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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
|[ Senate Amendment 002 ]|
90_HB0883enr 35 ILCS 200/21-295 Amends the Property Tax Code. Increases the fee each person purchasing property at a sale under the Code pays to the County Collector in counties of 3,000,000 or more inhabitants from $50 to $150, except that if the property is improved with a structure consisting of at least one and not more than 6 dwelling units, the fee is increased to $100. Increases the fee paid for each year that an installment of subsequent taxes, or portion thereof, is paid by the tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record from $80 to $300, except that if the property is improved with a structure consisting of at least one and not more than 6 dwelling units, the fee is increased to $150. LRB9000364KRkb HB0883 Enrolled LRB9000364KRkb 1 AN ACT to amend the Property Tax Code by changing 2 Sections 21-295, 21-310, 21-345, and 21-405. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Property Tax Code is amended by changing 6 Sections 21-295, 21-310, 21-345, and 21-405 as follows: 7 (35 ILCS 200/21-295) 8 Sec. 21-295. Creation of indemnity fund. 9 (a) Each person purchasing any property at a sale under 10 this Code shall pay to the County Collector, prior to the 11 issuance of any certificate of purchase, a fee of $20 for 12 each item purchased in counties of less than 3,000,000 13 inhabitants and $100
$80in counties of 3,000,000 or more 14 inhabitants. In counties of less than 3,000,000 inhabitants, 15 a fee of $20 In all counties, a like sumshall be paid for 16 each year that an installment of subsequent taxes, or portion 17 thereof is paid by the tax purchaser and posted to the tax 18 judgment, sale, redemption and forfeiture record where the 19 underlying certificate of purchase is recorded. In counties 20 of 3,000,000 or more inhabitants, a fee of $100 shall be paid 21 for each installment of subsequent taxes, or portion thereof, 22 paid by the tax purchaser and posted to the tax judgment, 23 sale, redemption, and forfeiture record where the underlying 24 certificate is recorded. The amount paid prior to issuance of 25 the certificate of purchase shall be included in the purchase 26 price of the property in the certificate of purchase and all 27 amounts paid under this subsection shall be included in the 28 amount required to redeem under Section 21-355. 29 (b) Except as otherwise provided in subsection (b) of 30 Section 21-300, all money received under subsection (a) shall 31 be paid by the Collector to the County Treasurer of the HB0883 Enrolled -2- LRB9000364KRkb 1 County in which the land is situated, for the purpose of an 2 indemnity fund. The County Treasurer, as trustee of that 3 fund, shall invest all of that fund, principal and income, in 4 his or her hands from time to time, if not immediately 5 required for payments of indemnities under subsection (a) of 6 Section 21-305, in investments permitted by the Illinois 7 State Board of Investment under Article 22A of the Illinois 8 Pension Code. The county collector shall report annually to 9 the Circuit Court on the condition and income of the fund. 10 The indemnity fund shall be held to satisfy judgments 11 obtained against the County Treasurer, as trustee of the 12 fund. No payment shall be made from the fund, except upon a 13 judgment of the court which ordered the issuance of a tax 14 deed. 15 (Source: P.A. 86-1028; 86-1431; 88-455.) 16 (35 ILCS 200/21-310) 17 Sec. 21-310. Sales in error. 18 (a) When, upon application of the county collector, tax 19 purchaser, or a municipality which owns or has owned the 20 property ordered sold, it appears to the satisfaction of the 21 court which ordered the property sold that any of the 22 following subsections are applicable, the court shall declare 23 the sale to be a sale in error: 24 (1) the property was not subject to taxation, 25 (2) the taxes or special assessments had been paid 26 prior to the sale of the property, 27 (3) there is a double assessment, 28 (4) the description is void for uncertainty, 29 (5) the assessor, chief county assessment officer, 30 board of review, or board of appeals has made an error 31 (other than an error of judgment as to the value of any 32 property), or 33 (6) prior to the tax sale a voluntary or HB0883 Enrolled -3- LRB9000364KRkb 1 involuntary petition has been filed by or against the 2 legal or beneficial owner of the property requesting 3 relief under the provisions of 11 U.S.C. Chapter 7, 11, 4 12 or 13. 