Full Text of HB4733 94th General Assembly
HB4733 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4733
Introduced 1/12/2006, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/21-135 |
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35 ILCS 200/21-160 |
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Amends the Property Tax Code concerning tax sales. Requires the county collector to mail a notice of application for judgment and sale by first-class mail (now, registered or certified mail). In a Section concerning the annual tax judgment, sale, redemption, and forfeiture record, provides that the record must be prepared on or before the day on
which application for judgment is to be made (now, at least 5 days before the day on
which application for judgment is to be made). Provides that certain formatting and maintenance requirements apply only to the final record. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB4733 |
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LRB094 16274 BDD 51878 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 |
| Sections 21-135 and 21-160 as follows:
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| (35 ILCS 200/21-135)
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| Sec. 21-135. Mailed notice of application for judgment and | 8 |
| sale. Not less
than 15 days before the date of application for | 9 |
| judgment and sale of delinquent
properties, the county | 10 |
| collector shall mail, by first-class
registered or certified | 11 |
| mail, a
notice of the forthcoming application for judgment and | 12 |
| sale to the person shown
by the current collector's warrant | 13 |
| book to be the party in whose name the taxes
were last assessed | 14 |
| or to the current owner of record and, if applicable, to the | 15 |
| party specified under Section
15-170. The notice shall include | 16 |
| the intended dates of application for judgment
and sale and | 17 |
| commencement of the sale, and a description of the properties. | 18 |
| The
county collector must present proof of the mailing to the | 19 |
| court along with the
application for judgement.
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| In counties with less than 3,000,000 inhabitants, a copy of | 21 |
| this notice shall
also be mailed by the county collector by | 22 |
| registered or certified mail to any
lienholder of record who | 23 |
| annually requests a copy of the notice. The failure of
the | 24 |
| county collector to mail a notice or its non-delivery to the | 25 |
| lienholder
shall not affect the validity of the judgment.
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| In counties with 3,000,000 or more inhabitants, notice | 27 |
| shall not be mailed to
any person when, under Section 14-15, a | 28 |
| certificate of error has been executed
by the county assessor | 29 |
| or by both the
county assessor and board of
appeals (until the | 30 |
| first Monday in December 1998 and the board of
review
beginning
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| the first Monday in December 1998 and thereafter),
except as | 32 |
| provided by court order under Section 21-120.
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HB4733 |
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LRB094 16274 BDD 51878 b |
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| The collector shall collect $10 from the proceeds of each | 2 |
| sale to cover
the costs of registered or certified mailing and | 3 |
| the costs of advertisement
and publication.
If a taxpayer pays | 4 |
| the taxes on the property after the notice of the
forthcoming | 5 |
| application for judgment and sale is mailed but before the sale | 6 |
| is
made, then the collector shall collect $10 from the taxpayer | 7 |
| to cover the costs
of registered or certified mailing and the | 8 |
| costs of advertisement and
publication.
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| (Source: P.A. 93-899, eff. 8-10-04.)
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| (35 ILCS 200/21-160)
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| Sec. 21-160. Annual tax judgment, sale, redemption, and | 12 |
| forfeiture record.
The collector shall transcribe into a | 13 |
| record prepared for that purpose, and
known as the annual tax | 14 |
| judgment, sale, redemption and forfeiture record, the
list of | 15 |
| delinquent properties. On or before the day on
which | 16 |
| application for judgment is to be made, the
The record shall be | 17 |
| made out in numerical order , and contain
all the information | 18 |
| necessary to be recorded , at least 5 days before the day on
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| which application for judgment is to be made .
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| The record shall set forth the name of the owner, if known; | 21 |
| the description
of the property; the year or years for which | 22 |
| the tax or, in counties with
3,000,000 or more inhabitants, the | 23 |
| tax or special assessments is
due; the valuation on which the | 24 |
| tax is extended; the amount of the
consolidated and other taxes | 25 |
| or in counties with 3,000,000 or more inhabitants,
the | 26 |
| consolidated and other taxes and special assessments; the | 27 |
| costs; and the
total amount of charges against the property.
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| The final record shall also be ruled in columns, to show in | 29 |
| counties with 3,000,000
or more inhabitants the withdrawal of | 30 |
| any special assessments from collection
and in all counties to | 31 |
| show the amount paid before entry of judgment; the
amount of | 32 |
| judgment and a column for remarks; the amount paid before sale | 33 |
| and
after entry of judgment; the amount of the sale; amount of | 34 |
| interest or penalty;
amount of cost; amount forfeited to the | 35 |
| State; date of sale; acres or part
sold; name of purchaser; |
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HB4733 |
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| amount of sale and penalty; taxes of succeeding years;
interest | 2 |
| and when paid, interest and cost; total amount of redemption; | 3 |
| date of
redemption; when deed executed; by whom redeemed; and a | 4 |
| column for remarks or
receipt of redemption money.
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| The final record shall be kept in the office of the county | 6 |
| clerk.
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| (Source: P.A. 88-455; 89-126, eff. 7-11-95.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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