Full Text of SB1547 99th General Assembly
SB1547sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 3/16/2015
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| 1 | | AMENDMENT TO SENATE BILL 1547
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1547 by replacing | 3 | | everything after the enacting clause with the following:
| 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. |
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| 1 | | "Domestic violence", "landlord", "sexual violence", and | 2 | | "tenant", have the meanings provided under Section 10 of the | 3 | | Safe Homes Act. | 4 | | "Dwelling unit" has the meaning provided under subsection | 5 | | (a) of Section 15 of the Landlord and Tenant Act. | 6 | | "Emergency situation" means a threat of, or events causing, | 7 | | physical harm or death to a person or damage or destruction to | 8 | | property. | 9 | | "Penalizes" includes, but is not limited to: | 10 | | (1) assessment of fees or fines; | 11 | | (2) revocation, suspension or nonrenewal of any | 12 | | license or permit required for the rental or occupancy of | 13 | | any dwelling unit; | 14 | | (3) termination or denial of a subsidized housing | 15 | | contract or housing subsidy; and | 16 | | (4) termination or nonrenewal of a residential lease | 17 | | agreement. | 18 | | "Subsidized housing" has the meaning provided under | 19 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 20 | | (b) Protection. No county shall enact or enforce an | 21 | | ordinance or regulation that penalizes tenants or landlords | 22 | | based in whole or in part on contact made to police or other | 23 | | emergency services, if: | 24 | | (1) the contact was made with the intent to prevent the | 25 | | perpetration or escalation of domestic violence, sexual | 26 | | violence, criminal activity, or any other emergency |
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| 1 | | situation; | 2 | | (2) the contact was made with the intent to respond to | 3 | | domestic violence, sexual violence, criminal activity, or | 4 | | other emergency situation; | 5 | | (3) the intervention or emergency assistance was | 6 | | needed to respond to or prevent the perpetration or | 7 | | escalation of domestic violence, sexual violence, criminal | 8 | | activity, or other emergency situation; or | 9 | | (4) the contact was made by, on behalf of, or otherwise | 10 | | concerns an individual with a disability and the purpose of | 11 | | the contact was related to that individual's disability. | 12 | | (c) Repeal or modification of ordinances. Should a county | 13 | | have enacted an ordinance that is inconsistent with subsection | 14 | | (b) of this Section prior to the effective date of this | 15 | | amendatory Act of the 99th General Assembly, the county shall | 16 | | within 90 days of the effective date of this amendatory Act of | 17 | | the 99th General Assembly repeal the ordinance or modify the | 18 | | ordinance so that it is in compliance with subsection (b) of | 19 | | this Section. | 20 | | (d) Remedies. If a county enacts, enforces, or fails to | 21 | | repeal or modify an ordinance or regulation against a tenant or | 22 | | landlord in violation of subsections (b) or (c), the tenant or | 23 | | landlord may bring a civil action to seek any one or more of | 24 | | the following remedies: | 25 | | (1) an order invalidating the ordinance or regulation | 26 | | in whole or in part to the extent required to bring the |
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| 1 | | ordinance or regulation into in compliance with the | 2 | | requirements of subsection (b); | 3 | | (2) compensatory damages; | 4 | | (3) reasonable attorney fees and court costs; and | 5 | | (4) other equitable relief as the court may deem | 6 | | appropriate and just. | 7 | | (e) Home rule. This Section is a denial and limitation of | 8 | | home rule powers and functions under subsection (g) of Section | 9 | | 6 of Article VII of the Illinois Constitution. | 10 | | (f) Effect. | 11 | | (1) Nothing with respect to this Section limits | 12 | | enforcement of Section 15.2 of the Emergency Telephone | 13 | | System Act, Article 26 of the Criminal Code of 2012, and | 14 | | Article IX of the Code of Civil Procedure. | 15 | | (2) Nothing in this Section shall be interpreted to | 16 | | limit or prohibit any county from enacting or enforcing an | 17 | | ordinance that does not penalize landlords or tenants on | 18 | | the basis of contact made to police or other emergency | 19 | | service. | 20 | | Section 10. The Township Code is amended by adding Section | 21 | | 85-56 as follows: | 22 | | (60 ILCS 1/85-56 new) | 23 | | Sec. 85-56. Ordinances penalizing tenants who contact | 24 | | police or other emergency services prohibited. |
