Throw Back Thursday: Illinois Non Profit Legislative Policy Brief of April 2013, including $15 per hour, an Elected School Board, and Tenants at Foreclosure

To me, a great writer teaches others to write greatly. It was an honor to be among the Action Now Institute family, and it was a distinct privilege to help foster professional development of interns eager to move forward as well.

And it is fascinating to reflect on our accomplishments, to feel how far members got, and to see how much further we all have to go.

Hereafter, from April of 2013:

ILLINOIS

LEGISLATION

BRIEFS

As Applies to Bills and Resolutions of Interest

Introduced by the 98th General Assembly

Edition: 13

15 April 2013

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Questions?

Larissa Rudeen, Policy Intern

Dan Kleinman, Policy Director

dkleinman@actionnow.org

Office: 312-676-4284

Protecting Tenants Affected by Foreclosure Act (PTFA)

SB1602

Introduction: SB1602

• 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 was scheduled for April 16, 2013; now it has been postponed.

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).

o 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.

Grow Your Own Teachers (GYO)

SB1220

Introduction: SB1220

• 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

• This allocates $2,000,000 to fund the Grow Your Own Teachers program.

HB2844

Introduction: HB2844

• 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 and Lou Lang.

• 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

• This allocates $2,000,000 to fund the Grow Your Own Teachers program.

Minimum Wage

SB68

Introduction: SB68

• This bill was introduced by Senator Kimberly Lightford, and it is co-sponsored by Senator Mattie Hunter.

• Senate Committee Amendment no. 1 is postponed for the Executive Committee.

• Rule 2-10 Committee deadline is April 19, 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.

Senate Amendment 1:

o 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.

o 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-All Urban Consumers.

o 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.

o The Cost of Living is determined by multiplying the minimum wage by the percentage increase for the Consumer Price Index for 12 months.

o After the minimum wage is at the adjusted level, wage increases are determined by inflation.

o 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.

o If an employee receives less than the minimum wage, the employee may take civil action to get that money back. The following part has been added to Section 3: 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

SB1571

Introduction: SB1571

• 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.

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 to render future school action decisions with clear criteria.

• The School Code is amended by adding the following additions to Section 34-18.43a:

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.

Chicago Elected Representative School Board

HB2793

Introduction: HB2793

• 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.