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Public Act 096-0231
Public Act 0231 96TH GENERAL ASSEMBLY
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Public Act 096-0231 |
HB0212 Enrolled |
LRB096 01971 HLH 11981 b |
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| AN ACT concerning revenue.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Property Tax Code is amended by changing | Section 21-355 as follows:
| (35 ILCS 200/21-355)
| Sec. 21-355. Amount of redemption. Any person desiring to | redeem shall
deposit an amount specified in this Section with | the county clerk of the
county in which the property is | situated,
in legal money of the United States, or by cashier's | check, certified check,
post office money order or money order | issued by a financial institution
insured by an agency or | instrumentality of the United States, payable to the
county | clerk of the proper county. The deposit shall be deemed timely | only
if actually received in person at the county clerk's | office prior to the close
of business as defined in Section | 3-2007 of the Counties Code on or before the
expiration of the | period of redemption or by United
States mail with a post | office cancellation mark dated not less than one day
prior to | the expiration of the period of redemption. The deposit shall
| be
in an amount equal to the total of the
following:
| (a) the certificate amount, which shall include all tax | principal,
special assessments, interest and penalties |
| paid by the tax purchaser together
with costs and fees of | sale and fees paid under Sections 21-295 and 21-315
through | 21-335;
| (b) the accrued penalty, computed through the date of | redemption as a
percentage of the certificate amount, as | follows:
| (1) if the redemption occurs on or before the | expiration of 6 months
from the date of sale, the | certificate amount times the penalty bid at sale;
| (2) if the redemption occurs after 6 months from | the date of sale,
and on or before the expiration of 12 | months from the date of sale, the
certificate amount | times 2 times the penalty bid at sale;
| (3) if the redemption occurs after 12 months from | the date of sale
and on or before the expiration of 18 | months from the date of sale, the
certificate amount | times 3 times the penalty bid at sale;
| (4) if the redemption occurs after 18 months from | the date
of sale and on or before the expiration of 24 | months from the date of sale,
the certificate amount | times 4 times the penalty bid at sale;
| (5) if the redemption occurs after 24 months from | the date of sale
and on or before the expiration of 30 | months from the date of sale, the
certificate amount | times 5 times the penalty bid at sale;
| (6) if the redemption occurs after 30 months from |
| the date of sale
and on or before the expiration of 36 | months from the date of sale, the
certificate amount | times 6 times the penalty bid at sale.
| In the event that the property to be redeemed has | been purchased
under Section 21-405, the penalty bid | shall be 12% per penalty
period as set forth in | subparagraphs (1) through (6) of this subsection (b).
| The changes to this subdivision (b)(6) made by this | amendatory Act of the
91st General Assembly are not a | new enactment, but declaratory of existing
law.
| (c) The total of all taxes, special assessments, | accrued interest on those
taxes and special assessments and | costs charged in connection with the payment
of those taxes | or special assessments, which have been paid by the tax
| certificate holder on or after the date those taxes or | special assessments
became delinquent together with 12% | penalty on each amount so paid for each
year or portion | thereof intervening between the date of that payment and | the
date of redemption.
In counties with less than | 3,000,000 inhabitants, however, a tax certificate
holder | may not pay
all or part of an installment of a subsequent | tax or special assessment for any
year, nor shall any
| tender of such a payment be accepted, until after the | second or final
installment
of the subsequent tax or | special assessment has become delinquent
or until after the
| holder of the certificate of purchase has filed a petition |
| for a tax deed under
Section 22.30.
The person
redeeming | shall also pay the amount of interest charged on the | subsequent tax
or special assessment and paid as a penalty | by the tax certificate holder.
This amendatory Act of
1995 | applies to tax years beginning with the 1995 taxes, payable | in 1996, and
thereafter.
| (d) Any amount paid to redeem a forfeiture occurring | subsequent to the
tax sale together with 12% penalty | thereon for each year or portion thereof
intervening | between the date of the forfeiture redemption and the date | of
redemption from the sale.
| (e) Any amount paid by the certificate holder for | redemption of a
subsequently occurring tax sale.
| (f) All fees paid to the county clerk under Section | 22-5.
| (g) All fees paid to the registrar of titles incident | to registering
the tax certificate in compliance with the | Registered Titles (Torrens) Act.
| (h) All fees paid to the circuit clerk and the sheriff, | a licensed or registered private detective, or the
coroner | in connection with the filing of the petition for tax deed | and
service of notices under Sections 22-15 through 22-30 | and 22-40 in addition to
(1) a fee of $35 if a petition for | tax deed has been filed, which fee shall
be posted to the | tax judgement, sale, redemption, and forfeiture record, to | be
paid to the purchaser or his or her assignee; (2) a fee |
| of $4 if a notice under
Section 22-5 has been filed, which | fee shall be posted
to the tax judgment, sale, redemption, | and forfeiture record, to be paid to
the purchaser or his | or her assignee; and (3) all costs paid to record a
lis | pendens notice in connection with filing a petition under | this Code ; and (4) if a petition for tax deed has been | filed, all fees paid to a registered or licensed title | insurance company or title insurance agent for a title | search to identify all owners, parties interested, and | occupants of the property, to be paid to the purchaser or | his or her assignee .
The fees in (1) and (2) of this | paragraph (h) shall be exempt from the posting
requirements | of Section 21-360. The costs incurred in causing notices to | be served by a licensed or registered private detective | under Section 22-15, may not exceed the amount that the | sheriff would be authorized by law to charge if those | notices had been served by the sheriff.
| (i) All fees paid for publication of notice of the tax | sale in
accordance with Section 22-20.
| (j) All sums paid to any city, village or incorporated | town for
reimbursement under Section 22-35.
| (k) All costs and expenses of receivership under | Section 21-410, to the
extent that these costs and expenses | exceed any income from the property in
question, if the | costs and expenditures have been approved by the court
| appointing the receiver and a certified copy of the order |
| or approval is filed
and posted by the certificate holder | with the county clerk. Only actual costs
expended may be | posted on the tax judgment, sale, redemption and forfeiture
| record.
| (Source: P.A. 95-195, eff. 1-1-08.)
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Effective Date: 1/1/2010
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