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| 1 | | (a) Definitions. As used in this Section: | 2 | | "Contact" includes any communication made by a tenant, | 3 | | landlord, guest, neighbor, or other individual to police or | 4 | | other emergency services. | 5 | | "Criminal activity" means a violation of the Criminal Code | 6 | | of 2012, of the Cannabis Control Act, of the Illinois | 7 | | Controlled Substances Act, or of the Methamphetamine Control | 8 | | and Community Protection Act. | 9 | | "Domestic violence", "landlord", "sexual violence", and | 10 | | "tenant", have the meanings provided under Section 10 of the | 11 | | Safe Homes Act. | 12 | | "Dwelling unit" has the meaning provided under subsection | 13 | | (a) of Section 15 of the Landlord and Tenant Act. | 14 | | "Emergency situation" means a threat of, or events causing, | 15 | | physical harm or death to a person or damage or destruction to | 16 | | property. | 17 | | "Penalizes" includes, but is not limited to: | 18 | | (1) assessment of fees or fines; | 19 | | (2) revocation, suspension or nonrenewal of any | 20 | | license or permit required for the rental or occupancy of | 21 | | any dwelling unit; | 22 | | (3) termination or denial of a subsidized housing | 23 | | contract or housing subsidy; and | 24 | | (4) termination or nonrenewal of a residential lease | 25 | | agreement. | 26 | | "Subsidized housing" has the meaning provided under |
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| 1 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 2 | | (b) Protection. No township shall enact or enforce an | 3 | | ordinance or regulation that penalizes tenants or landlords | 4 | | based in whole or in part on contact made to police or other | 5 | | emergency services, if: | 6 | | (1) the contact was made with the intent to prevent the | 7 | | perpetration or escalation of domestic violence, sexual | 8 | | violence, criminal activity, or any other emergency | 9 | | situation; | 10 | | (2) the contact was made with the intent to respond to | 11 | | domestic violence, sexual violence, criminal activity, or | 12 | | other emergency situation; | 13 | | (3) the intervention or emergency assistance was | 14 | | needed to respond to or prevent the perpetration or | 15 | | escalation of domestic violence, sexual violence, criminal | 16 | | activity, or other emergency situation; or | 17 | | (4) the contact was made by, on behalf of, or otherwise | 18 | | concerns an individual with a disability and the purpose of | 19 | | the contact was related to that individual's disability. | 20 | | (c) Repeal or modification of ordinances. Should a township | 21 | | have enacted an ordinance that is inconsistent with subsection | 22 | | (b) of this Section prior to the effective date of this | 23 | | amendatory Act of the 99th General Assembly, the township shall | 24 | | within 90 days of the effective date of this amendatory Act of | 25 | | the 99th General Assembly repeal the ordinance or modify the | 26 | | ordinance so that it is in compliance with subsection (b) of |
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| 1 | | this Section. | 2 | | (d) Remedies. If a township enacts, enforces, or fails to | 3 | | repeal or modify an ordinance or regulation against a tenant or | 4 | | landlord in violation of subsections (b) or (c), the tenant or | 5 | | landlord may bring a civil action to seek any one or more of | 6 | | the following remedies: | 7 | | (1) an order invalidating the ordinance or regulation | 8 | | in whole or in part to the extent required to bring the | 9 | | ordinance or regulation into in compliance with the | 10 | | requirements of subsection (b); | 11 | | (2) compensatory damages; | 12 | | (3) reasonable attorney fees and court costs; and | 13 | | (4) other equitable relief as the court may deem | 14 | | appropriate and just. | 15 | | (e) Effect. | 16 | | (1) Nothing with respect to this Section limits | 17 | | enforcement of Section 15.2 of the Emergency Telephone | 18 | | System Act, Article 26 of the Criminal Code of 2012, and | 19 | | Article IX of the Code of Civil Procedure. | 20 | | (2) Nothing in this Section shall be interpreted to | 21 | | limit or prohibit any township from enacting or enforcing | 22 | | an ordinance that does not penalize landlords or tenants on | 23 | | the basis of contact made to police or other emergency | 24 | | service. | 25 | | Section 15. The Illinois Municipal Code is amended by |
