SB 461 — PROP TX-TAX DEEDS
Last action — Public Act . . . . . . . . . 95-0477
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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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 removedPlain-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.
SB0461 EngrossedEnrolled 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 EngrossedEnrolled - 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 EngrossedEnrolled - 3 - LRB095 03626 BDD 23648 b their respective bids.
The county collector shall prepare a SB0461 EngrossedEnrolled - 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 EngrossedEnrolled - 5 - LRB095 03626 BDD 23648 b subject to Sections 22-30 through 22-55.
SB0461 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 9 - LRB095 03626 BDD 23648 b respective interests therein.
1-1-00.) SB0461 EngrossedEnrolled - 10 - LRB095 03626 BDD 23648 b (35 ILCS 200/22-10) Sec.
SB0461 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 22 - LRB095 03626 BDD 23648 b except in cases where several properties are owned by one person.
SB0461 EngrossedEnrolled - 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 EngrossedEnrolled - 24 - LRB095 03626 BDD 23648 b attorney’s fees, all of which shall be dispensed from the fund created by Section 21-295.
Action History
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Public Act . . . . . . . . . 95-0477
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Effective Date June 1, 2008
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 109-000-000
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Final Action Deadline Extended-9(b) June 8, 2007
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Revenue Committee; 011-000-000
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Added Alternate Chief Co-Sponsor Rep. Arthur L. Turner
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Recommends Do Pass Subcommittee/ Revenue Committee; 003-000-000
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Assigned to Revenue Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Barbara Flynn Currie
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading March 21, 2007
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Second Reading
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Placed on Calendar Order of 2nd Reading March 15, 2007
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Do Pass as Amended Judiciary Civil Law; 009-000-000
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Senate Committee Amendment No. 1 Adopted
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Held in Judiciary Civil Law
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Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law
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Senate Committee Amendment No. 1 Referred to Rules
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
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Held in Judiciary Civil Law
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Assigned to Judiciary Civil Law
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Referred to Rules
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First Reading
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 9 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 109 | 0 | 0 | 9 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 0 | 0 | 0 |
| Democrat | 8 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % 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 |
Subjects
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?
- Track SB 461 free on One Click Politics — get push/email alerts when it moves.
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