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Full Text of SB3782
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SB3782 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3782
Introduced 2/5/2026, by Sen. Erica Harriss
SYNOPSIS AS INTRODUCED:
5 ILCS 420/3A-55 new
5 ILCS 430/99-15 new
20 ILCS 3805/36 new
Amends the Illinois Housing Development Act. Creates the Fairness in
Property Tax Foreclosure Task Force. Sets forth the membership of the Task
Force. Provides that the Task Force shall study and make recommendations
concerning issues associated with property foreclosure for failure to pay
property taxes. Amends the Illinois Governmental Ethics Act and the State
Officials and Employees Ethics Act to make conforming changes. Effective
immediately.
LRB104 19417 HLH 32865 b
A BILL FOR
SB3782
LRB104 19417 HLH 32865 b
1
AN ACT concerning revenue.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Governmental Ethics Act is amended
5
by adding Section 3A-55 as follows:
6
(5 ILCS 420/3A-55 new)
7
Sec. 3A-55.
Exemption.
Members of the Fairness in Property
8
Tax Foreclosure Task Force are, in their capacity as members
9
of the Fairness in Property Tax Foreclosure Task Force, exempt
10
from any training, disclosure, or filing requirements under
11
this Act.
12
Section 10.
The State Officials and Employees Ethics Act
13
is amended by adding Section 99-15 as follows:
14
(5 ILCS 430/99-15 new)
15
Sec. 99-15.
Exemption.
The Fairness in Property Tax
16
Foreclosure Task Force are, in their capacity as members of
17
the Fairness in Property Tax Foreclosure Task Force, exempt
18
from any training, disclosure, or filing requirements under
19
this Act.
20
Section 15.
The Illinois Housing Development Act is
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LRB104 19417 HLH 32865 b
1
amended by adding Section 36 as follows:
2
(20 ILCS 3805/36 new)
3
Sec. 36.
The Fairness in Property Tax Foreclosure Task
4
Force.
5
(a) The General Assembly finds that:
6
(1) homeownership has long been viewed as a foundation
7
for building wealth;
8
(2) for many Illinoisans, the equity in their home is
9
the single greatest asset they have;
10
(3) the loss of owner-occupied homes following the
11
annual tax sale results in a loss of home equity for
12
impacted households and negatively impacts the ability of
13
those households to build generational wealth; and
14
(4) the redemption process in Illinois can often be
15
complicated, confusing, and burdensome, resulting in the
16
loss of homeownership as well as the equity the homeowner
17
built up over time.
18
(b) The Fairness in Property Tax Foreclosure Task Force is
19
hereby created. The Task Force shall consist of the following
20
members:
21
(1) one member, who shall serve as co-chairperson of
22
the Task Force, appointed by the President of the Senate;
23
(2) one member, who shall serve as co-chairperson of
24
the Task Force, appointed by the Speaker of the House of
25
Representatives;
SB3782
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LRB104 19417 HLH 32865 b
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(3) one member appointed by the Minority Leader of the
2
Senate;
3
(4) one member appointed by the Minority Leader of the
4
House of Representatives;
5
(5) the Attorney General or his or her designee;
6
(6) one member appointed by the Governor from a
7
statewide organization representing the interests of
8
assessors;
9
(7) one member appointed by the Governor from a
10
statewide organization that represents the interests of
11
municipalities;
12
(8) one member appointed by the Governor from a
13
statewide organization representing the interests of
14
realtors;
15
(9) one member appointed by the Governor from a
16
statewide organization that represents commercial bankers;
17
(10) one member appointed by the Governor from a
18
statewide organization that represents attorneys working
19
in the field of property title law;
20
(11) one member appointed by the Governor from a
21
statewide organization that represents the interests of
22
county clerks and recorders;
23
(12) one member appointed by the Governor from a
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statewide organization that represents the interests of
25
county treasurers;
26
(13) one member appointed by the Governor from a
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statewide organization representing the interests of
2
circuit court clerks;
3
(14) one member appointed by the Governor from a
4
statewide organization representing the interests of
5
counties;
6
(15) up to 2 members, appointed by the co-chairpersons
7
of the Task Force, representing nonprofit affordable
8
housing organizations, housing counseling organizations,
9
or homeownership organizations; and
10
(16) up to 3 members, appointed by the co-chairpersons
11
of the Task Force, representing taxing districts, other
12
than municipalities, that contain a significant number of
13
properties that are included in the annual tax sale.
