May 10, 2024 State Capitol Report

It was another long and action-packed legislative week at the Capitol for your State Legislative Team. The House returned to action on Monday and the Senate followed suit the next day. Each session day this week saw long committee hearings and caucus discussions, with floor action being limited to procedural matters or issues needing extensive and elaborate floor debates. With only two weeks remaining before the scheduled adjournment date of May 24, the action and hours will only increase. The House will return on Monday, while the Senate will be back in Springfield on Tuesday, May 14. Below are the highlights of this week’s legislation.

Bills of Interest

The following “Bills of Interest” saw legislative action in committee this week.

This bill declares that it is against the public policy of the state for a landlord to take retaliatory action against a tenant. Prohibits a landlord from knowingly terminating a tenancy, increasing rent, decreasing services, bringing or threatening to bring a lawsuit against a tenant for possessing or refusing to renew a lease or tenancy because the tenant has in good faith taken certain actions, including but not limited to: complaining of building, housing, health, or similar code violations to units of government, complaining or requesting the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement. Creates remedies for violation by a landlord including damages, punitive damages, or recovering possession of the premises. Creates an affirmative defense under the Code of Civil Procedure in eviction actions if a landlord violates the Landlord Retaliation Act.

In the Senate this week, the bill was amended at the request of the Illinois REALTORS® regarding complaints, affirmative defense and penalties. Unfortunately, the latest amendment did not address all of our concerns. Illinois REALTORS® has been in negotiations and discussions with this legislation since January and continues to work with the sponsors to address the problematic language. Illinois REALTORS® among other organizations, has requested amendments that would bring all parties to an agreement and bring REALTORS® to neutral. The bill is on Second Reading in the Senate.

This bill amends the Code of Civil Procedure. Provides that in the Eviction Article the term “impounded” has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term “seal” with “impound”. Amends the Criminal Identification Act to make conforming changes. Illinois REALTORS® continues to work with the sponsors to clarify this language to make sure future landlords have an opportunity to view eviction records, Illinois REALTORS® is seeking a floor amendment to remove the problematic section. The bill is on Second Reading in the Senate.

This bill creates an income tax credit for taxpayers who have an approved NFPA 13D residential fire sprinkler system installed in a new or existing residential dwelling in the state during the taxable year. Provides that the credit shall be in an amount equal to 50 percent of the total cost of the installation but not to exceed $10,000 per taxpayer in any taxable year. The bill was heard today in the House Revenue Committee. No vote was taken on the bill. Illinois REALTORS® is currently involved and monitoring this legislation.

This bill creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets the conditions outlined in the bill. Several amendments have been added to this bill which moved to Third Reading in the Senate.

This bill provides that, from assessment year 2025 through assessment year 2030, in Bremen, Bloom, Rich, and Thornton townships in Cook County, commercial and industrial property shall be assessed at the same level of assessment as residential property. Provides that, beginning with assessment year 2031, Cook County may establish a sliding scale with respect to the statutory level of assessment for commercial and industrial property in those townships that allows those properties to be subject to the same level of assessment as other commercial and industrial property in the county. Preempts the exercise of home rule powers. The bill was heard in the House Revenue Committee this week, but no vote was taken.

This bill amends the Property Tax Code to provide that the abatement for property located in an area of urban decay also applies to newly remodeled single-family or duplex residential dwelling units (currently, only newly constructed single-family or duplex dwelling units). Provides that provisions requiring the abatement to be reduced in 20 percent increments annually during the last four years of the abatement period apply only to abatements granted prior to the effective date. Illinois REALTORS® encourages this legislation which has been placed on Second Reading in the House.

This bill provides that the Illinois Department of Revenue, in consultation with the Illinois Department of Commerce and Economic Opportunity, shall conduct a study to evaluate the property tax system in the state. Provides that the Illinois Department of Revenue may determine the scope of the historical data necessary to complete the study, but in no event shall the scope or time period be less than the 10 most recent tax years for which the Department has complete data. Provides that the study need not be limited to certain specified factors. Removes provisions from the introduced bill providing that the study shall include an analysis of the use of technology in data collection. Provides that the Illinois Department of Revenue may (in the introduced bill, shall) consult with Illinois institutions of higher education in conducting the study. Provides that the Illinois Department of Revenue may also consult with units of local government. Makes other changes.

At-A-Glance

Next week will begin with the House coming in on Monday and will pick up right where we left off. As mentioned above, we can expect legislation to be moving rapidly and just like this past week, your State Legislative Team will respond immediately and take action on new amendments to any bills that would affect the real estate industry. Only 12 scheduled session days remain, and the action should only pick up from here … Stay tuned!

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