5 (b) When, upon application of the tax purchaser or his 6 or her assignee only, it appears to the satisfaction of the 7 court which ordered the property sold that any of the 8 following subsections are applicable, the court shall declare 9 a sale in error, upon petition or application of the tax 10 purchaser filed within one year after the expiration of the 11 period of redemption or any extension thereof: 12 (1) A voluntary or involuntary petition under the 13 provisions of U.S.C. Chapter 7, 11, 12, or 13 has been 14 filed subsequent to the tax sale and within one year 15 after the expiration of the period of redemption or any 16 extension thereof prior to the issuance of the tax deed. 17 (2) The improvements upon the property sold have 18 been substantially destroyed or rendered uninhabitable or 19 otherwise unfit for occupancy subsequent to the tax sale 20 and within one year prior to the expiration of the period 21 of redemption or any extension thereof prior to the22 issuance of the tax deed. 23 (3) There is an interest held by the United States 24 in the property sold which could not be extinguished by 25 the tax deed. 26 (4) The real property contains a hazardous 27 substance, hazardous waste, or underground storage tank 28 that would require cleanup or other removal under any 29 federal, State, or local law, ordinance, or regulation, 30 only if the tax purchaser purchased the property without 31 actual knowledge of the hazardous substance, hazardous 32 waste, or underground storage tank. This paragraph (4) 33 applies only to tax purchases occurring after January 1, 34 1990 and if the tax purchaser or his or her assignee hasHB0883 Enrolled -4- LRB9000364KRkb 1 made application for a sale in error at any time before2 the issuance of a tax deed. 3 (5) The State of Illinois had an interest in the 4 property during the period of redemption or within one 5 year after the expiration of the period of redemption or 6 any extension thereof. 7 (6) That a governmental or municipal corporation 8 acquired title or acquired an interest requiring 9 reimbursement under Section 22-35 during the period of 10 redemption or within one year after the expiration of the 11 period of redemption or any extension thereof. 12 A petition or application for a sale in error nor 13 interest granted under Section 21-315 shall not be denied 14 because the grounds or reason for a sale in error might have 15 been determined prior to the tax sale by a search of public 16 records. 17 If a sale is declared to be a sale in error, the county 18 clerk shall make entry in the tax judgment, sale, redemption 19 and forfeiture record, that the property was erroneously 20 sold, and the county collector shall, on demand of the owner 21 of the certificate of purchase, refund the amount paid, pay 22 any interest and costs as may be ordered under Sections 23 21-315 through 21-335, and cancel the certificate so far as 24 it relates to the property. The county collector shall deduct 25 from the accounts of the appropriate taxing bodies their pro 26 rata amounts paid. 27 (Source: P.A. 88-455; 88-676, eff. 12-14-94.) 28 (35 ILCS 200/21-345) 29 Sec. 21-345. Right of redemption. 30 (a) Property sold under this Code may be redeemed only 31 by those persons having a right of redemption as defined in 32 this Section and only in accordance with this Code. 33 A right to redeem property from any sale under this Code HB0883 Enrolled -5- LRB9000364KRkb 1 shall exist in any owner or person interested in that 2 property, other than an undisclosed beneficiary of an 3 Illinois land trust, whether or not the interest in the 4 property sold is recorded or filed. Any redemption shall be 5 presumed to have been made by or on behalf of the owners and 6 persons interested in the property and shall inure to the 7 benefit of the persons having the legal or equitable title to 8 the property redeemed, subject to the right of the person 9 making the redemption to be reimbursed by the persons 10 benefited. No redemption shall be held invalid by reason of 11 the failure of the person redeeming to have recorded or filed 12 the document evidencing an interest in the property prior to 13 redemption, other than an undisclosed beneficiary of an 14 Illinois land trust. 15 (b) Any person redeeming under this Section at a time 16 subsequent to the filing of a petition under Section 22-30 or 17 21-445, who does not desire to contest the validity of the 18 petition for tax deed, may redeem the property at any time 19 before the expiration of the period of redemption or extended 20 period of redemption without filing a redemption under 21 protest. The county clerk shall enter the redemption as 22 provided in Section 21-230 and shall distribute the 23 redemption money deposited with the clerk to the holder of 24 the certificate of purchase upon surrender of the 25 certificate. 