March 11, 2022 State Capitol Report

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This Week in Springfield

Both the House and Senate were in Springfield this week for scheduled session days and for the first time since early in March 2020, the House held in-person committee hearings. The Illinois REALTORS® Legislative Team is focused on negotiations and amendments to active legislation that has passed one chamber. We still are providing input and have concerns with several pieces of legislation that now goes through the legislative process in the opposite chamber. Below is a highlight of legislation of interest to the Illinois REALTORS® that has passed out of one chamber and is now in opposite chamber.

Both the House and Senate were in Springfield this week for scheduled session days and for the first time since early in March 2020, the House held in-person committee hearings. The Illinois REALTORS® Legislative Team is focused on negotiations and amendments to active legislation that has passed one chamber. We still are providing input and have concerns with several pieces of legislation that now goes through the legislative process in the opposite chamber. Below is a highlight of legislation of interest to the Illinois REALTORS® that has passed out of one chamber and is now in opposite chamber.

After months of negations, language has been agreed upon and an amendment to this bill is expected to be offered soon that removes the massive expansion mandating landlords to participate in all assistance programs.  We support the amendment to pare down the bill to only the traditional Source of Income language, but we remain tacitly opposed to the bill.

This bill creates the Electric Vehicle Charging Act, that mandates requirements for parking spaces that are electrical vehicle ready applicable to new or renovated residential buildings, including single-family home construction. The Illinois REALTORS® Legislative Team are working on an amendment to remove the mandated requirements, which in-turn would remove our opposition.

Initially, the bill would have codified certain language from the Federal Housing Act into the Illinois Human Rights Act.  The new language introduced the term, “otherwise make unavailable.” Illinois REALTORS® pointed out that without the context of the precedent and other federal provisions, the addition of this language would have potentially caused confusion and uncertainty regarding human right’s violations for licensed real estate brokers and salesmen. After discussions with our legislative and legal teams, Chairperson Gong-Gershowitz agreed, and took that provision out of the bill.  The Legislative Team appreciates the sponsor seeking and hearing our views. The Illinois REALTORS® are now neutral on the bill.

This bill requires EPA to update data of indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities can petition to become an environmental justice community.  The bill also increases permitting fees and makes many changes found to be objectionable by the business community. The Illinois REALTORS® are a part of a current coalition working to make this bill more reasonable.

This bill amends various regulatory Acts administered by the Department of Financial and Professional Regulation (DFPR), including the Illinois Real Estate License Act. The changes are clean-up, clarification and updating the law. Illinois REALTORS® worked with DFPR in drafting this bill, and we support the legislation.

As a result of the Surfside Condo collapse, condo owners are asking for reserve studies to be made available to residents.  This bill requires Condo HOAs to add reserve studies to the list of items that the HOA must make available upon request.  Illinois REALTORS® SUPPORTS this measure.

Makes clarifications in the Residential Real Property Disclosure Act. Illinois REALTORS® worked on this legislation with the Illinois Real Estate Lawyers Association, and we SUPPORT this legislation, as amended.

This bill provides that a form for a special warranty deed must have a blank space 3” by 5”. Illinois REALTORS® are neutral on the bill.

This bill provides that a physical or electronic image of the recorder’s stamp satisfies the signature requirement for recorded instruments prior to, on, or after the effective date of this bill. Illinois REALTORS® position is neutral.

This bill creates the Cook County Housing Trust Fund for Cook County Housing Authority. Illinois REALTORS® position is neutral.

Intended to address wage theft issues across the construction industry, the bill provides that if a subcontractor failed to pay its employees, the primary contractor that hired the subs would be liable for a wage claim under the Wage Payment and Collection Act.  As originally written, the term, “primary contractor” would have included homeowners acting as the primary contractor for their own homestead. Following negotiations, the revised bill, which is now advancing, exempts homeowners acting as the primary contractor on his or her own residence.  As amended with this change, Illinois REALTORS® are NEUTRAL on the bill.

This bill exempts listed Land Banks from property taxes. Currently land banks are already exempted form property taxes once there are officially part of an existing land banks inventory. HB5532 codifies existing county and municipal code into State statue. Illinois REALTORS® are neutral.

This bill creates the Comprehensive Licensing Information to Minimize Barriers Task Force Act within IDFPR. Illinois REALTORS® are neutral.

This bill makes several changes to Regulatory Sunset Act, including requiring the Office of Management & Budget to conduct a study on regulatory agencies as to if the agencies restrict professions any more than is necessary.  Illinois REALTORS® are neutral.

This bill allows HOA’s to file appeals with the Property Tax Appeal Board.  Illinois REALTORS® are neutral.

This bill requires a tax purchaser to file a petition for tax deed with circuit court clerk instead of county clerk. Illinois REALTORS® are neutral.

This bill creates the Tow Notice Act requiring landlords to provide up to 3 hours’ notice to owners of vehicles left on the property before having abandoned vehicles towed. Illinois REALTORS® position is neutral.

This bill creates the Decennial Committees on Local Government Consolidation and Efficiency Act to require each unit of local government to study every 10 years if consolidation would be efficient.

This bill modifies several provisions related to assessed value of residential property. Illinois REALTORS® are neutral.

Next Week At A Glance

Only the House will be in Springfield next week and the Illinois REALTORS® Legislative Team will continue to conduct negotiation meetings on active bills of concern. REALTOR® input has been considered and a critical part of every bill that affects the real estate industry and private property rights. For up-to-date coverage of the remainder of this spring session, STAY TUNED!

Thank you for reading the March 11, 2022 State Capitol Report. Click here to read previous reports.

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