Bill Status of SB0966  94th General Assembly

Short Description:  HOUSING-TECH

Senate Sponsors
Sen. Susan Garrett - Emil Jones, Jr. - Jeffrey M. Schoenberg - Iris Y. Martinez - Jacqueline Y. Collins and Kwame Raoul

House Sponsors
(Rep. Kathleen A. Ryg - Karen A. Yarbrough - Karen May - Deborah L. Graham - Robin Kelly, Lovana Jones, Julie Hamos, Elaine Nekritz and Sandra M. Pihos)

Last Action
DateChamber Action
  7/21/2005SenatePublic Act . . . . . . . . . 94-0303

Statutes Amended In Order of Appearance
310 ILCS 10/1from Ch. 67 1/2, par. 1


Synopsis As Introduced
Amends the Housing Authorities Act. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 1
Deletes reference to:
310 ILCS 10/1
Adds reference to:
55 ILCS 5/5-12001from Ch. 34, par. 5-12001
65 ILCS 5/11-13-1from Ch. 24, par. 11-13-1
310 ILCS 67/15
310 ILCS 67/25
310 ILCS 67/30
310 ILCS 67/50
310 ILCS 67/60 new

Replaces everything after the enacting clause. Amends the Counties Code, the Illinois Municipal Code, and the Affordable Housing Planning and Appeal Act. Provides that counties and municipalities may use their zoning powers to promote the creation and preservation of affordable housing. In the Affordable Housing Planning and Appeal Act: (1) provides that upon recalculation of the non-exempt list of local governments using new decennial census data, any local government determined for the first time to be non-exempt by the Illinois Housing Development Authority shall have 18 months from the date of notification of its non-exempt status to approve an affordable housing plan; (2) authorizes local governments to adopt certain measures to promote the goals of the Act and to maximize the creation of affordable housing throughout the State, including (i) creation of a housing trust fund, (ii) creation of a community land trust, and (iii) acceptance of donations of money or land; (3) provides that a non-exempt local government may enter into intergovernmental agreements with local governments within 10 miles of its corporate boundaries in order to create affordable housing units to meet the goals of the Act, and provides that these provisions are inoperative on and after January 1, 2010; (4) makes changes in connection with appeals to the State Housing Appeals Board, including providing that (A) if a developer proves by a preponderance of the evidence that the local government's decision was based on an intent to prohibit or render infeasible the development of affordable housing, then the local government's decision will be deemed to be arbitrary and unreasonable and without substantial relation to the public health, safety, or welfare and (B) an appeal to the Appellate Court of a final ruling by the State Housing Appeals Board may be heard only in the Appellate Court for the District in which the local government involved in the appeal is located; (5) provides that a Housing Appeals Board must be created before January 1, 2008 (instead of July 1, 2006); and (6) changes the provisions concerning the adoption of rules by the Illinois Housing Development Authority. Makes other changes. Effective immediately.

House Floor Amendment No. 1
In provisions amending the Counties Code and the Illinois Municipal Code: (i) provides that zoning powers may be used to require (instead of promote) the creation and preservation of affordable housing and (ii) authorizes incentives to developers who are creating, establishing, or preserving (instead of building) affordable housing. In provisions amending the Affordable Housing Planning and Appeal Act: (1) makes changes in the definitions of "development" and "housing trust fund"; (2) authorizes local governments to individually or jointly create or participate in a housing trust fund or otherwise provide funding or support for the purpose of supporting affordable housing (instead of simply authorizing a local government to create a housing trust fund); (3) authorizes loans (as well as grants) to not-for-profit organizations that are engaged (instead of actively engaged) in addressing affordable housing needs; (4) provides that all intergovernmental agreements entered into to create affordable housing units to meet the goals of the Act must also specify the anticipated number of newly created affordable housing units that are to be credited to each local government participating in the agreement for purposes of complying with the Act; (5) deletes a statement that amendatory provisions concerning intergovernmental agreements between local governments are inoperative on and after January 1, 2010; (6) in references to a determination of a local government's non-exempt status for the first time based on a recalculation of decennial census data, adds "after 2010"; (7) provides that in a proceeding before the State Housing Appeals Board, the affordable housing developer bears the burden of demonstrating that the proposed affordable housing development (i) has been unfairly denied or (ii) has had unreasonable conditions placed upon it by the decision of the local government (instead of demonstrating that the decision of the local government was arbitrary and unreasonable and without substantial relation to the public health, safety, or welfare); and (8) makes other changes.

