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Rep. Luis Arroyo
Filed: 3/27/2012
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1 | | AMENDMENT TO HOUSE BILL 5454
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2 | | AMENDMENT NO. ______. Amend House Bill 5454 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the |
5 | | Vacant Residential Building Database Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Assessor" means the county assessor, supervisor of |
8 | | assessments, or board of assessors, as the case may be, for the |
9 | | county.
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10 | | "Lender" has the meaning that is ascribed to that term in |
11 | | subsection (g) of Section 1-4 of the Residential Mortgage |
12 | | License Act of 1987.
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13 | | "Program" means the Vacant Residential Building Database |
14 | | Program. |
15 | | "Real estate broker" has the meaning ascribed to the terms |
16 | | real estate broker, real estate salesperson, or leasing agent |
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1 | | in Section 1-10 of the Real Estate License Act of 2000.
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2 | | "Residential building" means any type of permanent |
3 | | residential dwelling unit, including detached single family |
4 | | structures, townhouses, condominium units, multifamily rental |
5 | | apartments, and manufactured homes treated under Illinois law |
6 | | as real estate and not as personal property.
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7 | | "Title insurance company" means any domestic company |
8 | | organized under the laws of this State for the purpose of |
9 | | conducting the business of guaranteeing or insuring titles to |
10 | | real estate and any title insurance company organized under the |
11 | | laws of another state, the District of Columbia, or a foreign |
12 | | government and authorized to transact the business of |
13 | | guaranteeing or insuring titles to real estate in this State.
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14 | | "Vacant residential building" means a residential building |
15 | | which is lacking the habitual presence of human beings who have |
16 | | a legal right to be on the premises or at which substantially |
17 | | all lawful construction operations or residential occupancy |
18 | | has ceased, or which is substantially devoid of content. In |
19 | | determining whether a structure is a vacant residential |
20 | | building, it is relevant to consider, among other factors, if |
21 | | known: the percentage of the overall residential square footage |
22 | | of the building compared to the occupied residential space; the |
23 | | condition and value of any items in the residential space; and |
24 | | the presence of rental or for sale signs on the property on |
25 | | which the building is located. A dwelling unit in a residential |
26 | | building shall not be deemed vacant if it has been used as a |
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1 | | residence by a person entitled to possession for a period of at |
2 | | least 3 months within the previous 9 months and a person |
3 | | entitled to possession intends to resume residing in the |
4 | | dwelling unit.
A multiple unit residential building shall be |
5 | | considered vacant when 90% or more of the dwelling units are |
6 | | unoccupied.
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7 | | Section 10. Vacant Residential Building Database Program. |
8 | | (a) A Vacant Residential Building Database Program shall be |
9 | | established and administered in accordance with this Act. The |
10 | | inception date of the program shall be July 1, 2013. Until the |
11 | | inception date, none of the duties, obligations, |
12 | | contingencies, or consequences of or from the program shall be |
13 | | imposed. The program shall apply to all vacant residential |
14 | | buildings that are subject to this Act and that are or become |
15 | | vacant after the inception of the program.
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16 | | (b) Each assessor shall create, administer, and maintain a |
17 | | database pursuant to this Act. The database shall be designed |
18 | | to allow the United States Postal Service, the Department of |
19 | | Housing and Urban Development, and any person, lender, real |
20 | | estate broker, title insurance company, municipality, or |
21 | | county to submit information to the database online. The |
22 | | database shall not be designed to allow those entities to |
23 | | retrieve information from the database, except as to avoid |
24 | | duplicate entries for the same vacant residential building or |
25 | | as otherwise provided in this Act.
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1 | | (c) Within 10 days after obtaining information that a |
2 | | residential building is vacant, the owner and the mortgagee |
3 | | must submit online or by other means to the vacant residential |
4 | | building database so much of the information listed under |
5 | | Section 15 that the person or entity has, along with any other |
6 | | information required by the assessor.
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7 | | (d) All information provided to a vacant residential |
8 | | building database under the program is confidential and is not |
9 | | subject to disclosure under the Freedom of Information Act, |
10 | | except as otherwise provided in this Act. Information or |
11 | | documents obtained by employees of the assessor in the course |
12 | | of maintaining and administering the program are deemed |
13 | | confidential. Employees are prohibited from making disclosure |
14 | | of such confidential information or documents. Any request for |
15 | | production of information from the program, whether by |
16 | | subpoena, notice, or any other source, shall be referred to the |
17 | | State's Attorney. Any owner of property on which a vacant |
18 | | residential building is located may authorize in writing the |
19 | | release of database information. The assessor may use the |
20 | | information in the database without the consent of the owner: |
21 | | (i) for the purposes of administering and enforcing the |
22 | | program; (ii) to provide relevant information to |
23 | | municipalities and counties if a vacant residential building is |
24 | | located in a place that is subject to the zoning jurisdiction |
25 | | of the municipality or the jurisdiction of the county; or (iii) |
26 | | to provide information to the appropriate law enforcement |
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1 | | agency or the applicable administrative agency if the database |
2 | | information demonstrates criminal, fraudulent, or otherwise |
3 | | illegal activity. There shall be regular periodic reports |
4 | | furnished to each municipality and county about the existence |
5 | | of any vacant residential building that has been reported since |
6 | | the prior regular periodic report within the zoning |
7 | | jurisdiction of the municipality or within the jurisdiction of |
8 | | the county. If a vacant residential building is known to the |
9 | | assessor to exist within the zoning jurisdiction of a |
10 | | municipality, the assessor need not include that building in |
11 | | the assessor's periodic report to the county in which the |
12 | | building is located. |
13 | | (e) Any person who violates any provision of this Act |
14 | | commits an unlawful practice within the meaning of the Consumer |
15 | | Fraud and Deceptive Business Practices Act.
