102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3414

 

Introduced 1/14/2022, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of Returning Resident Affairs Act and amends the Freedom of Information Act and the Property Tax Code. Contains declarations and findings. Creates the Second Chance State Housing Program under which the Department of Returning Resident Affairs shall provide decent, affordable single-family and multi-family housing opportunities to returning residents who have been prescreened for and referred to the Program by a hub site operator and have completed a 12-hour course conducted by or through a hub site operator using a U.S. Department of Housing and Urban Development-approved housing counselor. Provides that the Department shall receive not less than 15% of the Illinois affordable housing tax credit allocation. Provides that the Department may borrow money and issue notes and bonds, issue renewal notes, issue bonds to pay such notes, refund any bonds by the issuance of new bonds, create funds and accounts, and exercise other powers. Provides that the property of the Department and its income and operation are exempt from taxation. Provides that the Department shall be considered to be a municipality under the Tax Increment Allocation Redevelopment Act and have all of the authority, rights, powers, duties, and obligations of a municipality under that Act, subject to specified provisions. Provides that the Department's territorial limits shall be anywhere within the State. Provides that the Director of Returning Resident Affairs shall fulfill the role of all officials of a municipality and its corporate authorities. Provides that the Department may offer non-recourse reverse mortgage loans to qualified borrowers, subject to specified conditions. Provides that no unit of local government shall enact any zoning, permit, building code or other requirement for the purpose of preventing the Department from acquiring, revitalizing, rehabilitating, and conveying an interest in single-family and multi-family residential housing to one or more returning residents. Authorizes the purchase by the Department of tax delinquent single-family or multi-family residential property, subject to specified conditions. Makes other changes. Contains a severability provision. Effective immediately, but does not take effect at all unless another Act becomes law.


LRB102 22623 SSS 31766 b

 

 

A BILL FOR

 

SB3414LRB102 22623 SSS 31766 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Returning Resident Affairs
5Act is amended by adding Sections 80, 85, and 90 as follows:
 
6    (Sec. 80 new)
7    Sec. 80. References to Sections 80 through 90. Sections 80
8through 90 may be referred to as the Second Chance State
9Housing Program Act.
 
10    (Sec. 85 new)
11    Sec. 85. Second Chance State Housing Program; legislative
12declarations and findings. The General Assembly finds and
13declares that:
14        (1) While stable housing is fundamental to the ability
15    of most members of the general public to survive, succeed,
16    and thrive, it is especially crucial to persons returning
17    to this community from incarceration.
18        (2) The existence of substantial obstacles that
19    prevent returning residents from accessing needed housing
20    is clear from the approximately 60% of unsheltered men and
21    58% of unsheltered women in part of this State who report
22    being previously convicted.

 

 

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1        (3) The Metropolitan Planning Council has found that
2    "without the most basic of human needs -- a roof over a
3    head -- justice-involved individuals struggle to
4    reintegrate".
5        (4) The cost to Illinois of that failure to
6    reintegrate is high, resulting in approximately 40% of
7    formerly incarcerated individuals recidivating within 3
8    years of release and costing Illinois over $151,000 for
9    each recidivism event.
10        (5) By providing housing to returning residents
11    through the revitalization and rehabilitation of existing
12    tax delinquent, abandoned, and otherwise distressed
13    single-family and multi-family residential housing units,
14    the Second Chance State Housing Program serves to not only
15    stabilize the lives of returning residents and their
16    families, but also to stabilize disadvantaged communities;
17        (6) The health, welfare, and prosperity of all
18    Illinois citizens requires the State to take the actions
19    described herein that create the Second Chance State
20    Housing Program.
 
21    (Sec. 90 new)
22    Sec. 90. Second Chance State Housing Program,
23    (a) Establishment. The Second Chance State Housing Program
24is established as a part of the Second Chance State Program
25administered by the Department. The Department is authorized,

 

 

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1directed, and required to administer the Second Chance State
2Housing Program with the objective of providing decent,
3affordable single-family and multi-family housing
4opportunities to returning residents. To accomplish this and
5administer and operate the Second Chance State Housing
6Program, the Department shall have the following powers,
7duties, and obligations in addition to other powers, duties,
8and obligations provided to the Department under law.
9    (b) Housing development priorities and participant
10qualification.
11        (1) The Second Chance State Housing Program shall be
12    implemented by the Department: (A) to the extent
13    reasonably feasible, by revitalizing and rehabilitating
14    existing tax delinquent, abandoned, and otherwise
15    distressed single-family and multi-family residential
16    housing units in order to provide both decent, affordable
17    rental and home ownership opportunities to returning
18    residents and their families; and (B) to the extent that a
19    need for such opportunities exists that cannot be
20    reasonably fulfilled by clause (A), then by such other
21    actions as the Department deems necessary and is legally
22    authorized to pursue, including, without limitation,
23    acquisition of other existing single-family and
24    multi-family residential housing units and construction of
25    new single-family and multi-family housing units.
26        (2) No person shall participate in the Second Chance

 

 

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1    State Housing Program unless the person is a returning
2    resident who: (A) has been prescreened for and referred to
3    the Second Chance State Housing Program by a hub site
4    operator; and (B) has completed a 12-hour course conducted
5    by or through a hub site operator using a U.S. Department
6    of Housing and Urban Development-approved housing
7    counselor to prepare the returning resident to be a
8    homeowner or tenant. The course shall include, without
9    limitation, training on financial literacy and
10    responsibility, budgeting and financial management, the
11    rental and homebuying process, basic elements of a real
12    estate contract or lease, residential financing, title
13    insurance, real estate taxes, utilities, insurance, basic
14    home maintenance, delinquency and foreclosure prevention,
15    Second Chance State Housing Program requirements, and
16    other practical and legal requirements pertaining to being
17    a homeowner or tenant. The Department may promulgate
18    additional qualifications for participation in the Second
19    Chance State Housing Program that do not conflict with the
20    provisions of this Act.
21        (3) Hub site operators shall otherwise prepare
22    returning residents for participation in the Second Chance
23    State Housing Program and thereafter, returning residents'
24    ownership or rental of housing, including, without
25    limitation, assisting with securing affordable legal
26    representation and the establishment of necessary bank and

 

 

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1    utility accounts.
2    (c) Illinois affordable housing tax credit allocation. The
3Department shall receive not less than 15% of the Illinois
4affordable housing tax credit allocation. The Department is
5authorized to utilize such credits in any manner not
6prohibited by law.
7    (d) Low-income housing tax credits.
8        (1) The Department is hereby designated as charged
9    with responsibility for administering low-income housing
10    tax credits allocated to the State for incarceration
11    projects under Section 42 of the Internal Revenue Code of
12    1986, as amended. In fulfilling its responsibilities, the
13    Department is authorized to do all acts authorized or
14    required under Section 42 of the Internal Revenue Code of
15    1986, as amended, and to:
16            (A) Establish a plan for allocation of low-income
17        housing tax credits, prepare application forms for
18        allocation of such tax credits, and make allocation of
19        such tax credits to eligible individuals and
20        corporations.
21            (B) Initiate marketing, education, and outreach
22        projects throughout the State to maximize utilization
23        of all available low-income housing tax credits.
24            (C) Provide technical assistance and training to
25        local governments, including home rule jurisdictions,
26        to encourage coordination of local, State, and federal

