Full Text of SB0874 99th General Assembly
SB0874sam001 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/19/2015
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| 1 | | AMENDMENT TO SENATE BILL 874
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 874 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 21-350, 21-385, 22-5, and 22-40 as follows:
| 6 | | (35 ILCS 200/21-350)
| 7 | | Sec. 21-350. Period of redemption. Property sold under this | 8 | | Code may be
redeemed at any time before the expiration of 2 | 9 | | years from the date of sale,
except that:
| 10 | | (a) If on the date of sale the property is vacant | 11 | | non-farm property or
property containing an improvement | 12 | | consisting of a structure or structures with
7 or more | 13 | | residential units or that is commercial or industrial | 14 | | property, it
may be redeemed at any time before the | 15 | | expiration of 6 months from the date of
sale if the | 16 | | property, at the time of sale, was for each of 2 or more |
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| 1 | | years
delinquent or forfeited for all or part of the | 2 | | general taxes due on the
property.
| 3 | | (b) If on the date of sale the property sold was | 4 | | improved with a
structure consisting of at least one and | 5 | | not more than 6 dwelling units it
may be redeemed at any | 6 | | time on or before the expiration of 2 years and 6
months | 7 | | from the date of sale. If, however, the court that ordered | 8 | | the
property sold, upon the verified petition of the holder | 9 | | of the certificate of
purchase brought within 4 months from | 10 | | the date of sale, finds and declares that
the structure on | 11 | | the property is abandoned, then the court may order that | 12 | | the
property may be redeemed at any time on or before the | 13 | | expiration of 2 years
from the date of sale. Notice of the | 14 | | hearing on a petition to declare the
property abandoned | 15 | | shall be given to the owner or owners of the property and | 16 | | to
the person in whose name the taxes were last assessed, | 17 | | by certified or
registered mail sent to their last known | 18 | | addresses at least 5 days before the
date of the hearing.
| 19 | | (c) If the period of redemption has been extended by | 20 | | the certificate
holder as provided in Section 21-385, the | 21 | | property may be redeemed on or before
the extended | 22 | | redemption date.
| 23 | | If the last day to redeem is a Saturday, Sunday, or | 24 | | holiday, the time to redeem shall automatically be extended to | 25 | | the next day the office of the county clerk is open to the | 26 | | public for business. |
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| 1 | | (Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
| 2 | | 86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189; | 3 | | 88-455.)
| 4 | | (35 ILCS 200/21-385)
| 5 | | Sec. 21-385. Extension of period of redemption. The
| 6 | | purchaser or his or her assignee of property
sold for | 7 | | nonpayment of general taxes or special assessments may extend
| 8 | | the period of redemption at any time before the expiration of | 9 | | the
original period of redemption, or thereafter prior to the | 10 | | expiration of any
extended period of redemption, for a period | 11 | | which will expire not later than 3
years from the date of sale, | 12 | | by filing with the county clerk of
the county in which the | 13 | | property is located a written notice to that
effect describing | 14 | | the property, stating the date of the sale and
specifying the | 15 | | extended period of redemption. If the last day to redeem is a | 16 | | Saturday, Sunday, or holiday, the time to redeem shall | 17 | | automatically be extended to the next day the office of the | 18 | | county clerk is open to the public for business. If prior to | 19 | | the
expiration of the period of redemption or extended period | 20 | | of redemption
a petition for tax deed has been filed under | 21 | | Section
22-30, upon application of the petitioner, the court | 22 | | shall allow the
purchaser or his or her assignee to extend the | 23 | | period of redemption after
expiration of the original period or | 24 | | any extended period of redemption,
provided that any extension | 25 | | allowed will expire not later than 3 years from the
date of |
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| 1 | | sale. If the period of redemption is extended, the purchaser or | 2 | | his or
her assignee must give the notices provided for in | 3 | | Section 22-10 at the
specified times prior to the expiration of | 4 | | the extended period of redemption by
causing a sheriff (or if | 5 | | he or she is disqualified, a coroner) of the county in
which | 6 | | the property, or any part thereof, is located to serve the | 7 | | notices as
provided in Sections 22-15 and 22-20.
