ICCA LEGISLATIVE UPDATE – May 2016 by Margaret Vaughn, Lobbyist Below is a list of bills on ICCA’s Legislative Watch List. The bills which are still active are listed in red with an asterisk* There are 4 weeks left of the regular spring session before special session days would have to be called starting June 1 st. Of particular interest to ICCA: HB 6036 which would make it a felony if a first responder was injured or killed as a result of a building code violation which was not corrected or lack of proper permits. Though there was great opposition from BOMA and the Realtors there was a special informational hearing on the issue in which the Presidents of the Chicago Firefighters Union and IL Fire Chiefs Association and past President of the IL Fire Inspectors Association testified. It was a first step at addressing the issue and Rep. Kathleen Willis, the bill’s sponsor plans to get stakeholders together for further discussions and reintroduce the issue. HB 4529 although the Illinois Building Commission’s duties were absorbed by CDB years ago the actual law was never changed and this finally does that. HB 5913 is in response to IDPH proposed rules to allow engineers to teach CEs for plumbing. This allows others to provide CE only if supervised by licensed plumbers. The bill on its way to the Governor. JCAR is meeting on May 10th at 10:30 to approve IDPH revisions to the Plumbing Rules they had originally published last November. I attached the IDPH official memo to JCAR which lists comments and IDPH responses. Highlights include: 1. IDPH is removing Professional Engineer proposal from CE instruction 2. On inspection reports there is a new requirement to include the contact info and license number of the plumber who responsible for the work 3. On the section dealing with local governments submitting amendments, IDPH removed the “required forms and IDPH prescribed manner” to make it easier for locals and also deleted the inclusion of “supporting documentation” and removed the provision that IDPH has to “approve” the amendment but instead reads just “review” and most importantly respond back within 45 business days with any feedback to the locals. This is a huge victory for ICCA. It has been very problematic with IDPH not responding for months at a time and though we originally suggested a 90 response time, IDPH is making it 45 days. HB 4383 Short Description: House Sponsors Rep. Dwight Kay
FOIA-PROCEDURAL REQUIREMENTS
Synopsis As Introduced Amends the Freedom of Information Act. Provides that the term "news media" includes any individual or entity that publishes content for public viewing, regardless of whether the individual or entity earns any income. Provides that any public body responding to a categorical request shall attach a verified statement containing the policies and protocol utilized for any search of electronically stored information, including, but not limited to, exact words, spaces, numerals, capitalization, and all filters used in the search. Provides that if the court rules against a party seeking public inspection of documents or the production of copies of documents, the court shall issue an opinion containing specific factual findings upon which the court made its decision. Provides that any action for injunctive or declaratory relief is subject to the provisions of the Code of Civil Procedure. Last Action Date 1/14/2016
Chamber Action House
Referred to Rules Committee
*HB 4529 Short Description:
REPEALS IL BUILDING COMMISSI
House Sponsors Rep. Ron Sandack-Michael J. Zalewski Senate Sponsors (Sen. Dave Syverson)
Synopsis As Introduced Repeals the Illinois Building Commission Act. Abolishes the Illinois Building Commission. Amends the Capital Development Board Act. Transfers the Illinois Building Commission's function of identifying local building codes to the Capital Development Board. Amends the Energy Efficient Building Act, the Counties Code, the Illinois Municipal Code, and the Hospital Licensing Act to make conforming changes. Effective immediately. Last Action Date
Chamber Action
4/27/2016 Senate Assigned to State Government and Veterans Affairs
HB 5799 Short Description: House Sponsors Rep. Bill Mitchell
LEAD MITIGATION NOTICE-DEEDS
Synopsis As Introduced Amends the Lead Poisoning Prevention Act. Provides that the Department of Public Health may record lead mitigation notices for properties subject to such notices at the recorder of deeds for the county or counties in which the property is located. Provides that upon successful mitigation, the Department shall record a notice of successful mitigation at the recorder of deeds for the county or counties in which the property is located. Effective immediately. Last Action Date 4/8/2016
Chamber Action House
Rule 19(a) / Re-referred to Rules Committee
*HB 5913 Short Description:
PLUMBING LICENSE-INSTRUCTION
House Sponsors Rep. John C. D'Amico-Edward J. Acevedo-Patrick J. Verschoore-Frances Ann Hurley-Carol Ammons Senate Sponsors (Sen. Don Harmon)
Synopsis As Introduced Amends the Illinois Plumbing License Law. Requires a licensed plumber to provide proof of completing 4 hours of continuing education to renew his or her annual license. Provides that sponsors of continuing education shall meet the criteria provided by the Board of Plumbing Examiners and the Plumbing Code advisory council. Provides that continuing education courses shall provide instruction in plumbing, which is supervised directly by an Illinois licensed plumber only. Provides qualifying criteria for plumbing instructors. Provides that the Director of Public Health shall approve an application for a plumber's license examination if the applicant has submitted evidence that he or she has successfully completed an approved course of instruction in plumbing supervised directly by an Illinois licensed plumber in colleges, universities, or trade schools. Last Action Date 3/28/2016
