As Applies to Bills and Resolutions of Interest
Introduced by the 98th General Assembly
26 April 2013
Larissa Rudeen, Policy Intern
Dan Kleinman, Policy Director
Protecting Tenants Affected by Foreclosure Act (PTFA)
- This bill was introduced by Senator Jacqueline Collins, and it is co-sponsored by Senators Mattie Hunter, William Delgado, Iris Martinez, Toi Hutchinson and Steve Stadelman.
- This was assigned to the Judiciary Committee, which is chaired by Senator Kwame Raoul.
- The committee deadline for Rules 2-10 is April 19, 2013.
- The Judiciary Committee hearing for Senate Committee Amendment no. 1 is postponed.
- Senator Jacqueline Collins files Senate Committee Amendment no. 2.
- Senate Committee Amendment no. 2 is referred to the Assignments Committee, and it is chaired by James Clayborne, Jr.
- No hearing is scheduled.
- The Assignments Committee refers Senate Amendment no. 2 to the Judiciary Committee, but no hearing is scheduled.
The Bill: SB1602
- The Code of Civil Procedure is amended by changing Sections 9-121, 9-205, 9-207, 15-1202.5, 15-1506, 15-1508, 15-1508.5, 15-1701, 15-1703 and 15-1704, and by adding Section 9-207.5.
- This only applies to residential tenancies (with leases recognized as arm’s length transactions, or legally recognized).
- This creates a single path to foreclosure eviction that now follows through the Forcible Entry and Detainer (FED) Act, as opposed to multiple possible paths towards eviction. The FED Act provides more protection for renters, such as ninety days’ notice of eviction in foreclosure cases, and a clear notice of foreclosure that cannot mislead renters or pressure them to leave unfairly. Even tenants with an expired or expiring lease receive ninety days’ notice.
Section 9-207.5 is amended to state:
- For a foreclosure, a landlord can end a tenancy that was started before the confirmation of sale: (1) if the lease agreement is finished (and the written notice cannot be issued earlier than ninety days before the end of the term for the lease); (2) with a week- by week or month-by-month tenancy with a ninety day written notice. Nothing in this section will revoke the rights of a landlord to terminate a tenancy.
Section 15-1701 is amended to state:
- A person cannot be removed from their apartment or house if the person has been named in the foreclosure, and if they are not the mortgagor, and they have a tenancy/lease from a transaction.
- An order of possession cannot be forced upon a person who lives in a mortgaged real estate unit if they have a lease/tenancy from a transaction, and they are not the mortgagor.
- Cash-for-keys offer: The person is not required to leave. They do not have to accept this offer. The person does not have to do more than what is written in their lease/tendency.
- Cash-for-keys: A person who has received unfair treatment can (1) demand money that amounts to three months of their rent; (2) get $1,000 for each violation; (3) receive money for an attorney. This does not apply to a person who no longer rents or owns the property.
- A mortgagee or purchaser who gives money to a renter to get them to leave will give them a written copy of the offer. The offer needs to: (1) be three times larger than the security deposit and interest the renter would normally pay or three months’ worth of rent (whichever one is larger); (2) not force the person to leave earlier than fourteen days after they agree to the offer.
- Renters must still pay rent to the owner of the property throughout the foreclosure process, and to the new owner after the foreclosure process is complete. New owners must inform renters of their new ownership, and how to pay rent, before being allowed to collect the money, and they can only do so after the foreclosure sale and purchase is complete.
Section 15-1703 is amended to state:
- Renters will be informed of the different options for paying rent, both currently and for the future.
Senate Amendment 1:
- This clarifies the ninety days’ notice to terminate a tenancy in foreclosure, and it clarifies the requirements for legal “Cash for Keys” agreements, mandating a minimum of three times the security deposit or three months’ rent, whichever is greater.
- Nothing in this section will limit any code of ordinance or a part of the local government that gives more protection to occupants.
Senate Amendment 2:
- For a foreclosure, a landlord can end a tenancy that was started before the confirmation of sale, under Section 15-1508 of the Code of Civil Procedure, and under sections 9-205 and 9-207.
Grow Your Own Teachers (GYO)
- This was introduced by Senator Iris Martinez, and it is co-sponsored by Senators Jacqueline Collins and Patricia Van Pelt.
- This bill is currently sitting in the Assignments Committee.
- No hearing is scheduled.
The Bill: SB1220
- Allocates $2,000,000 to fund the Grow Your Own Teachers Program.
- This was introduced by Representative Esther Golar, and it is co-sponsored by Representatives Charles Jefferson, Eddie Lee Jackson, Elizabeth Hernandez, Andre Thapedi, Maria Berrios, William Davis, Lou Lang and Luis Arroyo.
- This was assigned to the Appropriations–Higher Education Committee, which is chaired by Representative Kenneth Dunkin.
- The committee meeting happened on March 28, 2013.