The notices | 8 | | may also be served as provided in Sections 22-15 and 22-20 by a
| 9 | | special process server appointed by the court under Section | 10 | | 22-15.
| 11 | | (Source: P.A. 91-209, eff. 1-1-00; 91-554, eff. 8-14-99.)
| 12 | | (35 ILCS 200/22-5)
| 13 | | Sec. 22-5. Notice of sale and redemption rights. In order | 14 | | to be
entitled to a tax deed, within 4 months and 15 days after | 15 | | any
sale held under this Code, the purchaser
or his or her | 16 | | assignee shall deliver to the county clerk a notice
to be given | 17 | | to the party in whose name the taxes are last assessed as
shown | 18 | | by the most recent tax collector's warrant books, in at least | 19 | | 10
point type in the following form completely filled in:
| 20 | | TAKE NOTICE
| 21 | | County of ...............................................
| 22 | | Date Premises Sold ......................................
| 23 | | Certificate No. .........................................
| 24 | | Sold for General Taxes of (year) ........................
| 25 | | Sold for Special Assessment of (Municipality)
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| 1 | | and special assessment number ...........................
| 2 | | Warrant No. ............... Inst. No. .................
| 3 | | THIS PROPERTY HAS BEEN SOLD FOR
| 4 | | DELINQUENT TAXES
| 5 | | Property located at .........................................
| 6 | | Legal Description or Property Index No. .....................
| 7 | | .............................................................
| 8 | | .............................................................
| 9 | | This notice is to advise you that the above property has | 10 | | been
sold for delinquent taxes and that the period of | 11 | | redemption from
the sale will expire on .....................
| 12 | | This notice is also to advise you that a petition will be | 13 | | filed for a
tax deed which will transfer title and the right to | 14 | | possession of this
property if redemption is not made on or | 15 | | before ......................................................
| 16 | | If the last day to redeem is a Saturday, Sunday, or | 17 | | holiday, the time to redeem shall automatically be extended to | 18 | | the next day the office of the county clerk is open to the | 19 | | public for business. | 20 | | At the date of this notice the total amount which you must | 21 | | pay in order
to redeem the above property is ................
| 22 | | YOU ARE URGED TO REDEEM IMMEDIATELY TO
| 23 | | PREVENT LOSS OF PROPERTY
| 24 | | Redemption can be made at any time on or before .... by | 25 | | applying to
the County Clerk of .... County, Illinois at the | 26 | | Office of the County Clerk in
...., Illinois.
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| 1 | | The above amount is subject to increase at 6 month | 2 | | intervals from the
date of sale. Check with the county clerk as | 3 | | to the exact amount you owe
before redeeming. Payment must be | 4 | | made by certified check, cashier's check,
money order, or in | 5 | | cash.
| 6 | | For further information contact the County Clerk
| 7 | | ADDRESS:............................
| 8 | | TELEPHONE:..........................
| 9 | | ...............................
| 10 | | Purchaser or Assignee
| 11 | | Dated (insert date).
| 12 | | Within 10 days after receipt of said notice, the county | 13 | | clerk shall mail
to the addresses supplied by the purchaser or | 14 | | assignee, by registered or
certified mail, copies of said | 15 | | notice to the party in whose name the taxes
are last assessed | 16 | | as shown by the most recent tax collector's warrant books.
The | 17 | | purchaser or assignee shall pay to the clerk postage plus the | 18 | | sum of $10.
The clerk shall write or stamp the date of | 19 | | receiving the notices upon the
copies of the notices, and | 20 | | retain one copy.
| 21 | | The changes to this Section made by this amendatory Act of | 22 | | the 97th General Assembly apply only to tax sales that occur on | 23 | | or after the effective date of this amendatory Act of the 97th | 24 | | General Assembly. |
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| 1 | | (Source: P.A. 97-557, eff. 7-1-12 .)
| 2 | | (35 ILCS 200/22-40)
| 3 | | (Text of Section before amendment by P.A. 98-1162 )
| 4 | | Sec. 22-40. Issuance of deed; possession.