Chamber Action House
Sent to the Governor
HB 6020 – ICCA Oppose Short Description: FOIA-GOVERNMENT ASSOCIATIONS
House Sponsors Rep. Sam Yingling-Mark Batinick and Martin J. Moylan
Synopsis As Introduced Amends the Open Meetings Act and the Freedom of Information Act. Specifies that the term "public body" includes any member-based organization that lobbies on behalf of one or more taxing bodies and is funded in majority by tax dollars paid to it by its governmental membership. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Freedom of Information Act. Defines "member-based organization" as any group, association, or organization that: (1) has a membership that includes one or more government taxing bodies; (2) lobbies on behalf of its governmental members; and (3) receives a majority of its funding from its governmental members. Provides that a member-based organization is a public body under the Act; however, only records relating to the member-based organization's receipt of public funds or its expenditures made in whole or in part with public funds are public records subject to inspection and copying by the public. Last Action Date 4/22/2016
Chamber Action House
Rule 19(a) / Re-referred to Rules Committee
HB 6036 – ICCA Support Short Description: CRIM CD-CRIMINAL BUILDING MGMT House Sponsors Rep. Kathleen Willis-John Cavaletto-Frances Ann Hurley-Kelly M. Burke, Donald L. Moffitt, Daniel J. Burke, Sue Scherer and Natalie A. Manley
Synopsis As Introduced Amends the Criminal Code of 2012. Creates the offense of criminal building management. Provides that a person commits the offense when, having personal or professional management or control of commercial real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he or she recklessly permits or causes the physical condition or facilities of the commercial real estate to become or remain in any condition which endangers the health or safety of a first responder and: (1) the condition endangering the health or safety of a first responder was a building code violation or resulted from work done with a proper permit; (2) the condition endangering the health or safety of a first responder is determined to be a contributing factor in the injury or death of that first responder; and (3) the person recklessly conceals or attempts to conceal the condition that endangered the health or safety of the first responder that is found to be a contributing factor in that injury or death. Provides that criminal building management is a Class 4 felony. Last Action
Date 4/22/2016
Chamber Action House
Rule 19(a) / Re-referred to Rules Committee
HB 6146 Short Description: VEH CD-BLUE/AMBER LIGHTS House Sponsors Rep. Thomas M. Bennett
Synopsis As Introduced Amends the Illinois Vehicle Code. Allows municipal owned snow plows, road graders, backhoes, and front-end loaders to have amber and blue oscillating, rotating, or flashing lights. Last Action Date 4/5/2016
Chamber Action House
Tabled
HB 6258 Short Description:
HOME REPAIR INSURED DAMAGES
House Sponsors Rep. Norine K. Hammond
Synopsis As Introduced Amends the Home Repair and Remodeling Act in relation to repairs made following a loss occurrence. Provides that a loss occurrence includes a property and casualty loss in addition to weather-related losses. Last Action Date 4/8/2016
Chamber Action House
Rule 19(a) / Re-referred to Rules Committee
*SB 2837 Short Description:
SMOKE DETECTORS-BATTERIES
Senate Sponsors Sen. Ira I. Silverstein House Sponsors (Rep. Kathleen Willis) Synopsis As Introduced Amends the Smoke Detector Act. In a Section concerning the requirements of smoke detectors installed in a dwelling unit, provides that if a smoke detector is battery powered, then the battery must be non-replaceable, non-removable, and capable of powering the detector for a minimum of 10 years. Creates an exemption for dwelling units and hotels within municipalities with a population over 1,000,000 inhabitants. Effective on January 1, 2017. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Provides that the battery for specified battery powered smoke detectors must be capable of powering the detector for a minimum of 10 years if specified conditions occur. Provides that specified battery requirements do not apply to fire alarms, smoke detectors, smoke alarms, or ancillary components electronically connected to specified alarm systems; that use a low-power radio frequency wireless communication signal; that uses Wi-Fi or other Wireless Local Area Networking capability to send and receive specified notifications; or to devices as designated by the State Fire Marshal. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Smoke Detector Act. Makes a technical change in a Section concerning the short title. Last Action Date 4/22/2016
Chamber Action House
Referred to Rules Committee
*SB 2956 – ICCA Support Short Description:
ENVIRONMENTAL BARRIERS
Senate Sponsors Sen. Linda Holmes-Don Harmon-Jacqueline Y. Collins-Iris Y. Martinez-Terry Link, Laura M. Murphy, Heather A. Steans, William R. Haine, Pamela J. Althoff and Julie A. Morrison House Sponsors (Rep. Ann M. Williams, Stephanie A. Kifowit, Sonya M. Harper, Silvana Tabares and Anna Moeller) Synopsis As Introduced Amends the Environmental Barriers Act. Changes references from "accessibility standards" to "the Illinois Accessibility Code", and makes related changes. Makes changes to provisions concerning definitions. Removes a provision requiring the Capital Development Board to establish standards for areas restricted to employee use. Requires the Capital Development Board to update the Code within 3 years (rather than 2 years) after federal standards are updated. Provides that the Act generally applies to public facilities and multi-story housing constructed after May 1, 1988, with specific provisions concerning the Code's application. Requires new housing construction to comply with the Department of Housing and
