Full Text of HB2919 101st General Assembly
HB2919 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Michael J. Zalewski
SYNOPSIS AS INTRODUCED:
Creates the Short-Term Rental Act. Provides that units of local
government may not enact or enforce an ordinance, regulation, or plan that
has the express or practical effect of prohibiting short-term rentals.
Restricts the use of or regulation of short-term rentals based on their
classification, use, or occupancy. Allows the regulation of short-term
rentals to protect public health, safety, sanitation, traffic control,
solid or hazardous waste control, pollution control, and other specified
circumstances. Requires short-term rental platforms to apply, calculate,
collect, and remit taxes imposed on the owner or occupant of a short-term
rental. Defines terms. Limits home rule powers. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Short-Term Rental Act.
The purpose of this Act is to promote
access to short-term rentals by limiting local governmental
authority to prohibit these beneficial property uses or to
specifically target them for regulation except in
circumstances necessary to safeguard public health and welfare
and to promote property owners access to platforms for offering
their properties as short-term rentals and enhancing local tax
revenue by requiring platforms to assume tax collection and
As used in this Act:
"Short-term rental" means a single-family dwelling, or a
residential dwelling unit in a multi-unit structure,
condominium, cooperative, timeshare, or similar joint property
ownership arrangement that is rented for a fee for less than 30
consecutive days. "Short-term rental" includes vacation
rentals. "Short-term rental" does not include: (a) a unit that
is used for any non-residential purpose, including
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educational, health care, retail, restaurant, banquet space,
event center, or another similar uses; (b) a bed and breakfast
establishment as defined in Section 2 of the Bed and Breakfast
Act; or (c) transient accommodations, including hotels and
motels that are not classified as residential property for real
property taxation purposes.
"Short-term rental marketplace" means a platform through
which the owner or authorized agent of the owner of a
single-family dwelling or residential dwelling unit offers a
short-term rental to an occupant.
"Unit of local government" has the meaning given to that
term in Section 1 of Article VII of the Illinois Constitution.
Limitations in short-term rentals.
(a) A unit of local government may not:
(1) enact or enforce an ordinance, regulation, or plan
that has the express or practical effect of prohibiting
(2) restrict the use of or regulate short-term rentals
based on their classification, use, or occupancy; or
(3) regulate the operation of a short-term rental
marketplace except as provided for in Section 20.
(b) Notwithstanding the limitations in subsection (a), a
unit of local government may enact and enforce an ordinance,
regulation, or plan that regulates short-term rentals based on
their classification, use, or occupancy if the unit of local
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(1) demonstrates that the ordinance, regulation, or
plan is necessary to achieve a primary purpose of
protecting public health and safety, including fire and
building codes, health and sanitation, traffic control,
and solid or hazardous waste and pollution control;
(2) limits or prohibits the use of short-term rentals
by sex offenders; in the commission of criminal offenses;
for the selling of drugs, liquor, pornography, or obscene
materials; for topless dancing or other adult-oriented
businesses; or for any commercial purpose of the occupant
of the short-term rental; or
(3) applies sales taxes and fees to short-term rentals
at the same rate and on the same tax base as equivalent
taxes and fees applied to commercial transient lodgings,
such as hotels, within the taxing jurisdiction.
Taxes imposed on owner or occupant.
short-term rental marketplace shall apply, calculate, collect,
and remit taxes imposed on the owner or occupant of a
Home rule limitation.
A home rule unit may not
regulate short-term rentals or short-term rental marketplaces
in a manner inconsistent with this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
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the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
This Act takes effect upon