 

 

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1        resources with the allocation of low-income housing
2        tax credits.
3            (D) Accept and allocate low-income housing tax
4        credits that may be transferred from Illinois home
5        rule jurisdictions.
6            (E) Assess fees to cover the costs of allocating
7        and administering the tax credits.
8        (2) The aggregate unused housing tax credit dollar
9    amount of all home rule jurisdictions available under
10    Section 42 of the Internal Revenue Code of 1986, as
11    amended, shall be as of June 1 of each calendar year
12    reserved to the Department in an amount not under
13    $50,000,000 for allocation by the Department in the same
14    manner as the Illinois Housing Development Authority
15    allocates low-income housing tax credits allocated to the
16    State.
17    (e) Authority to issue debt.
18        (1) The Department may borrow money and issue its
19    notes and bonds in such principal amount, as, in the
20    opinion of the Department, shall be necessary to provide
21    sufficient funds for achieving the purposes of this
22    Section. The Department's bonds and notes may be issued as
23    general obligations of the Department payable from such
24    revenues, funds, and obligations of the Department as the
25    Department's order authorizing issuance of the bonds or
26    notes shall provide, or may be issued as limited

 

 

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1    obligations with a claim for payment solely from such
2    revenues, funds, and obligations as the Department's order
3    authorizing issuance of the bonds or notes shall provide
4    and may secure the payment thereof by, among other things,
5    the pledge, or assignment, or grant of a lien on or
6    security interest of mortgages and notes of others,
7    revenues derived from its operation of the Second Chance
8    State Housing Program and loan repayments and other funds,
9    if any, received by the Department.
10        (2) The Department may, from time to time, issue
11    renewal notes, issue bonds to pay such notes, and,
12    whenever it deems refunding expedient, refund any bonds by
13    the issuance of new bonds, whether the bonds to be
14    refunded have or have not matured, and issue bonds partly
15    to refund bonds then outstanding and partly for any other
16    purpose. The refunding bonds shall be sold and the
17    proceeds applied to the purchase, redemption or payment of
18    the bonds to be refunded.
19        (3) The Department may procure insurance against any
20    loss in connection with its bonds, notes, or property in
21    such amounts, and from such insurers, as may be necessary
22    or desirable. The Department may acquire any instruments
23    the purpose of which is to reduce the risk of loss due to
24    fluctuation in the interest rate or market price of those
25    investments or may enter into any agreements to insure,
26    protect, or preserve its investments from any loss

 

 

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1    (including, without limitation, loss caused by fluctuation
2    in interest rates, markets or in securities) in such
3    amounts and from such insurers, issuers, or other parties
4    as the Department deems appropriate.
5        (4) The Department may consent, whenever it deems it
6    necessary or desirable in the fulfillment of the purposes
7    of this Section, to the modification, with respect to rate
8    of interest, time of payment or any installment of
9    principal or interest, or any other terms, of any
10    mortgage, mortgage loan, mortgage loan commitment, other
11    loan, contract or agreement of any kind to which the
12    Department is a party.
13        (5) The Department may create such funds and accounts
14    as it deems necessary to service its notes and bonds and to
15    otherwise operate the Second Chance State Housing Program.
16        (6) The notes and bonds issued under this Section
17    shall be authorized by an order issued at the Director's
18    direction, shall bear such date or dates, and shall mature
19    at such time or times, not exceeding 50 years from the date
20    of issue, as the order may provide. The bonds may be issued
21    as serial bonds or as term bonds or as a combination
22    thereof. The notes and bonds shall bear interest at such
23    rate or rates as shall be determined by the order
24    authorizing issuance of the bonds and as otherwise allowed
25    by law. The notes and bonds shall be in such
26    denominations, be in such form, either coupon or

 

 

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1    registered, carry such registration privileges, be
2    executed in such manner, be payable in such medium of
3    payment, at such place or places and be subject to such
4    terms of redemption as the order authorizing them may
5    provide. The notes and bonds may be sold by the
6    Department, at public or private sale, at such price or
7    prices as the Department shall determine. The order for
8    the issuance of the notes or bonds may include any other
9    provisions that the Department determines are necessary,
10    expedient, or otherwise in the Department's best interest
11    for the issuance of the notes or bonds.
12        (7) In lieu of establishing various provisions
13    governing the issuance of the Department's notes or bonds,
14    including, without limitation, the rate at which the
15    Department's notes or bonds shall bear interest, the price
16    at which the notes or bonds shall be sold, and the date of
17    issuance of the notes or bonds, the order authorizing
18    their issuance may set maximum and minimum prices,
19    interest rates and annual interest cost to the Department,
20    a range for the date of issuance and maturities, and any
21    other terms that set ranges or criteria as the Department
22    may determine.
23        (8) The Department's order authorizing the issuance of
24    its notes or bonds may provide that interest rates may
25    vary from time to time depending upon criteria established
26    by the Department in that order, which may include,

 

 

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1    without limitation, a variation in interest rates as may
2    be necessary to cause notes or bonds to be remarketable
3    from time to time at a price equal to their principal
4    amount (or compound accredited value in case of original
5    issue discount bonds), and may provide for appointment of
6    a national banking association, bank, trust company,
7    investment bank, or other financial institution to serve
8    as a remarketing agent in that connection. The
9    Department's order authorizing the issuance of its notes
10    or bonds may provide that alternative interest rates or
11    provisions will apply during such times as the notes or
12    bonds are held by a person providing a letter of credit or
13    other credit enhancement arrangement for those notes or
14    bonds. Notwithstanding any other provisions of law, there
15    shall be no statutory limitation on the interest rates
16    that such variable rate notes and bonds may bear from time
17    to time.
18        (9) The notes and bonds of the Department are
19    securities in which all public officers and bodies of this
20    State and all municipalities and municipal subdivisions,
21    all insurance companies and associations, and other
22    persons carrying on an insurance business, all banks,
23    trust companies, savings banks and savings associations,
24    saving and loan associations, investment companies, all
25    administrators, guardians, executors, trustees and other
26    fiduciaries, and all other persons whatsoever who are now

 

 

