Illinois 2025-2026 Regular Session

Illinois House Bill HB3690 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3690 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED: 35 ILCS 200/21-20535 ILCS 200/21-355 Amends the Property Tax Code. In provisions concerning tax sales, provides that, for tax certificates sold after January 1, 2026, the accrued interest penalty is 0.75% of the certificate amount per month in counties with more than 3,000,000 inhabitants and 1.25% of the certificate amount per month in counties with 3,000,000 inhabitants or less. Makes conforming changes. Changes a fee to $350 (instead of $35) if a petition for tax deed has been filed and a fee to $40 (instead of $4) if a specified notice has been filed. Provides that, for any tax sale, either the collector shall employ an automated bidding system that is programmed to accept the winning bidder at random (instead of the lowest redemption price bid by an eligible tax purchaser, subject to certain limitations) or all tax sales shall be digitally recorded with video and audio. Provides that each county collector in a county with 100,000 (instead of 275,000) or more inhabitants shall adopt a single bidder rule sufficient to prohibit a tax purchaser from registering more than one related bidding entity at the tax sale. LRB104 10918 HLH 22328 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3690 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED: 35 ILCS 200/21-20535 ILCS 200/21-355 35 ILCS 200/21-205 35 ILCS 200/21-355 Amends the Property Tax Code. In provisions concerning tax sales, provides that, for tax certificates sold after January 1, 2026, the accrued interest penalty is 0.75% of the certificate amount per month in counties with more than 3,000,000 inhabitants and 1.25% of the certificate amount per month in counties with 3,000,000 inhabitants or less. Makes conforming changes. Changes a fee to $350 (instead of $35) if a petition for tax deed has been filed and a fee to $40 (instead of $4) if a specified notice has been filed. Provides that, for any tax sale, either the collector shall employ an automated bidding system that is programmed to accept the winning bidder at random (instead of the lowest redemption price bid by an eligible tax purchaser, subject to certain limitations) or all tax sales shall be digitally recorded with video and audio. Provides that each county collector in a county with 100,000 (instead of 275,000) or more inhabitants shall adopt a single bidder rule sufficient to prohibit a tax purchaser from registering more than one related bidding entity at the tax sale. LRB104 10918 HLH 22328 b LRB104 10918 HLH 22328 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3690 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/21-20535 ILCS 200/21-355 35 ILCS 200/21-205 35 ILCS 200/21-355
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66 Amends the Property Tax Code. In provisions concerning tax sales, provides that, for tax certificates sold after January 1, 2026, the accrued interest penalty is 0.75% of the certificate amount per month in counties with more than 3,000,000 inhabitants and 1.25% of the certificate amount per month in counties with 3,000,000 inhabitants or less. Makes conforming changes. Changes a fee to $350 (instead of $35) if a petition for tax deed has been filed and a fee to $40 (instead of $4) if a specified notice has been filed. Provides that, for any tax sale, either the collector shall employ an automated bidding system that is programmed to accept the winning bidder at random (instead of the lowest redemption price bid by an eligible tax purchaser, subject to certain limitations) or all tax sales shall be digitally recorded with video and audio. Provides that each county collector in a county with 100,000 (instead of 275,000) or more inhabitants shall adopt a single bidder rule sufficient to prohibit a tax purchaser from registering more than one related bidding entity at the tax sale.
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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Property Tax Code is amended by changing
1616 5 Sections 21-205 and 21-355 as follows:
1717 6 (35 ILCS 200/21-205)
1818 7 Sec. 21-205. Tax sale procedures.
1919 8 (a) The collector, in person or by deputy, shall attend,
2020 9 on the day and in the place specified in the notice for the
2121 10 sale of property for taxes, and shall, between 9:00 a.m. and
2222 11 4:00 p.m., or later at the collector's discretion, proceed to
2323 12 offer for sale, separately and in consecutive order, all
2424 13 property in the list on which the taxes, special assessments,
2525 14 interest or costs have not been paid. However, in any county
2626 15 with 3,000,000 or more inhabitants, the offer for sale shall
2727 16 be made between 8:00 a.m. and 8:00 p.m. The collector's office
2828 17 shall be kept open during all hours in which the sale is in
2929 18 progress. The sale shall be continued from day to day, until
3030 19 all property in the delinquent list has been offered for sale.
