91st General Assembly
Status of SB1693
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TROTTER-HENDON-RONEN,C.

(HAMOS-SCHOENBERG-DAVIS,MONIQUE)

   35 ILCS 200/21-310                                                          

        Amends the Property Tax Code concerning tax sales made in  error.      
   In  provisions  setting forth the criteria to have a tax sale declared      
   to be a sale in error, replaces references to "tax purchaser" and "tax      
   purchaser or his or her assignee" with "owner of  the  certificate  of      
   purchase."   Provides  that the changes made by this amendatory Act of      
   the 91st General Assembly are declarative of existing law.                  
        HOUSE AMENDMENT NO. 1. (Tabled April 6, 2000)                          
          Adds reference to:                                                   
          35 ILCS 200/21-295                                                   
          35 ILCS 200/21-355                                                   
          735 ILCS 5/12-144.5 new                                              
          735 ILCS 5/12-145               from Ch. 110, par. 12-145            
        Further amends the Property Tax Code. Provides that in  counties       
   of 3,000,000 or more inhabitants, each person purchasing property at a      
   tax  sale shall pay to the county collector a fee of $80 for each item      
   purchased plus an additional sum equal to 5% of taxes,  interest,  and      
   penalties paid by the purchaser (now, 5% of total taxes, interest, and      
   penalties  paid).  Provides  that  the additional 5% fees (rather than      
   only one of the 2 additional 5% fees imposed in  this  provision)  are      
   not  required after December 31, 2006. In language requiring the court      
   to declare a tax sale to be a sale in error under certain  conditions,      
   includes  as  one  of those conditions the situation in which a county      
   official has made an error (other than an error of judgment as to  the      
   value of any property).  Changes the application of procedures after a      
   declaration  of  a  sale in error. Removes language providing that the      
   changes to the "sales in error" Section are  declaratory  of  existing      
   law. Provides that, upon application of an owner of homestead property      
   at any time before the issuance of a tax deed, the court shall declare      
   a  tax  sale  to  be  a  sale  in  error if (i) the property owner has      
   tendered  timely  payment  of  the  property  taxes  that  he  or  she      
   reasonably believed were due and owing on the homestead property;  and      
   (ii)   the   taxes   were   not   properly  applied  to  the  property      
   identification  number  of  the  homestead  property  by  the   county      
   collector.   Provides  that,  on  demand of the property owner in this      
   circumstance, the county collector shall refund the amount  paid,  pay      
   certain  interests  and costs, and cancel the certificate of purchase.      
   In provisions regarding redemption  procedures,  changes  a  reference      
   from  property  purchased  under  a  Section  concerning redemption of      
   forfeited property to  a  reference  to  property  purchased  under  a      
   Section  concerning  special  assessments  withdrawn  or forfeited and      
   provides that the changes to these provisions made by this  amendatory      
   Act  are  declaratory  of  existing  law.  Amends  the  Code  of Civil      
   Procedure.  Adds  a  provision  requiring  the  legal  holder  of  the      
   certificate with respect to real estate  sold  in  satisfaction  of  a      
   court  judgment to submit a report to the court if the property is not      
   redeemed. Adds a provision for a court hearing upon the submission  of      
   the  report,  at  which the court shall order confirmation of the sale      
   unless  notice  requirements  were  not  fulfilled,   the   sale   was      
   unconscionable,  the  sale  was conducted fraudulently, or justice was      
   otherwise not done. Changes the requirement for time of execution of a      
   redemption certificate to take into account a court order confirming a      
   judgment sale entered pursuant to the new provision. Provides that the      
   changes to the Property Tax Code concerning the amount  of  redemption      
   take effect upon becoming law.                                              
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          35 ILCS 200/21-295                                                   
          35 ILCS 200/21-355                                                   
          735 ILCS 5/12-144.5 new                                              
          735 ILCS 5/12-145               from Ch. 110, par. 12-145            
        Further amends the Property Tax Code. Provides that in  counties       
   of 3,000,000 or more inhabitants, each person purchasing property at a      
   tax sale shall pay to the county collector, in addition to other fees,      
   a  sum  equal  to  5%  of  taxes,  interest, and penalties paid by the      
   purchaser (now, 5% of total  taxes,  interest,  and  penalties  paid).      
   Provides  that  the  additional 5% fees (rather than only one of the 2      
   additional 5% fees imposed in this provision) are not  required  after      
   December  31,  2006.  In language requiring the court to declare a tax      
   sale to be a sale in error under certain conditions, includes  as  one      
   of  those conditions the situation in which a county official has made      
   an error (other than an error of judgment  as  to  the  value  of  any      
   property).   Changes the application of procedures after a declaration      
   of a sale in error. Removes language providing that the changes to the      
   "sales in error" Section are declaratory  of  existing  law.  Requires      
   declaration  of  a  sale in error when the court is satisfied that (i)      
   the property owner  has  tendered  timely  and  full  payment  of  the      
   property  taxes  that he or she reasonably believed were due and owing      
   on the homestead property;  and  (ii)  the  taxes  were  not  properly      
   applied  to  the homestead property by the county collector.  Provides      
   that, on demand of the property owner in this circumstance, the county      
   collector shall refund the amount  paid,  pay  certain  interests  and      
   costs, and cancel the certificate of purchase. In provisions regarding      
   redemption  procedures,  changes  a  reference from property purchased      
   under a Section concerning  redemption  of  forfeited  property  to  a      
   reference  to  property  purchased  under a Section concerning special      
   assessments withdrawn or forfeited and provides that  the  changes  to      
   these  provisions  made  by  this  amendatory  Act  are declaratory of      
