Full Text of HB0212 96th General Assembly
HB0212 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0212
Introduced 1/20/2009, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. In a Section concerning deposits for redemption, provides that the deposit shall include, if a petition for tax deed has been filed, all fees paid to a registered title insurance company or title insurance agent for a title search.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0212 |
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LRB096 01971 HLH 11981 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Section 21-355 as follows:
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| (35 ILCS 200/21-355)
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| Sec. 21-355. Amount of redemption. Any person desiring to | 8 |
| redeem shall
deposit an amount specified in this Section with | 9 |
| the county clerk of the
county in which the property is | 10 |
| situated,
in legal money of the United States, or by cashier's | 11 |
| check, certified check,
post office money order or money order | 12 |
| issued by a financial institution
insured by an agency or | 13 |
| instrumentality of the United States, payable to the
county | 14 |
| clerk of the proper county. The deposit shall be deemed timely | 15 |
| only
if actually received in person at the county clerk's | 16 |
| office prior to the close
of business as defined in Section | 17 |
| 3-2007 of the Counties Code on or before the
expiration of the | 18 |
| period of redemption or by United
States mail with a post | 19 |
| office cancellation mark dated not less than one day
prior to | 20 |
| the expiration of the period of redemption. The deposit shall
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| be
in an amount equal to the total of the
following:
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| (a) the certificate amount, which shall include all tax | 23 |
| principal,
special assessments, interest and penalties |
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HB0212 |
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LRB096 01971 HLH 11981 b |
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| paid by the tax purchaser together
with costs and fees of | 2 |
| sale and fees paid under Sections 21-295 and 21-315
through | 3 |
| 21-335;
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| (b) the accrued penalty, computed through the date of | 5 |
| redemption as a
percentage of the certificate amount, as | 6 |
| follows:
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| (1) if the redemption occurs on or before the | 8 |
| expiration of 6 months
from the date of sale, the | 9 |
| certificate amount times the penalty bid at sale;
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| (2) if the redemption occurs after 6 months from | 11 |
| the date of sale,
and on or before the expiration of 12 | 12 |
| months from the date of sale, the
certificate amount | 13 |
| times 2 times the penalty bid at sale;
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| (3) if the redemption occurs after 12 months from | 15 |
| the date of sale
and on or before the expiration of 18 | 16 |
| months from the date of sale, the
certificate amount | 17 |
| times 3 times the penalty bid at sale;
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| (4) if the redemption occurs after 18 months from | 19 |
| the date
of sale and on or before the expiration of 24 | 20 |
| months from the date of sale,
the certificate amount | 21 |
| times 4 times the penalty bid at sale;
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| (5) if the redemption occurs after 24 months from | 23 |
| the date of sale
and on or before the expiration of 30 | 24 |
| months from the date of sale, the
certificate amount | 25 |
| times 5 times the penalty bid at sale;
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| (6) if the redemption occurs after 30 months from |
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HB0212 |
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LRB096 01971 HLH 11981 b |
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| the date of sale
and on or before the expiration of 36 | 2 |
| months from the date of sale, the
certificate amount | 3 |
| times 6 times the penalty bid at sale.
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| In the event that the property to be redeemed has | 5 |
| been purchased
under Section 21-405, the penalty bid | 6 |
| shall be 12% per penalty
period as set forth in | 7 |
| subparagraphs (1) through (6) of this subsection (b).
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| The changes to this subdivision (b)(6) made by this | 9 |
| amendatory Act of the
91st General Assembly are not a | 10 |
| new enactment, but declaratory of existing
law.
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| (c) The total of all taxes, special assessments, | 12 |
| accrued interest on those
taxes and special assessments and | 13 |
| costs charged in connection with the payment
of those taxes | 14 |
| or special assessments, which have been paid by the tax
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| certificate holder on or after the date those taxes or | 16 |
| special assessments
became delinquent together with 12% | 17 |
| penalty on each amount so paid for each
year or portion | 18 |
| thereof intervening between the date of that payment and | 19 |
| the
date of redemption.