- The bill was not considered at the meeting.
The Bill: HB2844
- Allocates $2,000,000 to fund the Grow Your Own Teachers Program.
- This bill was introduced by Senator Kimberly Lightford, and it is co-sponsored by Senators Mattie Hunter and Jacqueline Collins.
- Senator Kimberly Lightford files Senate Amendment No. 1 on February 21, 2013.
- Senate Committee Amendment no. 1 is postponed for the Executive Committee on February 28, 2013.
- The deadline is May 10, 2013.
- The third reading deadline is May 31, 2013.
The Bill: SB68
This amends the Illinois Wage Payment and Collection Act.
- According to Section 5, the Illinois Wage Payment and Collection Act is amended by changing section 15 in the following way: the act will be known as the Illinois Wage Payment and Collection Act.
- This amends the definitions of “employee” to include previously exempt establishments of fewer than 4 employees, domestic service and private home establishments. This takes away restrictions pertaining to day, temporary, occasional, or irregular laborers, and those who are under 18 years of age. This removes exemptions for tipped workers; workers relying on gratuities earn 100% of the proposed increase.
Senate Amendment 1:
- This gradually increases the Illinois minimum wage at a rate of fifty cents per year plus an amount equal to the increase in the Cost of Living for the preceding year until it reaches the equivalent of the inflation adjusted $1.60 minimum wage of 1968.
- After the 1968 inflation adjusted wage is restored, subsequent annual increases in the minimum wage will be made according to the increase of the Cost of Living during the previous year. Measurements for the Cost of Living and inflation will be calculated from the annual percentage change of the Consumer Price Index for all Urban Consumers.
- Starting July 1, 2013, and every year after this on July 1, minimum wage will be increased by $0.50 + more, based on the Cost of Living for the previous year.
- The Cost of Living is determined by multiplying the minimum wage by the percentage increase for the Consumer Price Index for 12 months.
- After the minimum wage is at the adjusted level, wage increases are determined by inflation.
- If an employee receives less than the minimum wage, the employee may take civil action to get that money back. This includes the money for interest. The amount of money the person gets must be twice as much as the wage they would have received if they had not been underpaid.
Chicago School Closure Moratorium
- This was introduced by Senator William Delgado, and it is co-sponsored by Jacqueline Collins and Mattie Hunter.
- Senate Committee Amendment No. 1 is adopted.
- The Education Committee passes the Amendment; 008-003-000.
- This was put on the calendar as the second reading on March 20, 2013.
- Senator William Delgado files Senate Floor Amendment no. 2.
- The Assignments Committee refers Senate Floor Amendment no. 2 to the Education Committee, which is chaired by William Delgado.
- No hearing is scheduled.
- Senate Floor Amendment No. 2 is postponed for the Education Committee on April 24, 2013.
- The bill is re-referred to the Assignments Committee on April 30, 2013.
- The bill is approved for consideration by the Assignments Committee on May 2, 2013.
- The second reading will be May 6, 2013.
- The deadline for the third reading is May 31, 2013.
The Bill: SB1571
- This places a moratorium on school closings and school actions by Chicago Public Schools for the 2013-2014 year.
- This requires the school district to establish policies that provide clear criteria for future school action decisions.
- The School Code is amended by adding the following additions to Sections 34-18.43a and 34-230:
Section 34-18.43a is amended to state:
- The General Assembly must acknowledge the following:
- Any decision regarding shutting down schools, doing repairs or opening new schools must follow specific guidelines, and the school employees and parents need to have a say in this process.
- The General Assembly said they would let the school employees and the parents decide how to improve the schools in their community, and the General Assembly needs to uphold this decision.
- The school resources that are available must be shared equally and distributed effectively to ensure that every child has a quality education.
- If it is necessary to close a school, this cannot be done until the end of the 2014-2015 school year.
- While school closure is postponed, school districts will work to improve student performance in schools that got 75% or worse on the Illinois Standards Achievement Test.
- The policies for closing schools, making repairs or building new schools must follow specific guidelines, and these actions must be carried out in a timely manner.
Section 34-230 is amended to state:
- Every year, by October 1, guidelines for school actions will be published by the chief executive officer.
- The guideline shall cover the academic and non-academic criteria regarding any school action.
- The decisions for the guidelines will involve the school counsels, teachers, parents, and community organizations.
- The public will have 21 days to offer their input for the guidelines (and any changes to the guidelines) before they are approved.
- Proposed school actions, for the end of the current school year that are consistent with the December 1 guidelines, will be announced by the chief executive officer.
- Proposed school actions will be published on or before December 1.
- The school action proposal will include (in writing): the reason for the school action, an explanation of how the school action meets the guideline criteria, and a draft of the School Transition Plan, listing the items needed for each school that is impacted by the school action.
- The principal, staff, school counsel and parents will be informed of a proposed school action if it affects their community’s schools.
