SB2409sam001 93RD GENERAL ASSEMBLY

Ira I. Silverstein

Filed: 2/18/2004

09300SB2409sam001 LRB093 20514 MKM 47672 a

AMENDMENT TO SENATE BILL 2409

AMENDMENT NO. ______. Amend Senate Bill 2409 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Section 22-30 as follows:

(35 ILCS 200/22-30)

Sec. 22-30. Petition for deed. At any time within 5 months but not less than 3 months prior to the expiration of the redemption period for property sold pursuant to judgment and order of sale under Sections 21-110 through 21-120 or 21-260, the purchaser or his or her assignee may file a petition in the circuit court in the same proceeding in which the judgment and order of sale were entered, asking that the court direct the county clerk to issue a tax deed if the property is not redeemed from the sale. The petition shall be accompanied by the statutory filing fee.

Notice of filing the petition and the date on which the petitioner intends to apply for an order on the petition that a deed be issued if the property is not redeemed shall be given to occupants, owners and persons interested in the property as part of the notice provided in Sections 22-10 through 22-25, except that only one publication is required. The county clerk shall be notified of the filing of the petition and any person owning or interested in the property may, if he or she desires, appear in the proceeding.

If the property is residential, whether vacant or occupied, the petition shall set out the amount of the owner's equity in the property and the amount necessary to redeem the property. If the homeowner's equity is more than 3 times greater than the amount necessary to redeem, the petitioner shall, by motion, notify the court of the disparity. For purposes of this provision, the homeowner's equity shall be the difference between the appraised value and the total sum of all liens of record.

The appraised value shall be determined in accordance with generally accepted procedures and standards applicable to the appraisal of property by a person who is licensed pursuant to the Real Estate Appraiser Licensing Act of 2002.

Upon receipt of notification, the court may appoint a special investigator for the sole purpose of initiating an investigation whether the owner is a disabled person, as defined in Section 11a-2 of the Probate Act of 1975. For purposes of this provision, an independent investigator is the Public Guardian or his or her designee, the State's Attorney or his or her designee, or the Director of the Guardianship and Advocacy Commission or his or her designee. The special investigator shall make reasonable efforts to personally observe the respondent and inform him or her of the pending petition and the possible consequences of failing to respond to that petition.

The special investigator shall also attempt to elicit the respondent's position concerning the property and make other areas of inquiry that would elicit information as to the ability of the property owner to manage his or her affairs.

Within 30 days after appointment, the special investigator shall file a written report with the court detailing whether contact was made with the homeowner. If contact was not made, the report shall describe his or her attempts to contact the home owner. If contact was made, the report shall describe the special investigator's observations of the homeowner, the responses of the homeowner to any of the special investigator's inquiries, the opinion of the special investigator as to the property owner's capability to manage his or her affairs, and any other material issue discovered.

Upon receipt of the report, the court may: (1) accept the report and make a finding that the information in the report would not justify a reasonable concern that the homeowner is a disabled adult as defined in Article XIa of the Probate Act of 1975, (2) set the matter for a hearing so that the court can elicit further information from the special investigator, or (3) order the special investigator to file a petition seeking the appointment of a guardian for the property owner, pursuant to Article XIa of the Probate Act of 1975. If the court enters an order requiring the filing of a petition for appointment of a guardian for a disabled adult, proceedings under this Section and Sections 22-35 through 22-50 shall be stayed until further order of court.

If the court orders that a petition to declare the property owner a disabled person be filed, and a guardian is appointed for that disabled person, the period to redeem the property shall be extended for an additional 6 months from the date of his or her appointment.

(Source: P.A. 86-1158; 86-1431; 86-1475; 87-145; 87-669; 87-671; 87-895; 87-1189; 88-455.)".