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1    or may hereafter be authorized to invest in bonds or other
2    obligations of the State, may properly and legally invest
3    funds, including capital, in their control or belonging to
4    them.
5        (10) Neither the Director nor any officer or employee
6    of the Department nor any other authorized person
7    executing the Department's orders, notes, and bonds shall
8    be liable personally on the Department's notes or bonds or
9    be subject to any personal liability or accountability by
10    reason of the issuance thereof.
11        (11) The property of the Department and its income and
12    operation shall be exempt from taxation.
13        (12) The Department shall have no taxing power. The
14    Department's notes and bonds shall not be a general
15    obligation of the State, the State shall not be liable on
16    the Department's notes or bonds and such notes and bonds
17    shall not be a debt of the State. The Department's notes
18    and bonds shall contain a statement to such effect on
19    their face.
20        (13) The creation of the Second Chance State Housing
21    Program is in all respects for the benefit of the people of
22    Illinois and for the improvement of their health, safety,
23    welfare, comfort, and security, and its purposes are
24    public purposes. In consideration thereof, the notes and
25    bonds of the Department issued under this Section and the
26    income therefrom shall be free from all taxation by the

 

 

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1    State or its political subdivisions, except for estate,
2    transfer, and inheritance taxes.
3        (14) Neither the Department nor any notes or bonds it
4    issues shall be subject to the Bond Authorization Act.
5    (f) Tax increment finance authority. Solely for the
6purpose of providing decent, affordable housing opportunities
7to returning residents, the Department shall be considered to
8be a municipality under the Tax Increment Allocation
9Redevelopment Act and have all of the authority, rights,
10powers, duties, and obligations of a municipality under that
11Act; provided that for purposes of exercising the authority,
12rights, powers, duties, and obligations under that Act:
13        (1) The provisions of the Tax Increment Allocation
14    Redevelopment Act that pertain to sales or utility taxes
15    and industrial, commercial, or retail developments shall
16    not apply to the Department.
17        (2) The Department's territorial limits shall be
18    anywhere within the State.
19        (3) Requirements pertaining to comprehensive or
20    community plans and plan commissions shall mean the
21    comprehensive or community plan and plan commission of the
22    county, township, or municipality with jurisdiction over
23    the property in the redevelopment project area.
24    Requirements pertaining to school districts shall mean the
25    school districts with jurisdiction over the property in
26    the redevelopment project area. Requirements pertaining to

 

 

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1    library districts shall mean the library districts with
2    jurisdiction over the property in the redevelopment
3    project area.
4        (4) The Department may fulfill any ordinance or
5    resolution requirements by issuing an order.
6        (5) "Redevelopment project area" means an area in
7    which single-family and multi-family uses are permitted or
8    allowed by special use, planned unit development or a
9    similar zoning designation and that has been designated by
10    the Department, regardless of size, in respect to which
11    the Department has made a finding that there exist
12    conditions that cause the area to be classified as a
13    blighted area or a conservation area, or a combination of
14    both blighted areas and conservation areas.
15        (6) The Director shall fulfill the role of all
16    officials of a municipality and its corporate authorities.
17        (7) The Department may utilize revenues received under
18    the Tax Increment Allocation Redevelopment Act from one
19    redevelopment project area for eligible costs in another
20    redevelopment project area regardless of whether those
21    redevelopment project areas are contiguous.
22        (8) The provisions of the Tax Increment Allocation
23    Redevelopment Act pertaining to the issuance of
24    obligations shall not limit the authority provided to the
25    Department to issue debt under this Section. The
26    Department is authorized to pledge and use any revenues it

 

 

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1    receives under the Tax Increment Allocation Redevelopment
2    Act to repay such debt, regardless of the source of that
3    revenue and the purpose of the debt, including, without
4    limitation, using revenue received from one redevelopment
5    project area to pay debt incurred for the purpose of
6    redeveloping another redevelopment project area,
7    regardless of whether those redevelopment project areas
8    are contiguous.
9    (g) Authority to acquire tax delinquent property. The
10Department may exercise the authority provided to it under the
11Property Tax Code to acquire interests in tax delinquent
12single-family and multi-family residential properties.
13    (h) Prohibition on exclusionary local law. No county,
14township, municipality, special district, or other unit of
15local government shall enact any zoning, permit, building code
16or other requirement for the purpose of preventing the
17Department from acquiring, revitalizing, rehabilitating, and
18conveying an interest in single-family and multi-family
19residential housing to one or more returning residents.
20    (i) Confidentiality of information. All information
21provided by a returning resident to the Department, any
22employee of the Department, a hub site operator or any
23employee of a hub site operator under or in connection with
24participation in the Second Chance State Housing Program shall
25be confidential and shall not be disclosed except as required
26by law.

 

 

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1    (j) The Department may offer non-recourse reverse mortgage
2loans to qualified borrowers with the same restrictions and
3requirements as prescribed in Section 6.1 of the Illinois
4Banking Act. The Authority may seek funds from the Federal
5Home Loan Bank of Chicago to fund reverse mortgage loans made
6under this Section. Reverse mortgage loans may be made under
7terms that qualify the loans for purchase by the Federal
8National Mortgage Association.
9    (k) The Department may do any and all things necessary or
10convenient to carry out its purposes and exercise the powers,
11either separately or jointly, expressly given and granted in
12this Section.
 
13    Section 10. The Freedom of Information Act is amended by
14changing Section 7 as follows:
 
15    (5 ILCS 140/7)  (from Ch. 116, par. 207)
16    Sec. 7. Exemptions.
17    (1) When a request is made to inspect or copy a public
18record that contains information that is exempt from
19disclosure under this Section, but also contains information
20that is not exempt from disclosure, the public body may elect
21to redact the information that is exempt. The public body
22shall make the remaining information available for inspection
23and copying. Subject to this requirement, the following shall
24be exempt from inspection and copying:

 

 

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1        (a) Information specifically prohibited from
2    disclosure by federal or State law or rules and
3    regulations implementing federal or State law.
4        (b) Private information, unless disclosure is required
5    by another provision of this Act, a State or federal law or
6    a court order.
7        (b-5) Files, documents, and other data or databases
8    maintained by one or more law enforcement agencies and
9    specifically designed to provide information to one or
10    more law enforcement agencies regarding the physical or
11    mental status of one or more individual subjects.
12        (c) Personal information contained within public
13    records, the disclosure of which would constitute a
14    clearly unwarranted invasion of personal privacy, unless
15    the disclosure is consented to in writing by the
16    individual subjects of the information. "Unwarranted
17    invasion of personal privacy" means the disclosure of
18    information that is highly personal or objectionable to a
19    reasonable person and in which the subject's right to
20    privacy outweighs any legitimate public interest in
21    obtaining the information. The disclosure of information
22    that bears on the public duties of public employees and
23    officials shall not be considered an invasion of personal
24    privacy.
25        (d) Records in the possession of any public body
26    created in the course of administrative enforcement

