Full Text of SB1547 99th General Assembly
SB1547eng 99TH GENERAL ASSEMBLY |
| | SB1547 Engrossed | | LRB099 10920 AWJ 31259 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-1005.10 as follows: | 6 | | (55 ILCS 5/5-1005.10 new) | 7 | | Sec. 5-1005.10. Ordinances penalizing tenants who contact | 8 | | police or other emergency services prohibited. | 9 | | (a) Definitions. As used in this Section: | 10 | | "Contact" includes any communication made by a tenant, | 11 | | landlord, guest, neighbor, or other individual to police or | 12 | | other emergency services. | 13 | | "Criminal activity" means a violation of the Criminal Code | 14 | | of 2012, of the Cannabis Control Act, of the Illinois | 15 | | Controlled Substances Act, or of the Methamphetamine Control | 16 | | and Community Protection Act. | 17 | | "Disability" means, with respect to a person: | 18 | | (1) a physical or mental impairment which | 19 | | substantially limits one or more of such person's major life | 20 | | activities; | 21 | | (2) a record of having such an impairment; or | 22 | | (3) being regarded as having such an impairment, but | 23 | | such term does not include current, illegal use of or addiction |
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| 1 | | to a controlled substance, as defined in the federal Controlled | 2 | | Substances Act, 21 U.S.C. 802. | 3 | | "Domestic violence", "landlord", "sexual violence", and | 4 | | "tenant" have the meanings provided under Section 10 of the | 5 | | Safe Homes Act. | 6 | | "Dwelling unit" has the meaning provided under subsection | 7 | | (a) of Section 15 of the Landlord and Tenant Act. | 8 | | "Penalizes" includes, but is not limited to: | 9 | | (1) assessment of fees or fines; | 10 | | (2) revocation, suspension, or nonrenewal of any | 11 | | license or permit required for the rental or occupancy of | 12 | | any dwelling unit; | 13 | | (3) termination or denial of a subsidized housing | 14 | | contract or housing subsidy; and | 15 | | (4) termination or nonrenewal of a residential lease | 16 | | agreement. | 17 | | "Subsidized housing" has the meaning provided under | 18 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 19 | | (b) Protection. | 20 | | (1) No county shall enact or enforce an ordinance or | 21 | | regulation that penalizes tenants or landlords based on: | 22 | | (A) contact made to police or other emergency | 23 | | services, if (i) the contact was made with the intent | 24 | | to prevent or respond to domestic violence or sexual | 25 | | violence; (ii) the intervention or emergency | 26 | | assistance was needed to respond to or prevent domestic |
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| 1 | | violence or sexual violence; or (iii) the contact was | 2 | | made by, on behalf of, or otherwise concerns an | 3 | | individual with a disability and the purpose of the | 4 | | contact was related to that individual's disability; | 5 | | (B) an incident or incidents of actual or | 6 | | threatened domestic violence or sexual violence | 7 | | against a tenant, household member, or guest occurring | 8 | | in the dwelling unit or on the premises; or | 9 | | (C) criminal activity or a local ordinance | 10 | | violation occurring in the dwelling unit or on the | 11 | | premises that is directly relating to domestic | 12 | | violence or sexual violence, engaged in by a tenant, | 13 | | member of a tenant's household, guest, or other party, | 14 | | and against a tenant, household member, guest, or other | 15 | | party. | 16 | | (2) Nothing with respect to this Section: (A) limits | 17 | | enforcement of Section 15.2 of the Emergency Telephone | 18 | | System Act, Article 26 of the Criminal Code of 2012, or | 19 | | Article IX of the Code of Civil Procedure;
(B) prohibits | 20 | | counties from enacting or enforcing ordinances to penalize | 21 | | landlords or tenants on the basis of the underlying | 22 | | criminal activity or a local ordinance violation not | 23 | | covered by paragraph (1) of subsection (b) of this Section | 24 | | and to the extent otherwise permitted by State and federal | 25 | | law; or
(C) limits or prohibits the eviction of or | 26 | | imposition of penalties against the perpetrator of the |
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| 1 | | domestic violence, sexual violence, or other criminal | 2 | | activity. | 3 | | (c) Remedies. If a county enacts or enforces an ordinance | 4 | | or regulation against a tenant or landlord in violation of | 5 | | subsection (b), the tenant or landlord may bring a civil action | 6 | | to seek any one or more of the following remedies: | 7 | | (1) an order invalidating the ordinance or regulation | 8 | | to the extent required to bring the ordinance or regulation | 9 | | into compliance with the requirements of subsection (b); | 10 | | (2) compensatory damages; | 11 | | (3) reasonable attorney fees and court costs; or | 12 | | (4) other equitable relief as the court may deem | 13 | | appropriate and just. | 14 | | (d) Home rule. This Section is a denial and limitation of | 15 | | home rule powers and functions under subsection (g) of Section | 16 | | 6 of Article VII of the Illinois Constitution. | 17 | | Section 10. The Township Code is amended by adding Section | 18 | | 85-56 as follows: | 19 | | (60 ILCS 1/85-56 new) | 20 | | Sec. 85-56. Ordinances penalizing tenants who contact | 21 | | police or other emergency services prohibited. | 22 | | (a) Definitions. As used in this Section: | 23 | | "Contact" includes any communication made by a tenant, | 24 | | landlord, guest, neighbor, or other individual to police or |
