SB1547sam001 99TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 3/16/2015

09900SB1547sam001 LRB099 10920 AWJ 32228 a

AMENDMENT TO SENATE BILL 1547

AMENDMENT NO. ______. Amend Senate Bill 1547 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1005.10 as follows:

(55 ILCS 5/5-1005.10 new)

Sec. 5-1005.10. Ordinances penalizing tenants who contact police or other emergency services prohibited.

(a) Definitions. As used in this Section:

"Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services.

"Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act.

"Domestic violence", "landlord", "sexual violence", and "tenant", have the meanings provided under Section 10 of the Safe Homes Act.

"Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act.

"Emergency situation" means a threat of, or events causing, physical harm or death to a person or damage or destruction to property.

"Penalizes" includes, but is not limited to:

(1) assessment of fees or fines;

(2) revocation, suspension or nonrenewal of any license or permit required for the rental or occupancy of any dwelling unit;

(3) termination or denial of a subsidized housing contract or housing subsidy; and

(4) termination or nonrenewal of a residential lease agreement.

"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure.

(b) Protection. No county shall enact or enforce an ordinance or regulation that penalizes tenants or landlords based in whole or in part on contact made to police or other emergency services, if:

(1) the contact was made with the intent to prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or any other emergency situation;

(2) the contact was made with the intent to respond to domestic violence, sexual violence, criminal activity, or other emergency situation;

(3) the intervention or emergency assistance was needed to respond to or prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or other emergency situation; or

(4) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.

(c) Repeal or modification of ordinances. Should a county have enacted an ordinance that is inconsistent with subsection (b) of this Section prior to the effective date of this amendatory Act of the 99th General Assembly, the county shall within 90 days of the effective date of this amendatory Act of the 99th General Assembly repeal the ordinance or modify the ordinance so that it is in compliance with subsection (b) of this Section.

(d) Remedies. If a county enacts, enforces, or fails to repeal or modify an ordinance or regulation against a tenant or landlord in violation of subsections (b) or (c), the tenant or landlord may bring a civil action to seek any one or more of the following remedies:

(1) an order invalidating the ordinance or regulation in whole or in part to the extent required to bring the ordinance or regulation into in compliance with the requirements of subsection (b);

(2) compensatory damages;

(3) reasonable attorney fees and court costs; and

(4) other equitable relief as the court may deem appropriate and just.

(e) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(f) Effect.

(1) Nothing with respect to this Section limits enforcement of Section 15.2 of the Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, and Article IX of the Code of Civil Procedure.

(2) Nothing in this Section shall be interpreted to limit or prohibit any county from enacting or enforcing an ordinance that does not penalize landlords or tenants on the basis of contact made to police or other emergency service.

Section 10. The Township Code is amended by adding Section 85-56 as follows:

(60 ILCS 1/85-56 new)

Sec. 85-56. Ordinances penalizing tenants who contact police or other emergency services prohibited.

(a) Definitions. As used in this Section:

"Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services.

"Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act.

"Domestic violence", "landlord", "sexual violence", and "tenant", have the meanings provided under Section 10 of the Safe Homes Act.

"Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act.

"Emergency situation" means a threat of, or events causing, physical harm or death to a person or damage or destruction to property.

"Penalizes" includes, but is not limited to:

(1) assessment of fees or fines;

(2) revocation, suspension or nonrenewal of any license or permit required for the rental or occupancy of any dwelling unit;

(3) termination or denial of a subsidized housing contract or housing subsidy; and

(4) termination or nonrenewal of a residential lease agreement.

"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure.

(b) Protection. No township shall enact or enforce an ordinance or regulation that penalizes tenants or landlords based in whole or in part on contact made to police or other emergency services, if:

(1) the contact was made with the intent to prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or any other emergency situation;

(2) the contact was made with the intent to respond to domestic violence, sexual violence, criminal activity, or other emergency situation;

(3) the intervention or emergency assistance was needed to respond to or prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or other emergency situation; or

(4) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.