 

 

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1    proceedings, and any law enforcement or correctional
2    agency for law enforcement purposes, but only to the
3    extent that disclosure would:
4            (i) interfere with pending or actually and
5        reasonably contemplated law enforcement proceedings
6        conducted by any law enforcement or correctional
7        agency that is the recipient of the request;
8            (ii) interfere with active administrative
9        enforcement proceedings conducted by the public body
10        that is the recipient of the request;
11            (iii) create a substantial likelihood that a
12        person will be deprived of a fair trial or an impartial
13        hearing;
14            (iv) unavoidably disclose the identity of a
15        confidential source, confidential information
16        furnished only by the confidential source, or persons
17        who file complaints with or provide information to
18        administrative, investigative, law enforcement, or
19        penal agencies; except that the identities of
20        witnesses to traffic accidents, traffic accident
21        reports, and rescue reports shall be provided by
22        agencies of local government, except when disclosure
23        would interfere with an active criminal investigation
24        conducted by the agency that is the recipient of the
25        request;
26            (v) disclose unique or specialized investigative

 

 

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1        techniques other than those generally used and known
2        or disclose internal documents of correctional
3        agencies related to detection, observation or
4        investigation of incidents of crime or misconduct, and
5        disclosure would result in demonstrable harm to the
6        agency or public body that is the recipient of the
7        request;
8            (vi) endanger the life or physical safety of law
9        enforcement personnel or any other person; or
10            (vii) obstruct an ongoing criminal investigation
11        by the agency that is the recipient of the request.
12        (d-5) A law enforcement record created for law
13    enforcement purposes and contained in a shared electronic
14    record management system if the law enforcement agency
15    that is the recipient of the request did not create the
16    record, did not participate in or have a role in any of the
17    events which are the subject of the record, and only has
18    access to the record through the shared electronic record
19    management system.
20        (d-6) Records contained in the Officer Professional
21    Conduct Database under Section 9.2 9.4 of the Illinois
22    Police Training Act, except to the extent authorized under
23    that Section. This includes the documents supplied to the
24    Illinois Law Enforcement Training Standards Board from the
25    Illinois State Police and Illinois State Police Merit
26    Board.

 

 

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1        (e) Records that relate to or affect the security of
2    correctional institutions and detention facilities.
3        (e-5) Records requested by persons committed to the
4    Department of Corrections, Department of Human Services
5    Division of Mental Health, or a county jail if those
6    materials are available in the library of the correctional
7    institution or facility or jail where the inmate is
8    confined.
9        (e-6) Records requested by persons committed to the
10    Department of Corrections, Department of Human Services
11    Division of Mental Health, or a county jail if those
12    materials include records from staff members' personnel
13    files, staff rosters, or other staffing assignment
14    information.
15        (e-7) Records requested by persons committed to the
16    Department of Corrections or Department of Human Services
17    Division of Mental Health if those materials are available
18    through an administrative request to the Department of
19    Corrections or Department of Human Services Division of
20    Mental Health.
21        (e-8) Records requested by a person committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail, the
24    disclosure of which would result in the risk of harm to any
25    person or the risk of an escape from a jail or correctional
26    institution or facility.

 

 

SB3414- 20 -LRB102 22623 SSS 31766 b

1        (e-9) Records requested by a person in a county jail
2    or committed to the Department of Corrections or
3    Department of Human Services Division of Mental Health,
4    containing personal information pertaining to the person's
5    victim or the victim's family, including, but not limited
6    to, a victim's home address, home telephone number, work
7    or school address, work telephone number, social security
8    number, or any other identifying information, except as
9    may be relevant to a requester's current or potential case
10    or claim.
11        (e-10) Law enforcement records of other persons
12    requested by a person committed to the Department of
13    Corrections, Department of Human Services Division of
14    Mental Health, or a county jail, including, but not
15    limited to, arrest and booking records, mug shots, and
16    crime scene photographs, except as these records may be
17    relevant to the requester's current or potential case or
18    claim.
19        (f) Preliminary drafts, notes, recommendations,
20    memoranda and other records in which opinions are
21    expressed, or policies or actions are formulated, except
22    that a specific record or relevant portion of a record
23    shall not be exempt when the record is publicly cited and
24    identified by the head of the public body. The exemption
25    provided in this paragraph (f) extends to all those
26    records of officers and agencies of the General Assembly

 

 

SB3414- 21 -LRB102 22623 SSS 31766 b

1    that pertain to the preparation of legislative documents.
2        (g) Trade secrets and commercial or financial
3    information obtained from a person or business where the
4    trade secrets or commercial or financial information are
5    furnished under a claim that they are proprietary,
6    privileged, or confidential, and that disclosure of the
7    trade secrets or commercial or financial information would
8    cause competitive harm to the person or business, and only
9    insofar as the claim directly applies to the records
10    requested.
11        The information included under this exemption includes
12    all trade secrets and commercial or financial information
13    obtained by a public body, including a public pension
14    fund, from a private equity fund or a privately held
15    company within the investment portfolio of a private
16    equity fund as a result of either investing or evaluating
17    a potential investment of public funds in a private equity
18    fund. The exemption contained in this item does not apply
19    to the aggregate financial performance information of a
20    private equity fund, nor to the identity of the fund's
21    managers or general partners. The exemption contained in
22    this item does not apply to the identity of a privately
23    held company within the investment portfolio of a private
24    equity fund, unless the disclosure of the identity of a
25    privately held company may cause competitive harm.
26        Nothing contained in this paragraph (g) shall be

 

 

SB3414- 22 -LRB102 22623 SSS 31766 b

1    construed to prevent a person or business from consenting
2    to disclosure.
3        (h) Proposals and bids for any contract, grant, or
4    agreement, including information which if it were
5    disclosed would frustrate procurement or give an advantage
6    to any person proposing to enter into a contractor
7    agreement with the body, until an award or final selection
8    is made. Information prepared by or for the body in
9    preparation of a bid solicitation shall be exempt until an
10    award or final selection is made.
11        (i) Valuable formulae, computer geographic systems,
12    designs, drawings and research data obtained or produced
13    by any public body when disclosure could reasonably be
14    expected to produce private gain or public loss. The
15    exemption for "computer geographic systems" provided in
16    this paragraph (i) does not extend to requests made by
17    news media as defined in Section 2 of this Act when the
18    requested information is not otherwise exempt and the only
19    purpose of the request is to access and disseminate
20    information regarding the health, safety, welfare, or
21    legal rights of the general public.
22        (j) The following information pertaining to
23    educational matters:
24            (i) test questions, scoring keys and other
25        examination data used to administer an academic
26        examination;

 

 

SB3414- 23 -LRB102 22623 SSS 31766 b

1            (ii) information received by a primary or
2        secondary school, college, or university under its
3        procedures for the evaluation of faculty members by
4        their academic peers;
5            (iii) information concerning a school or
6        university's adjudication of student disciplinary
7        cases, but only to the extent that disclosure would
8        unavoidably reveal the identity of the student; and
9            (iv) course materials or research materials used
10        by faculty members.
11        (k) Architects' plans, engineers' technical
12    submissions, and other construction related technical
13    documents for projects not constructed or developed in
14    whole or in part with public funds and the same for
15    projects constructed or developed with public funds,
16    including, but not limited to, power generating and
17    distribution stations and other transmission and
18    distribution facilities, water treatment facilities,
19    airport facilities, sport stadiums, convention centers,
20    and all government owned, operated, or occupied buildings,
21    but only to the extent that disclosure would compromise
22    security.
23        (l) Minutes of meetings of public bodies closed to the
24    public as provided in the Open Meetings Act until the
25    public body makes the minutes available to the public
26    under Section 2.06 of the Open Meetings Act.

