Illinois 95th Regular Session Status: Enacted

SB 461 — PROP TX-TAX DEEDS

Last action — Public Act . . . . . . . . . 95-0477

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Property Tax Code. Provides that relief from an order for a tax deed may be had under certain provisions of the Code of Civil Procedure concerning motions after judgment in nonjury cases. Provides that notice of the expiration of the period of redemption must be served upon certain owners and parties interested in the property in the manner set forth under certain provisions of the Code of Civil Procedure (now, personal service). Requires the court to enter orders to place the tax-deed grantee's successor in interest in possession of the property and authorizes the court to grant other relief to maintain the successor in interest in possession. Provides that the notice of the expiration of the period of redemption may not be served more than 6 months (now, 5 months) before the expiration of the period of redemption. Provides that the changes concerning post-judgment motions and the changes concerning the possession by the tax-deed grantee's successor in interest must be construed as being declarative of existing law and not as a new enactment.

Bill Text

What changed in the latest version

24 added · 24 removed

Plain-language change summary

The recent amendment to Bill SB 461 introduced changes related to the process of selling properties at a scavenger sale for unpaid taxes. Specifically, it allows properties to be sold even if the highest bid is less than the total amount owed, provided a minimum bid is met. This change could make it easier for counties to sell delinquent properties, potentially reducing the number of abandoned properties and improving local communities’ financial situations. It emphasizes a more flexible approach to bidding, fostering opportunity for buyers and possibly increasing participation in these sales.

