Bill Amendment: IL SB0331 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIVIL LAW-TECH
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0331 Detail]
Download: Illinois-2025-SB0331-Senate_Amendment_001.html
Bill Title: CIVIL LAW-TECH
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0331 Detail]
Download: Illinois-2025-SB0331-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 331 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 331 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Restock the Block Act. | ||||||
| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Covered entity" means a large institutional real estate | ||||||
| 8 | investor or an entity that receives funding from a large | ||||||
| 9 | institutional real estate investor for the purchase of a | ||||||
| 10 | residential property including, but not limited to, | ||||||
| 11 | partnerships, corporations, limited liability companies, or | ||||||
| 12 | real estate investment trusts or any subsidiary company owned | ||||||
| 13 | or operated by the covered entity. A loan provided in exchange | ||||||
| 14 | for a mortgage of the residential property that is being | ||||||
| 15 | purchased is not considered funding for the purposes of this | ||||||
| 16 | subdivision, provided that the mortgage must be of a type for | ||||||
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| 1 | which members of the general public can apply. "Covered | ||||||
| 2 | entity" does not include: | ||||||
| 3 | (1) an organization that is described in Section | ||||||
| 4 | 501(c)(3) of the Internal Revenue Code and exempt from tax | ||||||
| 5 | under Section 501(a) of the Internal Revenue Code; | ||||||
| 6 | (2) a community land trust; | ||||||
| 7 | (3) an organization primarily engaged in the | ||||||
| 8 | construction or rehabilitation of residential properties; | ||||||
| 9 | (4) a person who owns federal subsidized housing; or | ||||||
| 10 | (5) a creditor or its loan servicer acquiring | ||||||
| 11 | ownership of real property in full or partial satisfaction | ||||||
| 12 | of a secured debt. | ||||||
| 13 | "Department" means the Department of Human Services. | ||||||
| 14 | "Disqualified sale" means a sale or transfer to: | ||||||
| 15 | (1) a corporation or entity engaged in a trade or | ||||||
| 16 | business; | ||||||
| 17 | (2) a subsidiary company owned or operated by a | ||||||
| 18 | covered entity; | ||||||
| 19 | (3) a group of more than 2 individuals; or | ||||||
| 20 | (4) a person who owns any other residential real | ||||||
| 21 | estate. | ||||||
| 22 | "Large institutional real estate investor" means an entity | ||||||
| 23 | or combined group that, directly or indirectly: | ||||||
| 24 | (1) owns in the aggregate 10 or more single-family | ||||||
| 25 | homes or 8 or more multi-family homes; | ||||||
| 26 | (2) manages or receives funds pooled from investors | ||||||
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| 1 | and acts as a fiduciary with respect to one or more | ||||||
| 2 | investors; and | ||||||
| 3 | (3) has $30,000,000 or more in net value or assets | ||||||
| 4 | under management on any day during the taxable year. | ||||||
| 5 | An entity is considered owning a residential property if | ||||||
| 6 | it directly owns the residential property or indirectly owns | ||||||
| 7 | 10% or more of the residential property. | ||||||
| 8 | "Multi-family home" means a single residential building | ||||||
| 9 | divided into at least 2 but no more than 3 dwelling units | ||||||
| 10 | designed to be occupied by more than one household living | ||||||
| 11 | separately. | ||||||
| 12 | "Residential property" means a single-family home or a | ||||||
| 13 | multi-family home as defined in this Act. | ||||||
| 14 | "Single family home" means a standalone residential | ||||||
| 15 | structure designed to be occupied by one household. | ||||||
| 16 | Section 10. Excess residential property. | ||||||
| 17 | (a) There is imposed on each covered entity, an annual fee | ||||||
| 18 | of 10% of the property value of each residential property | ||||||
| 19 | owned by the covered entity as of the last day of the calendar | ||||||
| 20 | year in excess of 10 single family homes or 8 multi-family | ||||||
| 21 | homes. This fee shall increase by 10% for every 10 homes owned | ||||||
| 22 | in excess of 10 single family homes or every 8 multi-family | ||||||
| 23 | homes owned in excess of 8 multi-family homes not to exceed | ||||||
| 24 | 100% of the property value. | ||||||
| 25 | (b) The fee collected shall be deposited into the Illinois | ||||||
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| 1 | Affordable Housing Trust Fund with the purpose of funding | ||||||
| 2 | public housing projects and developments and providing rental | ||||||
| 3 | and mortgage assistance. | ||||||
| 4 | Section 15. Disqualified sales. A residential property | ||||||
| 5 | that is sold or transferred in a disqualified sale is treated | ||||||