 

 

SB3414- 24 -LRB102 22623 SSS 31766 b

1        (m) Communications between a public body and an
2    attorney or auditor representing the public body that
3    would not be subject to discovery in litigation, and
4    materials prepared or compiled by or for a public body in
5    anticipation of a criminal, civil, or administrative
6    proceeding upon the request of an attorney advising the
7    public body, and materials prepared or compiled with
8    respect to internal audits of public bodies.
9        (n) Records relating to a public body's adjudication
10    of employee grievances or disciplinary cases; however,
11    this exemption shall not extend to the final outcome of
12    cases in which discipline is imposed.
13        (o) Administrative or technical information associated
14    with automated data processing operations, including, but
15    not limited to, software, operating protocols, computer
16    program abstracts, file layouts, source listings, object
17    modules, load modules, user guides, documentation
18    pertaining to all logical and physical design of
19    computerized systems, employee manuals, and any other
20    information that, if disclosed, would jeopardize the
21    security of the system or its data or the security of
22    materials exempt under this Section.
23        (p) Records relating to collective negotiating matters
24    between public bodies and their employees or
25    representatives, except that any final contract or
26    agreement shall be subject to inspection and copying.

 

 

SB3414- 25 -LRB102 22623 SSS 31766 b

1        (q) Test questions, scoring keys, and other
2    examination data used to determine the qualifications of
3    an applicant for a license or employment.
4        (r) The records, documents, and information relating
5    to real estate purchase negotiations until those
6    negotiations have been completed or otherwise terminated.
7    With regard to a parcel involved in a pending or actually
8    and reasonably contemplated eminent domain proceeding
9    under the Eminent Domain Act, records, documents, and
10    information relating to that parcel shall be exempt except
11    as may be allowed under discovery rules adopted by the
12    Illinois Supreme Court. The records, documents, and
13    information relating to a real estate sale shall be exempt
14    until a sale is consummated.
15        (s) Any and all proprietary information and records
16    related to the operation of an intergovernmental risk
17    management association or self-insurance pool or jointly
18    self-administered health and accident cooperative or pool.
19    Insurance or self insurance (including any
20    intergovernmental risk management association or self
21    insurance pool) claims, loss or risk management
22    information, records, data, advice or communications.
23        (t) Information contained in or related to
24    examination, operating, or condition reports prepared by,
25    on behalf of, or for the use of a public body responsible
26    for the regulation or supervision of financial

 

 

SB3414- 26 -LRB102 22623 SSS 31766 b

1    institutions, insurance companies, or pharmacy benefit
2    managers, unless disclosure is otherwise required by State
3    law.
4        (u) Information that would disclose or might lead to
5    the disclosure of secret or confidential information,
6    codes, algorithms, programs, or private keys intended to
7    be used to create electronic signatures under the Uniform
8    Electronic Transactions Act.
9        (v) Vulnerability assessments, security measures, and
10    response policies or plans that are designed to identify,
11    prevent, or respond to potential attacks upon a
12    community's population or systems, facilities, or
13    installations, the destruction or contamination of which
14    would constitute a clear and present danger to the health
15    or safety of the community, but only to the extent that
16    disclosure could reasonably be expected to jeopardize the
17    effectiveness of the measures or the safety of the
18    personnel who implement them or the public. Information
19    exempt under this item may include such things as details
20    pertaining to the mobilization or deployment of personnel
21    or equipment, to the operation of communication systems or
22    protocols, or to tactical operations.
23        (w) (Blank).
24        (x) Maps and other records regarding the location or
25    security of generation, transmission, distribution,
26    storage, gathering, treatment, or switching facilities

 

 

SB3414- 27 -LRB102 22623 SSS 31766 b

1    owned by a utility, by a power generator, or by the
2    Illinois Power Agency.
3        (y) Information contained in or related to proposals,
4    bids, or negotiations related to electric power
5    procurement under Section 1-75 of the Illinois Power
6    Agency Act and Section 16-111.5 of the Public Utilities
7    Act that is determined to be confidential and proprietary
8    by the Illinois Power Agency or by the Illinois Commerce
9    Commission.
10        (z) Information about students exempted from
11    disclosure under Sections 10-20.38 or 34-18.29 of the
12    School Code, and information about undergraduate students
13    enrolled at an institution of higher education exempted
14    from disclosure under Section 25 of the Illinois Credit
15    Card Marketing Act of 2009.
16        (aa) Information the disclosure of which is exempted
17    under the Viatical Settlements Act of 2009.
18        (bb) Records and information provided to a mortality
19    review team and records maintained by a mortality review
20    team appointed under the Department of Juvenile Justice
21    Mortality Review Team Act.
22        (cc) Information regarding interments, entombments, or
23    inurnments of human remains that are submitted to the
24    Cemetery Oversight Database under the Cemetery Care Act or
25    the Cemetery Oversight Act, whichever is applicable.
26        (dd) Correspondence and records (i) that may not be

 

 

SB3414- 28 -LRB102 22623 SSS 31766 b

1    disclosed under Section 11-9 of the Illinois Public Aid
2    Code or (ii) that pertain to appeals under Section 11-8 of
3    the Illinois Public Aid Code.
4        (ee) The names, addresses, or other personal
5    information of persons who are minors and are also
6    participants and registrants in programs of park
7    districts, forest preserve districts, conservation
8    districts, recreation agencies, and special recreation
9    associations.
10        (ff) The names, addresses, or other personal
11    information of participants and registrants in programs of
12    park districts, forest preserve districts, conservation
13    districts, recreation agencies, and special recreation
14    associations where such programs are targeted primarily to
15    minors.
16        (gg) Confidential information described in Section
17    1-100 of the Illinois Independent Tax Tribunal Act of
18    2012.
19        (hh) The report submitted to the State Board of
20    Education by the School Security and Standards Task Force
21    under item (8) of subsection (d) of Section 2-3.160 of the
22    School Code and any information contained in that report.
23        (ii) Records requested by persons committed to or
24    detained by the Department of Human Services under the
25    Sexually Violent Persons Commitment Act or committed to
26    the Department of Corrections under the Sexually Dangerous