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SB0461 Engrossed LRB095 03626 BDD 23648 b AN ACT concerning revenue.
SB0461 Enrolled LRB095 03626 BDD 23648 b AN ACT concerning revenue.
The minimum bid for any property shall be $250 or one-half of the tax if the total liability is less than SB0461 Engrossed - 2 - LRB095 03626 BDD 23648 b $500.
The minimum bid for any property shall be $250 or one-half of the tax if the total liability is less than SB0461 Enrolled - 2 - LRB095 03626 BDD 23648 b $500.
Liability shall not be reduced where the bidder upon reoffering also fails to pay the bid amount, and in that event both bidders shall remain liable for the unpaid balance of SB0461 Engrossed - 3 - LRB095 03626 BDD 23648 b their respective bids.
Liability shall not be reduced where the bidder upon reoffering also fails to pay the bid amount, and in that event both bidders shall remain liable for the unpaid balance of SB0461 Enrolled - 3 - LRB095 03626 BDD 23648 b their respective bids.
The county collector shall prepare a SB0461 Engrossed - 4 - LRB095 03626 BDD 23648 b Scavenger Tax Judgment, Sale and Redemption Record.
The county collector shall prepare a SB0461 Enrolled - 4 - LRB095 03626 BDD 23648 b Scavenger Tax Judgment, Sale and Redemption Record.
All proceedings for the issuance of a tax deed and all tax deeds for properties sold under this Section shall be SB0461 Engrossed - 5 - LRB095 03626 BDD 23648 b subject to Sections 22-30 through 22-55.
All proceedings for the issuance of a tax deed and all tax deeds for properties sold under this Section shall be SB0461 Enrolled - 5 - LRB095 03626 BDD 23648 b subject to Sections 22-30 through 22-55.
SB0461 Engrossed - 6 - LRB095 03626 BDD 23648 b (6) If redeemed after 24 months from the date of sale, the 48% herein provided together with interest at 6% per year thereafter.
SB0461 Enrolled - 6 - LRB095 03626 BDD 23648 b (6) If redeemed after 24 months from the date of sale, the 48% herein provided together with interest at 6% per year thereafter.
(6) If redeemed after 24 months from the date of sale, SB0461 Engrossed - 7 - LRB095 03626 BDD 23648 b the 48% provided for the 24 months together with interest at 6% per annum thereafter on the amount of taxes, special assessments, penalties, interest, and costs due.
(6) If redeemed after 24 months from the date of sale, SB0461 Enrolled - 7 - LRB095 03626 BDD 23648 b the 48% provided for the 24 months together with interest at 6% per annum thereafter on the amount of taxes, special assessments, penalties, interest, and costs due.
The county board of the county in which properties offered for sale under this Section SB0461 Engrossed - 8 - LRB095 03626 BDD 23648 b are located may bid as trustee for all taxing districts having an interest in the taxes for the nonpayment of which the parcels are offered.
The county board of the county in which properties offered for sale under this Section SB0461 Enrolled - 8 - LRB095 03626 BDD 23648 b are located may bid as trustee for all taxing districts having an interest in the taxes for the nonpayment of which the parcels are offered.
The County may sell the properties so acquired, or the certificate of purchase thereto, and the proceeds of the sale shall be distributed to the taxing districts in proportion to their SB0461 Engrossed - 9 - LRB095 03626 BDD 23648 b respective interests therein.
The County may sell the properties so acquired, or the certificate of purchase thereto, and the proceeds of the sale shall be distributed to the taxing districts in proportion to their SB0461 Enrolled - 9 - LRB095 03626 BDD 23648 b respective interests therein.
1-1-00.) SB0461 Engrossed - 10 - LRB095 03626 BDD 23648 b (35 ILCS 200/22-10) Sec.
1-1-00.) SB0461 Enrolled - 10 - LRB095 03626 BDD 23648 b (35 ILCS 200/22-10) Sec.
SB0461 Engrossed - 11 - LRB095 03626 BDD 23648 b This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on ......................
SB0461 Enrolled - 11 - LRB095 03626 BDD 23648 b This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on ......................
SB0461 Engrossed - 12 - LRB095 03626 BDD 23648 b TELEPHONE:..................
SB0461 Enrolled - 12 - LRB095 03626 BDD 23648 b TELEPHONE:..................
In addition, the notice shall be served by a sheriff (or if he or she is disqualified, by a coroner) of the county in which the property, or any part thereof, is located upon owners who reside on any part of the property sold by SB0461 Engrossed - 13 - LRB095 03626 BDD 23648 b leaving a copy of the notice with those owners personally.
In addition, the notice shall be served by a sheriff (or if he or she is disqualified, by a coroner) of the county in which the property, or any part thereof, is located upon owners who reside on any part of the property sold by SB0461 Enrolled - 13 - LRB095 03626 BDD 23648 b leaving a copy of the notice with those owners personally.
(a) as to individuals, by (1) leaving a copy of the SB0461 Engrossed - 14 - LRB095 03626 BDD 23648 b notice with the person personally or (2) by leaving a copy at his or her usual place of residence with a person of the family, of the age of 13 years or more, and informing that person of its contents.
(a) as to individuals, by (1) leaving a copy of the SB0461 Enrolled - 14 - LRB095 03626 BDD 23648 b notice with the person personally or (2) by leaving a copy at his or her usual place of residence with a person of the family, of the age of 13 years or more, and informing that person of its contents.
When a judgment is a lien upon the property sold, the SB0461 Engrossed - 15 - LRB095 03626 BDD 23648 b holder of the lien shall be served with notice if the name of the judgment debtor as shown in the transcript, certified copy or memorandum of judgment filed of record is identical, as to given name and surname, with the name of the party interested as it appears of record.
When a judgment is a lien upon the property sold, the SB0461 Enrolled - 15 - LRB095 03626 BDD 23648 b holder of the lien shall be served with notice if the name of the judgment debtor as shown in the transcript, certified copy or memorandum of judgment filed of record is identical, as to given name and surname, with the name of the party interested as it appears of record.
publication of SB0461 Engrossed - 16 - LRB095 03626 BDD 23648 b notice.
publication of SB0461 Enrolled - 16 - LRB095 03626 BDD 23648 b notice.
If the property is not in a municipality in a county with less than 3,000,000 inhabitants, or if no newspaper SB0461 Engrossed - 17 - LRB095 03626 BDD 23648 b is published therein, or if the property is in a county with 3,000,000 or more inhabitants, the notice shall be published in some newspaper in the county.
If the property is not in a municipality in a county with less than 3,000,000 inhabitants, or if no newspaper SB0461 Enrolled - 17 - LRB095 03626 BDD 23648 b is published therein, or if the property is in a county with 3,000,000 or more inhabitants, the notice shall be published in some newspaper in the county.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply only to matters in which a SB0461 Engrossed - 18 - LRB095 03626 BDD 23648 b petition for tax deed is filed on or after the effective date of this amendatory Act of the 95th General Assembly.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply only to matters in which a SB0461 Enrolled - 18 - LRB095 03626 BDD 23648 b petition for tax deed is filed on or after the effective date of this amendatory Act of the 95th General Assembly.
The changes to this Section made by this amendatory Act of SB0461 Engrossed - 19 - LRB095 03626 BDD 23648 b the 95th General Assembly apply only to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of the 95th General Assembly.
The changes to this Section made by this amendatory Act of SB0461 Enrolled - 19 - LRB095 03626 BDD 23648 b the 95th General Assembly apply only to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of the 95th General Assembly.
The changes to this Section made by this amendatory Act of SB0461 Engrossed - 20 - LRB095 03626 BDD 23648 b the 95th General Assembly apply only to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of the 95th General Assembly.
The changes to this Section made by this amendatory Act of SB0461 Enrolled - 20 - LRB095 03626 BDD 23648 b the 95th General Assembly apply only to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of the 95th General Assembly.
Prior to the entry of an order directing the issuance of a tax deed, the petitioner shall furnish the court with a report of proceedings of the evidence received on the application for tax deed and the report of proceedings shall be filed and made a part of the SB0461 Engrossed - 21 - LRB095 03626 BDD 23648 b court record.
Prior to the entry of an order directing the issuance of a tax deed, the petitioner shall furnish the court with a report of proceedings of the evidence received on the application for tax deed and the report of proceedings shall be filed and made a part of the SB0461 Enrolled - 21 - LRB095 03626 BDD 23648 b court record.
The clerk may not include in a tax deed more than one property as listed, assessed and sold in one description, SB0461 Engrossed - 22 - LRB095 03626 BDD 23648 b except in cases where several properties are owned by one person.
The clerk may not include in a tax deed more than one property as listed, assessed and sold in one description, SB0461 Enrolled - 22 - LRB095 03626 BDD 23648 b except in cases where several properties are owned by one person.
SB0461 Engrossed - 23 - LRB095 03626 BDD 23648 b (2) proof that the property was exempt from taxation;
SB0461 Enrolled - 23 - LRB095 03626 BDD 23648 b (2) proof that the property was exempt from taxation;
In such a case, the tax purchaser shall be entitled to the original amount required to redeem the property plus interest from the sale as of the last date of redemption together with costs actually expended subsequent to the expiration of the period of redemption and reasonable SB0461 Engrossed - 24 - LRB095 03626 BDD 23648 b attorney’s fees, all of which shall be dispensed from the fund created by Section 21-295.
In such a case, the tax purchaser shall be entitled to the original amount required to redeem the property plus interest from the sale as of the last date of redemption together with costs actually expended subsequent to the expiration of the period of redemption and reasonable SB0461 Enrolled - 24 - LRB095 03626 BDD 23648 b attorney’s fees, all of which shall be dispensed from the fund created by Section 21-295.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 95-0477