3131 20 However, any city, village or incorporated town interested in
3232 21 the collection of any tax or special assessment, may, in
3333 22 default of bidders, withdraw from collection the special
3434 23 assessment levied against any property by the corporate
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3690 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
3939 35 ILCS 200/21-20535 ILCS 200/21-355 35 ILCS 200/21-205 35 ILCS 200/21-355
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4242 Amends the Property Tax Code. In provisions concerning tax sales, provides that, for tax certificates sold after January 1, 2026, the accrued interest penalty is 0.75% of the certificate amount per month in counties with more than 3,000,000 inhabitants and 1.25% of the certificate amount per month in counties with 3,000,000 inhabitants or less. Makes conforming changes. Changes a fee to $350 (instead of $35) if a petition for tax deed has been filed and a fee to $40 (instead of $4) if a specified notice has been filed. Provides that, for any tax sale, either the collector shall employ an automated bidding system that is programmed to accept the winning bidder at random (instead of the lowest redemption price bid by an eligible tax purchaser, subject to certain limitations) or all tax sales shall be digitally recorded with video and audio. Provides that each county collector in a county with 100,000 (instead of 275,000) or more inhabitants shall adopt a single bidder rule sufficient to prohibit a tax purchaser from registering more than one related bidding entity at the tax sale.
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7171 1 authorities of the city, village or incorporated town. In case
7272 2 of a withdrawal, there shall be no sale of that property on
7373 3 account of the delinquent special assessment thereon.
7474 4 (b) For Until January 1, 2013, in every sale of property
7575 5 pursuant to the provisions of this Code, the collector may
7676 6 employ any automated means that the collector deems
7777 7 appropriate. Beginning on January 1, 2013, either (i) the
7878 8 collector shall employ an automated bidding system that is
7979 9 programmed to accept the winning bidder at random the lowest
8080 10 redemption price bid by an eligible tax purchaser, subject to
8181 11 the penalty percentage limitation set forth in Section 21-215,
8282 12 or (ii) all tax sales shall be digitally recorded with video
8383 13 and audio. All bidders are required to personally attend the
8484 14 sale and, if automated means are used, all hardware and
8585 15 software used with respect to those automated means must be
8686 16 certified by the Department and re-certified by the Department
8787 17 every 5 years. If the tax sales are digitally recorded and no
8888 18 automated bidding system is used, then the recordings shall be
8989 19 maintained by the collector for a period of at least 3 years
9090 20 from the date of the tax sale. The changes made by this
9191 21 amendatory Act of the 94th General Assembly are declarative of
9292 22 existing law.
9393 23 (b-5) Each For any annual tax sale conducted on or after
9494 24 the effective date of this amendatory Act of the 102nd General
9595 25 Assembly, each county collector in a county with 100,000
9696 26 275,000 or more inhabitants shall adopt a single bidder rule
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107107 1 sufficient to prohibit a tax purchaser from registering more
108108 2 than one related bidding entity at the tax sale. The corporate
109109 3 authorities in any county with less than 100,000 275,000
110110 4 inhabitants may, by ordinance, allow the county collector of
111111 5 that county to adopt such a single bidder rule. In any county
112112 6 that has adopted a single bidder rule under this subsection
113113 7 (b-5), the county treasurer shall include a representation and
114114 8 warranty form in each registration package attesting to
115115 9 compliance with the single bidder rule, except that the county
116116 10 may, by ordinance, opt out of this representation and warranty
117117 11 form requirement. A single bidder rule under this subsection
118118 12 may be in the following form:
119119 13 (1) A registered tax buying entity (principal) may
120120 14 only have one registered buyer at the tax sale and may not
121121 15 have a related bidding entity directly or indirectly
122122 16 register as a buyer or participate in the tax sale. A
123123 17 registered tax buying entity may not engage in any
124124 18 multiple bidding strategy for the purpose of having more
125125 19 than one related bidding entity submit bids at the tax
126126 20 sale.
127127 21 (2) A related bidding entity is defined as any
128128 22 individual, corporation, partnership, joint venture,
129129 23 limited liability company, business organization, or other
130130 24 entity that has a shareholder, partner, principal,
131131 25 officer, general partner, or other person or entity having
132132 26 (i) an ownership interest in a bidding entity in common
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143143 1 with any other registered participant in the tax sale or
144144 2 (ii) a common guarantor in connection with a source of
145145 3 financing with any other registered participant in the tax
146146 4 sale. The determination of whether registered entities are
147147 5 related so as to prohibit those entities from submitting
148148 6 duplicate bids in violation of the single bidder rule is
149149 7 at the sole and exclusive discretion of the county
150150 8 treasurer or his or her designated representatives.