 

 

SB3414- 29 -LRB102 22623 SSS 31766 b

1    Persons Act if those materials: (i) are available in the
2    library of the facility where the individual is confined;
3    (ii) include records from staff members' personnel files,
4    staff rosters, or other staffing assignment information;
5    or (iii) are available through an administrative request
6    to the Department of Human Services or the Department of
7    Corrections.
8        (jj) Confidential information described in Section
9    5-535 of the Civil Administrative Code of Illinois.
10        (kk) The public body's credit card numbers, debit card
11    numbers, bank account numbers, Federal Employer
12    Identification Number, security code numbers, passwords,
13    and similar account information, the disclosure of which
14    could result in identity theft or impression or defrauding
15    of a governmental entity or a person.
16        (ll) Records concerning the work of the threat
17    assessment team of a school district.
18        (mm) Records provided by a returning resident pursuant
19    to or in connection with participation in the Second
20    Chance State Housing Program.
21    (1.5) Any information exempt from disclosure under the
22Judicial Privacy Act shall be redacted from public records
23prior to disclosure under this Act.
24    (2) A public record that is not in the possession of a
25public body but is in the possession of a party with whom the
26agency has contracted to perform a governmental function on

 

 

SB3414- 30 -LRB102 22623 SSS 31766 b

1behalf of the public body, and that directly relates to the
2governmental function and is not otherwise exempt under this
3Act, shall be considered a public record of the public body,
4for purposes of this Act.
5    (3) This Section does not authorize withholding of
6information or limit the availability of records to the
7public, except as stated in this Section or otherwise provided
8in this Act.
9(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
10101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
116-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
12    Section 15. The Property Tax Code is amended by changing
13Sections 21-95, 21-100, and 21-260 and by adding Section 21-92
14as follows:
 
15    (35 ILCS 200/21-92 new)
16    Sec. 21-92. Purchase and sale by Department of Returning
17Resident Affairs. When any single-family or multi-family
18residential property is delinquent, or is forfeited for each
19of 2 or more years, and is offered for sale under any of the
20provisions of this Code, and the county board of the county in
21which the property is located has not applied to purchase it,
22the Department of Returning Resident Affairs may apply to
23purchase it. The Director of Returning Resident Affairs may
24appoint on its behalf some officer or person to attend such

 

 

SB3414- 31 -LRB102 22623 SSS 31766 b

1sales and bid or, in the case of forfeited property, to apply
2to the county clerk to purchase. The Department of Returning
3Resident Affairs shall apply on the bid or purchase the unpaid
4taxes and special assessments due upon the property. No cash
5need be paid. The Department of Returning Resident Affairs may
6take steps necessary to acquire title to the property and may
7manage and operate the property, including, but not limited
8to, mowing of grass, removal of nuisance greenery, removal of
9garbage, waste, debris or other materials, or the demolition,
10repair, or remediation of unsafe structures. When the
11Department of Returning Resident Affairs is a petitioner for a
12tax deed, no filing fee shall be required. When the Department
13of Returning Resident Affairs is the petitioner for a tax
14deed, one petition may be filed including all parcels that are
15tax delinquent within the county or taxing district, and any
16publication made under Section 22-20 of this Code may combine
17all such parcels within a single notice. The notice shall list
18the street or common address, if known, of the parcels for
19informational purposes. The Department of Returning Resident
20Affairs shall not be required to allege and prove that all
21taxes and special assessments which become due and payable
22after the sale to the county have been paid nor shall the
23county be required to pay the subsequently accruing taxes or
24special assessments at any time. The county collector shall be
25prohibited from including the property in the tax sale of one
26or more subsequent years. The lien of taxes and special

 

 

SB3414- 32 -LRB102 22623 SSS 31766 b

1assessments which become due and payable after a sale to the
2Department of Returning Resident Affairs shall merge in the
3fee title of that Department on the issuance of a deed. The
4Department may sell or assign the property so acquired, or the
5certificate of purchase to it, to any party.
 
6    (35 ILCS 200/21-95)
7    Sec. 21-95. Tax abatement after acquisition by a
8governmental unit. When any county, municipality, school
9district, forest preserve district, or park district or the
10Department of Returning Resident Affairs acquires property
11through the foreclosure of a lien, through a judicial deed,
12through the foreclosure of receivership certificate lien, or
13by acceptance of a deed of conveyance in lieu of foreclosing
14any lien against the property, or when a government unit
15acquires property under the Abandoned Housing Rehabilitation
16Act or a blight reduction or abandoned property program
17administered by the Illinois Housing Development Authority, or
18when any county or other taxing district acquires a deed for
19property under Section 21-90 or Sections 21-145 and 21-260, or
20when the Department of Returning Resident Affairs acquires a
21deed for property under Section 21-90a, or when any county,
22municipality, school district, forest preserve district, or
23park district acquires title to property that was to be
24transferred to that county, municipality, school district,
25forest preserve district, or park district under the terms of

 

 

SB3414- 33 -LRB102 22623 SSS 31766 b

1an annexation agreement, development agreement, donation
2agreement, plat of subdivision, or zoning ordinance by an
3entity that has been dissolved or is being dissolved or has
4been in bankruptcy proceedings or is in bankruptcy
5proceedings, all due or unpaid property taxes and existing
6liens for unpaid property taxes imposed or pending under any
7law or ordinance of this State or any of its political
8subdivisions shall become null and void.
9(Source: P.A. 100-314, eff. 8-24-17; 100-445, eff. 1-1-18;
10100-863, eff. 8-14-18.)
 
11    (35 ILCS 200/21-100)
12    Sec. 21-100. Notice to county officials; voiding of tax
13bills. The county board or corporate authorities of the
14county, or other taxing district or the Department of
15Returning Resident Affairs acquiring property under Section
1621-95 shall give written notice of the acquisition to the
17chief county assessment officer and the county collector and
18the county clerk of the county in which the property is
19located, and request the voiding of the tax liens as provided
20in this Section. The notice shall describe the acquired
21property by legal description or property index number.
22    Upon receipt of the notice, the county collector and
23county clerk shall void the current and all prior unpaid taxes
24on the records in their respective offices by entering the
25following statement upon their records for the property:

 

 

SB3414- 34 -LRB102 22623 SSS 31766 b

1"Acquired by ... (name of county, municipality, school
2district, or park district or the Department of Returning
3Resident Affairs acquiring the property under Section 21-95).
4Taxes due and unpaid on this property ... (give legal
5description or property index number and address of the
6property) ... are waived and null and void under Section
721-100 of the Property Tax Code. The tax bills of this property
8are hereby voided and liens for the taxes are extinguished."
9(Source: P.A. 96-1142, eff. 7-21-10.)
 