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| 1 | | other emergency services. | 2 | | "Criminal activity" means a violation of the Criminal Code | 3 | | of 2012, of the Cannabis Control Act, of the Illinois | 4 | | Controlled Substances Act, or of the Methamphetamine Control | 5 | | and Community Protection Act. | 6 | | "Disability" means, with respect to a person: | 7 | | (1) a physical or mental impairment which | 8 | | substantially limits one or more of such person's major life | 9 | | activities; | 10 | | (2) a record of having such an impairment; or | 11 | | (3) being regarded as having such an impairment, but | 12 | | such term does not include current, illegal use of or addiction | 13 | | to a controlled substance, as defined in the federal Controlled | 14 | | Substances Act, 21 U.S.C. 802. | 15 | | "Domestic violence", "landlord", "sexual violence", and | 16 | | "tenant", have the meanings provided under Section 10 of the | 17 | | Safe Homes Act. | 18 | | "Dwelling unit" has the meaning provided under subsection | 19 | | (a) of Section 15 of the Landlord and Tenant Act. | 20 | | "Penalizes" includes, but is not limited to: | 21 | | (1) assessment of fees or fines; | 22 | | (2) revocation, suspension, or nonrenewal of any | 23 | | license or permit required for the rental or occupancy of | 24 | | any dwelling unit; | 25 | | (3) termination or denial of a subsidized housing | 26 | | contract or housing subsidy; and |
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| 1 | | (4) termination or nonrenewal of a residential lease | 2 | | agreement. | 3 | | "Subsidized housing" has the meaning provided under | 4 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 5 | | (b) Protection. | 6 | | (1) No township shall enact or enforce an ordinance or | 7 | | regulation that penalizes tenants or landlords based on: | 8 | | (A) contact made to police or other emergency | 9 | | services, if (i) the contact was made with the intent | 10 | | to prevent or respond to domestic violence or sexual | 11 | | violence; (ii) the intervention or emergency | 12 | | assistance was needed to respond to or prevent domestic | 13 | | violence or sexual violence; or (iii) the contact was | 14 | | made by, on behalf of, or otherwise concerns an | 15 | | individual with a disability and the purpose of the | 16 | | contact was related to that individual's disability; | 17 | | (B) an incident or incidents of actual or | 18 | | threatened domestic violence or sexual violence | 19 | | against a tenant, household member, or guest occurring | 20 | | in the dwelling unit or on the premises; or | 21 | | (C) criminal activity or a local ordinance | 22 | | violation occurring in the dwelling unit or on the | 23 | | premises that is directly relating to domestic | 24 | | violence or sexual violence, engaged in by a tenant, | 25 | | member of a tenant's household, guest, or other party, | 26 | | and against a tenant, household member, guest, or other |
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| 1 | | party. | 2 | | (2) Nothing with respect to this Section: (A) limits | 3 | | enforcement of Section 15.2 of the Emergency Telephone | 4 | | System Act, Article 26 of the Criminal Code of 2012, or | 5 | | Article IX of the Code of Civil Procedure;
(B) prohibits | 6 | | townships from enacting or enforcing ordinances to | 7 | | penalize landlords or tenants on the basis of the | 8 | | underlying criminal activity or a local ordinance | 9 | | violation not covered by paragraph (1) of subsection (b) of | 10 | | this Section and to the extent otherwise permitted by State | 11 | | and federal law; or
(C) limits or prohibits the eviction of | 12 | | or imposition of penalties against the perpetrator of the | 13 | | domestic violence, sexual violence, or other criminal | 14 | | activity. | 15 | | (c) Remedies. If a township enacts or enforces an ordinance | 16 | | or regulation against a tenant or landlord in violation of | 17 | | subsection (b), the tenant or landlord may bring a civil action | 18 | | to seek any one or more of the following remedies: | 19 | | (1) an order invalidating the ordinance or regulation | 20 | | to the extent required to bring the ordinance or regulation | 21 | | into compliance with the requirements of subsection (b); | 22 | | (2) compensatory damages; | 23 | | (3) reasonable attorney fees and court costs; or | 24 | | (4) other equitable relief as the court may deem | 25 | | appropriate and just. |
