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Ira I. Silverstein
Filed: 2/18/2004
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LRB093 20514 MKM 47672 a |
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| AMENDMENT TO SENATE BILL 2409
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| AMENDMENT NO. ______. Amend Senate Bill 2409 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Property Tax Code is amended by changing |
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| Section 22-30 as follows:
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| (35 ILCS 200/22-30)
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| Sec. 22-30. Petition for deed. At any time within 5 months |
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| but not less
than 3 months prior to the expiration of the |
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| redemption period for property
sold pursuant to judgment and |
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| order of sale under Sections 21-110 through
21-120 or 21-260, |
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| the purchaser or his or her assignee may file a petition in
the |
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| circuit court in the same proceeding in which the judgment and |
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| order of
sale were entered, asking that the court direct the |
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| county clerk to issue a tax
deed if the property is not |
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| redeemed from the sale. The petition shall be
accompanied by |
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| the statutory filing fee.
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| Notice of filing the petition and the date on which the |
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| petitioner intends to
apply for an order on the petition that a |
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| deed be issued if the property is not
redeemed shall be given |
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| to occupants, owners and persons interested in the
property as |
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| part of the notice provided in Sections 22-10 through 22-25, |
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| except
that only one publication is required. The county clerk |
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| shall be notified of
the filing of the petition and any person |
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| owning or interested in the property
may, if he or she desires, |
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LRB093 20514 MKM 47672 a |
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| appear in the proceeding. |
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| If the property is residential, whether vacant or occupied, |
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| the petition shall set out the amount of the owner's equity in |
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| the property and the amount necessary to redeem the property. |
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| If the homeowner's equity is more than 3 times greater than the |
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| amount necessary to redeem, the petitioner shall, by motion, |
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| notify the court of the disparity. For purposes of this |
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| provision, the homeowner's equity shall be the difference |
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| between the appraised value and the total sum of all liens of |
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| record. |
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| The appraised value shall be determined in accordance with |
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| generally accepted procedures and standards applicable to the |
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| appraisal of property by a person who is licensed pursuant to |
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| the Real Estate Appraiser Licensing Act of 2002. |
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| Upon receipt of notification, the court may appoint a |
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| special investigator for the sole purpose of initiating an |
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| investigation whether the owner is a disabled person, as |
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| defined in Section 11a-2 of the Probate Act of 1975. For |
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| purposes of this provision, an independent investigator is the |
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| Public Guardian or his or her designee, the State's Attorney or |
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| his or her designee, or the Director of the Guardianship and |
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| Advocacy Commission or his or her designee.
The special |
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| investigator shall make reasonable efforts to personally |
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| observe the respondent and inform him or her of the pending |
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| petition and the possible consequences of failing to respond to |
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| that petition. |
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| The special investigator shall also attempt to elicit the |
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| respondent's position concerning the property and make other |
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| areas of inquiry that would elicit information as to the |
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| ability of the property owner to manage his or her affairs. |
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| Within 30 days after appointment, the special investigator |
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| shall file a written report with the court detailing whether |
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| contact was made with the homeowner. If contact was not made, |
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| the report shall describe his or her attempts to contact the |
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| home owner. If contact was made, the report shall describe the |
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| special investigator's observations of the homeowner, the |
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| responses of the homeowner to any of the special investigator's |
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| inquiries, the opinion of the special investigator as to the |
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| property owner's capability to manage his or her affairs, and |
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| any other material issue discovered. |
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| Upon receipt of the report, the court may: (1) accept the |
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| report and make a finding that the information in the report |
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| would not justify a reasonable concern that the homeowner is a |
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| disabled adult as defined in Article XIa of the Probate Act of |
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| 1975, (2) set the matter for a hearing so that the court can |
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| elicit further information from the special investigator, or |
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| (3) order the special investigator to file a petition seeking |
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| the appointment of a guardian for the property owner, pursuant |
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| to Article XIa of the Probate Act of 1975. If the court enters |
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| an order requiring the filing of a petition for appointment of |
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| a guardian for a disabled adult, proceedings under this Section |
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| and Sections 22-35 through 22-50 shall be stayed until further |
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| order of court. |
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| If the court orders that a petition to declare the property |
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| owner a disabled person be filed, and a guardian is appointed |
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| for that disabled person, the period to redeem the property |
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| shall be extended for an additional 6 months from the date of |
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| his or her appointment.
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| (Source: P.A. 86-1158; 86-1431; 86-1475; 87-145; 87-669; |
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| 87-671; 87-895;
87-1189; 88-455.)".
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