   existing law. Amends the Code of Civil  Procedure.  Adds  a  provision      
   requiring  the  legal  holder  of the certificate with respect to real      
   estate sold in satisfaction of a court judgment to submit a report  to      
   the  court  if  the  property  is not redeemed. Adds a provision for a      
   court hearing upon the submission of the report, at  which  the  court      
   shall  order  confirmation of the sale unless notice requirements were      
   not fulfilled, the sale was unconscionable,  the  sale  was  conducted      
   fraudulently,   or   justice  was  otherwise  not  done.  Changes  the      
   requirement for time of execution of a redemption certificate to  take      
   into account a court order confirming a judgment sale entered pursuant      
   to  the  new  provision. Provides that the changes to the Property Tax      
   Code concerning the amount of redemption  take  effect  upon  becoming      
   law.                                                                        
        HOUSE AMENDMENT NO. 4.                                                 
        Requires declaration of  a  sale  in  error  when  the  court  is      
   satisfied  that  (i)  the  property owner (now the owner or his or her      
   agent) has tendered timely and full payment to  the  county  collector      
   that  the owner reasonably believed was due and owing on the homestead      
   property; and (ii) that the county collector did not apply the payment      
   to the homestead property.  This provision applies only to homeowners,      
   not their agents or third-party payors.                                     
   00-02-02  S  FIRST READING                                                  
   00-02-02  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-02-09  S       ASSIGNED TO COMMITTEE               REVENUE               
   00-02-17  S       DO PASS                             008-000-000   SREV    
   00-02-17  S  PLACED ON CALENDAR ORDER OF 2ND READING  00-02-22              
   00-02-23  S  SECOND READING                                                 
   00-02-23  S  PLACED ON CALENDAR ORDER OF 3RD READING  00-02-24              
   00-02-24  S  ADDED AS A CHIEF CO-SPONSOR              HENDON                
   00-02-24  S  THIRD READING - PASSED                   059-000-000           
   00-02-24  H  ARRIVE IN HOUSE                                                
   00-02-24  H  HOUSE SPONSOR                            HAMOS                 
   00-02-24  H  FIRST READING                                                  
   00-02-24  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-03-16  H       ASSIGNED TO COMMITTEE               REVENUE               
   00-03-24  H                             AMENDMENT NO. 01-REVENUE       H    
   00-03-24  H                                   ADOPTED                       
   00-03-24  H  DO PASS AMENDED/SHORT DEBATE             009-000-000   HREV    
   00-03-24  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   00-03-30  H                             AMENDMENT NO. 02-HAMOS              
   00-03-30  H                     AMENDMENT REFERRED TO HRUL                  
   00-03-30  H                             AMENDMENT NO. 03-HAMOS              
   00-03-30  H                     AMENDMENT REFERRED TO HRUL                  
   00-03-30  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   00-04-04  H                             AMENDMENT NO. 04-HAMOS              
   00-04-04  H                     AMENDMENT REFERRED TO HRUL                  
   00-04-04  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   00-04-05  H                             AMENDMENT NO. 02-HAMOS              
   00-04-05  H                           RULES REFERS TO HREV                  
   00-04-05  H  RECOMMENDS BE ADOPTED                    HREV                  
   00-04-05  H                             AMENDMENT NO. 04-HAMOS              
   00-04-05  H                           RULES REFERS TO HREV                  
   00-04-05  H  RECOMMENDS BE ADOPTED                    HREV                  
   00-04-05  H  SECOND READING-SHORT DEBATE                                    
   00-04-05  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   00-04-06  H  MOTION TO TABLE AMENDMENT - PREVAILED    01                    
   00-04-06  H                             AMENDMENT NO. 02-HAMOS              
   00-04-06  H                                   ADOPTED                       
   00-04-06  H                             AMENDMENT NO. 04-HAMOS              
   00-04-06  H                                   ADOPTED                       
   00-04-06  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-04-07  H  ADDED AS A JOINT SPONSOR                 SCHOENBERG            
   00-04-07  H  ADDED AS A JOINT SPONSOR                 DAVIS,MONIQUE         
   00-04-07  H                                           3RD READING           
   00-04-07  H                                           DEADLINE EXTENDED     
   00-04-07  H                                           - APRIL 14, 2000      
   00-04-07  H  CALENDAR ORDER 3RD READING-SHORT DEBATE                        
   00-04-13  H  TABLED PURSUANT TO RULE 40(a)            HA #03                
   00-04-13  H  THIRD READING/SHORT DEBATE/PASSED        115-000-001           
   00-04-13  S  SECRETARYS DESK - CONCURRENCE            02,04                 
   00-04-13  S  FILED WITH SECRETARY                                           
   00-04-13  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02,04/TROTTER         
   00-04-13  S                        MOTION REFERRED TO SRUL                  
   00-04-13  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02,04/TROTTER         
   00-04-13  S                           RULES REFERS TO SREV                  
   00-04-13  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02,04/TROTTER         
   00-04-13  S             BE APPROVED FOR CONSIDERATION SREV/010-000-000      
   00-04-14  S  ADDED AS A CHIEF CO-SPONSOR              RONEN,C               
   00-04-14  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02,04/TROTTER         
   00-04-14  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      02,04/059-000-000     
   00-04-14  S  PASSED BOTH HOUSES                                             
   00-05-12  S  SENT TO THE GOVERNOR                                           
   00-07-07  S  GOVERNOR APPROVED                                              
   00-07-07  S                                           GENERAL               
   00-07-07  S                            EFFECTIVE DATE 01-01-01              
   00-07-07  S                                           SOME PARTS            
   00-07-07  S                            EFFECTIVE DATE 00-07-07              
   00-07-07  S  PUBLIC ACT.............................. 91-0924               

   END OF INQUIRY 



 Full Text  Bill Summary