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| 1 | | Section 15. The Illinois Municipal Code is amended by | 2 | | adding Section 1-2-1.5 as follows: | 3 | | (65 ILCS 5/1-2-1.5 new) | 4 | | Sec. 1-2-1.5. Ordinances penalizing tenants who contact | 5 | | police or other emergency services prohibited. | 6 | | (a) Definitions. As used in this Section: | 7 | | "Contact" includes any communication made by a tenant, | 8 | | landlord, guest, neighbor, or other individual to police or | 9 | | other emergency services. | 10 | | "Criminal activity" means a violation of the Criminal Code | 11 | | of 2012, of the Cannabis Control Act, of the Illinois | 12 | | Controlled Substances Act, or of the Methamphetamine Control | 13 | | and Community Protection Act. | 14 | | "Disability" means, with respect to a person: | 15 | | (1) a physical or mental impairment which | 16 | | substantially limits one or more of such person's major life | 17 | | activities; | 18 | | (2) a record of having such an impairment; or | 19 | | (3) being regarded as having such an impairment, but | 20 | | such term does not include current, illegal use of or addiction | 21 | | to a controlled substance, as defined in the federal Controlled | 22 | | Substances Act, 21 U.S.C. 802. | 23 | | "Domestic violence", "landlord", "sexual violence", and | 24 | | "tenant" have the meanings provided under Section 10 of the | 25 | | Safe Homes Act. |
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| 1 | | "Dwelling unit" has the meaning provided under subsection | 2 | | (a) of Section 15 of the Landlord and Tenant Act. | 3 | | "Penalizes" includes, but is not limited to: | 4 | | (1) assessment of fees or fines; | 5 | | (2) revocation, suspension, or nonrenewal of any | 6 | | license or permit required for the rental or occupancy of | 7 | | any dwelling unit; | 8 | | (3) termination or denial of a subsidized housing | 9 | | contract or housing subsidy; and | 10 | | (4) termination or nonrenewal of a residential lease | 11 | | agreement. | 12 | | "Subsidized housing" has the meaning provided under | 13 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 14 | | (b) Protection. | 15 | | (1) No municipality shall enact or enforce an ordinance | 16 | | or regulation that penalizes tenants or landlords based on: | 17 | | (A) contact made to police or other emergency | 18 | | services, if (i) the contact was made with the intent | 19 | | to prevent or respond to domestic violence or sexual | 20 | | violence; (ii) the intervention or emergency | 21 | | assistance was needed to respond to or prevent domestic | 22 | | violence or sexual violence; or (iii) the contact was | 23 | | made by, on behalf of, or otherwise concerns an | 24 | | individual with a disability and the purpose of the | 25 | | contact was related to that individual's disability; | 26 | | (B) an incident or incidents of actual or |
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| 1 | | threatened domestic violence or sexual violence | 2 | | against a tenant, household member, or guest occurring | 3 | | in the dwelling unit or on the premises; or | 4 | | (C) criminal activity or a local ordinance | 5 | | violation occurring in the dwelling unit or on the | 6 | | premises that is directly relating to domestic | 7 | | violence or sexual violence, engaged in by a tenant, | 8 | | member of a tenant's household, guest, or other party, | 9 | | and against a tenant, household member, guest, or other | 10 | | party. | 11 | | (2) Nothing with respect to this Section: (A) limits | 12 | | enforcement of Section 15.2 of the Emergency Telephone | 13 | | System Act, Article 26 of the Criminal Code of 2012, or | 14 | | Article IX of the Code of Civil Procedure;
(B) prohibits | 15 | | municipalities from enacting or enforcing ordinances to | 16 | | penalize landlords or tenants on the basis of the | 17 | | underlying criminal activity or a local ordinance | 18 | | violation not covered by paragraph (1) of subsection (b) of | 19 | | this Section and to the extent otherwise permitted by State | 20 | | and federal law; or
(C) limits or prohibits the eviction of | 21 | | or imposition of penalties against the perpetrator of the | 22 | | domestic violence, sexual violence, or other criminal | 23 | | activity. | 24 | | (c) Remedies. If a municipality enacts or enforces an | 25 | | ordinance or regulation against a tenant or landlord in | 26 | | violation of subsection (b), the tenant or landlord may bring a |
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| 1 | | civil action to seek any one or more of the following remedies: | 2 | | (1) an order invalidating the ordinance or regulation | 3 | | to the extent required to bring the ordinance or regulation | 4 | | into compliance with the requirements of subsection (b); | 5 | | (2) compensatory damages; | 6 | | (3) reasonable attorney fees and court costs; or | 7 | | (4) other equitable relief as the court may deem | 8 | | appropriate and just. | 9 | | (d) Home rule. This Section is a denial and limitation of | 10 | | home rule powers and functions under subsection (g) of Section | 11 | | 6 of Article VII of the Illinois Constitution.
| 12 | | Section 99. Effective date. This Act takes effect 90 days | 13 | | after becoming law.
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