October 27, 2023 State Capitol Report

Illinois General Assembly Returned to Springfield This Week for Veto Session

Illinois lawmakers were back in Springfield to conduct the first week of a two-week fall Veto Session. The 2023 Veto Session includes six session days during two different weeks. Legislators will return Nov. 7 with a scheduled adjournment date of Nov. 9.

Each Veto Session allows the General Assembly to reconsider bills that were ultimately vetoed or revised (amendatory veto) by the governor and, at times, to take up topics that could not be resolved during the previous spring session. Under the state’s 1970 constitution, the governor has wide veto power, including reduction vetoes, amendatory vetoes, or full vetoes that can only be overridden by a 3/5 majority in the House, as well as in the Senate. While Veto Sessions are usually reserved for the previously mentioned matters, new bills can also be considered during this time.

In the weeks leading up to Veto Session, leaders in the majority party made it known that no substantial, or what could be considered “controversial,” bills were going to be considered at this time. Most of the legislative action this week took place in the form of “executive appointments” and a bill that would allow staff members of the legislature to be unionized. Most of this week’s floor debate surrounded that piece of legislation, but there were still a few bills of interest for the Illinois REALTORS®. Below is a recap of the legislative issues the Illinois REALTORS® Legislative Team is currently involved in during the Veto Session.

Bills of Interest

Click the bill number to view additional information

Passed last spring, the original bill pertained to a new “Sales Tax” initiative that did not concern the Illinois REALTORS®. HB 2507 ultimately passed the House and was sent to the Senate where in the final hours of session, an amendment was filed that changed the bill from a sales tax measure to a property tax issue. Senate Amendment 1 contained numerous property tax provisions, but the provision that was added – and that the Illinois REALTORS® Legislative Team objected to – lowered the property tax rate for Cook County nursing homes, effectively shifting a portion of the nursing homes’ property taxes onto homeowners. After passing the Senate and then in the House in the spring, this past week, Governor Pritzker returned this bill to the legislature indicating that upon removing the nursing home exemption provision, he will support and sign the bill into law. Illinois REALTORS® are supporting the amendatory veto and urging the Illinois General Assembly to accept this modification. Legislative action is expected on this bill during the second week of the Veto Session. Illinois REALTORS® SUPPORTS this amendatory veto.

During last spring’s session, Illinois REALTORS® finalized negotiations with supporters of mandating that new or renovated residential buildings have infrastructure and components necessary to install electric vehicle charging stations for every parking space immediately. We were pleased that the amendment Illinois REALTORS® offered was accepted. This amendment changed the mandate from “EV Ready” to “EV Capable” with capable defined as having the necessary electrical components for the possibility of future installation of a charging station. Further, the amendment provides that developers are not required to install the electrical components immediately, excludes all home renovations and does not require developers to retrofit conversions. SB 40 was passed last spring and signed into law by the governor. This week SB 384, Amendment 1 was passed by the Senate to amend the law that has yet to take effect. SB 384 allows tenants who are willing to cover the costs to ask their landlords to install electric charging stations. SB 384 is not a mandate so Illinois REALTORS® is NEUTRAL on this SB 384.

SB 1441 makes it a civil rights violation for any person, including a real estate broker or salesman, to refuse to engage in a real estate transaction because of a prospective buyer’s criminal or conviction record. The Illinois REALTORS® Legislative Team has been negotiating this bill with the sponsor since the bill’s introduction last February. At this time, it is uncertain, but also unlikely that this bill will receive legislative action during the Veto Session. In its current form, Illinois REALTORS® strongly OPPOSE SB1441.

SB 2597 exempts single-family residences and tiny homes that are specifically constructed for veterans from the recently passed Electric Vehicle Charging Station Act. Illinois REALTORS® SUPPORTS this legislation.

Recently introduced, the bill requires all landlords to disclose to all tenants in writing prior to signing the lease if the property is located in the Federal Emergency Management Agency Special Flood Hazard Area and if the landlord has knowledge that the rental property is or parking areas have been subject to flooding. Failure to comply with this mandate gives a tenant the right to break the lease. The bill contains additional requirements for a landlord. Illinois REALTORS® OPPOSE this legislation.

Recently introduced, this bill requires landlords renting lower-level units to purchase flood insurance for tenants. Failing to maintain flood insurance for tenants and if flooding occurs that results in damage to tenant’s personal property, the landlord would be responsible. Illinois REALTORS® OPPOSE SB 2602.

Next Week At a Glance

No veto session is scheduled for next week, as legislators will return Nov. 7. Illinois REALTORS® will continue to encourage the General Assembly to support HB2507 (see above) and are hoping to see it pass both chambers. As always, your Illinois REALTORS® Legislative Team will remain involved and engaged on all legislation that would affect the real estate industry and private property rights. Stay Tuned…

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