Full Text of HB5454 97th General Assembly
HB5454ham001 97TH GENERAL ASSEMBLY | Rep. Luis Arroyo Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5454
| 2 | | AMENDMENT NO. ______. Amend House Bill 5454 by replacing | 3 | | everything after the enacting clause with the following:
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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:
| 22 | | (1) the number of vacant residential buildings | 23 | | registered with the program;
| 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;
| 3 | | (3) the number of persons, lenders, real estate | 4 | | brokers, title insurance companies, municipalities, and | 5 | | counties entering information into the database;
| 6 | | (4) a summary of the types of vacant residential | 7 | | buildings listed on the database; and
| 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.
| 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.
| 17 | | (2) The owner's name, present address, social security | 18 | | number or taxpayer identification number, date of birth, | 19 | | and present location.
| 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.
| 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.
| 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.
| 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.
| 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.
| 16 | | Section 905. The Consumer Fraud and Deceptive Business | 17 | | Practices Act is amended by changing Section 2Z as follows:
| 18 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 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,
| 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
| 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.
| 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.)
| 22 | | Section 999. Effective date. This Act takes effect upon | 23 | | becoming law.".
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