March 15, 2024 State Capitol Report

Both the House and Senate returned to Springfield for three days of session and an action-packed committee hearing schedule. The Illinois REALTORS® Legislative Team was actively involved in more than 70 bills that were up for consideration in several committees. The quantity of bills and quick action was to be expected due to the committee deadline for Senate bills to be heard and considered this spring being today Friday, March 15. The Senate canceled today’s session and both the House and Senate adjourned until Wednesday, March 20. Although it was a busy week, it was also a successful week for our advocacy team. Below are the highlights of our bills of interest.

Bills of Interest

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

This bill amends the Illinois Human Rights Act to change the definition of “real estate transaction” to include any act that otherwise makes available such a transaction or alters a person’s right to real property. Makes it a civil rights violation in a real estate transaction to make unavailable or deny real property to discriminate in making available such a transaction; or use criteria or methods that have the effect of subjecting individuals to unlawful discrimination or discrimination based on familial status, immigration status, source of income, or an arrest record in a real estate transaction. The bill is attempting to “codify” federal statue into state law. Illinois REALTORS® concerns are with using a phrase for a specific Federal Fair Housing statue and applying it to state statue, more importantly an area of our state statue that has never had a federal analysis or case review. The bill is an initiative of the Illinois Attorney General’s office and the Illinois Department of Human Rights. At this moment, Illinois REALTORS® opposes this legislation and has offered an amendment. The bill is on Second Reading with the understanding the sponsor will continue to work with all parties involved to come to an agreement on the bill.

This bill amends the Code of Civil Procedure by removing language providing that process may be served by a person who is licensed or registered as a private detective or by a registered employee of a private detective agency in counties with a population of less than 2 million (instead of allowing process to be served in such a manner statewide). Also provides that in Cook County any person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act or by a registered employee of a private detective agency certified under that Act and hired to serve process shall remit $5 of each service fee to the county sheriff. The bill moved to Second Reading in the House. Illinois REALTORS® is neutral.

This bill provides that when issuing or marketing a homeowner’s insurance policy, an insurer shall disclose whether the homeowner’s insurance policy covers damage from a sewer backup or overflow from a sump pump. If it does not cover damage caused by a sewer backup or overflow from a sump pump, the insurer shall offer the insured the opportunity to purchase additional coverage for damage caused by a sewer backup or overflow from a sump pump. Illinois Realtors is neutral on this bill that moved to Second Reading in the House.

This bill creates the Wetlands and Small Streams Protection Act to restore protections for wetlands and small streams that were formerly protected from pollution and destruction by the Clean Water Act. Several organizations oppose this bill, including Illinois REALTORS®. The bill moved to Second Reading with the understanding everyone will continue to work on the bill.

This bill amends the Landlord and Tenant Act to require landlords to disclose to each of the landlord’s tenants in writing prior to signing the lease for the rental property that a rental property is ONLY located in FEMA’s Special Flood Hazard Area and the landlord must disclose in writing prior to signing of the lease any “actual knowledge” that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. The bill moved to Third Reading in the Senate. Illinois REALTORS® is neutral.

This bill amends the Condominium Property Act to provide that the board of managers of a condominium must adopt a policy to reasonably accommodate a unit owner who is a person with a disability. Illinois REALTORS® is neutral. The bill moved to Third Reading in the Senate.

This bill amends the Property Tax Code concerning the senior citizens homestead exemption, to permanently remove the requirement to reapply for the exemption in Cook County. For the rest of the counties, the bill provides that, if the county board passes a resolution removing the requirement to reapply for the exemption, the chief county assessment official shall conduct, by no later than Dec. 31 of the first year of each reassessment cycle, an audit of all senior citizen homestead exemptions granted for the preceding reassessment cycle. Illinois REALTORS® is neutral on this bill that is on Second Reading.

This bill amends the Mobile Landlord and Tenant Act. To requires a mobile home park owner to provide written notice to the officers of the homeowners’ association if the park is offered for sale including in the notice the price and terms and conditions of the sale. Provides that the mobile homeowners, through their association, have the right to purchase the park if the association meets the terms of the contract within 60 days of the notice. Provides that if a contract has not been executed within that 60-day period, the park owner has no further obligations under this Act unless the owner thereafter offers the park for sale at a materially lower price than the price specified in the notice. Illinois REALTORS® is neutral. The bill moved to Third Reading.

This bill creates the Accessible Electric Vehicle Charging Station Act to require the Illinois Department of Transportation (IDOT) to ensure that charging stations in the State are sufficiently accessible to allow independent use by drivers with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls. Also provides that the Illinois Attorney General shall have the authority to investigate and enforce any complaint. Provides that the Act does not apply to a charger owned by a resident of any of the following if the charger is not used for a commercial purpose: (1) a single-family home; (2) a condominium association; (3) a common interest community association; (4) a master association; or (5) a residential housing cooperative. Illinois REALTORS® is neutral. The bill moved to Third Reading.

This bill amends the Department of Revenue Law of the Civil Administrative Code of Illinois. 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 Department may also determine whether the existing property tax levy, assessment, appeal, and collection process is reasonable and fair and may issue recommendations to improve that process. Illinois REALTORS® is neutral. The bill is on the order of Second Reading.

This bill creates the Summary of Rights for Safer Homes Act to require the Illinois Department of Human Rights to create a summary form advising tenants who have suffered domestic violence or sexual violence of the rights that they have under Illinois law that provide protection in their ability to have safe housing. Requires landlords to attach a copy of the summary as the first page of any written residential lease entered into with a tenant. At the suggestion of Illinois REALTORS®, an amendment was added to make the effective date of this Act to be Jan. 1, 2026 to allow landlords to rearrange approved contracts.

Next Week At-A-Glance

Legislators will return a day after the March 19 Primary Election and will jump right back into legislative action. The Senate will be focused on amendments and bills on Second and Third Reading and negotiations, while the House will return with an April 5 committee deadline quickly approaching. Your Illinois REALTORS® Legislative Team will continue to be involved with any legislation impacting the real estate industry and private property rights and as always … stay tuned.

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