Full Text of HB0376 096th General Assembly
HB0376 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0376
Introduced 1/30/2009, by Rep. Arthur L. Turner SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. In a Section concerning interest paid on refunds for sales in error, provides that the interest shall not exceed the full amount of delinquent taxes, general taxes, special taxes, special assessments, interest, penalties, and costs as are included in the judgment and order of sale. Provides that the interest shall be simple interest calculated based on the principal amount of the refund. Effective immediately.
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A BILL FOR
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HB0376 |
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LRB096 02883 HLH 12897 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 21-315 as follows:
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| (35 ILCS 200/21-315)
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| Sec. 21-315. Refund of costs; interest on refund.
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| (a) If a sale in
error under Section 21-310, 22-35, or | 9 |
| 22-50
is declared, the amount refunded
shall also include all | 10 |
| costs paid by the owner of the
certificate of
purchase or his | 11 |
| or her assignor which were posted to the tax judgment, sale,
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| redemption and forfeiture record.
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| (b) In those cases which arise solely under grounds set | 14 |
| forth in Section
21-310, the amount refunded shall also include
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| interest
on the refund of the amount paid
for the certificate | 16 |
| of purchase, except as otherwise provided in this Section.
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| Interest shall be awarded and paid to the tax purchaser at the | 18 |
| rate of 1% per
month from the date of sale to the date of | 19 |
| payment, or in an amount equivalent
to the penalty interest | 20 |
| which would be recovered on a redemption at the time of
payment | 21 |
| pursuant to the order for sale in error, whichever is less. | 22 |
| Interest paid under this Section shall not exceed the full | 23 |
| amount of delinquent taxes, general taxes, special taxes, |
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HB0376 |
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LRB096 02883 HLH 12897 b |
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| special assessments, interest, penalties, and costs as are | 2 |
| included in the judgment and order of sale pursuant to Section | 3 |
| 21-260. Interest
shall not be paid when the sale in error is | 4 |
| made pursuant to paragraph (2) or
(4) of
subsection (b) of | 5 |
| Section 21-310, Section 22-35, Section 22-50, any ground
not | 6 |
| enumerated in Section 21-310, or in any other case where the | 7 |
| court
determines that the
tax purchaser had actual knowledge | 8 |
| prior to the sale of the grounds on which
the sale is declared | 9 |
| to be erroneous. Any interest calculated pursuant to this | 10 |
| Section shall be simple interest calculated based only on the | 11 |
| principal amount of the refund.
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| (c) When the county collector files a petition for sale in | 13 |
| error under
Section 21-310 and mails a notice thereof by
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| certified or registered mail to the
last known owner of the | 15 |
| certificate of purchase, any interest otherwise
payable under | 16 |
| this Section shall cease to accrue as of the date the
petition | 17 |
| is filed, unless the tax purchaser agrees to an order for sale | 18 |
| in
error upon the presentation of the petition to the court. | 19 |
| Notices under
this subsection may be mailed to the last known | 20 |
| owner of the
certificate of
purchase. When the
owner of the | 21 |
| certificate of purchase contests the collector's petition
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| solely to determine whether the grounds for sale in error are | 23 |
| such as to
support a claim for interest, the court may direct | 24 |
| that the principal
amount of the refund be paid to the owner of | 25 |
| the certificate of purchase
forthwith. If the court thereafter | 26 |
| determines that a claim for interest
lies under this Section, |
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HB0376 |
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LRB096 02883 HLH 12897 b |
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| it shall award such interest from the date of sale
to the date | 2 |
| the principal amount was paid. If the owner of the certificate | 3 |
| of purchase files an objection to the county collector's | 4 |
| intention to declare an administrative sale in error, as | 5 |
| provided under subsection (c) of Section 21-310, and, | 6 |
| thereafter, the county collector elects to apply to the circuit | 7 |
| court for a sale in error under subsection (a) of Section | 8 |
| 21-310, then, if the circuit court grants the county | 9 |
| collector's application for a sale in error, the court may not | 10 |
| award interest to the owner of the certificate of purchase for | 11 |
| the period after the mailing date of the county collector's | 12 |
| notice of intention to declare an administrative sale in error.
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| (Source: P.A. 94-662, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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