March 9, 2018

Bill Ward, Executive Vice President, HBAI

Here are some of the major bills we are working on at the Illinois State Capitol.

SB193 (Raul/Hoffman) shifts many duties of the Illinois Dept. of Labor to the Illinois Attorney General’s office. This bill has passed both houses on partisan roll calls. HBAI is opposed to this measure and is asking Governor Rauner to Veto the bill.

We see this as a political power grab by the Democrats to take over the duties now performed by the Republican administration.

We would add that an investigation by the Attorney General will minimize cooperation between business owners and government agents. Subpoena power by the A.G.’s office will motivate business owners to hire attorneys to protect themselves from a greater litigious situation.

The IDOL has the capability to increase cooperation with those being investigated through informal processes that produce negotiated settlements, where and when needed.

HB813 (Hoffman) would require Prevailing Wage on projects funded by TIF Districts. Illinois is already #1 in the country for construction wages, but last in the country in new home construction permits, based on single-family permits to population size.

HB4268 (Thapedi) would have allowed home owners to bypass a General Contractor and pay the Subcontractors directly on home repair and remodeling projects. It would have also required lien waivers to be given to the home owner prior to payment to the General Contractor. This would have meant that the General is funding the project, and not the home owner.

It was also possible to interpret that a violation of the Mechanics Lien Act could result in a violation of the Home Repair & Remodeling Act and the Consumer Fraud Act. At our request, these portions of the bill have been deleted.

As amended, HB4268 will place language in the Home Repair & Remodeling Act consumer brochure stating that the home owner should demand a Sworn Statement listing of the Subcontractors on the project. This is current law now but will be amplified in the brochure to guide home owners as to their consumer rights. As amended, HBAI is Neutral on the bill.

SB2531 (Murphy) would have mandated a tree preservation program for all new residential construction. Developers would have been required to hire an arborist and get a permit from the Illinois Department of Natural Resources. At the request of HBAI and the Illinois Association of Realtors, the bill is being amended down to a voluntary program providing a 10% tax abatement on residential development should the developer elect to opt in.