- The State Senators, State Representatives and the alderman will also be informed of proposed school actions.
- Notice will be given for proposed school actions 30 days prior to a meeting or hearing, or earlier.
- Board decisions for a proposed school action must happen 60 days after the school action has been announced.
- The public will have three opportunities to share their opinions on the proposed school action at a hearing or meeting.
- If a school action is proposed by a chief executive officer, but they do not follow the guidelines in this section, the Board will not approve the school action during the school year in which the action was put forth.
- The Board cannot approve school actions until they have a 10-year educational facility master plan, and this has to be done by October 1, 2013.
No school action can be implemented before June 30, 2014.
Chicago Elected Representative School Board
- This bill was introduced by Representative Elgie R. Simms, and it is co-sponsored by Representative Emanuel Chris Welch.
- This was referred to the Rules Committee, which is chaired by Representative Barbara Flynn Currie.
- No committee meeting has been scheduled.
The Bill: HB2793
- This amends the Chicago School District Article of the School Code to provide for the election, instead of the appointment, of the members of the Chicago Board of Education.
- The School Code is amended by changing sections: 34-3, 34-4 and 34-13.1 in the following ways:
Section 34-3 is amended to state:
- For the Chicago Board of Education, beginning April 21, 2015, the current members’ terms will end.
- Seven new members will be elected to the Chicago Board of Education on April 21, 2015.
- The school district will choose the new members, and this will be done on the second Tuesday of April.
- Four of the new members will serve for four years, while three members will serve for only two years, before different members are elected.
- After the seven members have been chosen, and they have agreed when to meet regularly, they will immediately begin their new jobs.
- If there is still an empty seat when the new members are elected, the Mayor will be notified within five days.
- The Mayor will find someone to fill the empty seat until the next election occurs, at which point a new person will be chosen to fill their place for the rest of that term.
- The newly-elected person must have the same qualifications as the person who just left the board.
- If the Mayor cannot find someone to fill the empty seat, a new person will be chosen at the next school election.
Offensive Use of Property
- This bill was introduced by Representative Anthony DeLuca on February 8, 2013.
- The bill was voted won in the Judiciary Committee on February 27, 2013
- House Committee Amendment No. 1 is filed by Anthony DeLuca on March 19, 2013.
- House Committee Amendment No. 1 is voted out of the Judiciary Committee on March 21, 2013.
- House Floor Amendment No. 2 is filed by Representative Anthony DeLuca on April 9, 2013.
- House Floor Amendment No. 2 is voted out by the Rules Committee on April 10, 2013.
- Housing Floor Amendment No. 3 is filed by Representative Anthony DeLuca on April 17, 2013.
- House Floor Amendment No. 3 is withdrawn by Representative Anthony DeLuca on April 18, 2013.
- Rule 3-19(a) is re-referred to the Rules Committee on April 19, 2013.
The Bill: HB1532
- This bill changes the Code of Civil Procedure, and it offers a definition for the offensive use of property.
- The Code of Civil Procedure is amended by adding Section 9-120.5:
Section 9-120.5 is amended to state:
(a) The “offensive use of property” refers to repeatedly using leased premises in a way that disturbs people and their health and safety.
To be considered an offense use of the property, the following criteria must be met:
- (1) the act happens on the property on 3 or more occasions over a 60-day time period, and the act is:
- (A) a felony or a Class A demeanor;
- (B) a violation of subsection (a) (1) for Section 26-1 of the Criminal Code for 2012; or
- (C) a violation of a public order regulation, based on Section 11-5-1, 11-5-2, or 11-5-10 for the Illinois Municipal Code;
- (2) a tenant with a lease, or his or her guest, used the building (or knew that it would be used) for the act; and
- (3) on the occasions when the act was committed, a person was arrested or a citation was issued because of the act.
(b) If the property has been used in an offensive manner, the tenancy will be terminated, and the owner can file a forcible entry and detainer act.
(c) If the owner ends a tenancy, they have to give a 5-day notice to the tenant with the lease, detailing the specific acts and when they occurred.
- Any person who is listed in the notice, who is a victim of domestic violence, sexual assault, or stalking, because of an act in the notice, can present the court documentation to uphold their right to continue living in their apartment or their house.
(d) The hearing will happen no more than 14 days after the forcible entry and detainer act has been filed. If an offensive use of the property has been committed, a judgment for the possession of the premesis will be issued.
(e) The court can stay a judgment for possession for up to 6 months, if:
- (1) everyone agrees to this;
- (2) the offensive use of the property will not continue; and
- (3) none of the acts were violent.
- Once a stay has ended, the plaintiff can re-enter the building.
(f) Nothing will prevent an owner from filing a forcible entry and detainer act.
(g) The tenant or occupant, who is a victim of domestic violence, sexual assault, or stalking, cannot be the subject of a forcible detainer.