Illinois 100th Regular Session Status: Enacted

HB 4711 — SUITS AGAINST COUNTIES-ZONING

Last action — Public Act . . . . . . . . . 100-0595

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Counties Code. In provisions regarding building or structure zoning violations, provides that, except in relation to county-owned property, the provisions do not authorize any suit against a county or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. Effective immediately.

Bill Text

What changed in the latest version

24 added · 7 removed

Plain-language change summary

The latest version of Bill HB 4711 adds a new section that allows the Rockford Park District to sell part or all of a water park facility, given certain conditions are met. Specifically, the sale must be approved by 80% of the park board commissioners and must meet a minimum sale price based on independent appraisals. This change is significant because it provides a clear process for the park district to manage its assets and potentially generate revenue from a specific type of facility. Additionally, the bill's previous expiration date of December 31, 2019, has been removed, suggesting that the provisions are intended to be permanent rather than temporary.

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Previous
Latest
HB4711 Engrossed LRB100 17388 AWJ 32553 b AN ACT concerning local government.
HB4711 Enrolled LRB100 17388 AWJ 32553 b AN ACT concerning local government.
Any person who violates the terms of any ordinance adopted HB4711 Engrossed - 2 - LRB100 17388 AWJ 32553 b under the authority of this Division shall be guilty of a petty offense punishable by a fine not to exceed $500, with each week the violation remains uncorrected constituting a separate offense.
Any person who violates the terms of any ordinance adopted HB4711 Enrolled - 2 - LRB100 17388 AWJ 32553 b under the authority of this Division shall be guilty of a petty offense punishable by a fine not to exceed $500, with each week the violation remains uncorrected constituting a separate offense.
(a) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained (or any building, structure, or land is used) in violation of this Article or of any ordinance, resolution, or other regulation made under this Article, the proper authorities of the township, or any person the value or use of whose property is or may be affected by the violation, in addition to other remedies, may institute any appropriate action or proceedings (i) to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, HB4711 Engrossed - 3 - LRB100 17388 AWJ 32553 b or use, (ii) to restrain, correct, or abate the violation, (iii) to prevent the occupancy of the building, structure, or land, or (iv) to prevent any illegal act, conduct, business, or use in or about the premises.
(a) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained (or any building, structure, or land is used) in violation of this Article or of any ordinance, resolution, or other regulation made under this Article, the proper authorities of the township, or any person the value or use of whose property is or may be affected by the violation, in addition to other remedies, may institute any appropriate action or proceedings (i) to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, HB4711 Enrolled - 3 - LRB100 17388 AWJ 32553 b or use, (ii) to restrain, correct, or abate the violation, (iii) to prevent the occupancy of the building, structure, or land, or (iv) to prevent any illegal act, conduct, business, or use in or about the premises.
In case any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted, or maintained, or any building or structure, including fixtures, or land, is used in violation of an ordinance or ordinances adopted under Division 13, 31 or 31.1 of the Illinois Municipal Code, or of any ordinance or other regulation made under the authority conferred thereby, the proper local authorities of the municipality, or any owner or HB4711 Engrossed - 4 - LRB100 17388 AWJ 32553 b tenant of real property, within 1200 feet in any direction of the property on which the building or structure in question is located who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding (1) to prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use, (2) to prevent the occupancy of the building, structure, or land, (3) to prevent any illegal act, conduct, business, or use in or about the premises, or (4) to restrain, correct, or abate the violation.
In case any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted, or maintained, or any building or structure, including fixtures, or land, is used in violation of an ordinance or ordinances adopted under Division 13, 31 or 31.1 of the Illinois Municipal Code, or of any ordinance or other regulation made under the authority conferred thereby, the proper local authorities of the municipality, or any owner or HB4711 Enrolled - 4 - LRB100 17388 AWJ 32553 b tenant of real property, within 1200 feet in any direction of the property on which the building or structure in question is located who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding (1) to prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use, (2) to prevent the occupancy of the building, structure, or land, (3) to prevent any illegal act, conduct, business, or use in or about the premises, or (4) to restrain, correct, or abate the violation.
If an owner or tenant files suit hereunder and the court finds that the defendant has engaged in any of the foregoing prohibited activities, then the court shall allow the plaintiff a reasonable sum of money for the services of the plaintiff's HB4711 Engrossed - 5 - LRB100 17388 AWJ 32553 b attorney.
If an owner or tenant files suit hereunder and the court finds that the defendant has engaged in any of the foregoing prohibited activities, then the court shall allow the plaintiff a reasonable sum of money for the services of the plaintiff's HB4711 Enrolled - 5 - LRB100 17388 AWJ 32553 b attorney.
80-419.) Section 99.
80-419.) Section 20.
The Park Commissioners Land Sale Act is amended by adding Section 10 as follows:
(70 ILCS 1235/10 new) Sec.
10.
Sale of water park facility.
(a) The Rockford Park District may sell all or part of a water park facility owned by the District that has more than 4 distinct amusement attractions located on land exceeding 40 acres but less than 50 acres, no portion of which consists of a neighborhood park or a nature preserve, if:
(1) the board of commissioners of the Rockford Park HB4711 Enrolled - 6 - LRB100 17388 AWJ 32553 b District authorizes the sale by a vote of 80% or more of all commissioners in office at the time of the vote;
and (2) the sale price equals or exceeds the average of 3 independent appraisals commissioned by the Rockford Park District.
(b) This Section is repealed on December 31, 2019.
Section 99.
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Action History

  1. Public Act . . . . . . . . . 100-0595

  2. Effective Date June 29, 2018

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Concurs

  7. Senate Floor Amendment No. 2 House Concurs 105-000-000

  8. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 008-000-000

  9. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Civil Committee

  10. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  11. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Peter Breen

  12. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

  13. Arrived in House

  14. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  15. Third Reading - Passed; 059-000-000

  16. Placed on Calendar Order of 3rd Reading

  17. Senate Floor Amendment No. 2 Adopted; Curran

  18. Recalled to Second Reading

  19. Senate Floor Amendment No. 2 Recommend Do Adopt Local Government; 005-000-000

  20. Senate Floor Amendment No. 2 Assignments Refers to Local Government

  21. Senate Floor Amendment No. 1 Assignments Refers to Local Government

  22. Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.

