Full Text of HB6243 99th General Assembly
HB6243 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6243 Introduced 2/11/2016, by Rep. Sheri L Jesiel SYNOPSIS AS INTRODUCED: |
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Creates the Short-Term Residential Rental Property Act. Provides that a short-term residential rental property listed on internet-enabled platforms shall not be regulated by a unit of local government in a manner more restrictive than bed and breakfast establishments are regulated under the Bed and Breakfast Act. Further provides that a short-term residential rental property, platform administrator, rental property host, or guest shall not be taxed by a unit of local government in an amount greater than a hotel, a hotel operator, or hotel guest. Defines terms.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB6243 | | LRB099 19532 AWJ 43926 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Short-Term Residential Rental Property Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Short-term residential rental property" means a single | 8 | | family residential dwelling with 6 or fewer bedrooms, an | 9 | | individual residential unit of a multi-family dwelling, a | 10 | | single bedroom of a single family residential dwelling, or a | 11 | | single bedroom in an individual residential unit being rented | 12 | | by a host to a guest.
| 13 | | "Host" means a individual, business, or property | 14 | | management company responsible for the management, care, and | 15 | | maintenance of a short-term residential rental property listed | 16 | | on a platform. The host may be responsible for the content of | 17 | | the advertisement on a platform, the setting of the rental | 18 | | amount, the check-in or check-out policies and procedures, and | 19 | | interactions with guests.
| 20 | | "Guest" means a person or persons who rents on a daily or | 21 | | nightly basis, or any part thereof, short-term residential | 22 | | rental property from a host through a platform for a temporary | 23 | | period.
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| | | HB6243 | - 2 - | LRB099 19532 AWJ 43926 b |
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| 1 | | "Platform" means an internet-enabled application, mobile | 2 | | application, or any other digital medium used by a platform | 3 | | administrator to connect guests with short-term residential | 4 | | rental property hosts.
| 5 | | "Platform administrator" means any person or business, who | 6 | | for compensation or a fee, uses a platform to post | 7 | | advertisements by short-term residential rental property | 8 | | hosts, to provide payment collection, and to provide payment | 9 | | distribution services between the platform administrator, | 10 | | host, and guest. A platform administrator includes services | 11 | | such as, but is not limited to, AirBnB.
| 12 | | Section 10. Regulation of short-term residential rental | 13 | | properties. A short-term residential rental property shall not | 14 | | be regulated by a unit of local government in a manner more | 15 | | restrictive than bed and breakfast establishments are | 16 | | regulated under the Bed and Breakfast Act. This Section shall | 17 | | not be interpreted to require a host to offer breakfast to a | 18 | | guest. | 19 | | Section 15. Taxing short-term residential rental | 20 | | properties. Notwithstanding any provision of law to the | 21 | | contrary, a short-term residential rental property, a platform | 22 | | administrator, host, or guest shall not be taxed by a unit of | 23 | | local government in an amount greater than a hotel, a hotel | 24 | | operator, or hotel guest is taxed under: the Hotel Operators' |
| | | HB6243 | - 3 - | LRB099 19532 AWJ 43926 b |
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| 1 | | Occupation Tax Act; Section 5-1030 of the Counties Code; | 2 | | Sections 8-3-13, 8-3-14, 8-3-14a, or 11-74.3-6 of the Illinois | 3 | | Municipal Code; Section 13 of the Metropolitan Pier and | 4 | | Exposition Authority Act; Section 19 of the Illinois Sports | 5 | | Facilities Authority Act; Section 105 of the Downstate Illinois | 6 | | Sports Facilities Authority Act; or any other future enacted | 7 | | hotel tax. | 8 | | Section 20. Home rule. A unit of local government may not | 9 | | regulate or tax short-term residential rental property in a | 10 | | manner inconsistent with this Act. This Act is a limitation | 11 | | under subsection (i) of Section 6 of Article VII of the | 12 | | Illinois Constitution on the concurrent exercise by home rule | 13 | | units of powers and functions exercised by the State.
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