Full Text of HB0154 100th General Assembly
HB0154ham001 100TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/29/2017
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| 1 | | AMENDMENT TO HOUSE BILL 154
| 2 | | AMENDMENT NO. ______. Amend House Bill 154 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 21-135 and 21-150 as follows:
| 6 | | (35 ILCS 200/21-135)
| 7 | | Sec. 21-135. Mailed notice of application for judgment and | 8 | | sale. The Not less
than 15 days before the date of application | 9 | | for judgment and sale of delinquent
properties, the county | 10 | | collector shall mail, by registered or certified mail, a
notice | 11 | | of the forthcoming application for judgment and sale to the | 12 | | person shown
by the current collector's warrant book to be the | 13 | | party in whose name the taxes
were last assessed or to the | 14 | | current owner of record and, if applicable, to the party | 15 | | specified under Section
15-170. For delinquencies occurring | 16 | | prior to tax year 2015, the notice shall be mailed not less |
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| 1 | | than 15 days before the application for judgment and sale. For | 2 | | delinquencies occurring in tax year 2015 or thereafter, 3 | 3 | | separate notices shall be mailed to each person who is entitled | 4 | | to notice under this Section: one notice shall be mailed not | 5 | | less than 6 months prior to the application for judgment and | 6 | | sale; one notice shall be mailed not less than 3 months but not | 7 | | more than 6 months prior to the application for judgment and | 8 | | sale; and one notice shall be mailed not less than one month | 9 | | but not more than 3 months prior to the application for | 10 | | judgment and sale. The notices notice shall include the | 11 | | intended dates of application for judgment
and sale and | 12 | | commencement of the sale, and a description of the properties. | 13 | | The
county collector must present proof of the mailing to the | 14 | | court along with the
application for judgement.
| 15 | | In counties with less than 3,000,000 inhabitants, a copy of | 16 | | each this notice shall
also be mailed by the county collector | 17 | | by registered or certified mail to any
lienholder of record who | 18 | | annually requests a copy of the notice. The failure of
the | 19 | | county collector to mail a notice or its non-delivery to the | 20 | | lienholder
shall not affect the validity of the judgment.
| 21 | | In counties with 3,000,000 or more inhabitants, notice | 22 | | shall not be mailed to
any person when, under Section 14-15, a | 23 | | certificate of error has been executed
by the county assessor | 24 | | or by both the
county assessor and board of
appeals (until the | 25 | | first Monday in December 1998 and the board of
review
beginning
| 26 | | the first Monday in December 1998 and thereafter),
except as |
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| 1 | | provided by court order under Section 21-120.
| 2 | | The collector shall collect $10 from the proceeds of each | 3 | | sale to cover
the costs of registered or certified mailing and | 4 | | the costs of advertisement
and publication.
If a taxpayer pays | 5 | | the taxes on the property after the notice of the
forthcoming | 6 | | application for judgment and sale is mailed but before the sale | 7 | | is
made, then the collector shall collect $10 from the taxpayer | 8 | | to cover the costs
of registered or certified mailing and the | 9 | | costs of advertisement and
publication.
| 10 | | (Source: P.A. 93-899, eff. 8-10-04.)
| 11 | | (35 ILCS 200/21-150)
| 12 | | Sec. 21-150. Time of applying for judgment. Except as | 13 | | otherwise provided in
this Section or by ordinance or | 14 | | resolution enacted under subsection (c) of
Section 21-40, in | 15 | | any county with fewer than 3,000,000 inhabitants, all | 16 | | applications for judgment and order of sale for taxes and
| 17 | | special assessments on delinquent properties shall be made | 18 | | within 90 days after the second installment due date. In Cook | 19 | | County, all applications for judgment and order of sale for | 20 | | taxes and special assessments on delinquent properties shall be | 21 | | made (i) by July 1, 2011 for tax year 2009, (ii) by July 1, 2012 | 22 | | for tax year 2010, (iii) by July 1, 2013 for tax year 2011, | 23 | | (iv) by July 1, 2014 for tax year 2012, (v) by July 1, 2015 for | 24 | | tax year 2013, (vi) by May 1, 2016 for tax year 2014, (vii) by | 25 | | September 1, 2018 March 1, 2017 for tax year 2015, and (viii) |
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| 1 | | within 18 months 90 days after the second installment due date | 2 | | for tax year 2016 and each tax year thereafter. In those | 3 | | counties which have adopted an ordinance under Section
21-40, | 4 | | the application for judgment and order of sale for delinquent | 5 | | taxes
shall be made in December. In the 10 years next following | 6 | | the completion of
a general reassessment of property in any | 7 | | county with 3,000,000 or more
inhabitants, made under an order | 8 | | of the Department, applications for judgment
and order of sale | 9 | | shall be made as soon as may be and on the day specified in
the | 10 | | advertisement required by Section 21-110 and 21-115. If for any | 11 | | cause the
court is not held on the day specified, the cause | 12 | | shall stand continued, and it
shall be unnecessary to | 13 | | re-advertise the list or notice.
| 14 | | Within 30 days after the day specified for the application | 15 | | for judgment the
court shall hear and determine the matter. If | 16 | | judgment is rendered, the sale
shall begin on the date within 5 | 17 | | business days specified in the notice as
provided in Section | 18 | | 21-115. If the collector is prevented from advertising and
| 19 | | obtaining judgment within the time periods specified by this | 20 | | Section, the collector may obtain
judgment at any time | 21 | | thereafter; but if the failure arises by the county
collector's | 22 | | not complying with any of the requirements of this Code, he or | 23 | | she
shall be held on his or her official bond for the full | 24 | | amount of all taxes and
special assessments charged against him | 25 | | or her. Any failure on the part of the
county collector shall | 26 | | not be allowed as a valid objection to the collection of
any |
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| 1 | | tax or assessment, or to entry of a judgment against any | 2 | | delinquent
properties included in the application of the county | 3 | | collector.
| 4 | | (Source: P.A. 97-637, eff. 12-16-11; 98-1101, eff. 8-26-14.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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