SB2879 97TH GENERAL ASSEMBLY

LRB097 15987 HLH 61138 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2879

Introduced 2/1/2012, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

35 ILCS 200/22-35

Amends the Property Tax Code. Provides that a Section of the Code requiring tax purchasers to either reimburse any governmental agency that has an interest in the property as a result of certain advancements made from public funds or obtain a waiver of the lien applies to (i) interests held by the State as well as cities, villages, incorporated towns, and other units of local government that provide water or sewer service and (ii) interests based on the provision of water or sewer services.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Property Tax Code is amended by changing Section 22-35 as follows:

(35 ILCS 200/22-35)

Sec. 22-35. Reimbursement of governmental agency municipality before issuance of tax deed. Except in any proceeding in which the tax purchaser is a county acting as a trustee for taxing districts as provided in Section 21-90, an order for the issuance of a tax deed under this Code shall not be entered affecting the title to or interest in any property in which a governmental agency city, village or incorporated town has an interest (i) under the police and welfare power by advancements made from public funds or (ii) for the provision of water or sewer services, until the purchaser or assignee makes reimbursement to the governmental agency city, village or incorporated town of the money so advanced or the governmental agency city, village, or town waives its lien on the property for the money so advanced. However, in lieu of reimbursement or waiver, the purchaser or his or her assignee may make application for and the court shall order that the tax purchase be set aside as a sale in error. A filing or appearance fee shall not be required of a governmental agency city, village or incorporated town seeking to enforce its claim under this Section in a tax deed proceeding.

For the purposes of this Section, "governmental agency" includes the State, a city, a village, an incorporated town, and any other unit of local government that provides water or sewer services.

(Source: P.A. 93-490, eff. 8-8-03.)