10    (35 ILCS 200/21-260)
11    Sec. 21-260. Collector's scavenger sale. Upon the county
12collector's application under Section 21-145, to be known as
13the Scavenger Sale Application, the Court shall enter judgment
14for the general taxes, special taxes, special assessments,
15interest, penalties and costs as are included in the
16advertisement and appear to be due thereon after allowing an
17opportunity to object and a hearing upon the objections as
18provided in Section 21-175, and order those properties sold by
19the County Collector at public sale, or by electronic
20automated sale if the collector chooses to conduct an
21electronic automated sale pursuant to Section 21-261, to the
22highest bidder for cash, notwithstanding the bid may be less
23than the full amount of taxes, special taxes, special
24assessments, interest, penalties and costs for which judgment
25has been entered.

 

 

SB3414- 35 -LRB102 22623 SSS 31766 b

1    (a) Conducting the sale; bidding sale - Bidding. All
2properties shall be offered for sale in consecutive order as
3they appear in the delinquent list. The minimum bid for any
4property shall be $250 or one-half of the tax if the total
5liability is less than $500. For in-person scavenger sales,
6the successful bidder shall pay the amount of the minimum bid
7to the County Collector by the end of the business day on which
8the bid was placed. That amount shall be paid in cash, by
9certified or cashier's check, by money order, or, if the
10successful bidder is a governmental unit, by a check issued by
11that governmental unit. For electronic automated scavenger
12sales, the successful bidder shall pay the minimum bid amount
13by the close of the business day on which the bid was placed.
14That amount shall be paid online via ACH debit or by the
15electronic payment method required by the county collector.
16For in-person scavenger sales, if the bid exceeds the minimum
17bid, the successful bidder shall pay the balance of the bid to
18the county collector in cash, by certified or cashier's check,
19by money order, or, if the successful bidder is a governmental
20unit, by a check issued by that governmental unit by the close
21of the next business day. For electronic automated scavenger
22sales, the successful bidder shall pay, by the close of the
23next business day, the balance of the bid online via ACH debit
24or by the electronic payment method required by the county
25collector. If the minimum bid is not paid at the time of sale
26or if the balance is not paid by the close of the next business

 

 

SB3414- 36 -LRB102 22623 SSS 31766 b

1day, then the sale is void and the minimum bid, if paid, is
2forfeited to the county general fund. In that event, the
3property shall be reoffered for sale within 30 days of the last
4offering of property in regular order. The collector shall
5make available to the public a list of all properties to be
6included in any reoffering due to the voiding of the original
7sale. The collector is not required to serve or publish any
8other notice of the reoffering of those properties. In the
9event that any of the properties are not sold upon reoffering,
10or are sold for less than the amount of the original voided
11sale, the original bidder who failed to pay the bid amount
12shall remain liable for the unpaid balance of the bid in an
13action under Section 21-240. Liability shall not be reduced
14where the bidder upon reoffering also fails to pay the bid
15amount, and in that event both bidders shall remain liable for
16the unpaid balance of their respective bids. A sale of
17properties under this Section shall not be final until
18confirmed by the court.
19    (b) Confirmation of sales. The county collector shall file
20his or her report of sale in the court within 30 days of the
21date of sale of each property. No notice of the county
22collector's application to confirm the sales shall be required
23except as prescribed by rule of the court. Upon confirmation,
24except in cases where the sale becomes void under Section
2522-85, or in cases where the order of confirmation is vacated
26by the court, a sale under this Section shall extinguish the in

 

 

SB3414- 37 -LRB102 22623 SSS 31766 b

1rem lien of the general taxes, special taxes and special
2assessments for which judgment has been entered and a
3redemption shall not revive the lien. Confirmation of the sale
4shall in no event affect the owner's personal liability to pay
5the taxes, interest and penalties as provided in this Code or
6prevent institution of a proceeding under Section 21-440 to
7collect any amount that may remain due after the sale.
8    (c) Issuance of tax sale certificates. Upon confirmation
9of the sale, the County Clerk and the County Collector shall
10issue to the purchaser a certificate of purchase in the form
11prescribed by Section 21-250 as near as may be. A certificate
12of purchase shall not be issued to any person who is ineligible
13to bid at the sale or to receive a certificate of purchase
14under Section 21-265.
15    (d) Scavenger Tax Judgment, Sale and Redemption Record;
16sale Record - Sale of parcels not sold. The county collector
17shall prepare a Scavenger Tax Judgment, Sale and Redemption
18Record. The county clerk shall write or stamp on the scavenger
19tax judgment, sale, forfeiture and redemption record opposite
20the description of any property offered for sale and not sold,
21or not confirmed for any reason, the words "offered but not
22sold". The properties which are offered for sale under this
23Section and not sold or not confirmed shall be offered for sale
24annually thereafter in the manner provided in this Section
25until sold, except in the case of mineral rights, which after
2610 consecutive years of being offered for sale under this

 

 

SB3414- 38 -LRB102 22623 SSS 31766 b

1Section and not sold or confirmed shall no longer be required
2to be offered for sale. Single-family and multi-family
3residential properties shall first be offered without charge
4to the Department of Returning Resident Affairs . At any time
5between annual sales the County Collector may advertise for
6sale any properties subject to sale under judgments for sale
7previously entered under this Section and not executed for any
8reason. The advertisement and sale shall be regulated by the
9provisions of this Code as far as applicable.
10    (e) Proceeding to tax deed. The owner of the certificate
11of purchase shall give notice as required by Sections 22-5
12through 22-30, and may extend the period of redemption as
13provided by Section 21-385. At any time within 6 months prior
14to expiration of the period of redemption from a sale under
15this Code, the owner of a certificate of purchase may file a
16petition and may obtain a tax deed under Sections 22-30
17through 22-55. Within 30 days from filing of the petition, the
18owner of a certificate must file with the county clerk the
19names and addresses of the owners of the property and those
20persons entitled to service of notice at their last known
21addresses. The clerk shall mail notice within 30 days from the
22date of the filing of addresses with the clerk. All
23proceedings for the issuance of a tax deed and all tax deeds
24for properties sold under this Section shall be subject to
25Sections 22-30 through 22-55. Deeds issued under this Section
26are subject to Section 22-70. This Section shall be liberally

 

 

