Illinois 2023-2024 Regular Session

Illinois House Bill HB2162 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2162 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 35 ILCS 200/22-80 Amends the Property Tax Code. Provides that a party who successfully contests the entry of an order directing the county clerk to issue a tax deed shall pay certain specified fees and costs to the tax deed grantee or the owner of the certificate of purchase. Provides that, in the case of a sale in error, interest accrues until the date of the order finding that the order directing the county clerk to issue a tax deed should be vacated (currently, until the date of payment). Effective immediately. LRB103 06062 HLH 51092 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2162 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 35 ILCS 200/22-80 35 ILCS 200/22-80 Amends the Property Tax Code. Provides that a party who successfully contests the entry of an order directing the county clerk to issue a tax deed shall pay certain specified fees and costs to the tax deed grantee or the owner of the certificate of purchase. Provides that, in the case of a sale in error, interest accrues until the date of the order finding that the order directing the county clerk to issue a tax deed should be vacated (currently, until the date of payment). Effective immediately. LRB103 06062 HLH 51092 b LRB103 06062 HLH 51092 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2162 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/22-80 35 ILCS 200/22-80
4	4	35 ILCS 200/22-80
5	5	Amends the Property Tax Code. Provides that a party who successfully contests the entry of an order directing the county clerk to issue a tax deed shall pay certain specified fees and costs to the tax deed grantee or the owner of the certificate of purchase. Provides that, in the case of a sale in error, interest accrues until the date of the order finding that the order directing the county clerk to issue a tax deed should be vacated (currently, until the date of payment). Effective immediately.
6	6	LRB103 06062 HLH 51092 b LRB103 06062 HLH 51092 b
7	7	LRB103 06062 HLH 51092 b
8	8	A BILL FOR
9	9	HB2162LRB103 06062 HLH 51092 b HB2162 LRB103 06062 HLH 51092 b
10	10	HB2162 LRB103 06062 HLH 51092 b
11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Property Tax Code is amended by changing
15	15	5 Section 22-80 as follows:
16	16	6 (35 ILCS 200/22-80)
17	17	7 Sec. 22-80. Order of court setting aside tax deed;
18	18	8 payments to holder of deed.
19	19	9 (a) Any order of court vacating an order directing the
20	20	10 county clerk to issue a tax deed based upon a finding that the
21	21	11 property was not subject to taxation or special assessment, or
22	22	12 that the taxes or special assessments had been paid prior to
23	23	13 the sale of the property, or that the tax sale was otherwise
24	24	14 void, shall declare the tax sale to be a sale in error pursuant
25	25	15 to Section 21-310 of this Act. The order shall direct the
26	26	16 county collector to refund to the tax deed grantee or his or
27	27	17 her successors and assigns (or, if a tax deed has not yet
28	28	18 issued, the holder of the certificate) the following amounts:
29	29	19 (1) all taxes and special assessments purchased, paid,
30	30	20 or redeemed by the tax purchaser or his or her assignee, or
31	31	21 by the tax deed grantee or his or her successors and
32	32	22 assigns, whether before or after entry of the order for
33	33	23 tax deed, with interest at the rate of 1% per month from
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2162 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
38	38	35 ILCS 200/22-80 35 ILCS 200/22-80
39	39	35 ILCS 200/22-80
40	40	Amends the Property Tax Code. Provides that a party who successfully contests the entry of an order directing the county clerk to issue a tax deed shall pay certain specified fees and costs to the tax deed grantee or the owner of the certificate of purchase. Provides that, in the case of a sale in error, interest accrues until the date of the order finding that the order directing the county clerk to issue a tax deed should be vacated (currently, until the date of payment). Effective immediately.
41	41	LRB103 06062 HLH 51092 b LRB103 06062 HLH 51092 b
42	42	LRB103 06062 HLH 51092 b
43	43	A BILL FOR
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49	49	35 ILCS 200/22-80
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68	68	1 the date each amount was paid until the date of the order
69	69	2 finding that the order directing the county clerk to issue
70	70	3 a tax deed should be vacated of payment pursuant to this
71	71	4 Section;
72	72	5 (2) all costs paid and posted to the judgment record
73	73	6 and not included in paragraph (1) of this subsection (a);
74	74	7 and
75	75	8 (3) court reporter fees for the hearing on the
76	76	9 application for tax deed and transcript thereof, cost of
77	77	10 certification of tax deed order, cost of issuance of tax
78	78	11 deed, and cost of recording of tax deed.
79	79	12 (b) Except in those cases described in subsection (a) of
80	80	13 this Section, and unless the court on motion of the tax deed
81	81	14 petitioner extends the redemption period to a date not later
82	82	15 than 3 years from the date of sale, any order of court finding
83	83	16 that an order directing the county clerk to issue a tax deed
84	84	17 should be vacated shall direct the party who successfully
85	85	18 contested the entry of the order to pay to the tax deed grantee
86	86	19 or his or her successors and assigns (or, if a tax deed has not
87	87	20 yet issued, the holder of the certificate) within 90 days
88	88	21 after the date of the finding:
89	89	22 (1) the amount necessary to redeem the property from
90	90	23 the sale as of the last day of the period of redemption,
91	91	24 except that, if the sale is a scavenger sale pursuant to
92	92	25 Section 21-260 of this Act, the redemption amount shall
93	93	26 not include an amount equal to all delinquent taxes on
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104	104	1 such property which taxes were delinquent at the time of
105	105	2 sale; and
106	106	3 (2) amounts in satisfaction of municipal liens paid by
107	107	4 the tax purchaser or his or her assignee; , and the amounts
108	108	5 specified in paragraphs (1) and (3) of subsection (a) of
109	109	6 this Section, to the extent the amounts are not included
110	110	7 in paragraph (1) of this subsection (b).
111	111	8 (3) court reporter fees for the hearing on the
112	112	9 application for tax deed and fees for the transcript of
113	113	10 that hearing;
114	114	11 (4) the cost of certification of the tax deed order;
115	115	12 (5) the costs of issuing the tax deed and recording
116	116	13 the tax deed;
117	117	14 (6) all taxes and special assessments purchased, paid,
118	118	15 or redeemed by the tax purchaser or his or her assignee, or
119	119	16 by the tax deed grantee or his or her successors and
120	120	17 assigns, whether before or after entry of the order for
121	121	18 tax deed, and not included in the amount necessary to
122	122	19 redeem the property from the sale as of the last day of the
123	123	20 period of redemption, with interest at the rate of 1% per
124	124	21 month from the date each amount was paid until the date of
125	125	22 the order finding that the order directing the county
126	126	23 clerk to issue a tax deed should be vacated; and
127	127	24 (5) interest, at the rate of 1% per month from the last
128	128	25 day of the period of redemption until the date of the order
129	129	26 finding that the order directing the county clerk to issue
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140	140	1 a tax deed should be vacated, on any subsequent taxes and
141	141	2 special assessments included in the amount necessary to
142	142	3 redeem the property from the sale as of the last day of the
143	143	4 period of redemption.
144	144	5 If the payment is not made within the 90-day period, the
145	145	6 petition to vacate the order directing the county clerk to
146	146	7 issue a tax deed shall be denied with prejudice, and the order
147	147	8 directing the county clerk to issue a tax deed shall remain in
148	148	9 full force and effect. No final order vacating any order
149	149	10 directing the county clerk to issue a tax deed shall be entered
150	150	11 pursuant to this subsection (b) until the payment has been
151	151	12 made.
152	152	13 (Source: P.A. 91-357, eff. 7-29-99.)
153	153	14 Section 99. Effective date. This Act takes effect upon
154	154	15 becoming law.
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