Full Text of SB2409 93rd General Assembly
SB2409sam001 93RD GENERAL ASSEMBLY
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Ira I. Silverstein
Filed: 2/18/2004
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09300SB2409sam001 |
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Property Tax Code is amended by changing | 5 |
| 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 | 8 |
| but not less
than 3 months prior to the expiration of the | 9 |
| redemption period for property
sold pursuant to judgment and | 10 |
| order of sale under Sections 21-110 through
21-120 or 21-260, | 11 |
| the purchaser or his or her assignee may file a petition in
the | 12 |
| circuit court in the same proceeding in which the judgment and | 13 |
| order of
sale were entered, asking that the court direct the | 14 |
| county clerk to issue a tax
deed if the property is not | 15 |
| redeemed from the sale. The petition shall be
accompanied by | 16 |
| the statutory filing fee.
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| Notice of filing the petition and the date on which the | 18 |
| petitioner intends to
apply for an order on the petition that a | 19 |
| deed be issued if the property is not
redeemed shall be given | 20 |
| to occupants, owners and persons interested in the
property as | 21 |
| part of the notice provided in Sections 22-10 through 22-25, | 22 |
| except
that only one publication is required. The county clerk | 23 |
| shall be notified of
the filing of the petition and any person | 24 |
| owning or interested in the property
may, if he or she desires, |
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| appear in the proceeding. | 2 |
| If the property is residential, whether vacant or occupied, | 3 |
| the petition shall set out the amount of the owner's equity in | 4 |
| the property and the amount necessary to redeem the property. | 5 |
| If the homeowner's equity is more than 3 times greater than the | 6 |
| amount necessary to redeem, the petitioner shall, by motion, | 7 |
| notify the court of the disparity. For purposes of this | 8 |
| provision, the homeowner's equity shall be the difference | 9 |
| between the appraised value and the total sum of all liens of | 10 |
| record. | 11 |
| The appraised value shall be determined in accordance with | 12 |
| generally accepted procedures and standards applicable to the | 13 |
| appraisal of property by a person who is licensed pursuant to | 14 |
| the Real Estate Appraiser Licensing Act of 2002. | 15 |
| Upon receipt of notification, the court may appoint a | 16 |
| special investigator for the sole purpose of initiating an | 17 |
| investigation whether the owner is a disabled person, as | 18 |
| defined in Section 11a-2 of the Probate Act of 1975. For | 19 |
| purposes of this provision, an independent investigator is the | 20 |
| Public Guardian or his or her designee, the State's Attorney or | 21 |
| his or her designee, or the Director of the Guardianship and | 22 |
| Advocacy Commission or his or her designee.
The special | 23 |
| investigator shall make reasonable efforts to personally | 24 |
| observe the respondent and inform him or her of the pending | 25 |
| petition and the possible consequences of failing to respond to | 26 |
| that petition. | 27 |
| The special investigator shall also attempt to elicit the | 28 |
| respondent's position concerning the property and make other | 29 |
| areas of inquiry that would elicit information as to the | 30 |
| ability of the property owner to manage his or her affairs. | 31 |
| Within 30 days after appointment, the special investigator | 32 |
| shall file a written report with the court detailing whether | 33 |
| contact was made with the homeowner. If contact was not made, | 34 |
| 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 | 2 |
| special investigator's observations of the homeowner, the | 3 |
| responses of the homeowner to any of the special investigator's | 4 |
| inquiries, the opinion of the special investigator as to the | 5 |
| property owner's capability to manage his or her affairs, and | 6 |
| any other material issue discovered. | 7 |
| Upon receipt of the report, the court may: (1) accept the | 8 |
| report and make a finding that the information in the report | 9 |
| would not justify a reasonable concern that the homeowner is a | 10 |
| disabled adult as defined in Article XIa of the Probate Act of | 11 |
| 1975, (2) set the matter for a hearing so that the court can | 12 |
| elicit further information from the special investigator, or | 13 |
| (3) order the special investigator to file a petition seeking | 14 |
| the appointment of a guardian for the property owner, pursuant | 15 |
| to Article XIa of the Probate Act of 1975. If the court enters | 16 |
| an order requiring the filing of a petition for appointment of | 17 |
| a guardian for a disabled adult, proceedings under this Section | 18 |
| and Sections 22-35 through 22-50 shall be stayed until further | 19 |
| order of court. | 20 |
| If the court orders that a petition to declare the property | 21 |
| owner a disabled person be filed, and a guardian is appointed | 22 |
| for that disabled person, the period to redeem the property | 23 |
| shall be extended for an additional 6 months from the date of | 24 |
| his or her appointment.
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| (Source: P.A. 86-1158; 86-1431; 86-1475; 87-145; 87-669; | 26 |
| 87-671; 87-895;
87-1189; 88-455.)".
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