Actions 
DateChamber Action
  2/18/2005SenateFiled with Secretary by Sen. James T. Meeks
  2/18/2005SenateChief Co-Sponsor Sen. Emil Jones, Jr.
  2/18/2005SenateFirst Reading
  2/18/2005SenateReferred to Rules
  2/24/2005SenateAssigned to Housing & Community Affairs
  3/16/2005SenateDo Pass Housing & Community Affairs; 006-003-000
  3/16/2005SenatePlaced on Calendar Order of 2nd Reading March 17, 2005
  4/11/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Susan Garrett
  4/11/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  4/11/2005SenateChief Sponsor Changed to Sen. Susan Garrett
  4/11/2005SenateSenate Floor Amendment No. 1 Rules Refers to Housing & Community Affairs
  4/12/2005SenateSenate Floor Amendment No. 1 Be Adopted Housing & Community Affairs; 009-000-000
  4/13/2005SenateSecond Reading
  4/13/2005SenateSenate Floor Amendment No. 1 Adopted; Garrett
  4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005
  4/14/2005SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  4/14/2005SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/14/2005SenateAdded as Co-Sponsor Sen. Kwame Raoul
  4/14/2005SenateThird Reading - Passed; 052-002-000
  4/15/2005HouseArrived in House
  4/15/2005HousePlaced on Calendar Order of First Reading
  4/15/2005HouseChief House Sponsor Rep. Karen A. Yarbrough
  4/15/2005HouseFirst Reading
  4/15/2005HouseReferred to Rules Committee
  4/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Kathleen A. Ryg
  4/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Karen May
  4/27/2005HouseAssigned to Housing and Urban Development Committee
  4/28/2005HouseAdded Alternate Chief Co-Sponsor Rep. Deborah L. Graham
  4/28/2005HouseAdded Alternate Chief Co-Sponsor Rep. Robin Kelly
  5/10/2005HouseAlternate Chief Sponsor Changed to Rep. Kathleen A. Ryg
  5/10/2005HouseAlternate Chief Co-Sponsor Removed Rep. Kathleen A. Ryg
  5/10/2005HouseDo Pass / Short Debate Housing and Urban Development Committee; 011-000-000
  5/11/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/11/2005HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
  5/12/2005HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kathleen A. Ryg
  5/12/2005HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/16/2005HouseHouse Floor Amendment No. 1 Rules Refers to Housing and Urban Development Committee
  5/17/2005HouseAdded Alternate Co-Sponsor Rep. Lovana Jones
  5/17/2005HouseHouse Floor Amendment No. 1 Recommends Be Adopted Housing and Urban Development Committee; 009-000-000
  5/18/2005HouseSecond Reading - Short Debate
  5/18/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  5/19/2005HouseSecond Reading - Short Debate
  5/19/2005HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/19/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Julie Hamos
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos
  5/20/2005HouseThird Reading - Short Debate - Passed 113-000-000
  5/23/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/23/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 24, 2005.
  5/23/2005SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Susan Garrett
  5/23/2005SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Rules
  5/23/2005SenateHouse Floor Amendment No. 1 Motion to Concur Rules Referred to Housing & Community Affairs
  5/24/2005SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Housing & Community Affairs; 007-000-000
  5/25/2005SenateHouse Floor Amendment No. 1 Senate Concurs 059-000-000
  5/25/2005SenatePassed Both Houses
  6/23/2005SenateSent to the Governor
  7/21/2005SenateGovernor Approved
  7/21/2005SenateEffective Date July 21, 2005
  7/21/2005SenatePublic Act . . . . . . . . . 94-0303