Full Text of SB0966 94th General Assembly
SB0966ham001 94TH GENERAL ASSEMBLY
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Rep. Kathleen A. Ryg
Filed: 5/12/2005
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LRB094 04641 DRJ 46388 a |
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| AMENDMENT TO SENATE BILL 966
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| AMENDMENT NO. ______. Amend Senate Bill 966 on page 4, line | 3 |
| 25, by deleting " promote " and inserting instead " require "; and
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| on page 4, line 28, by deleting " building " and inserting | 5 |
| instead " creating, establishing, or preserving "; and | 6 |
| on page 6, line 9, by deleting " promote " and inserting instead | 7 |
| " require "; and | 8 |
| on page 6, line 12, by deleting " building " and inserting | 9 |
| instead " creating, establishing, or preserving "; and | 10 |
| on page 10, by deleting lines 15 through 20 and inserting | 11 |
| instead the following:
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| ""Development" means any building, construction, | 13 |
| renovation, or excavation or any material change in the use or | 14 |
| appearance of any structure or in the land ,
itself; the | 15 |
| division of land into parcels; or any change in the intensity | 16 |
| or use of such structure or land, that results in a net | 17 |
| increase in the number of dwelling units in a structure or on a | 18 |
| parcel of land by more than one dwelling unit
such as an | 19 |
| increase in the number of dwelling units in a structure or a | 20 |
| change to commercial use ."; and
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| on page 10, line 28, after " separate fund ", by inserting " , |
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| either "; and
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| on page 10, line 29, after " government ", by inserting " or | 3 |
| between local governments pursuant to intergovernmental | 4 |
| agreement, "; and | 5 |
| on page 10, line 29, by deleting " purpose of " and inserting | 6 |
| instead " purposes authorized in subsection (d) of Section 25, | 7 |
| including, without limitation, the "; and | 8 |
| on page 10, line 30, after " disbursing ", by inserting " of "; and | 9 |
| on page 11, line 20, by deleting " Upon "; and
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| on page 11, by deleting lines 21 through 26 and inserting | 11 |
| instead " Any local government that is determined by the | 12 |
| Illinois Housing Development Authority under Section 20 to be | 13 |
| non-exempt for the first time based on the recalculation of | 14 |
| decennial census data after 2010 shall have 18 months from the | 15 |
| date of notification of its non-exempt status to approve an | 16 |
| affordable housing plan under this Act. "; and | 17 |
| on page 12, line 27, after " creation ", by inserting " , | 18 |
| establishment, or preservation "; and | 19 |
| on page 12, by deleting lines 31 through 33 and inserting | 20 |
| instead:
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| " (1) Local governments may individually or jointly | 22 |
| create or participate in a housing trust fund or otherwise | 23 |
| provide funding or support for the purpose of supporting | 24 |
| affordable housing, including, without limitation, to | 25 |
| support the following affordable housing activities: "; and
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| on page 13, line 2, by deleting " vacant "; and |
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| on page 13, line 12, by deleting " Capacity grants " and | 2 |
| inserting instead " Grants or loans "; and
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| on page 13, line 13, by deleting " that are actively "; and
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| on page 13, by deleting lines 22 through 31 and inserting | 5 |
| instead:
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| " (2) A local government may create a community land | 7 |
| trust, which may: acquire developed or undeveloped | 8 |
| interests in real property and hold them for affordable | 9 |
| housing purposes; convey such interests under long-term | 10 |
| leases, including ground leases; convey such interests for | 11 |
| affordable housing purposes; and retain an option to | 12 |
| reacquire any such real property interests at a price | 13 |
| determined by a formula ensuring that such interests may be | 14 |
| utilized for affordable housing purposes. "; and
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| on page 13, line 33, by deleting " promote " and inserting | 16 |
| instead " require "; and
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| on page 14, line 1, by deleting " in order to use those | 18 |
| donations to address " and inserting instead " for the purpose of | 19 |
| addressing "; and | 20 |
| on page 14, line 4, after " include ", by inserting " , without | 21 |
| limitation, "; and | 22 |
| on page 14, line 5, by deleting " developers " and inserting | 23 |
| instead " persons "; and | 24 |
| on page 14, line 9, after " agreements ", by inserting " under | 25 |
| subsection (e) of Section 25 "; and |
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| on page 14, line 17, after " specify ", by inserting " the basis | 2 |
| for determining "; and | 3 |
| on page 14, line 20, after " Act. ", by inserting " All | 4 |
| intergovernmental agreements entered into to create affordable | 5 |
| housing units to meet the goals of this Act must also specify | 6 |
| the anticipated number of newly created affordable housing | 7 |
| units that are to be credited to each local government | 8 |
| participating in the agreement for purposes of complying with | 9 |
| this Act. "; and | 10 |
| on page 14, lines 23 and 24, by deleting " This subsection (e) | 11 |
| is inoperative on and after January 1, 2010. "; and | 12 |
| on page 15, line 16, by deleting " to be non-exempt for the | 13 |
| first time "; and | 14 |
| on page 15, lines 17 and 18, by deleting " using new decennial | 15 |
| census data, " and inserting instead " to be non-exempt for the | 16 |
| first time based on the recalculation of decennial census data | 17 |
| after 2010, "; and
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| by replacing lines 21 through 36 on page 15, all of page 16, | 19 |
| and line 1 on page 17 with the following:
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| "(c) Beginning January 1, 2009, the Board shall render a | 21 |
| decision on the appeal within 120 days after the appeal is | 22 |
| filed. In its determination of an appeal, the Board shall | 23 |
| conduct a de novo review of the matter. In rendering its | 24 |
| decision, the Board shall consider the facts and whether the | 25 |
| developer was treated in a manner that places an undue burden | 26 |
| on the development due to the fact that the development | 27 |
| contains affordable housing as defined in this Act. The Board | 28 |
| shall further consider any action taken by the unit of local | 29 |
| government in regards to granting waivers or variances that |
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| would have the effect of creating or prohibiting the economic | 2 |
| viability of the development . In any proceeding before the | 3 |
| Board, the affordable housing developer bears the burden of | 4 |
| demonstrating that the proposed affordable housing development | 5 |
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he or she has been unfairly denied or (ii) has had | 6 |
| unreasonable conditions have been placed upon it by the | 7 |
| decision of the local government
the tentative approval for the | 8 |
| application for an affordable housing development .".
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