Bill Text: IL SB0773 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Housing Development and Construction Act. Makes a technical change in a Section concerning the purposes for which grants to housing authorities may be used.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0773 Detail]
Download: Illinois-2013-SB0773-Introduced.html
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1 | AN ACT concerning housing.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Housing Development and Construction Act is | |||||||||||||||||||
5 | amended by changing Section 5 as follows:
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6 | (310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
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7 | Sec. 5. Any grants paid hereunder to a housing authority | |||||||||||||||||||
8 | shall be
deposited in a separate fund and
and , subject to the | |||||||||||||||||||
9 | approval of the
Department of Commerce and Economic | |||||||||||||||||||
10 | Opportunity, may be used for any or all of
the following | |||||||||||||||||||
11 | purposes as the needs of the community may require: the
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12 | acquisition of land by purchase, gift or condemnation and the
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13 | improvement thereof, the purchase and installation of | |||||||||||||||||||
14 | temporary housing
facilities, the construction of housing | |||||||||||||||||||
15 | units for rent or sale to
veterans, the families of deceased | |||||||||||||||||||
16 | servicemen, and for persons and
families who by reason of | |||||||||||||||||||
17 | overcrowded housing conditions or displacement
by eviction, | |||||||||||||||||||
18 | fires or other calamities, or slum clearance or other
private | |||||||||||||||||||
19 | or public project involving relocation, are in urgent need of
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20 | safe and sanitary housing, the making of grants in connection | |||||||||||||||||||
21 | with the
sale or lease of real property as provided in the | |||||||||||||||||||
22 | following paragraph of
this section, and for any and all | |||||||||||||||||||
23 | purposes authorized by the "Housing
Authorities Act," approved |
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1 | March 19, 1934, as amended, including
administrative expenses | ||||||
2 | of the housing authorities in relation to the
aforesaid | ||||||
3 | objectives, to the extent and for the purposes
authorized and
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4 | approved by the Department of Commerce and Economic | ||||||
5 | Opportunity. Each housing
authority is vested with power to | ||||||
6 | exercise the right of eminent domain
for the purposes | ||||||
7 | authorized by this Act. Condemnation proceedings
instituted by | ||||||
8 | any such authority shall be in all respects in the manner
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9 | provided for the exercise of the right of
eminent domain under | ||||||
10 | the Eminent Domain Act. | ||||||
11 | In addition to the foregoing, and for the purpose of | ||||||
12 | facilitating the
development and construction of housing, | ||||||
13 | housing authorities may, with
the approval of the Department of | ||||||
14 | Commerce and Economic Opportunity, enter into
contracts and | ||||||
15 | agreements for the sale or lease of real property acquired
by | ||||||
16 | the Authority through the use of the grant hereunder, and may | ||||||
17 | sell or
lease such property to (1) housing corporations | ||||||
18 | operating under "An Act
in relation to housing," approved July | ||||||
19 | 12, 1933, as amended; (2)
neighborhood redevelopment | ||||||
20 | corporations operating under the
"Neighborhood Redevelopment | ||||||
21 | Corporation Law," approved July 9, 1941; (3)
insurance | ||||||
22 | companies operating under Article VIII of the Illinois
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23 | Insurance Code; (4) non-profit
corporations organized for the | ||||||
24 | purpose of constructing, managing and
operating housing | ||||||
25 | projects and the improvement of housing conditions,
including | ||||||
26 | the sale or rental of housing units to persons in need
thereof; |
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1 | or (5) to any other individual, association or corporation,
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2 | including bona fide housing cooperatives, desiring to engage in | ||||||
3 | a
development or redevelopment project. The term "corporation" | ||||||
4 | as used in
this section, means a corporation organized under | ||||||
5 | the laws of this or
any other state of the United States, or of | ||||||
6 | any country, which may
legally make investments in this State | ||||||
7 | of the character herein
prescribed, including foreign and alien | ||||||
8 | insurance companies as defined
in Section 2 of the "Illinois | ||||||
9 | Insurance Code." No sale or lease shall be
made hereunder to | ||||||
10 | any of the aforesaid corporations,
associations or
individuals | ||||||
11 | unless a plan approved by the Authority has been presented
by | ||||||
12 | the purchaser or lessee for the development or redevelopment of | ||||||
13 | such
property, together with a bond, with satisfactory | ||||||
14 | sureties, of not less
than 10% of the cost of such development | ||||||
15 | or redevelopment, conditioned
upon the completion of such | ||||||
16 | development or redevelopment; provided that
the requirement of | ||||||
17 | the bond may be waived by the Department of Commerce
and | ||||||
18 | Economic Opportunity if it is satisfied of the
financial | ||||||
19 | ability of the
purchaser or lessee to complete such development | ||||||
20 | or redevelopment in
accordance with the presented plan. To | ||||||
21 | further assure that the real
property so sold or leased shall | ||||||
22 | be used in accordance with the plan,
the Department of Commerce | ||||||
23 | and Economic Opportunity may require the purchaser or
lessee to | ||||||
24 | execute in writing such undertakings as the Department deems
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25 | necessary to obligate such purchaser or lessee (1) to use the | ||||||
26 | property
for the purposes presented in the plan; (2) to |
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1 | commence and complete the
building of the improvements | ||||||
2 | designated in the plan within the periods
of time that the | ||||||
3 | Department of Commerce and Economic Opportunity fixes as
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4 | reasonable, and (3) to comply with such other conditions as are
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5 | necessary to carry out the purposes of this Act. Any such | ||||||
6 | property may
be sold pursuant to this section for any legal | ||||||
7 | consideration in an
amount to be approved by the Department of | ||||||
8 | Commerce and Economic Opportunity.
Subject to the approval of | ||||||
9 | the Department of Commerce and Economic Opportunity,
a housing | ||||||
10 | authority may pay to any non-profit corporation of the
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11 | character described in this section from grants made available | ||||||
12 | from
state funds, such sum of money which, when added to the | ||||||
13 | value of the
land so sold or leased to such non-profit | ||||||
14 | corporation and the value of
other assets of such non-profit | ||||||
15 | corporation available for use in the
project, will enable such | ||||||
16 | non-profit corporation to obtain Federal
Housing | ||||||
17 | Administration insured construction mortgages. Any such
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18 | authority may also sell, transfer, convey or assign to any such
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19 | non-profit corporation any personal property, including | ||||||
20 | building
materials and supplies, as it deems necessary to | ||||||
21 | facilitate the
completion of the development or redevelopment | ||||||
22 | by such non-profit
corporation.
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23 | If the area of operation of a housing authority includes a | ||||||
24 | city,
village or incorporated town having a population in | ||||||
25 | excess of 500,000,
as determined by the last preceding Federal | ||||||
26 | Census, no real property or
interest in real property shall be |
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1 | acquired in such municipality by the
housing authority until | ||||||
2 | such time as the housing authority has advised
the governing | ||||||
3 | body of such municipality of the description of the real
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4 | property, or interest therein, proposed to be acquired, and the
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5 | governing body of the municipality has approved the acquisition | ||||||
6 | thereof
by the housing authority.
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7 | (Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
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