Urban Development's March 6, 1991 Fair Housing Accessibility Guidelines and all later versions, amendments, and supplements. Requires all alterations to public facilities and multi-story housing to comply with the Code as it exists at the time of alteration. Adds provisions concerning alterations that impact accessibility or usability of paths of travel. Repeals provisions concerning alterations. Combines provisions concerning civil enforcement and other penalties. Provides that any violation of the Code is a violation of the Act. Provides the Attorney General with discretion to investigate complaints made under the Act. Adds enforcement provisions concerning the powers of the Attorney General. Changes references from "environmentally limited persons" to "individuals with disabilities". Makes other changes. Senate Committee Amendment No. 1 Removes the definition for "temporary building". Changes a reference from "primary function area" to "altered area". Provides that 20% (rather than 20%, or at least one, whichever is greater) of dwelling units in multi-story housing shall be adaptable. Provides that any person who knowingly issues (rather than issues) a building permit or other official authorization for the construction or alteration of a public facility or the construction of multi-story housing in violation of the Act shall be subject to a specified penalty. Makes technical changes. Makes other changes. Senate Committee Amendment No. 2 Deletes definitions for "curb ramp" and "ramp". Makes changes to the definition of "governmental unit". Makes other changes. Last Action Date 5/2/2016
Chamber Action House
Assigned to Judiciary - Civil Committee
*SB 2982 – ICCA Support Short Description:
ROOFING LICENSE EXEMPTIONS
Senate Sponsors Sen. Michael Noland House Sponsors (Rep. Daniel J. Burke) Synopsis As Introduced Amends the Illinois Roofing Industry Licensing Act. Provides that nothing in the Act shall be construed to require a person who performs roofing or waterproofing work to his or her own residential property (rather than property), or for no consideration, to be licensed as a roofing contractor. Provides that nothing in the Act shall be construed to require a person or the person's employees who perform emergency or temporary roofing or waterproofing repairs on the person's commercial and industrial properties (rather than work to his or her employer's property where there exists an employer-employee relationship) to be licensed as roofing contractors. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Roofing Industry Licensing Act. Defines "roof repair". In provisions concerning the application of the Act, provides that nothing in the Act shall be construed to require a person who performs roof repair (rather than roofing) or waterproofing work to his or her employer's property to be licensed as a roofing contractor, where there exists an employer-employee relationship. Last Action
Date 5/2/2016
Chamber Action House
Assigned to Business & Occupational Licenses Committee
*SB 3026 Short Description:
UTILITIES-WATER ASSETS PRICING
Senate Sponsors Sen. Chuck Weaver Synopsis As Introduced Amends the Public Utilities Act. Adds provisions concerning pricing of water assets, meaning a water utility or water distribution company and its tangible and intangible properties, by an Illinois governmental purchaser. Provides that the determination of value or price for the purchase or acquisition of water assets by the Illinois governmental purchaser: may not distinguish, penalize, or increase the value or price to be paid by an Illinois governmental purchaser based on specified characteristics of the purchaser; or may not use as a factor any excess of replacement cost new minus depreciation over the value of price based on fair market value of the water assets, as determined by what a willing buyer in the private sector would value, price, or pay for the water assets. Provides for application of the provisions to contracts already in place. Contains a severability clause. Effective immediately. Last Action Date
Chamber Action
3/8/2016 Senate Assigned to Environment and Conservation
SB 3038 Short Description:
MUNI CD-LIEN FOR REMOVAL COSTS
Senate Sponsors Sen. Emil Jones, III Synopsis As Introduced Amends the Illinois Municipal Code. Provides that a municipality may file a notice of lien for removal of costs relating to dilapidated properties on any other parcel or parcels of private property in owned by the owner of the dilapidated property located within the same municipality as the dilapidated property. Further provides that after obtaining a judgment on a lien for removal costs of dilapidated properties a municipality may file a lien against any property owned by the owner of the dilapidated property. Last Action Date
Chamber Action
4/22/2016 Senate
Re-referred to Assignments
SB 3120 – ICCA Support Short Description: VEH CD-COMMERCIAL VEH-LOC GOV Senate Sponsors Sen. Don Harmon Synopsis As Introduced
Amends the Illinois Vehicle Code. Gives code enforcement officials employed by units of local government the power to enforce a provision relating to the display of company insignia on construction vehicles while the vehicle is being used on a worksite located within the boundaries of the local jurisdiction. Provides that if an alleged violation of provisions relating to the display of company insignia has been corrected prior to or on the date of a hearing scheduled to adjudicate the alleged violation, the code enforcement official shall dismiss the violation. Defines "code enforcement official". Effective immediately. Last Action Date
Chamber Action
4/8/2016 Senate / Re-referred to Assignments