Full Text of HB1381 099th General Assembly
HB1381 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1381 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. In a Section concerning redemption payment amounts, provides that the fee imposed if a notice of sale and redemption rights has been filed shall be increased from $4 to $10. Provides that the redemption payment shall include fees paid by the certificate holder to the circuit clerk in connection with the filing of a Motion for Declaration of Sale in Error.
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| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 21-355 as follows:
| 6 | | (35 ILCS 200/21-355)
| 7 | | (Text of Section before amendment by P.A. 98-1162 )
| 8 | | Sec. 21-355. Amount of redemption. Any person desiring to | 9 | | redeem shall
deposit an amount specified in this Section with | 10 | | the county clerk of the
county in which the property is | 11 | | situated,
in legal money of the United States, or by cashier's | 12 | | check, certified check,
post office money order or money order | 13 | | issued by a financial institution
insured by an agency or | 14 | | instrumentality of the United States, payable to the
county | 15 | | clerk of the proper county. The deposit shall be deemed timely | 16 | | only
if actually received in person at the county clerk's | 17 | | office prior to the close
of business as defined in Section | 18 | | 3-2007 of the Counties Code on or before the
expiration of the | 19 | | period of redemption or by United
States mail with a post | 20 | | office cancellation mark dated not less than one day
prior to | 21 | | the expiration of the period of redemption. The deposit shall
| 22 | | be
in an amount equal to the total of the
following:
| 23 | | (a) the certificate amount, which shall include all tax |
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| 1 | | principal,
special assessments, interest and penalties | 2 | | paid by the tax purchaser together
with costs and fees of | 3 | | sale and fees paid under Sections 21-295 and 21-315
through | 4 | | 21-335;
| 5 | | (b) the accrued penalty, computed through the date of | 6 | | redemption as a
percentage of the certificate amount, as | 7 | | follows:
| 8 | | (1) if the redemption occurs on or before the | 9 | | expiration of 6 months
from the date of sale, the | 10 | | certificate amount times the penalty bid at sale;
| 11 | | (2) if the redemption occurs after 6 months from | 12 | | the date of sale,
and on or before the expiration of 12 | 13 | | months from the date of sale, the
certificate amount | 14 | | times 2 times the penalty bid at sale;
| 15 | | (3) if the redemption occurs after 12 months from | 16 | | the date of sale
and on or before the expiration of 18 | 17 | | months from the date of sale, the
certificate amount | 18 | | times 3 times the penalty bid at sale;
| 19 | | (4) if the redemption occurs after 18 months from | 20 | | the date
of sale and on or before the expiration of 24 | 21 | | months from the date of sale,
the certificate amount | 22 | | times 4 times the penalty bid at sale;
| 23 | | (5) if the redemption occurs after 24 months from | 24 | | the date of sale
and on or before the expiration of 30 | 25 | | months from the date of sale, the
certificate amount | 26 | | times 5 times the penalty bid at sale;
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| 1 | | (6) if the redemption occurs after 30 months from | 2 | | the date of sale
and on or before the expiration of 36 | 3 | | months from the date of sale, the
certificate amount | 4 | | times 6 times the penalty bid at sale.
| 5 | | In the event that the property to be redeemed has | 6 | | been purchased
under Section 21-405, the penalty bid | 7 | | shall be 12% per penalty
period as set forth in | 8 | | subparagraphs (1) through (6) of this subsection (b).
| 9 | | The changes to this subdivision (b)(6) made by this | 10 | | amendatory Act of the
91st General Assembly are not a | 11 | | new enactment, but declaratory of existing
law.
| 12 | | (c) The total of all taxes, special assessments, | 13 | | accrued interest on those
taxes and special assessments and | 14 | | costs charged in connection with the payment
of those taxes | 15 | | or special assessments, which have been paid by the tax
| 16 | | certificate holder on or after the date those taxes or | 17 | | special assessments
became delinquent together with 12% | 18 | | penalty on each amount so paid for each
year or portion | 19 | | thereof intervening between the date of that payment and | 20 | | the
date of redemption.
