90th General Assembly
Status of HB1735
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HOWARD.

(TROTTER-HENDON)

   65 ILCS 5/Art. 11, Div. 31 heading                                          
   65 ILCS 5/11-31-1         from Ch. 24, par. 11-31-1                         
   735 ILCS 5/7-119          from Ch. 110, par. 7-119                          

        Amends the Illinois Municipal Code to  apply  the  provisions  of      
   demolition,  repair,  or enclosure of abandoned or unsafe buildings by      
   municipalities to the clean-up, inspection, testing,  and  remediation      
   of  hazardous substances in those buildings  or on abandoned or unsafe      
   property.  Amends the Code of Civil Procedure to provide that evidence      
   of environmental hazard, cost of clean-up, and effect on  fair  market      
   value are admissible in eminent domain proceedings.                         
          FISCAL NOTE (DCCA)                                                   
          HB 1735, is permissive in nature and may have a fiscal impact        
          on units of local government, if they choose to enact the pro-       
          visions of the Act.                                                  
          STATE MANDATES FISCAL NOTE                                           
          In the opinion of DCCA, HB1735 fails to create a State mandate       
          under the State Mandates Act.                                        
          HOME RULE NOTE                                                       
          HB 1735 does not preempt home rule authority.                        
          HOUSING AFFORDABILITY IMPACT NOTE                                    
          This bill has no direct impact on the cost of constructing,          
          purchasing, owning or selling a single-family residence.             
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes everything.  Amends the Illinois Municipal Code to  allow      
   a  municipality  to  remove  or  cause  the removal of environmentally      
   hazardous substances on, in, or under abandoned  and  unsafe  property      
   within  the  municipality.   Allows  a  municipality  to  inspect  the      
   property and test for the presence or release of hazardous substances.      
   Provides that the costs for inspection, testing, or remediation of the      
   property  are  recoverable  from  the  owner  and may be a lien on the      
   property.  Amends the Code of Civil Procedure to provide that evidence      
   of environmental hazard, cost of clean-up, and effect on  fair  market      
   value are admissible in eminent domain proceedings.                         
        SENATE AMENDMENT NO. 1.                                                
        Provides that "hazardous substances" means the  same  as  in  the      
   Environmental  Protection  Act.   Provides  that  a municipality shall      
   apply to the circuit court for an order authorizing the remediation of      
   property if conditions  on  the  property,  based  on  inspection  and      
   testing,  indicate  the  presence  of hazardous substances.  Deletes a      
   provision that a municipality shall recover the costs  of  inspection,      
   testing,  and  remediation  in the event that a No Further Remediation      
   Letter has been issued.  Makes other changes.                               
        SENATE AMENDMENT NO. 2.                                                
        In the amendatory provisions concerning  a lien for  the  expense      
   of the inspection, testing, or remediation of hazardous substances on,      
   in,  or under abandoned or unsafe property, adds that the municipality      
   may not proceed against the other assets of the real estate owners for      
   unsatisfied costs if the lien is enforced under these provisions.           
   97-03-06  H  FIRST READING                                                  
   97-03-06  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-11  H       ASSIGNED TO COMMITTEE               LOCAL GOVT            
   97-03-20  H  DO PASS/SHORT DEBATE                     017-000-000   HLGV    
   97-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-03-20  H                         FISCAL NOTE FILED                       
   97-03-20  H  STATE MANDATES FISCAL NOTE FILED                               
   97-03-20  H  HOME RULE NOTE FILED                                           
   97-03-20  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-08  H  HOUSING AFORDABILITY IMPCT NOTE FILED                          
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-09  H                             AMENDMENT NO. 01-HOWARD             
   97-04-09  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-09  H                             AMENDMENT NO. 02-HOWARD             
   97-04-09  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-09  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-09  H                             AMENDMENT NO. 01-HOWARD             
   97-04-09  H                           RULES REFERS TO HLGV                  
   97-04-09  H                             AMENDMENT NO. 02-HOWARD             
   97-04-09  H                           RULES REFERS TO HLGV                  
   97-04-09  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-10  H                             AMENDMENT NO. 03-HOWARD             
   97-04-10  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-10  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-12  H                             AMENDMENT NO. 03-HOWARD             
   97-04-12  H                           RULES REFERS TO HLGV                  
   97-04-12  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-14  H                             AMENDMENT NO. 03-HOWARD             
   97-04-14  H                                BE ADOPTED HLGV                  
   97-04-14  H  CALENDAR ORDER 3RD READING-SHORT DEBATE                        
   97-04-14  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   97-04-14  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-15  H                             AMENDMENT NO. 03-HOWARD             
   97-04-15  H                                   ADOPTED                       
   97-04-15  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-18  H  TABLED PURSUANT TO RULE                  40(A) HFA 01 & 02     
   97-04-18  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   97-04-23  S  ARRIVE IN SENATE                                               
   97-04-23  S  CHIEF SPONSOR                            TROTTER               
   97-04-23  S  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-23  S  FIRST READING                                                  
   97-04-23  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-05-01  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   97-05-08  S                             AMENDMENT NO. 01-ENVIR. & ENE. S    
   97-05-08  S                                   ADOPTED                       
   97-05-08  S       DO PASS AS AMENDED                  009-000-000   SENV    
   97-05-08  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-09              
   97-05-09  S  SECOND READING                                                 
   97-05-09  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-12              
   97-05-09  S  ADDED AS A CHIEF CO-SPONSOR              HENDON                
   97-05-12  S  FILED WITH SECRETARY                                           
   97-05-12  S                             AMENDMENT NO. 02-TROTTER            
   97-05-12  S                     AMENDMENT REFERRED TO SRUL                  
   97-05-12  S  ADDED AS A CO-SPONSOR                    FARLEY                
   97-05-13  S                             AMENDMENT NO. 02-TROTTER            
   97-05-13  S             BE APPROVED FOR CONSIDERATION SRUL                  
   97-05-14  S  RECALLED TO SECOND READING                                     
   97-05-14  S                             AMENDMENT NO. 02-TROTTER            
   97-05-14  S                                   ADOPTED                       
   97-05-14  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-15              
   97-05-16  S  THIRD READING - PASSED                   056-000-001           
   97-05-16  H  ARRIVE IN HOUSE                                                
   97-05-16  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   97-05-16  H  MOTION FILED CONCUR                      01,02/HOWARD          
   97-05-16  H  REFERRED TO RULES COMMITTEE/RULE 75(A)   01,02                 
   97-05-16  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   97-05-17  H                        MOTION REFERRED TO 01,02/HENE            
   97-05-17  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   97-05-20  H             BE APPROVED FOR CONSIDERATION 01/023-000-000        
   97-05-20  H             BE APPROVED FOR CONSIDERATION 02/023-000-000        
   97-05-20  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01,02/118-000-000     
   97-05-20  H  PASSED BOTH HOUSES                                             
   97-06-18  H  SENT TO THE GOVERNOR                                           
   97-08-15  H  GOVERNOR APPROVED                                              
   97-08-15  H                            EFFECTIVE DATE 98-01-01              
   97-08-15  H  PUBLIC ACT.............................. 90-0393               

   END OF INQUIRY 



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