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16 | | (f) During the existence of the program, each assessor |
17 | | shall submit semi-annual reports to the Governor and to the |
18 | | General Assembly by May 1 and November 1 of each year detailing |
19 | | the assessor's findings regarding the program. Each county |
20 | | report shall include at least the following information for |
21 | | each reporting period:
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22 | | (1) the number of vacant residential buildings |
23 | | registered with the program;
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24 | | (2) the number of vacant residential buildings removed |
25 | | from the database since the last report because the |
26 | | residential buildings are occupied by residents, the |
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1 | | buildings no longer exist, or the buildings can no longer |
2 | | be characterized as vacant residential buildings;
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3 | | (3) the number of persons, lenders, real estate |
4 | | brokers, title insurance companies, municipalities, and |
5 | | counties entering information into the database;
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6 | | (4) a summary of the types of vacant residential |
7 | | buildings listed on the database; and
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8 | | (5) a summary of how the assessor, municipalities, and |
9 | | counties are actively utilizing the program to combat the |
10 | | existence of vacant residential buildings.
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11 | | Section 15. Required information. As part of the program, |
12 | | the assessor must gather from the reporting person or entity so |
13 | | much of the following information that is available about a |
14 | | vacant residential building for inclusion in the database: |
15 | | (1) The address, permanent index number, and a |
16 | | description of the building.
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17 | | (2) The owner's name, present address, social security |
18 | | number or taxpayer identification number, date of birth, |
19 | | and present location.
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20 | | (3) Information about the vacant residential building |
21 | | including the condition of doors, windows, and fencing; the |
22 | | status of utility services; and the presence and condition |
23 | | of electrical, plumbing, and heating and air conditioning |
24 | | systems.
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25 | | (4) Information about the mortgagor, or title holder, |
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1 | | affiliated or third party
service provider, including the |
2 | | applicable name, address, and telephone number.
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3 | | (5) Annual real estate taxes for the property on which |
4 | | the building is located, together with any assessments |
5 | | payable in connection with the property.
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6 | | (6) Information concerning any notices issued as to the |
7 | | building or any foreclosure
proceedings initiated or |
8 | | concluded as to the property on which the building is |
9 | | located.
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10 | | Section 20. Vacant Residential Building Database Program |
11 | | Fund. Each assessor shall create a Vacant Residential Building |
12 | | Database Program Fund as a fund in the county treasury. Subject |
13 | | to appropriation, moneys in this county fund shall be |
14 | | appropriated to the assessor for the purpose of the |
15 | | implementation and development of the program.
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16 | | Section 905. The Consumer Fraud and Deceptive Business |
17 | | Practices Act is amended by changing Section 2Z as follows:
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18 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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19 | | Sec. 2Z. Violations of other Acts. Any person who knowingly |
20 | | violates
the Automotive Repair Act, the Automotive Collision |
21 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance |
22 | | Studio Act,
the Physical Fitness Services Act,
the Hearing |
23 | | Instrument Consumer Protection Act,
the Illinois Union Label |
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1 | | Act,
the Job Referral and Job Listing Services Consumer |
2 | | Protection Act,
the Travel Promotion Consumer Protection Act,
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3 | | the Credit Services Organizations Act,
the Automatic Telephone |
4 | | Dialers Act,
the Pay-Per-Call Services Consumer Protection |
5 | | Act,
the Telephone Solicitations Act,
the Illinois Funeral or |
6 | | Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care |
7 | | Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery Sales |
8 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, |
9 | | the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section |
10 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section |
11 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the |
12 | | Internet Caller Identification Act, paragraph (6)
of
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13 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, |
14 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, |
15 | | or 18d-153 of the Illinois Vehicle Code, Article 3 of the |
16 | | Residential Real Property Disclosure Act, the Automatic |
17 | | Contract Renewal Act, the Vacant Residential Building Database |
18 | | Act, or the Personal Information Protection Act commits an |
19 | | unlawful practice within the meaning of this Act.
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20 | | (Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11; |
21 | | 96-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)
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22 | | Section 999. Effective date. This Act takes effect upon |
23 | | becoming law.".
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