In counties with less than | 20 |
| 3,000,000 inhabitants, however, a tax certificate
holder | 21 |
| may not pay
all or part of an installment of a subsequent | 22 |
| tax or special assessment for any
year, nor shall any
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| tender of such a payment be accepted, until after the | 24 |
| second or final
installment
of the subsequent tax or | 25 |
| special assessment has become delinquent
or until after the
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| holder of the certificate of purchase has filed a petition |
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HB0212 |
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LRB096 01971 HLH 11981 b |
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| for a tax deed under
Section 22.30.
The person
redeeming | 2 |
| shall also pay the amount of interest charged on the | 3 |
| subsequent tax
or special assessment and paid as a penalty | 4 |
| by the tax certificate holder.
This amendatory Act of
1995 | 5 |
| applies to tax years beginning with the 1995 taxes, payable | 6 |
| in 1996, and
thereafter.
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| (d) Any amount paid to redeem a forfeiture occurring | 8 |
| subsequent to the
tax sale together with 12% penalty | 9 |
| thereon for each year or portion thereof
intervening | 10 |
| between the date of the forfeiture redemption and the date | 11 |
| of
redemption from the sale.
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| (e) Any amount paid by the certificate holder for | 13 |
| redemption of a
subsequently occurring tax sale.
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| (f) All fees paid to the county clerk under Section | 15 |
| 22-5.
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| (g) All fees paid to the registrar of titles incident | 17 |
| to registering
the tax certificate in compliance with the | 18 |
| Registered Titles (Torrens) Act.
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| (h) All fees paid to the circuit clerk and the sheriff, | 20 |
| a licensed or registered private detective, or the
coroner | 21 |
| in connection with the filing of the petition for tax deed | 22 |
| and
service of notices under Sections 22-15 through 22-30 | 23 |
| and 22-40 in addition to
(1) a fee of $35 if a petition for | 24 |
| tax deed has been filed, which fee shall
be posted to the | 25 |
| tax judgement, sale, redemption, and forfeiture record, to | 26 |
| be
paid to the purchaser or his or her assignee; (2) a fee |
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LRB096 01971 HLH 11981 b |
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| of $4 if a notice under
Section 22-5 has been filed, which | 2 |
| fee shall be posted
to the tax judgment, sale, redemption, | 3 |
| and forfeiture record, to be paid to
the purchaser or his | 4 |
| or her assignee; and (3) all costs paid to record a
lis | 5 |
| pendens notice in connection with filing a petition under | 6 |
| this Code ; and (4) if a petition for tax deed has been | 7 |
| filed, all fees paid to a registered or licensed title | 8 |
| insurance company or title insurance agent for a title | 9 |
| search to identify all owners, parties interested, and | 10 |
| occupants of the property, to be paid to the purchaser or | 11 |
| his or her assignee .
The fees in (1) and (2) of this | 12 |
| paragraph (h) shall be exempt from the posting
requirements | 13 |
| of Section 21-360. The costs incurred in causing notices to | 14 |
| be served by a licensed or registered private detective | 15 |
| under Section 22-15, may not exceed the amount that the | 16 |
| sheriff would be authorized by law to charge if those | 17 |
| notices had been served by the sheriff.
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| (i) All fees paid for publication of notice of the tax | 19 |
| sale in
accordance with Section 22-20.
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| (j) All sums paid to any city, village or incorporated | 21 |
| town for
reimbursement under Section 22-35.
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| (k) All costs and expenses of receivership under | 23 |
| Section 21-410, to the
extent that these costs and expenses | 24 |
| exceed any income from the property in
question, if the | 25 |
| costs and expenditures have been approved by the court
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| appointing the receiver and a certified copy of the order |
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LRB096 01971 HLH 11981 b |
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| or approval is filed
and posted by the certificate holder | 2 |
| with the county clerk. Only actual costs
expended may be | 3 |
| posted on the tax judgment, sale, redemption and forfeiture
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| record.
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| (Source: P.A. 95-195, eff. 1-1-08.)
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