HB6243 99TH GENERAL ASSEMBLY

LRB099 19532 AWJ 43926 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6243

Introduced 2/11/2016, by Rep. Sheri L Jesiel

SYNOPSIS AS INTRODUCED:

New Act

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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Short-Term Residential Rental Property Act.

Section 5. Definitions. As used in this Act:

"Short-term residential rental property" means a single family residential dwelling with 6 or fewer bedrooms, an individual residential unit of a multi-family dwelling, a single bedroom of a single family residential dwelling, or a single bedroom in an individual residential unit being rented by a host to a guest.

"Host" means a individual, business, or property management company responsible for the management, care, and maintenance of a short-term residential rental property listed on a platform. The host may be responsible for the content of the advertisement on a platform, the setting of the rental amount, the check-in or check-out policies and procedures, and interactions with guests.

"Guest" means a person or persons who rents on a daily or nightly basis, or any part thereof, short-term residential rental property from a host through a platform for a temporary period.

"Platform" means an internet-enabled application, mobile application, or any other digital medium used by a platform administrator to connect guests with short-term residential rental property hosts.

"Platform administrator" means any person or business, who for compensation or a fee, uses a platform to post advertisements by short-term residential rental property hosts, to provide payment collection, and to provide payment distribution services between the platform administrator, host, and guest. A platform administrator includes services such as, but is not limited to, AirBnB.

Section 10. Regulation of short-term residential rental properties. A short-term residential rental property 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. This Section shall not be interpreted to require a host to offer breakfast to a guest.

Section 15. Taxing short-term residential rental properties. Notwithstanding any provision of law to the contrary, a short-term residential rental property, a platform administrator, 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 is taxed under: the Hotel Operators' Occupation Tax Act; Section 5-1030 of the Counties Code; Sections 8-3-13, 8-3-14, 8-3-14a, or 11-74.3-6 of the Illinois Municipal Code; Section 13 of the Metropolitan Pier and Exposition Authority Act; Section 19 of the Illinois Sports Facilities Authority Act; Section 105 of the Downstate Illinois Sports Facilities Authority Act; or any other future enacted hotel tax.

Section 20. Home rule. A unit of local government may not regulate or tax short-term residential rental property in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.