In counties with less than | 21 | | 3,000,000 inhabitants, however, a tax certificate
holder | 22 | | may not pay
all or part of an installment of a subsequent | 23 | | tax or special assessment for any
year, nor shall any
| 24 | | tender of such a payment be accepted, until after the | 25 | | second or final
installment
of the subsequent tax or | 26 | | special assessment has become delinquent
or until after the
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| 1 | | holder of the certificate of purchase has filed a petition | 2 | | for a tax deed under
Section 22.30.
The person
redeeming | 3 | | shall also pay the amount of interest charged on the | 4 | | subsequent tax
or special assessment and paid as a penalty | 5 | | by the tax certificate holder.
This amendatory Act of
1995 | 6 | | applies to tax years beginning with the 1995 taxes, payable | 7 | | in 1996, and
thereafter.
| 8 | | (d) Any amount paid to redeem a forfeiture occurring | 9 | | subsequent to the
tax sale together with 12% penalty | 10 | | thereon for each year or portion thereof
intervening | 11 | | between the date of the forfeiture redemption and the date | 12 | | of
redemption from the sale.
| 13 | | (e) Any amount paid by the certificate holder for | 14 | | redemption of a
subsequently occurring tax sale.
| 15 | | (f) All fees paid to the county clerk under Section | 16 | | 22-5.
| 17 | | (g) All fees paid to the registrar of titles incident | 18 | | to registering
the tax certificate in compliance with the | 19 | | Registered Titles (Torrens) Act.
| 20 | | (h) All fees paid to the circuit clerk and the sheriff, | 21 | | a licensed or registered private detective, or the
coroner | 22 | | in connection with the filing of the petition for tax deed | 23 | | and
service of notices under Sections 22-15 through 22-30 | 24 | | and 22-40 in addition to
(1) a fee of $35 if a petition for | 25 | | tax deed has been filed, which fee shall
be posted to the | 26 | | tax judgement, sale, redemption, and forfeiture record, to |
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| 1 | | be
paid to the purchaser or his or her assignee; (2) a fee | 2 | | of $10 $4 if a notice under
Section 22-5 has been filed, | 3 | | which fee shall be posted
to the tax judgment, sale, | 4 | | redemption, and forfeiture record, to be paid to
the | 5 | | purchaser or his or her assignee; (3) all costs paid to | 6 | | record a
lis pendens notice in connection with filing a | 7 | | petition under this Code; and (4) if a petition for tax | 8 | | deed has been filed, all fees up to $150 per redemption | 9 | | paid to a registered or licensed title insurance company or | 10 | | title insurance agent for a title search to identify all | 11 | | owners, parties interested, and occupants of the property, | 12 | | to be paid to the purchaser or his or her assignee.
The | 13 | | fees in (1) and (2) of this paragraph (h) shall be exempt | 14 | | from the posting
requirements of Section 21-360. The costs | 15 | | incurred in causing notices to be served by a licensed or | 16 | | registered private detective under Section 22-15, may not | 17 | | exceed the amount that the sheriff would be authorized by | 18 | | law to charge if those notices had been served by the | 19 | | sheriff.
| 20 | | (i) All fees paid for publication of notice of the tax | 21 | | sale in
accordance with Section 22-20.
| 22 | | (j) All sums paid to any city, village or incorporated | 23 | | town for
reimbursement under Section 22-35.
| 24 | | (k) All costs and expenses of receivership under | 25 | | Section 21-410, to the
extent that these costs and expenses | 26 | | exceed any income from the property in
question, if the |
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| 1 | | costs and expenditures have been approved by the court
| 2 | | appointing the receiver and a certified copy of the order | 3 | | or approval is filed
and posted by the certificate holder | 4 | | with the county clerk. Only actual costs
expended may be | 5 | | posted on the tax judgment, sale, redemption and forfeiture
| 6 | | record.
