on an annual basis, the result of this information. As proposed, IL-APA does not support this bill.

Keep abreast of planning legislation! Visit APA’s site at www.planning.org for a comprehensive round-up of federal activities. Visit www.ilga.gov for the status on state legislation. Keep an eye on our website www.ilapa.org for updates that affect you. We encourage all of our members to contact their legislators. Let them know how you feel about these and other planning issues.

 

   
 

 
   
  Sharon Caddigan, AICP
Village of Streamwood
301 E. Irving Park Road
Streamwood, IL 60107-3096
Phone: 630.837.0200 ext 350
Fax: 630.837.5960
legislative@ilapa.org
 
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