SB3414- 39 -LRB102 22623 SSS 31766 b

1construed so that the deeds provided for in this Section
2convey merchantable title.
3    (f) Redemptions from scavenger sales. Redemptions may be
4made from sales under this Section in the same manner and upon
5the same terms and conditions as redemptions from sales made
6under the County Collector's annual application for judgment
7and order of sale, except that in lieu of penalty the person
8redeeming shall pay interest as follows if the sale occurs
9before September 9, 1993:
10        (1) If redeemed within the first 2 months from the
11    date of the sale, 3% per month or portion thereof upon the
12    amount for which the property was sold;
13        (2) If redeemed between 2 and 6 months from the date of
14    the sale, 12% of the amount for which the property was
15    sold;
16        (3) If redeemed between 6 and 12 months from the date
17    of the sale, 24% of the amount for which the property was
18    sold;
19        (4) If redeemed between 12 and 18 months from the date
20    of the sale, 36% of the amount for which the property was
21    sold;
22        (5) If redeemed between 18 and 24 months from the date
23    of the sale, 48% of the amount for which the property was
24    sold;
25        (6) If redeemed after 24 months from the date of sale,
26    the 48% herein provided together with interest at 6% per

 

 

SB3414- 40 -LRB102 22623 SSS 31766 b

1    year thereafter.
2    If the sale occurs on or after September 9, 1993, the
3person redeeming shall pay interest on that part of the amount
4for which the property was sold equal to or less than the full
5amount of delinquent taxes, special assessments, penalties,
6interest, and costs, included in the judgment and order of
7sale as follows:
8        (1) If redeemed within the first 2 months from the
9    date of the sale, 3% per month upon the amount of taxes,
10    special assessments, penalties, interest, and costs due
11    for each of the first 2 months, or fraction thereof.
12        (2) If redeemed at any time between 2 and 6 months from
13    the date of the sale, 12% of the amount of taxes, special
14    assessments, penalties, interest, and costs due.
15        (3) If redeemed at any time between 6 and 12 months
16    from the date of the sale, 24% of the amount of taxes,
17    special assessments, penalties, interest, and costs due.
18        (4) If redeemed at any time between 12 and 18 months
19    from the date of the sale, 36% of the amount of taxes,
20    special assessments, penalties, interest, and costs due.
21        (5) If redeemed at any time between 18 and 24 months
22    from the date of the sale, 48% of the amount of taxes,
23    special assessments, penalties, interest, and costs due.
24        (6) If redeemed after 24 months from the date of sale,
25    the 48% provided for the 24 months together with interest
26    at 6% per annum thereafter on the amount of taxes, special

 

 

SB3414- 41 -LRB102 22623 SSS 31766 b

1    assessments, penalties, interest, and costs due.
2    The person redeeming shall not be required to pay any
3interest on any part of the amount for which the property was
4sold that exceeds the full amount of delinquent taxes, special
5assessments, penalties, interest, and costs included in the
6judgment and order of sale.
7    Notwithstanding any other provision of this Section,
8except for owner-occupied single family residential units
9which are condominium units, cooperative units or dwellings,
10the amount required to be paid for redemption shall also
11include an amount equal to all delinquent taxes on the
12property which taxes were delinquent at the time of sale. The
13delinquent taxes shall be apportioned by the county collector
14among the taxing districts in which the property is situated
15in accordance with law. In the event that all moneys received
16from any sale held under this Section exceed an amount equal to
17all delinquent taxes on the property sold, which taxes were
18delinquent at the time of sale, together with all publication
19and other costs associated with the sale, then, upon
20redemption, the County Collector and the County Clerk shall
21apply the excess amount to the cost of redemption.
22    (g) Bidding by county or other taxing districts. Any
23taxing district and the Department of Returning Resident
24Affairs may bid at a scavenger sale. The county board of the
25county in which properties offered for sale under this Section
26are located may bid as trustee for all taxing districts having

 

 

SB3414- 42 -LRB102 22623 SSS 31766 b

1an interest in the taxes for the nonpayment of which the
2parcels are offered. The County or the Department of Returning
3Resident Affairs shall apply on the bid the unpaid taxes due
4upon the property and no cash need be paid. The County or other
5taxing district or the Department of Returning Resident
6Affairs acquiring a tax sale certificate shall take all steps
7necessary to acquire title to the property and may manage and
8operate the property so acquired.
9    When a county, or other taxing district within the county,
10or the Department of Returning Resident Affairs is a
11petitioner for a tax deed, no filing fee shall be required on
12the petition. The county as a tax creditor and as trustee for
13other tax creditors, or other taxing district within the
14county or the Department of Returning Resident Affairs shall
15not be required to allege and prove that all taxes and special
16assessments which become due and payable after the sale to the
17county have been paid. The county or the Department of
18Returning Resident Affairs shall not be required to pay the
19subsequently accruing taxes or special assessments at any
20time. Upon the written request of the county board or its
21designee, the county collector shall not offer the property
22for sale at any tax sale subsequent to the sale of the property
23to the county under this Section. The lien of taxes and special
24assessments which become due and payable after a sale to a
25county shall merge in the fee title of the county, or other
26taxing district, on the issuance of a deed. The County may sell

 

 

SB3414- 43 -LRB102 22623 SSS 31766 b

1the properties so acquired, or the certificate of purchase
2thereto, and the proceeds of the sale shall be distributed to
3the taxing districts in proportion to their respective
4interests therein. The presiding officer of the county board,
5with the advice and consent of the County Board, may appoint
6some officer or person to attend scavenger sales and bid on its
7behalf.
8    (h) Miscellaneous provisions. In the event that the tract
9of land or lot sold at any such sale is not redeemed within the
10time permitted by law and a tax deed is issued, all moneys that
11may be received from the sale of properties in excess of the
12delinquent taxes, together with all publication and other
13costs associated with the sale, shall, upon petition of any
14interested party to the court that issued the tax deed, be
15distributed by the County Collector pursuant to order of the
16court among the persons having legal or equitable interests in
17the property according to the fair value of their interests in
18the tract or lot. Section 21-415 does not apply to properties
19sold under this Section. Appeals may be taken from the orders
20and judgments entered under this Section as in other civil
21cases. The remedy herein provided is in addition to other
22remedies for the collection of delinquent taxes.
23    (i) The changes to this Section made by Public Act 95-477
24this amendatory Act of the 95th General Assembly apply only to
25matters in which a petition for tax deed is filed on or after
26June 1, 2008 (the effective date of Public Act 95-477) this

 

 

SB3414- 44 -LRB102 22623 SSS 31766 b

1amendatory Act of the 95th General Assembly.
2(Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22;
3revised 10-18-21.)
 
4    Section 97. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law, but this Act does not take effect at all unless
8"An Act creating the Department of Returning Resident Affairs"
9of the 102nd General Assembly becomes law.

 

 

SB3414- 45 -LRB102 22623 SSS 31766 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7from Ch. 116, par. 207
4    35 ILCS 200/21-92 new
5    35 ILCS 200/21-95
6    35 ILCS 200/21-100
7    35 ILCS 200/21-260