| 5 | | (a) If the redemption period expires
and the property has | 6 | | not been redeemed and all taxes and special assessments
which | 7 | | became due and payable subsequent to the sale have been paid | 8 | | and all
forfeitures and sales which occur subsequent to the | 9 | | sale have been redeemed and
the notices required by law have | 10 | | been given and all advancements of public
funds under the | 11 | | police power made by a city, village or town under Section
| 12 | | 22-35 have been paid and the petitioner has complied with all | 13 | | the provisions of
law entitling him or her to a deed, the court | 14 | | shall so find and shall enter an
order directing the county | 15 | | clerk on the production of the certificate of
purchase and a | 16 | | certified copy of the order, to issue to the purchaser or his | 17 | | or
her assignee a tax deed. The court shall insist on | 18 | | substantial compliance with Section 22-5 and strict compliance | 19 | | with
Section 22-10 through 22-25. If a current or former owner | 20 | | of the property alleges and the court finds that the tax | 21 | | purchaser failed to substantially comply with Section 22-5, | 22 | | then the court shall presume that the owner was prejudiced by | 23 | | the error contained in the notice. Prior to the entry of an | 24 | | order directing the
issuance of a tax deed, the petitioner | 25 | | shall furnish the court with a report of
proceedings of the |
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| 1 | | evidence received on the application for tax deed and the
| 2 | | report of proceedings shall be filed and made a part of the | 3 | | court record.
| 4 | | (b) If taxes for years prior to the year or years sold are | 5 | | or become
delinquent subsequent to the date of sale, the court | 6 | | shall find
that the lien of those delinquent taxes has been or | 7 | | will be merged into the tax
deed grantee's title if the court | 8 | | determines that
the tax deed grantee or any prior holder of the | 9 | | certificate of purchase, or
any
person or entity under common | 10 | | ownership or control with any such grantee or
prior holder of | 11 | | the certificate of purchase, was at no time the holder of any
| 12 | | certificate of purchase for the years sought to be merged.
If | 13 | | delinquent taxes are merged into the tax deed pursuant to this | 14 | | subsection,
the court shall enter an order declaring which | 15 | | specific taxes have been or
will
be merged into the tax deed | 16 | | title and directing the county treasurer and county
clerk to | 17 | | reflect that declaration in the warrant and judgment records;
| 18 | | provided,
that no such order shall be effective until a tax | 19 | | deed has been issued and
timely recorded. Nothing contained in | 20 | | this Section shall relieve any owner
liable for delinquent | 21 | | property taxes under this Code from the payment of the
taxes | 22 | | that have been merged into the title upon issuance of the tax | 23 | | deed.
| 24 | | (c) The county clerk is entitled to a fee of $10 in | 25 | | counties of
3,000,000 or more
inhabitants and $5 in counties | 26 | | with less than 3,000,000 inhabitants for the
issuance of the |
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| 1 | | tax deed. The clerk may not include in a tax deed more than
one | 2 | | property as listed, assessed and sold in one description, | 3 | | except in cases
where several properties are owned by one | 4 | | person.
| 5 | | Upon application the court shall, enter an order to place | 6 | | the tax deed
grantee or the grantee's successor in interest in | 7 | | possession of the property and may enter orders and grant | 8 | | relief as
may be necessary or desirable to maintain the grantee | 9 | | or the grantee's successor in interest in possession.
| 10 | | (d) The court shall retain jurisdiction to enter orders | 11 | | pursuant to
subsections (b) and (c) of this Section. This | 12 | | amendatory Act of the 92nd
General Assembly and this amendatory | 13 | | Act of the 95th General Assembly shall be construed as being | 14 | | declarative of existing law
and not as a new enactment.
| 15 | | (e) The changes to this Section made by this amendatory Act | 16 | | of the 99th General Assembly apply only to tax sales that occur | 17 | | on or after the effective date of this amendatory Act of the | 18 | | 99th General Assembly. | 19 | | (Source: P.A. 95-477, eff. 6-1-08 .)
| 20 | | (Text of Section after amendment by P.A. 98-1162 )
| 21 | | Sec. 22-40. Issuance of deed; possession.