14
At the discretion of both of the co-chairpersons of the
15
Task Force, additional individuals may participate as
16
nonvoting members of the Task Force.
17
(c) Members of the Task Force shall be appointed no later
18
than 30 days after the effective date of this amendatory Act of
19
the 104th General Assembly. If any members are not appointed
20
within that 30-day period, the appointing authority shall be
21
deemed to have waived the right to make that appointment.
22
Vacancies in the Task Force, other than a vacancy occurring
23
because of a waiver by the appointing authority under this
24
subsection, shall be filled by the original appointing
25
authority.
26
(d) Members of the Task Force shall serve without
SB3782
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1
compensation but may be reimbursed for necessary expenses
2
incurred in connection with the Task Force. The Illinois
3
Housing Development Authority shall provide administrative
4
support to the Task Force as needed.
5
(e) The members of the Task Force are, in their capacity as
6
members of the Fairness in Property Tax Foreclosure Task
7
Force, exempt from any training, disclosure, or filing
8
requirements under the State Officials and Employees Ethics
9
Act, the Illinois Governmental Ethics Act, or any other
10
applicable State law or rule imposing training, disclosure, or
11
filing requirements.
12
(f) Once all of the members of the Task Force have been
13
appointed, other than members appointed under items (15) or
14
(16) of subsection (b) or members whose appointments have been
15
waived under subsection (c), the Task Force shall meet not
16
less than 4 times at the call of one or both of the
17
co-chairpersons to carry out the duties prescribed in this
18
Section. Members of the Task Force may attend those meetings
19
virtually.
20
(g) The Task Force shall study and make recommendations
21
concerning issues associated with property foreclosures due to
22
failure of the owner to pay property taxes. Those issues shall
23
include, but shall not be limited to:
24
(1) the recent decision of the United States Supreme
25
Court in
Tyler v. Hennepin County
, 598 U.S. 631, regarding
26
the retention of excess revenue by a government entity
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1
after the sale of property acquired following a tax sale
2
and foreclosure;
3
(2) the requirements of the Illinois and United States
4
Constitutions, especially with respect to due process and
5
takings, and the impact of those provisions on the
6
property tax sale process, including the sufficiency of
7
notice requirements to delinquent taxpayers and related
8
entities, such as lienholders and mortgagees, and
9
conditions under which the holder of the tax deed or any
10
subsequent owner is or should be entitled to retain excess
11
funds acquired through the sale of property that has been
12
acquired during a tax sale;
13
(3) the role of land bank authorities, mortgage
14
holders, and other lienholders and the rights of each in
15
the tax sale and foreclosure process;
16
(4) whether the tax lien foreclosure process is or
17
should be the same for both residential property and
18
commercial property or whether differences are necessary
19
or desirable;
20
(5) the rights of former owners, commercial lenders or
21
lienholders, and government entities when property has
22
been acquired for nonpayment of property taxes and the tax
23
deed grantee does not intend to sell the property; and
24
(6) the sufficiency of any current redemption periods
25
or statutes of limitations with respect to property tax
26
sales.
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LRB104 19417 HLH 32865 b
1
The recommendations of the Task Force may, but need not
2
be, in the form of proposed legislation.
3
(g) A report detailing the Task Force's findings,
4
conclusions, and recommendations shall be filed with the
5
General Assembly, in accordance with Section 3.1 of the
6
General Assembly Organization Act, by no later than December
7
30, 2026. The Task Force is dissolved upon submission of the
8
report.
9
(h) This Section is repealed on January 1, 2027.
10
Section 99.
Effective date.
This Act takes effect upon
11
becoming law.
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