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| 1 | | adding Section 1-2-1.5 as follows: | 2 | | (65 ILCS 5/1-2-1.5 new) | 3 | | Sec. 1-2-1.5. Ordinances penalizing tenants who contact | 4 | | police or other emergency services prohibited. | 5 | | (a) Definitions. As used in this Section: | 6 | | "Contact" includes any communication made by a tenant, | 7 | | landlord, guest, neighbor, or other individual to police or | 8 | | other emergency services. | 9 | | "Criminal activity" means a violation of the Criminal Code | 10 | | of 2012, of the Cannabis Control Act, of the Illinois | 11 | | Controlled Substances Act, or of the Methamphetamine Control | 12 | | and Community Protection Act. | 13 | | "Domestic violence", "landlord", "sexual violence", and | 14 | | "tenant", have the meanings provided under Section 10 of the | 15 | | Safe Homes Act. | 16 | | "Dwelling unit" has the meaning provided under subsection | 17 | | (a) of Section 15 of the Landlord and Tenant Act. | 18 | | "Emergency situation" means a threat of, or events causing, | 19 | | physical harm or death to a person or damage or destruction to | 20 | | property. | 21 | | "Penalizes" includes, but is not limited to: | 22 | | (1) assessment of fees or fines; | 23 | | (2) revocation, suspension or nonrenewal of any | 24 | | license or permit required for the rental or occupancy of | 25 | | any dwelling unit; |
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| 1 | | (3) termination or denial of a subsidized housing | 2 | | contract or housing subsidy; and | 3 | | (4) termination or nonrenewal of a residential lease | 4 | | agreement. | 5 | | "Subsidized housing" has the meaning provided under | 6 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 7 | | (b) Protection. No municipality shall enact or enforce an | 8 | | ordinance or regulation that penalizes tenants or landlords | 9 | | based in whole or in part on contact made to police or other | 10 | | emergency services, if: | 11 | | (1) the contact was made with the intent to prevent the | 12 | | perpetration or escalation of domestic violence, sexual | 13 | | violence, criminal activity, or any other emergency | 14 | | situation; | 15 | | (2) the contact was made with the intent to respond to | 16 | | domestic violence, sexual violence, criminal activity, or | 17 | | other emergency situation; | 18 | | (3) the intervention or emergency assistance was | 19 | | needed to respond to or prevent the perpetration or | 20 | | escalation of domestic violence, sexual violence, criminal | 21 | | activity, or other emergency situation; or | 22 | | (4) the contact was made by, on behalf of, or otherwise | 23 | | concerns an individual with a disability and the purpose of | 24 | | the contact was related to that individual's disability. | 25 | | (c) Repeal or modification of ordinances. Should a | 26 | | municipality have enacted an ordinance that is inconsistent |
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| 1 | | with subsection (b) of this Section prior to the effective date | 2 | | of this amendatory Act of the 99th General Assembly, the | 3 | | municipality shall within 90 days of the effective date of this | 4 | | amendatory Act of the 99th General Assembly repeal the | 5 | | ordinance or modify the ordinance so that it is in compliance | 6 | | with subsection (b) of this Section. | 7 | | (d) Remedies. If a municipality enacts, enforces, or fails | 8 | | to repeal or modify an ordinance or regulation against a tenant | 9 | | or landlord in violation of subsections (b) or (c), the tenant | 10 | | or landlord may bring a civil action to seek any one or more of | 11 | | the following remedies: | 12 | | (1) an order invalidating the ordinance or regulation | 13 | | in whole or in part to the extent required to bring the | 14 | | ordinance or regulation into in compliance with the | 15 | | requirements of subsection (b); | 16 | | (2) compensatory damages; | 17 | | (3) reasonable attorney fees and court costs; and | 18 | | (4) other equitable relief as the court may deem | 19 | | appropriate and just. | 20 | | (e) Home rule. This Section is a denial and limitation of | 21 | | home rule powers and functions under subsection (g) of Section | 22 | | 6 of Article VII of the Illinois Constitution. | 23 | | (f) Effect. | 24 | | (1) Nothing with respect to this Section limits | 25 | | enforcement of Section 15.2 of the Emergency Telephone | 26 | | System Act, Article 26 of the Criminal Code of 2012, and |
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| 1 | | Article IX of the Code of Civil Procedure. | 2 | | (2) Nothing in this Section shall be interpreted to | 3 | | limit or prohibit any municipality from enacting or | 4 | | enforcing an ordinance that does not penalize landlords or | 5 | | tenants on the basis of contact made to police or other | 6 | | emergency service.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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