(c) Repeal or modification of ordinances. Should a township have enacted an ordinance that is inconsistent with subsection (b) of this Section prior to the effective date of this amendatory Act of the 99th General Assembly, the township shall within 90 days of the effective date of this amendatory Act of the 99th General Assembly repeal the ordinance or modify the ordinance so that it is in compliance with subsection (b) of this Section.

(d) Remedies. If a township enacts, enforces, or fails to repeal or modify an ordinance or regulation against a tenant or landlord in violation of subsections (b) or (c), the tenant or landlord may bring a civil action to seek any one or more of the following remedies:

(1) an order invalidating the ordinance or regulation in whole or in part to the extent required to bring the ordinance or regulation into in compliance with the requirements of subsection (b);

(2) compensatory damages;

(3) reasonable attorney fees and court costs; and

(4) other equitable relief as the court may deem appropriate and just.

(e) Effect.

(1) Nothing with respect to this Section limits enforcement of Section 15.2 of the Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, and Article IX of the Code of Civil Procedure.

(2) Nothing in this Section shall be interpreted to limit or prohibit any township from enacting or enforcing an ordinance that does not penalize landlords or tenants on the basis of contact made to police or other emergency service.

Section 15. The Illinois Municipal Code is amended by adding Section 1-2-1.5 as follows:

(65 ILCS 5/1-2-1.5 new)

Sec. 1-2-1.5. Ordinances penalizing tenants who contact police or other emergency services prohibited.

(a) Definitions. As used in this Section:

"Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services.

"Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act.

"Domestic violence", "landlord", "sexual violence", and "tenant", have the meanings provided under Section 10 of the Safe Homes Act.

"Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act.

"Emergency situation" means a threat of, or events causing, physical harm or death to a person or damage or destruction to property.

"Penalizes" includes, but is not limited to:

(1) assessment of fees or fines;

(2) revocation, suspension or nonrenewal of any license or permit required for the rental or occupancy of any dwelling unit;

(3) termination or denial of a subsidized housing contract or housing subsidy; and

(4) termination or nonrenewal of a residential lease agreement.

"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure.

(b) Protection. No municipality shall enact or enforce an ordinance or regulation that penalizes tenants or landlords based in whole or in part on contact made to police or other emergency services, if:

(1) the contact was made with the intent to prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or any other emergency situation;

(2) the contact was made with the intent to respond to domestic violence, sexual violence, criminal activity, or other emergency situation;

(3) the intervention or emergency assistance was needed to respond to or prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or other emergency situation; or

(4) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.

(c) Repeal or modification of ordinances. Should a municipality have enacted an ordinance that is inconsistent with subsection (b) of this Section prior to the effective date of this amendatory Act of the 99th General Assembly, the municipality shall within 90 days of the effective date of this amendatory Act of the 99th General Assembly repeal the ordinance or modify the ordinance so that it is in compliance with subsection (b) of this Section.

(d) Remedies. If a municipality enacts, enforces, or fails to repeal or modify an ordinance or regulation against a tenant or landlord in violation of subsections (b) or (c), the tenant or landlord may bring a civil action to seek any one or more of the following remedies:

(1) an order invalidating the ordinance or regulation in whole or in part to the extent required to bring the ordinance or regulation into in compliance with the requirements of subsection (b);

(2) compensatory damages;

(3) reasonable attorney fees and court costs; and

(4) other equitable relief as the court may deem appropriate and just.

(e) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(f) Effect.

(1) Nothing with respect to this Section limits enforcement of Section 15.2 of the Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, and Article IX of the Code of Civil Procedure.

(2) Nothing in this Section shall be interpreted to limit or prohibit any municipality from enacting or enforcing an ordinance that does not penalize landlords or tenants on the basis of contact made to police or other emergency service.

Section 99. Effective date. This Act takes effect upon becoming law.".