  23. Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.

  24. Added as Alternate Chief Co-Sponsor Sen. Steve Stadelman

  25. Added as Alternate Chief Co-Sponsor Sen. Dave Syverson

  26. Senate Floor Amendment No. 2 Referred to Assignments

  27. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John F. Curran

  28. Senate Floor Amendment No. 1 Referred to Assignments

  29. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John F. Curran

  30. Placed on Calendar Order of 3rd Reading May 9, 2018

  31. Second Reading

  32. Placed on Calendar Order of 2nd Reading May 3, 2018

  33. Do Pass Local Government; 005-000-000

  34. Assigned to Local Government

  35. Referred to Assignments

  36. First Reading

  37. Chief Senate Sponsor Sen. John F. Curran

  38. Placed on Calendar Order of First Reading

  39. Arrive in Senate

  40. Added Chief Co-Sponsor Rep. Patricia R. Bellock

  41. Third Reading - Short Debate - Passed 110-001-000

  42. Placed on Calendar Order of 3rd Reading - Short Debate

  43. Second Reading - Short Debate

  44. Placed on Calendar 2nd Reading - Short Debate

  45. Do Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000

  46. Reported Back To Judiciary - Civil Committee;

  47. Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000

  48. To Real & Personal Property Law Subcommittee

  49. Remains in Judiciary - Civil Committee

  50. House Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote

  51. House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee

  52. House Committee Amendment No. 1 Referred to Rules Committee

  53. House Committee Amendment No. 1 Filed with Clerk by Rep. Peter Breen

  54. Assigned to Judiciary - Civil Committee

  55. Referred to Rules Committee

  56. First Reading

  57. Filed with the Clerk by Rep. Peter Breen

Sponsors

  • Peter Breen · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Peter Breen

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 105 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 640010
Republican 12000
Democrat 29003
Total 1050013
% of votes cast 89%0%0%11%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
D'Amico — Yea
Demmer — Yea
Lang — Yea
Cavaletto — Yea
Long — Yea
Sente — Yea
Stewart — Yea
Tabares — Yea
Bennett — Yea
Sauer — Yea
Brady — Yea
Harris, David — Yea
Harris, Gregory — Yea
Hernandez — Yea
Jones — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Frese — Yea
Greenwood — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Jesiel — Yea
Jimenez — Yea
Madigan — Not Voting
McAuliffe — Yea
Davis — Yea
McDermed — Yea
McSweeney — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Finnie, Natalie — Yea
Burke, Kelly — Not Voting
Phillips — Not Voting
Soto — Not Voting
Burke, Daniel — Not Voting
Stratton — Not Voting
Costello — Yea
Thapedi — Yea
Turner — Not Voting
Unes — Yea
Wallace — Yea
Wehrli — Yea
Welter — Yea
Winger — Yea
Currie — Yea
Drury — Not Voting
Durkin — Yea
Flowers — Yea
Fortner — Yea
Yingling — Yea
Zalewski — Yea
Olsen — Yea
Parkhurst — Yea
Pritchard — Not Voting
Reis — Not Voting
Riley — Yea
Skillicorn — Yea
Sommer — Yea
Willis — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Not Voting
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Not Voting
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Not Voting
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Republican 9000
Democrat 15000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Connelly — Yea
Mulroe — Yea
Haine — Yea
Landek — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Muñoz — Yea
Nybo — Yea
Oberweis — Yea
Rooney — Yea
Raoul — Yea
Silverstein — Yea
Steans — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Brady — Yea
Cullerton — Yea
Bush — Yea
Clayborne — Yea
Link — Yea
Cullerton, T. — Yea
Hutchinson — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Althoff — Yea
Martinez — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Third Reading

Passed 110 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 70103
Republican 10002
Democrat 30002
Total 110107
% of votes cast 93%1%0%6%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
Costello — Yea
McAuliffe — Yea
Fortner — Yea
Parkhurst — Yea
Phillips — Yea
Sente — Yea
Sommer — Yea
Bennett — Yea
Sauer — Yea
Brady — Yea
Harris, David — Yea
Harris, Gregory — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Frese — Yea
Greenwood — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Jesiel — Yea
Lang — Yea
Jones — Yea
Madigan — Yea
McDermed — Yea
McSweeney — Yea
Davis — Yea
Stewart — Yea
Stratton — Not Voting
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Tabares — Yea
Finnie, Natalie — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Wallace — Yea
Wehrli — Yea
Welter — Yea
Winger — Yea
Yingling — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Nay
Durkin — Yea
Flowers — Yea
Jimenez — Yea
Zalewski — Yea
Olsen — Yea
Pritchard — Yea
Reis — Yea
Riley — Yea
Skillicorn — Not Voting
Soto — Not Voting
Willis — Yea
Long — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Not Voting
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Not Voting
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Subjects

housing
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Frequently asked questions

What does HB 4711 do?
Amends the Counties Code. In provisions regarding building or structure zoning violations, provides that, except in relation to county-owned property, the provisions do not authorize any suit against a county or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. Effective immediately.
Who sponsors HB 4711?
HB 4711 is sponsored by Peter Breen.
What is the current status of HB 4711?
This bill has been enacted into law. Introduced February 08, 2018. Enacted.
Where can I track HB 4711?
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