HB1267 103RD GENERAL ASSEMBLY

LRB103 05069 RJT 50083 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1267

Introduced 1/31/2023, by Rep. Chris Miller

SYNOPSIS AS INTRODUCED:

765 ILCS 60/7	from Ch. 6, par. 7
765 ILCS 60/7.5 new

Amends the Property Owned By Noncitizens Act. Provides that, beginning on the effective date of the amendatory Act, the Governor shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in Illinois by any noncitizens. Provides that the Commission on Government Forecasting and Accountability shall submit to the General Assembly a report that details the history of purchases of public and private real estate located in the State by noncitizens; provides more information on the percentage of real estate located in the State that is owned by noncitizens; and offers recommendations to make it easier for citizens and harder for noncitizens to purchase real estate located in the State, including farmland. Repeals the provisions 5 years after the effective date of the Act. Makes conforming changes.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Property Owned By Noncitizens Act is amended by changing Section 7 and by adding Section 7.5 as follows:

(765 ILCS 60/7) (from Ch. 6, par. 7)

Sec. 7. Except as provided in Section 7.5, all All noncitizens may acquire, hold, and dispose of real and personal property in the same manner and to the same extent as natural born citizens of the United States, and the personal estate of a noncitizen dying intestate shall be distributed in the same manner as the estates of natural born citizens, and all persons interested in such estate shall be entitled to proper distributive shares thereof under the laws of this state, whether they are noncitizens or not.

This amendatory Act of 1992 does not apply to the Agricultural Foreign Investment Disclosure Act.

(Source: P.A. 102-1030, eff. 5-27-22.)

(765 ILCS 60/7.5 new)

Sec. 7.5. Prohibition on purchase of public or private real estate by noncitizens.

(a) Notwithstanding Section 7 or any other provision of law, beginning on the effective date of this amendatory Act of the 103rd General Assembly, the Governor shall take such actions as may be necessary to prohibit the purchase of public or private real estate by noncitizens. As used in this Section, "noncitizen" means: (i) any foreign national, foreign government, or foreign entity; or (ii) any entity over which control is exercised or exercisable by a foreign national, foreign government, or foreign entity. "noncitizen" also includes a corporation, partnership, or other association: (i) created under the laws of a foreign country; and (ii) substantially beneficially owned by nationals of that foreign country or any other foreign country.

(b) Within 6 months after the effective date of this amendatory Act of the 103rd General Assembly, the Commission on Government Forecasting and Accountability shall submit to the General Assembly a report that:

(1) details the history of purchases of public and private real estate located in the State by noncitizens;

(2) provides more information on the percentage of real estate located in the State that is owned by noncitizens; and

(3) offers recommendations to make it easier for citizens and harder for noncitizens to purchase real estate located in the State, including farmland.

(c) This Section is repealed 5 years after the effective date of this amendatory Act of the 103rd General Assembly.