  2. Effective Date June 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 109-000-000

  7. Final Action Deadline Extended-9(b) June 8, 2007

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate Revenue Committee; 011-000-000

  12. Added Alternate Chief Co-Sponsor Rep. Arthur L. Turner

  13. Recommends Do Pass Subcommittee/ Revenue Committee; 003-000-000

  14. Assigned to Revenue Committee

  15. Referred to Rules Committee

  16. First Reading

  17. Chief House Sponsor Rep. Barbara Flynn Currie

  18. Placed on Calendar Order of First Reading

  19. Arrived in House

  20. Third Reading - Passed; 058-000-000

  21. Placed on Calendar Order of 3rd Reading March 21, 2007

  22. Second Reading

  23. Placed on Calendar Order of 2nd Reading March 15, 2007

  24. Do Pass as Amended Judiciary Civil Law; 009-000-000

  25. Senate Committee Amendment No. 1 Adopted

  26. Held in Judiciary Civil Law

  27. Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law

  28. Senate Committee Amendment No. 1 Referred to Rules

  29. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  30. Held in Judiciary Civil Law

  31. Assigned to Judiciary Civil Law

  32. Referred to Rules

  33. First Reading

  34. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 109 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 96009
Democrat 9000
Republican 4000
Total 109009
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Madigan — Yea
McCarthy — Yea
Mendoza — Yea
McGuire — Yea
Meyer — Yea
Moffitt — Yea
Bradley, John — Yea
Mulligan — Yea
Bradley, Richard — Yea
Munson — Yea
Brady — Yea
Mitchell, Bill — Yea
Nekritz — Yea
Mitchell, Jerry — Yea
Phelps — Yea
Pihos — Yea
Burke — Yea
Sullivan — Yea
Schock — Yea
Scully — Yea
Hannig — Yea
Harris — Yea
Tryon — Yea
Turner — Yea
Hernandez — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Watson — Yea
Howard — Yea
Younge — Yea
Davis, Monique — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Gordon — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Patterson — Not Voting
Yarbrough — Not Voting
Coulson — Not Voting
Dunkin — Not Voting
Durkin — Not Voting
Fritchey — Not Voting
Graham — Not Voting
Kosel — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Not Voting
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Molaro — Yea
Golar — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 8001
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Luechtefeld — Yea
Maloney — Yea
Schoenberg — Yea
Brady — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Sullivan — Yea
Munoz — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Sieben — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Meeks — Yea
Cronin — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 461 do?
Amends the Property Tax Code. Provides that relief from an order for a tax deed may be had under certain provisions of the Code of Civil Procedure concerning motions after judgment in nonjury cases. Provides that notice of the expiration of the period of redemption must be served upon certain owners and parties interested in the property in the manner set forth under certain provisions of the Code of Civil Procedure (now, personal service). Requires the court to enter orders to place the tax-deed grantee's successor in interest in possession of the property and authorizes the court to grant other relief to maintain the successor in interest in possession. Provides that the notice of the expiration of the period of redemption may not be served more than 6 months (now, 5 months) before the expiration of the period of redemption. Provides that the changes concerning post-judgment motions and the changes concerning the possession by the tax-deed grantee's successor in interest must be construed as being declarative of existing law and not as a new enactment.
Who sponsors SB 461?
SB 461 is sponsored by John J. Cullerton.
What is the current status of SB 461?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 461?
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