| 7 | | (l) All fees paid by the certificate holder to the | 8 | | circuit clerk in connection with the filing of a Motion for | 9 | | Declaration of Sale in Error under Section 21-310. | 10 | | (Source: P.A. 95-195, eff. 1-1-08; 96-231, eff. 1-1-10; | 11 | | 96-1067, eff. 1-1-11.)
| 12 | | (Text of Section after amendment by P.A. 98-1162 )
| 13 | | Sec. 21-355. Amount of redemption. Any person desiring to | 14 | | redeem shall
deposit an amount specified in this Section with | 15 | | the county clerk of the
county in which the property is | 16 | | situated,
in legal money of the United States, or by cashier's | 17 | | check, certified check,
post office money order or money order | 18 | | issued by a financial institution
insured by an agency or | 19 | | instrumentality of the United States, payable to the
county | 20 | | clerk of the proper county. The deposit shall be deemed timely | 21 | | only
if actually received in person at the county clerk's | 22 | | office prior to the close
of business as defined in Section | 23 | | 3-2007 of the Counties Code on or before the
expiration of the | 24 | | period of redemption or by United
States mail with a post | 25 | | office cancellation mark dated not less than one day
prior to |
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| 1 | | the expiration of the period of redemption. The deposit shall
| 2 | | be
in an amount equal to the total of the
following:
| 3 | | (a) the certificate amount, which shall include all tax | 4 | | principal,
special assessments, interest and penalties | 5 | | paid by the tax purchaser together
with costs and fees of | 6 | | sale and fees paid under Sections 21-295 and 21-315
through | 7 | | 21-335;
| 8 | | (b) the accrued penalty, computed through the date of | 9 | | redemption as a
percentage of the certificate amount, as | 10 | | follows:
| 11 | | (1) if the redemption occurs on or before the | 12 | | expiration of 6 months
from the date of sale, the | 13 | | certificate amount times the penalty bid at sale;
| 14 | | (2) if the redemption occurs after 6 months from | 15 | | the date of sale,
and on or before the expiration of 12 | 16 | | months from the date of sale, the
certificate amount | 17 | | times 2 times the penalty bid at sale;
| 18 | | (3) if the redemption occurs after 12 months from | 19 | | the date of sale
and on or before the expiration of 18 | 20 | | months from the date of sale, the
certificate amount | 21 | | times 3 times the penalty bid at sale;
| 22 | | (4) if the redemption occurs after 18 months from | 23 | | the date
of sale and on or before the expiration of 24 | 24 | | months from the date of sale,
the certificate amount | 25 | | times 4 times the penalty bid at sale;
| 26 | | (5) if the redemption occurs after 24 months from |
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| 1 | | the date of sale
and on or before the expiration of 30 | 2 | | months from the date of sale, the
certificate amount | 3 | | times 5 times the penalty bid at sale;
| 4 | | (6) if the redemption occurs after 30 months from | 5 | | the date of sale
and on or before the expiration of 36 | 6 | | months from the date of sale, the
certificate amount | 7 | | times 6 times the penalty bid at sale.
| 8 | | In the event that the property to be redeemed has | 9 | | been purchased
under Section 21-405, the penalty bid | 10 | | shall be 12% per penalty
period as set forth in | 11 | | subparagraphs (1) through (6) of this subsection (b).
| 12 | | The changes to this subdivision (b)(6) made by this | 13 | | amendatory Act of the
91st General Assembly are not a | 14 | | new enactment, but declaratory of existing
law.
| 15 | | (c) The total of all taxes, special assessments, | 16 | | accrued interest on those
taxes and special assessments and | 17 | | costs charged in connection with the payment
of those taxes | 18 | | or special assessments, which have been paid by the tax
| 19 | | certificate holder on or after the date those taxes or | 20 | | special assessments
became delinquent together with 12% | 21 | | penalty on each amount so paid for each
year or portion | 22 | | thereof intervening between the date of that payment and | 23 | | the
date of redemption.
