Government Affairs

The 2010 Legislative Session has commenced and, according to the old adage, your life, liberty and property…and your business are not safe.  However, The Home Builders Association of Illinois has already achieved a couple of small accomplishments, and some defeats.

As you may, at least you should, already know, HBAI has filed 3 legislative initiatives for the Session.

Senator Deanna Demuzio (D-Carlinville) has filed SB 2997, legislation to provide up to a $7,500 income tax credit to a consumer for the construction of a new home valued at under $500,000.  In addition, Senator A.J. Wilhelmi (D-Joliet) has filed SB 3528, legislation that would withhold the reassessment of vacant, residential property until actual occupancy.  Finally, Representative Bill Black (R-Danville) has filed HB 5071, legislation to delete restrictions on salespeople employed by homebuilders that were inserted into the Real Estate License Act.  HB 5071 has been scheduled for hearing in the House Business and Occupational License Committee.

Unfortunately, HBAI and Midwest Truckers were unable to defeat legislation that passed the House this week.  HB 4673 was sponsored by Representative John D’Amico (D-Chicago) and increased the penalty from $100 to not less than $500 for a construction contractor that does not advertise the business name on a truck and trailer employed by the contractor.  The sponsor indicated that the legislation was a consumer protection measure and was supported by AARP.  However, the legislation was an organized labor measure, initiated by the Bricklayers Union and Teamsters.  AARP coincidentally supported the bill.  HB 4673 passed the House 70-39 and will be sponsored by Senator Munoz (D-Chicago) in the Senate.

HBAI on Tuesday supported the unanimous passage of SB 2540 by the Senate Judiciary Committee.  SB 2540 is an Illinois State Bar Association initiative to clarify the penalties under the Home Remodeling and Repair Act by referencing the Consumer Fraud and Deceptive Business Practices Act.  The Act provides for the recovery of actual damages by a victim of consumer fraud.  Several Appellate Court decisions throughout Illinois over the last few years have provided a wide variety of rulings for violations of the Home Remodeling and Repair Act, and the issue was in dire need of clarification.

The Home Builders Association of Illinois Government Affairs staff is working diligently with Senator Pam Althoff (R-Crystal Lake) to find a compromise to legislation that would eliminate the benefits of the Vacant Lot Act if the property is included in a special service area.  SB 2795 was introduced by Senator Althoff with good intentions to benefit Ryland Homes and remedy a problem with a residential development in Crystal Lake, IL.  However, the actual language of the legislation and legal impact would be detrimental to land developers throughout Illinois.  HBAI stands opposed until an amicable resolution is drafted.

OTHER LEGISLATION

HBAI expects to have to fight legislation that would strip farmland of development rights.  Representative Mike Tryon contacted HBAI government affairs staff indicating an intention to once again introduce anti-growth legislation disguised as “Farmland Preservation”.

A Resolution urging Congress to pass comprehensive health care reform passed the House Health Care Availability and Access Committee on a partisan roll call this week.  HR 569 was sent to the floor of the full House by a vote of 7-5.  HBAI opposed this effort in response to NAHB’s opposition to the final Health Care Reform measure that passed the U.S. Senate on Christmas Eve.

HBAI joins the Illinois Association of Realtors and the Taxpayers Federation in opposition to HB 4814 (Froelich), legislation that would enable a Fire Protection District to levy funds for 3 years of operating expenses.  FPD’s are currently enabled to stockpile 1.5 years of budgetary funding.

HBAI stands with over 2 dozen interest groups in opposing HB 3665 (Hernandez), legislation mandating paid sick leave.  The sponsor has indicated that she will not call the measure for a vote in the House Labor Committee.

Be Well and Do Good