May 3, 2024 State Capitol Report

After a very short break and a week away from the Capitol, the House and Senate returned to Springfield for a full week of session. Each chamber began the process of introducing legislation that has previously passed in the opposite chamber. That means the House is now reviewing the Senate bills that have passed and been sent over for review and vice versa. It was another very active and successful week for the State Legislative Team. Below are the highlights of legislation that moved during this week.

Bills of Interest

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

The amendments to the Real Estate License Act will implement several changes:

  • Written brokerage agreements will now be required when a licensee acts as an agent for buyers and/or sellers.
  • Brokers seeking to upgrade their licenses will only be required to take an Illinois state-specific exam to obtain a managing broker license.
  • Fair Housing CE—Mandatory Core CE Hours will increase from four to six where two of the six will be mandatory Fair Housing-related courses.
  • Added language to highlight and support the independent contractor relationship for a licensee conducting brokerage business when that is the nature of the agreement between the sponsoring broker and the licensee.
  • Making it a violation not to have a written brokerage agreement.
  • And added IDFPR’s initiatives:
    • Going away from broker reciprocity in favor of an endorsement program for nonresident licenses to obtain an Illinois license upon completion of certain requirements.
    • Several cleanups for departmental consistency

SB 3740 was heard in the House Labor Committee and passed unanimously. Illinois REALTORS® wholeheartedly SUPPORT this important legislation which has moved to Second Reading in the House.

At the suggestion of Illinois REALTORS®, HB 5502 was introduced to highlight that in a sale of a condominium unit by a unit owner, no condo association may exercise any right of refusal, option to purchase, or right to disapprove the sale not only on the basis that the purchaser’s financing is guaranteed by the Federal Housing Administration or for a discriminatory or otherwise unlawful purpose. Illinois REALTOR® SUPPORTS this important legislation that sailed through the Senate Judiciary Committee this week unanimously and is now on Third Reading in the Senate (which is the passage stage).

This bill requires the Illinois Department of Human Rights to create a domestic violence victim’s summary of rights on the first page of residential leases. At our suggestion, the bill was amended to change the effective date to Jan 1, 2026, giving landlords time to prepare new leases. We appreciate the willingness of the sponsors and stakeholders to work with us on this bill. This week the bill was presented in the House Housing Committee where it passed and is now on Second Reading in the House. With the amendment, Illinois REALTORS® is neutral.

This bill creates the Pesticide Application on Rights-of-Way Notification Act. The bill has advanced to Third Reading in the House. Illinois REALTORS® is neutral.

This bill removes language from Civil Code of Procedures 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 2,000,000 (and instead allows process to be served in such a manner statewide). The bill also provides that the $5 of each service fee to be paid to the sheriff in a county of more than 3,000,000 shall be paid by a person hired to serve summons (instead of process). Illinois REALTORS® has closely monitored this legislation and remain neutral as the bill has reached the passage stage in the Senate.

This bill creates the Landlord Retaliation Act to prohibit 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 has taken certain actions, including but not limited to (i) complaining of code violations applicable to the premises to the relevant governmental agency responsible for enforcement of a building, housing, health, or similar code; (ii) complaining of a building, housing, health, or similar code violation, or an illegal landlord practice to a community organization or the news media; or (iii) 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. The bill was posted for hearing and has been postponed from legislative action to allow further negotiations to continue. Illinois REALTORS® remains opposed to HB 4768, but is confident in an agreement being made through an amendment.

This bill provides that the loan may be used for repair or maintenance of a guaranteed residence’s water and sewer pipes and repair of a guaranteed residence. Illinois REALTORS® has been involved with this legislation since its introduction and remains neutral. The bill moved to passage stage in the Senate.

This bill mandates that all manufactured housing be installed with a weather radio after 2023. Provides that an installer of manufactured homes must supply a weather radio with specified requirements in each manufactured home installed after 2023. The bill is on Third Reading in the Senate.

This bill requires that a fire sprinkler inspector be employed by a single fire sprinkler contractor at a time to perform fire sprinkler inspections (rather than be employed by a fire sprinkler contractor). Adds language that provides that nothing in the Fire Sprinkler Contractor Licensing Act shall be construed to prohibit an individual who is licensed as a fire sprinkler inspector from being employed by another employer or self-employed to perform duties that would not require a fire sprinkler inspector license. Illinois REALTORS® is monitoring this legislation for additional amendments regarding mandates, SB 2702 is on Second Reading in the House.

This bill mandates that Condo Associations adopt policy to accommodate unit owners with a disability who requires an accessible parking space to ensure they have a parking space access to the building. Provides that the board of managers must make reasonable efforts to facilitate a resolution between unit owners to provide for accessible parking if the association does not own or otherwise control parking that meets the accessible parking needs. The bill moved to Second Reading.

This bill requires the Illinois Department of Natural Resources to consult with the Illinois Department of Agriculture before adding or removing any plant from the exotic weed list by administrative rule. Authorizes the Department to also consult with any group serving interests in agriculture, industry, conservation, ecology, or management regarding exotic weeds. Illinois REALTORS is neutral. The bill moved to Second Reading in the House.

This bill prohibits a park from evicting a tenant on the grounds of non-payment of rent if the park has not applied for its license or its license renewal and failed to submit all fees due and payable under the Mobile Home Park Act. The State Legislative Team is closely monitoring this legislation that has moved to Second Reading in the House.

This bill 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 home owners, 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. After an amendment was added allowing for 60 days instead of one year, Illinois REALTORS® is neutral on this bill that moved to Second Reading in the House.

This bill provides that the board of trustees of a mosquito abatement district shall have power to monitor ticks and other vectors. Limits the scope of the surveillance, and requires a mosquito abatement district to notify a forest preserve district or conservation district prior to or within 48 hours after accessing the respective forest preserve district’s or conservation district’s land for surveillance required by the Department. Requires the district to report to the Illinois Department of Public Health, in addition to the local certified public health department, the results of any positive mosquito, tick, or vector (rather than mosquito) samples infected with arboviral or bacterial infections (rather than arboviral infections). The bill moved to Second Reading in the House.

This bill amends the Real Estate Transfer Tax Law in the Property Tax Code to provide that paper revenue stamps shall be phased out by Dec. 31, 2025. Requires counties to issue electronic revenue stamps. Illinois REALTORS® is monitoring this legislation that moved to Second Reading in the House.

This bill extends the date to file a charge from 300 calendar days to two years for an alleged violation under the Act except for the Real Estate Transactions Article. Illinois REALTORS® requested the real estate exemption and is now neutral on this bill that is on Second Reading in the House.

This bill provides for the establishment of business improvement districts by a municipality by ordinance after petition by property owners, creation of a district plan, notice, and hearings. Illinois REALTORS® is following this legislation which is now on Second Reading in the House.

At-A-Glance

Only three weeks remain on the calendar for scheduled session days and substantiative bills, with the last week of May being reserved for strictly budgetary matters. As the end of session nears, your State Legislative Team has a lot of work just beginning with several pieces of legislation still needing to either go through the legislative process and be acted upon or negotiations and agreements will be happening to address problematic language. It should be an action-packed final couple of weeks….Stay Tuned!

Thank you for reading the May 3, 2024 State Capitol Report. Click here to read previous reports.