| 6 | as a residential property that is owned by the covered entity | ||||||
| 7 | on the last day of the calendar year. | ||||||
| 8 | Section 20. 90-day waiting period. | ||||||
| 9 | (a) Notwithstanding any other provision of law, on and | ||||||
| 10 | after the effective date of this Act, it is unlawful for a | ||||||
| 11 | covered entity to purchase, acquire, or offer to purchase or | ||||||
| 12 | acquire any interest in residential property, including | ||||||
| 13 | through a disqualified sale, unless the residential property | ||||||
| 14 | has been listed for sale to the general public for at least 90 | ||||||
| 15 | days. | ||||||
| 16 | (b) The 90-day waiting period in subsection (a) restarts | ||||||
| 17 | if the seller changes the asking price for the residential | ||||||
| 18 | property, and a covered entity is prohibited from purchasing, | ||||||
| 19 | acquiring, or offering to purchase or acquire any interest in | ||||||
| 20 | the residential property until it has been listed for sale to | ||||||
| 21 | the general public at the new asking price for at least an | ||||||
| 22 | additional 90 days. | ||||||
| 23 | (c) A covered entity that violates subsection (a) or | ||||||
| 24 | subsection (b) may be subject to civil damages and penalties | ||||||
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| 1 | in an amount not to exceed $250,000. | ||||||
| 2 | (d)(1) At the time an offer is made by a covered entity | ||||||
| 3 | purchasing residential property, the covered entity is | ||||||
| 4 | required to submit to the seller or anyone acting as an agent | ||||||
| 5 | for the seller a form that has been signed and notarized by the | ||||||
| 6 | covered entity purchaser or an authorized agent thereof | ||||||
| 7 | stating that the purchaser is a covered entity. | ||||||
| 8 | (2) Within 3 days of submitting a form to a seller or | ||||||
| 9 | seller's agent under paragraph (1) of this subsection, a | ||||||
| 10 | covered entity must file the form with the Department. | ||||||
| 11 | (3) Any covered entity or covered entity's agent that | ||||||
| 12 | violates this subdivision may be subject to civil damages and | ||||||
| 13 | penalties in an amount not to exceed $10,000. | ||||||
| 14 | Section 25. Rules reporting. | ||||||
| 15 | (a) The Department shall adopt rules to administer and | ||||||
| 16 | enforce the provisions of this Act. Those rules must require | ||||||
| 17 | reporting as the Department determines necessary or | ||||||
| 18 | appropriate to carry out the purposes of this Act, including | ||||||
| 19 | reporting with respect to: | ||||||
| 20 | (1) status as a covered entity; | ||||||
| 21 | (2) the dates on which residential properties owned by | ||||||
| 22 | applicable property owners were acquired by the applicable | ||||||
| 23 | property owner; | ||||||
| 24 | (3) the dates on which residential properties owned by | ||||||
| 25 | an applicable property owner are sold by the applicable | ||||||
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| 1 | property owner in accordance with this Act; and | ||||||
| 2 | (4) whether any person acquiring a residential | ||||||
| 3 | property from an applicable property owner owns any other | ||||||
| 4 | residential properties. | ||||||
| 5 | (b) On notice and demand of the Department, any applicable | ||||||
| 6 | property owner who knowingly fails to report as required under | ||||||
| 7 | this Section or who fails to include correct information in | ||||||
| 8 | the report shall pay a penalty of $25,000 to be deposited into | ||||||
| 9 | the Illinois Affordable Housing Trust Fund with the purpose of | ||||||
| 10 | funding public housing projects and developments and providing | ||||||
| 11 | rental and mortgage assistance. | ||||||
| 12 | Section 900. The Illinois Affordable Housing Act is | ||||||
| 13 | amended by changing Section 5 as follows: | ||||||
| 14 | (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255) | ||||||
| 15 | Sec. 5. Illinois Affordable Housing Trust Fund. | ||||||
| 16 | (a) There is hereby created the Illinois Affordable | ||||||
| 17 | Housing Trust Fund, hereafter referred to in this Act as the | ||||||
| 18 | "Trust Fund" to be held as a separate fund within the State | ||||||
| 19 | Treasury and to be administered by the Program Administrator. | ||||||
| 20 | The purpose of the Trust Fund is to finance projects of the | ||||||
| 21 | Illinois Affordable Housing Program as authorized and approved | ||||||
| 22 | by the Program Administrator. The Funding Agent shall | ||||||
| 23 | establish, within the Trust Fund, a General Account, a Bond | ||||||
| 24 | Account, a Commitment Account and a Development Credits | ||||||
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| 1 | Account. The Funding Agent shall authorize distribution of | ||||||
| 2 | Trust Fund moneys to the Program Administrator or a payee | ||||||
| 3 | designated by the Program Administrator for purposes | ||||||
| 4 | authorized by this Act. After receipt of the Trust Fund moneys | ||||||