| 22 | | (a) If the redemption period expires
and the property has | 23 | | not been redeemed and all taxes and special assessments
which | 24 | | became due and payable subsequent to the sale have been paid | 25 | | and all
forfeitures and sales which occur subsequent to the |
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| 1 | | sale have been redeemed and
the notices required by law have | 2 | | been given and all advancements of public
funds under the | 3 | | police power made by a county, city, village or town under | 4 | | Section
22-35 have been paid and the petitioner has complied | 5 | | with all the provisions of
law entitling him or her to a deed, | 6 | | the court shall so find and shall enter an
order directing the | 7 | | county clerk on the production of the certificate of
purchase | 8 | | and a certified copy of the order, to issue to the purchaser or | 9 | | his or
her assignee a tax deed. The court shall insist on | 10 | | substantial compliance with Section 22-5 and strict compliance | 11 | | with
Section 22-10 through 22-25. If a current or former owner | 12 | | of the property alleges and the court finds that the tax | 13 | | purchaser failed to substantially comply with Section 22-5, | 14 | | then the court shall presume that the owner was prejudiced by | 15 | | the error contained in the notice. Prior to the entry of an | 16 | | order directing the
issuance of a tax deed, the petitioner | 17 | | shall furnish the court with a report of
proceedings of the | 18 | | evidence received on the application for tax deed and the
| 19 | | report of proceedings shall be filed and made a part of the | 20 | | court record.
| 21 | | (b) If taxes for years prior to the year or years sold are | 22 | | or become
delinquent subsequent to the date of sale, the court | 23 | | shall find
that the lien of those delinquent taxes has been or | 24 | | will be merged into the tax
deed grantee's title if the court | 25 | | determines that
the tax deed grantee or any prior holder of the | 26 | | certificate of purchase, or
any
person or entity under common |
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| 1 | | ownership or control with any such grantee or
prior holder of | 2 | | the certificate of purchase, was at no time the holder of any
| 3 | | certificate of purchase for the years sought to be merged.
If | 4 | | delinquent taxes are merged into the tax deed pursuant to this | 5 | | subsection,
the court shall enter an order declaring which | 6 | | specific taxes have been or
will
be merged into the tax deed | 7 | | title and directing the county treasurer and county
clerk to | 8 | | reflect that declaration in the warrant and judgment records;
| 9 | | provided,
that no such order shall be effective until a tax | 10 | | deed has been issued and
timely recorded. Nothing contained in | 11 | | this Section shall relieve any owner
liable for delinquent | 12 | | property taxes under this Code from the payment of the
taxes | 13 | | that have been merged into the title upon issuance of the tax | 14 | | deed.
| 15 | | (c) The county clerk is entitled to a fee of $10 in | 16 | | counties of
3,000,000 or more
inhabitants and $5 in counties | 17 | | with less than 3,000,000 inhabitants for the
issuance of the | 18 | | tax deed. The clerk may not include in a tax deed more than
one | 19 | | property as listed, assessed and sold in one description, | 20 | | except in cases
where several properties are owned by one | 21 | | person.
| 22 | | Upon application the court shall, enter an order to place | 23 | | the tax deed
grantee or the grantee's successor in interest in | 24 | | possession of the property and may enter orders and grant | 25 | | relief as
may be necessary or desirable to maintain the grantee | 26 | | or the grantee's successor in interest in possession.
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| 1 | | (d) The court shall retain jurisdiction to enter orders | 2 | | pursuant to
subsections (b) and (c) of this Section. This | 3 | | amendatory Act of the 92nd
General Assembly and this amendatory | 4 | | Act of the 95th General Assembly shall be construed as being | 5 | | declarative of existing law
and not as a new enactment.
| 6 | | (e) The changes to this Section made by this amendatory Act | 7 | | of the 99th General Assembly apply only to tax sales that occur | 8 | | on or after the effective date of this amendatory Act of the | 9 | | 99th General Assembly. | 10 | | (Source: P.A. 98-1162, eff. 6-1-15.)
| 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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