151151 9 (c) County collectors may, when applicable, eject tax
152152 10 bidders who disrupt the tax sale or use illegal bid practices.
153153 11 (Source: P.A. 102-519, eff. 8-20-21.)
154154 12 (35 ILCS 200/21-355)
155155 13 Sec. 21-355. Amount of redemption. Any person desiring to
156156 14 redeem shall deposit an amount specified in this Section with
157157 15 the county clerk of the county in which the property is
158158 16 situated, in legal money of the United States, or by cashier's
159159 17 check, certified check, post office money order or money order
160160 18 issued by a financial institution insured by an agency or
161161 19 instrumentality of the United States, payable to the county
162162 20 clerk of the proper county. The deposit shall be deemed timely
163163 21 only if actually received in person at the county clerk's
164164 22 office prior to the close of business as defined in Section
165165 23 3-2007 of the Counties Code on or before the expiration of the
166166 24 period of redemption or by United States mail with a post
167167 25 office cancellation mark dated not less than one day prior to
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178178 1 the expiration of the period of redemption. The deposit shall
179179 2 be in an amount equal to the total of the following:
180180 3 (a) the certificate amount, which shall include all
181181 4 tax principal, special assessments, interest and penalties
182182 5 paid by the tax purchaser together with costs and fees of
183183 6 sale and fees paid under Sections 21-295 and 21-315
184184 7 through 21-335, except for the nonrefundable $80 fee paid,
185185 8 pursuant to Section 21-295, for each item purchased at the
186186 9 tax sale;
187187 10 (b) the accrued penalty, computed through the date of
188188 11 redemption as a percentage of the certificate amount, as
189189 12 follows:
190190 13 (1) for tax certificates sold after January 1,
191191 14 2026 in counties with more than 3,000,000 inhabitants,
192192 15 a penalty of 0.75% per month or portion thereof; if the
193193 16 redemption occurs on or before the expiration of 6
194194 17 months from the date of sale, the certificate amount
195195 18 times the penalty bid at sale;
196196 19 (2) for tax certificates sold after January 1,
197197 20 2026 in counties with less than 3,000,000 inhabitants,
198198 21 a penalty of 1. 5% per month or portion thereof; if the
199199 22 redemption occurs after 6 months from the date of
200200 23 sale, and on or before the expiration of 12 months from
201201 24 the date of sale, the certificate amount times 2 times
202202 25 the penalty bid at sale;
203203 26 (3) (blank); if the redemption occurs after 12
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214214 1 months from the date of sale and on or before the
215215 2 expiration of 18 months from the date of sale, the
216216 3 certificate amount times 3 times the penalty bid at
217217 4 sale;
218218 5 (4) (blank); if the redemption occurs after 18
219219 6 months from the date of sale and on or before the
220220 7 expiration of 24 months from the date of sale, the
221221 8 certificate amount times 4 times the penalty bid at
222222 9 sale;
223223 10 (5) (blank); or if the redemption occurs after 24
224224 11 months from the date of sale and on or before the
225225 12 expiration of 30 months from the date of sale, the
226226 13 certificate amount times 5 times the penalty bid at
227227 14 sale;
228228 15 (6) (blank). if the redemption occurs after 30
229229 16 months from the date of sale and on or before the
230230 17 expiration of 36 months from the date of sale, the
231231 18 certificate amount times 6 times the penalty bid at
232232 19 sale.
233233 20 In the event that the property to be redeemed has been
234234 21 purchased under Section 21-405 before January 1, 2024, the
235235 22 penalty bid shall be 12% per penalty period as set forth in
236236 23 subparagraphs (1) through (6) of this subsection (b). The
237237 24 changes to this subdivision (b)(6) made by this amendatory
238238 25 Act of the 91st General Assembly are not a new enactment,
239239 26 but declaratory of existing law.