| 5 | by the Program Administrator or designated payee, the Program | ||||||
| 6 | Administrator shall ensure that all those moneys are expended | ||||||
| 7 | for a public purpose and only as authorized by this Act. | ||||||
| 8 | (b) Except as otherwise provided in Section 8(c) of this | ||||||
| 9 | Act, there shall be deposited in the Trust Fund such amounts as | ||||||
| 10 | may become available under the provisions of this Act, | ||||||
| 11 | including, but not limited to: | ||||||
| 12 | (1) all receipts, including dividends, principal and | ||||||
| 13 | interest repayments attributable to any loans or | ||||||
| 14 | agreements funded from the Trust Fund; | ||||||
| 15 | (2) all proceeds of assets of whatever nature received | ||||||
| 16 | by the Program Administrator, and attributable to default | ||||||
| 17 | with respect to loans or agreements funded from the Trust | ||||||
| 18 | Fund; | ||||||
| 19 | (3) any appropriations, grants or gifts of funds or | ||||||
| 20 | property, or financial or other aid from any federal or | ||||||
| 21 | State agency or body, local government or any other public | ||||||
| 22 | organization or private individual made to the Trust Fund; | ||||||
| 23 | (4) any income received as a result of the investment | ||||||
| 24 | of moneys in the Trust Fund; | ||||||
| 25 | (5) all fees or charges collected by the Program | ||||||
| 26 | Administrator or Funding Agent pursuant to this Act; | ||||||
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| 1 | (6) amounts as provided in Section 31-35 of the Real | ||||||
| 2 | Estate Transfer Tax Law; | ||||||
| 3 | (7) other funds as appropriated by the General | ||||||
| 4 | Assembly; and | ||||||
| 5 | (8) any income, less costs and fees associated with | ||||||
| 6 | the Program Escrow, received by the Program Administrator | ||||||
| 7 | that is derived from Trust Fund Moneys held in the Program | ||||||
| 8 | Escrow prior to expenditure of such Trust Fund Moneys. | ||||||
| 9 | (c) Additional Trust Fund Purpose: Receipt and use of | ||||||
| 10 | federal funding for programs responding to the COVID-19 public | ||||||
| 11 | health emergency. Notwithstanding any other provision of this | ||||||
| 12 | Act or any other law limiting or directing the use of the Trust | ||||||
| 13 | Fund, the Trust Fund may receive, directly or indirectly, | ||||||
| 14 | federal funds from the Homeowner Assistance Fund authorized | ||||||
| 15 | under Section 3206 of the federal American Rescue Plan Act of | ||||||
| 16 | 2021 (Public Law 117-2). Any such funds shall be deposited | ||||||
| 17 | into a Homeowner Assistance Account which shall be established | ||||||
| 18 | within the Trust Fund by the Funding Agent so that such funds | ||||||
| 19 | can be accounted for separately from other funds in the Trust | ||||||
| 20 | Fund. Such funds may be used only in the manner and for the | ||||||
| 21 | purposes authorized in Section 3206 of the American Rescue | ||||||
| 22 | Plan Act of 2021 and in related federal guidance. Also, the | ||||||
| 23 | Trust Fund may receive, directly or indirectly, federal funds | ||||||
| 24 | from the Emergency Rental Assistance Program authorized under | ||||||
| 25 | Section 3201 of the federal American Rescue Plan Act of 2021 | ||||||
| 26 | and Section 501 of Subtitle A of Title V of Division N of the | ||||||
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| 1 | Consolidated Appropriations Act, 2021 (Public Law 116�260). | ||||||
| 2 | Any such funds shall be deposited into an Emergency Rental | ||||||
| 3 | Assistance Account which shall be established within the Trust | ||||||
| 4 | Fund by the Funding Agent so that such funds can be accounted | ||||||
| 5 | for separately from other funds in the Trust Fund. Such funds | ||||||
| 6 | may be used only in the manner and for the purposes authorized | ||||||
| 7 | in Section 3201 of the American Rescue Plan Act of 2021 and in | ||||||
| 8 | related federal guidance. Expenditures under this subsection | ||||||
| 9 | (c) are subject to annual appropriation to the Funding Agent. | ||||||
| 10 | Unless used in this subsection (c), the defined terms set | ||||||
| 11 | forth in Section 3 shall not apply to funds received pursuant | ||||||
| 12 | to the American Rescue Plan Act of 2021. Notwithstanding any | ||||||
| 13 | other provision of this Act or any other law limiting or | ||||||
| 14 | directing the use of the Trust Fund, funds received under the | ||||||
| 15 | American Rescue Plan Act of 2021 are not subject to the terms | ||||||
| 16 | and provisions of this Act except as specifically set forth in | ||||||
| 17 | this subsection (c). | ||||||
| 18 | (d) Additional Trust Fund purpose. The Trust Fund may also | ||||||
| 19 | receive moneys that are designated for deposit into the Trust | ||||||
| 20 | Fund as provided in the Restock the Block Act. Those moneys may | ||||||
| 21 | be used as provided in that Act. | ||||||
| 22 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)". | ||||||
