Bill Text: IL SB2172 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Housing Development Act. Removes from the definition of the term "limited-profit entity" limited-profit entities having articles of incorporation which provide that if the limited-profit entity receives a loan from the Illinois Housing Development Authority, the Chairman of the Authority shall have the power, if he determines that any such loan is in jeopardy of not being repaid, or that the proposed development for which such loan was made is in jeopardy of not being constructed, or the limited-profit entity is otherwise in violation of rules and regulations promulgated by the Authority, to appoint to the board of directors or other comparable controlling body of such limited-profit entity a number of new directors or persons, which number shall be sufficient to constitute a voting majority of such board or controlling body. Removes provisions prohibiting a limited-profit entity which receives loans from the Authority from making distributions in any one year with respect to a development financed by the Authority in excess of 6% of its equity in such development. Adds language providing that the equity in a development shall consist of the difference between the amount of the mortgage loan and the total cost of the development. Provides that the Authority shall approve a tenant selection plan submitted by the applicant for the loan prior to disbursing any funds in connection with the acquisition, rehabilitation, or construction of a development (rather than providing that prior to making a loan commitment for a development, the Authority shall approve a tenant selection plan submitted by the applicant for the loan). Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2172 Detail]

Download: Illinois-2013-SB2172-Amended.html

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Rep. Jack D. Franks

Filed: 10/16/2013

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AMENDMENT TO SENATE BILL 2172
AMENDMENT NO. ______. Amend Senate Bill 2172 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
adding Sections 2105-130 and 2105-135 as follows:
(20 ILCS 2105/2105-130 new)
Sec. 2105-130. Determination of disciplinary sanctions.
Upon a finding by the Department that a person has committed a
violation of any licensing Act administered by the Department
with regard to licenses, certificates, or authorities of
persons exercising the respective professions, trades, or
occupations, the Department may revoke, suspend, refuse to
renew, place on probationary status, fine, or take any other
disciplinary action as authorized in any licensing Act
administered by the Department with regard to those licenses,

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certificates, or authorities. When making a determination of
the appropriate disciplinary sanction to be imposed, the
Department shall consider only evidence contained in the
record. For factors in aggravation, the Department shall
consider, but is not limited to, the following:
(1) the seriousness of the offenses;
(2) the presence of multiple offenses;
(3) prior disciplinary history, including actions
taken by other agencies in this State or by other States or
jurisdictions, hospitals, health care facilities,
residency programs, employers, insurance providers, or any
of the armed forces of the United States or any state;
(4) the impact of the offenses on any injured party;
(5) the vulnerability of any injured party, including,
but not limited to, consideration of the injured party's
age, disability, or mental illness;
(6) the motive for the offenses;
(7) the lack of contrition for the offenses;
(8) financial gain as a result of committing the
offenses; and
(9) the lack of cooperation with the Department or
other investigative authorities.
When making a determination of the appropriate
disciplinary sanction to be imposed, the Department shall
consider only evidence contained in the record. For factors in
mitigation, the Department shall consider, but is not limited

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to, the following:
(1) the lack of prior disciplinary action by the
Department or by other agencies in this State or by other
states or jurisdictions, hospitals, health care
facilities, residency programs, employers, insurance
providers, or any of the armed forces of the United States
or any state;
(2) contrition for the offenses;
(3) cooperation with the Department or other
investigative authorities;
(4) restitution to injured parties;
(5) whether the misconduct was self-reported; and
(6) any voluntary remedial actions taken.
(20 ILCS 2105/2105-135 new)
Sec. 2105-135. Judicial review.
(a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law. The term "administrative decision" has the same meaning as
in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Sangamon County.
(c) In every action to review any final administrative
decision, the factual findings and conclusions of the

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Department are deemed prima facie true and correct. The court
shall determine whether those findings are contrary to the
manifest weight of the evidence. Notwithstanding any other
provision in the Administrative Review Law or the Illinois
Administrative Procedure Act to the contrary, judicial review
of any sanction imposed in a final administrative decision by
the Department for violation of any licensing Act administered
by the Department may include consideration of sanctions
imposed in previous disciplinary actions against other
licensees. However, that consideration by a reviewing court may
only be one factor in any review and shall not be dispositive
of any appeal of the sanction imposed by the Department.
Section 99. Effective date. This Act takes effect upon
becoming law.".