December 2, 2022 State Capitol Report

2022 Veto Session Ends

The Illinois Constitution established the Veto Session to be a legislative period whereby legislation vetoed (rejected) by the Governor following a spring session could be re-considered and possibly overridden by the legislature. This year, Governor J.B. Pritzker did not veto any bills passed earlier this year so consequently there were no bills to be considered during the Veto Session. Instead, legislators returned to Springfield for the second and final week of the 2202 Veto Session and focused mainly on a newly introduced trailer bill to the controversial SAFE-T Act passed in 2021 and scheduled to take effect on Jan. 1, 2023.

Legislative Action this Week in Springfield

Click the bill number to view additional information

This is a trailer bill (follow-up bill) containing clarification language to the controversial SAFE-T Act passed in the Spring 2021 session.

  • Since the passage of the initial SAFE-T Act, Illinois REALTORS® has raised serious concerns over the lack of clarification to changes regarding trespassing. Early in the negotiations, we offered language to the bill to remove doubt that persons accused of trespassing could be removed and arrested, and not merely cited for this serious violation. Fewer issues are more fundamental to REALTORS® and all homeowners than private property rights. After two years of negotiations, your Illinois REALTORS® Governmental Affairs team is very happy to report that clarification language was included in trailer bill HB 1095.
  • In the original bill, of most concern to the Illinois REALTORS® was the change made to the crime of trespassing. The original bill seemed to say that trespassing was no longer an arrestable offence. The proponents of the bill disagreed and so negotiations began. Our concern was that law enforcement officers could no longer arrest and remove any person trespassing on private property but merely give that person a citation, and not remove and arrest the accused. After months of negotiations between numerous organizations, on Dec. 1, 2022, the Illinois legislature passed this trailer bill containing clarification language regarding trespassing and this section is scheduled to become effective on Jan. 1, 2023.
  • The new language provides that a law enforcement officer is to offer a citation in lieu of custodial arrest unless:
    • The officer reasonably believes the accused person poses a threat to the community or any person, OR
    • a custodial arrest is necessary because the trespassing activity persists after the issuance of a citation, OR
    • the accused has a health issue that poses a risk to the accused.

The bill creates the Money Laundering in Real Estate Task Force in response to the need to assess and make recommendations to eliminate Russian money laundering through real estate transactions. As amended, the bill includes two representatives “from a state association representing real estate brokers” (Illinois REALTORS®) to be appointed by the Governor to serve on this task force. (Illinois REALTORS® is neutral on this legislation, which was further amended and passed unanimously in the Senate. On Nov. 30, 2022, HB 1293 passed both houses and will now be sent to the Governor where he is expected to sign the bill into law.

The bill provides that in Cook County, the estimated first installment of unpaid taxes for tax year 2022 shall be deemed delinquent after March 1, 2023 and shall begin accruing interest after April 1, 2023. This will allow additional time for property owners to pay late taxes without accruing penalties and additional interest charges. This bill passed both chambers on Dec. 1, 2022.


Bills of Interest

This bill creates the Hydrogen Fuel Replacement Tax Credit Act. HB 5818 will allow both green and clean (nuclear) fuel sources to receive tax credits. As we continue to defend against mandates requiring solely electric components, we are heavily invested in finding ways to not restrict or hinder renewable sources. HB 5818 was introduced just prior to the Veto Session and was not considered during this time. It could see action as early as the January Lame-Duck Session.

Lame Duck Session

The legislature is expected to return to Springfield during the first week of January for a final session of the 102nd General Assembly. This session, dubbed the “Lame-Duck Session”, is a post-election legislative session in which some of the legislators are voting during their final days as elected officials. Such a session takes place after the election for the next General Assembly but before the current General Assembly has reached the end of its constitutional term. During this session, only a simple majority is required on every vote making it easier for all kinds of legislation to be passed. Your Illinois REALTORS® Governmental Affairs team will maintain a watchful eye during this session which must conclude their business by noon on Wednesday, Jan. 11, 2022, when the 103rd General Assembly is sworn in.

Thank you for reading the December 2, 2022 State Capitol Report. Click here to read previous reports.

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