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250250 1 For counties with fewer than 3,000,000 inhabitants, if
251251 2 the property to be redeemed is property with respect to
252252 3 which a tax lien or certificate is acquired after January
253253 4 1, 2026 2024 by the county as trustee pursuant to Section
254254 5 21-90, the penalty bid at sale shall accrue according to
255255 6 the penalty periods established in subparagraph (1)
256256 7 subparagraphs (1) through (6) of this subsection (b).
257257 8 For counties with more than 3,000,000 inhabitants, if
258258 9 the property to be redeemed is property with respect to
259259 10 which a tax lien or certificate is acquired on or after
260260 11 January 1, 2026 2024 by the county as trustee pursuant to
261261 12 Section 21-90, the penalty bid is 1.25% 0.75% and shall
262262 13 accrue monthly instead of according to the penalty periods
263263 14 established in subparagraphs (1) through (6) of this
264264 15 subsection (b).
265265 16 (c) The total of all taxes, special assessments,
266266 17 accrued interest on those taxes and special assessments
267267 18 and costs charged in connection with the payment of those
268268 19 taxes or special assessments, except for the nonrefundable
269269 20 $80 fee paid, pursuant to Section 21-295, for each item
270270 21 purchased at the tax sale, which have been paid by the tax
271271 22 certificate holder on or after the date those taxes or
272272 23 special assessments became delinquent together with 12%
273273 24 penalty on each amount so paid for each year or portion
274274 25 thereof intervening between the date of that payment and
275275 26 the date of redemption. In counties with less than
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286286 1 3,000,000 inhabitants, however, a tax certificate holder
287287 2 may not pay all or part of an installment of a subsequent
288288 3 tax or special assessment for any year, nor shall any
289289 4 tender of such a payment be accepted, until after the
290290 5 second or final installment of the subsequent tax or
291291 6 special assessment has become delinquent or until after
292292 7 the holder of the certificate of purchase has filed a
293293 8 petition for a tax deed under Section 22.30. The person
294294 9 redeeming shall also pay the amount of interest charged on
295295 10 the subsequent tax or special assessment and paid as a
296296 11 penalty by the tax certificate holder. This amendatory Act
297297 12 of 1995 applies to tax years beginning with the 1995
298298 13 taxes, payable in 1996, and thereafter.
299299 14 (d) Any amount paid to redeem a forfeiture occurring
300300 15 before January 1, 2024 but after the tax sale together
301301 16 with 12% penalty thereon for each year or portion thereof
302302 17 intervening between the date of the forfeiture redemption
303303 18 and the date of redemption from the sale.
304304 19 (e) Any amount paid by the certificate holder for
305305 20 redemption of a subsequently occurring tax sale, including
306306 21 tax liens or certificates held by the county as trustee,
307307 22 pursuant to Section 21-90.
308308 23 (f) All fees paid to the county clerk under Section
309309 24 22-5.
310310 25 (g) All fees paid to the registrar of titles incident
311311 26 to registering the tax certificate in compliance with the
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322322 1 Registered Titles (Torrens) Act.
323323 2 (h) All fees paid to the circuit clerk and the
324324 3 sheriff, a licensed or registered private detective, or
325325 4 the coroner in connection with the filing of the petition
326326 5 for tax deed and service of notices under Sections 22-15
327327 6 through 22-30 and 22-40 in addition to (1) a fee of $350
328328 7 $35 if a petition for tax deed has been filed, which fee
329329 8 shall be posted to the tax judgement, sale, redemption,
330330 9 and forfeiture record, to be paid to the purchaser or his
331331 10 or her assignee; (2) a fee of $40 $4 if a notice under
332332 11 Section 22-5 has been filed, which fee shall be posted to
333333 12 the tax judgment, sale, redemption, and forfeiture record,
334334 13 to be paid to the purchaser or his or her assignee; (3) all
335335 14 costs paid to record a lis pendens notice in connection
336336 15 with filing a petition under this Code; and (4) if a
337337 16 petition for tax deed has been filed, all fees up to $150
338338 17 per redemption paid to a registered or licensed title
339339 18 insurance company or title insurance agent for a title
340340 19 search to identify all owners, parties interested, and
341341 20 occupants of the property, to be paid to the purchaser or
342342 21 his or her assignee. The fees in (1) and (2) of this
343343 22 paragraph (h) shall be exempt from the posting
344344 23 requirements of Section 21-360. The costs incurred in
345345 24 causing notices to be served by a licensed or registered
346346 25 private detective under Section 22-15, may not exceed the
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