In counties with less than | 24 | | 3,000,000 inhabitants, however, a tax certificate
holder | 25 | | may not pay
all or part of an installment of a subsequent | 26 | | tax or special assessment for any
year, nor shall any
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| 1 | | tender of such a payment be accepted, until after the | 2 | | second or final
installment
of the subsequent tax or | 3 | | special assessment has become delinquent
or until after the
| 4 | | holder of the certificate of purchase has filed a petition | 5 | | for a tax deed under
Section 22.30.
The person
redeeming | 6 | | shall also pay the amount of interest charged on the | 7 | | subsequent tax
or special assessment and paid as a penalty | 8 | | by the tax certificate holder.
This amendatory Act of
1995 | 9 | | applies to tax years beginning with the 1995 taxes, payable | 10 | | in 1996, and
thereafter.
| 11 | | (d) Any amount paid to redeem a forfeiture occurring | 12 | | subsequent to the
tax sale together with 12% penalty | 13 | | thereon for each year or portion thereof
intervening | 14 | | between the date of the forfeiture redemption and the date | 15 | | of
redemption from the sale.
| 16 | | (e) Any amount paid by the certificate holder for | 17 | | redemption of a
subsequently occurring tax sale.
| 18 | | (f) All fees paid to the county clerk under Section | 19 | | 22-5.
| 20 | | (g) All fees paid to the registrar of titles incident | 21 | | to registering
the tax certificate in compliance with the | 22 | | Registered Titles (Torrens) Act.
| 23 | | (h) All fees paid to the circuit clerk and the sheriff, | 24 | | a licensed or registered private detective, or the
coroner | 25 | | in connection with the filing of the petition for tax deed | 26 | | and
service of notices under Sections 22-15 through 22-30 |
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| 1 | | and 22-40 in addition to
(1) a fee of $35 if a petition for | 2 | | tax deed has been filed, which fee shall
be posted to the | 3 | | tax judgement, sale, redemption, and forfeiture record, to | 4 | | be
paid to the purchaser or his or her assignee; (2) a fee | 5 | | of $10 $4 if a notice under
Section 22-5 has been filed, | 6 | | which fee shall be posted
to the tax judgment, sale, | 7 | | redemption, and forfeiture record, to be paid to
the | 8 | | purchaser or his or her assignee; (3) all costs paid to | 9 | | record a
lis pendens notice in connection with filing a | 10 | | petition under this Code; and (4) if a petition for tax | 11 | | deed has been filed, all fees up to $150 per redemption | 12 | | paid to a registered or licensed title insurance company or | 13 | | title insurance agent for a title search to identify all | 14 | | owners, parties interested, and occupants of the property, | 15 | | to be paid to the purchaser or his or her assignee.
The | 16 | | fees in (1) and (2) of this paragraph (h) shall be exempt | 17 | | from the posting
requirements of Section 21-360. The costs | 18 | | incurred in causing notices to be served by a licensed or | 19 | | registered private detective under Section 22-15, may not | 20 | | exceed the amount that the sheriff would be authorized by | 21 | | law to charge if those notices had been served by the | 22 | | sheriff.
| 23 | | (i) All fees paid for publication of notice of the tax | 24 | | sale in
accordance with Section 22-20.
| 25 | | (j) All sums paid to any county, city, village or | 26 | | incorporated town for
reimbursement under Section 22-35.
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| 1 | | (k) All costs and expenses of receivership under | 2 | | Section 21-410, to the
extent that these costs and expenses | 3 | | exceed any income from the property in
question, if the | 4 | | costs and expenditures have been approved by the court
| 5 | | appointing the receiver and a certified copy of the order | 6 | | or approval is filed
and posted by the certificate holder | 7 | | with the county clerk. Only actual costs
expended may be | 8 | | posted on the tax judgment, sale, redemption and forfeiture
| 9 | | record.
| 10 | | (l) All fees paid by the certificate holder to the | 11 | | circuit clerk in connection with the filing of a Motion for | 12 | | Declaration of Sale in Error under Section 21-310. | 13 | | (Source: P.A. 98-1162, eff. 6-1-15.)
| 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act.
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