Latest Issues Facing Our Industry

NAIOP Corporate & NAIOP Chicago identify key issues to track and monitor at the national and state levels that effect our members, member companies, and the commercial real estate industry as a whole.

Legislative Newsflash | Proposed Amendment to Article 1 | November 2022

On November 8th 2022, Illinois voting ballots will contain a proposal to amend Article 1 of the Illinois Constitution, related to worker’s rights. This proposed amendment would mean workers in Illinois have “the fundamental right” to organize and collectively bargain for agreements on wages, hours and working conditions. The text of the proposed amendment (see below) is vague yet has significant implications on businesses. Opponents fear it will lead to more corruption, more taxation, lawsuits, increased striking and unchecked power for workers/unions.

Essentially, this Amendment:

  • Creates a “fundamental right” for any employee to organize and bargain. The broad definition of employee could potentially encompass all workers in public and private sectors.
  • Allows broad based collective bargaining negotiations. The vague nature of the language would offer Constitutionally protected and potentially limitless negotiations over work terms. The potential for stalemate negotiation and strikes would be crippling.
  • Constitutionally bans right-to-work laws. This proposed Amendment would add a right-to-work ban to the Illinois Constitution. Although Illinois already includes prohibitions on right-to-work laws, this amendment would essentially provide for a widespread ban within the Constitution.
  • Creates vast and long-lasting Union power. This proposed amendment would offer seemingly limitless power to Unions. Rights set forth in the proposed amendment would be embedded in the Constitution and not simply codified in a statute with easier potential to modify in the future.
  • Creates vast potential for litigation over its terms. As indicated, the language utilized to develop the rights the proposed amendment seeks to develop is vague and touches existing laws. It guarantees countless lawsuits over its applicability and Constitutionality.

As stated above, this proposed amendment is being placed on the Nov. 8th 2022 ballot. A proposed amendment is effective if approved by 3/5ths of those voting on the question or a majority of those voting in the election. If passed, this proposed amendment will have significant far-reaching negative effects on the commercial real estate industry.

NAIOP Chicago recommends opposing this proposed amendment by actively voting “NO” on the November 8, 2022 ballot to ensure it does not move forward as a Constitutional amendment.

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Proposed Amendment Language to Change Article 1 of the Illinois State Constitution:

SECTION 25. WORKERS’ RIGHTS
(a) Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. No law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment.

(b) The provisions of this Section are controlling over those of Section 6 of Article VII.



Mayor’s Office Tax Amendment Ordinance & Proposed Sustainable Manufacturing Ordinance | March 2021

Recently, the City of Chicago Mayor’s Office presented an onerous piece of legislation to the City Council (with subsequent amendment) that would have had tremendous negative effects on industrial and other product types, particularly with regard to warehousing, wholesaling and freight movement (the “Mayor’s Office Text Amendment Ordinance”). The proposal sought to require an open-ended special use permit for a wide scope of operations that have previously been “of right” uses within their zoning classifications.

On behalf of NAIOP Chicago, we recently took a formal position against the Mayor’s Office Text Amendment Ordinance. Thankfully, the Mayor’s Office Text Amendment Ordinance, with its subsequent amendment, was recently defeated in a 15-4 vote in the City’s Zoning Committee.

Additionally, on behalf of NAIOP Chicago, we recently took a formal position in favor of another piece of related legislation sponsored by Aldermen Patrick D. Thompson, Susan Sadlowski Garza and George A. Cardenas (the “Proposed Sustainable Manufacturing Ordinance”).  The Proposed Sustainable Manufacturing Ordinance seeks to regulate the harms sought to be prevented by the Mayor’s Office Text Amendment Ordinance while providing some level of guidance and parameters to the business community, thus allowing it to survive and thrive. The preferred Proposed Sustainable Manufacturing Ordinance does not focus on blanket special use requirements but instead on compliance with sustainability guidelines such as the Chicago Sustainable Development Policy, as published by the Department of Planning and Development, and other stated guidelines intended to directly prevent site and neighborhood specific issues.

NAIOP Chicago will continue to update our members on the proposed legislation as it develops.

Take Action by Emailing Your Alderman


ALTA Survey Changes (Effective 2/23/21)

NSPS adopted the new 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, which went into effect February 23, 2021.

Read more about the changes.