26 (Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028; 27 86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189; 28 88-455.) 29 (35 ILCS 200/21-405) 30 Sec. 21-405. Special assessments withdrawn or forfeited. 31 When property has been forfeited for delinquent general taxes 32 or special assessments, or when more than 60 days have 33 expired without payment or satisfaction of a judgment granted HB0883 Enrolled -6- LRB9000364KRkb 1 in whole or in part under Section 21-175 of this Code, a 2 person desiring to purchase the property shall make 3 application to the county clerk. The application shall be 4 accompanied by a fee of $10 in counties with 3,000,000 or 5 more inhabitants and $5 in counties with less than 3,000,000 6 inhabitants for each item on which application is made. The 7 county clerk shall promptly send notice by registered or 8 certified mail, return receipt requested, to the party in 9 whose name the general taxes were last assessed or paid. The 10 notice shall adequately describe the property, shall state 11 the name and address of the party in whose name the general 12 taxes were last assessed or paid, shall recite that 13 application has been made to purchase the property for 14 forfeited, unpaid taxes or special assessments and that the 15 property will be sold unless redemption or payment is made 16 within 30 days of the mailing of notice. For 30 days after 17 the mailing, the property may be redeemed under Section 18 21-370, or the taxes may be paid. 19 If redemption or payment is not made, the county clerk 20 shall receive from the purchaser the amount due on forfeited 21 special assessments, together with the interest, costs and 22 penalties thereon fixed by law, and shall issue an order to 23 the county collector directing him or her to receive from the 24 purchaser the amount of the forfeited general taxes or unpaid 25 taxes, together with the costs, interest, fees and forfeiture 26 interest provided in Section 21-370. In the order, the county 27 clerk shall recite the amounts received by him or her on 28 account of forfeited special assessments and shall direct the 29 county collector to issue a receipt in the form of a 30 certificate of purchase. Upon presentation of the order of 31 the county clerk, the county collector shall receive the 32 amount due on account of forfeited general taxes, and shall 33 issue a receipt therefor in the form of a certificate of 34 purchase. HB0883 Enrolled -7- LRB9000364KRkb 1 The certificate of purchase shall set forth a description 2 of the property, and the amount paid by the purchaser on 3 account of general taxes and special assessments, and shall 4 be countersigned by the county clerk. When so countersigned, 5 the certificate of purchase shall be evidence of the sale of 6 the property and of the receipt by the county collector of 7 the amounts ordered to be received by him or her by the 8 county clerk on account of general taxes, and evidence of 9 receipt by the county clerk of the amount received by him or 10 her on account of forfeited special assessments. A 11 certificate of purchase shall not be valid until it is 12 countersigned by the county clerk. Upon countersigning the 13 certificate, the county clerk shall make a proper entry of 14 the sale of the property on the appropriate books, and charge 15 the amount of the sale money of forfeited or unpaid general 16 taxes to the collector. 17 Property purchased under this Section shall be subject to 18 redemption, notice, etc., the same as if sold under Section 19 21-110 through 21-120. Any special assessment which has been 20 withdrawn from collection by the municipality levying it 21 shall not be subject to sale, but the purchaser, prior to the 22 entry of any order for the issuance of a tax deed based on a 23 sale under this Section, shall pay to the officer entitled to 24 receive the amount due on all the withdrawn special 25 assessments. The purchaser may file his or her receipts with 26 the county clerk and have them posted on the tax judgment, 27 sale, redemption and forfeiture record at the same rate of 28 penalty and in the same manner as in the case of payment of 29 taxes and special assessments accruing after the sale, as 30 provided in Section 21-355. 31 (Source: P.A. 87-669; 88-455.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.
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