Illinois 2023-2024 Regular Session

Illinois House Bill HB4794 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4794 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: 35 ILCS 200/21-9035 ILCS 200/21-29535 ILCS 200/21-30535 ILCS 200/21-306 Amends the Property Tax Code. Provides that a property owner who sustains loss or damage by reason of the issuance of a tax deed is entitled to payment from the indemnity fund in the amount of the equity in the property described in the tax deed. Provides that a claim for equity must be filed within 90 days after the tax deed is recorded, except that, if the tax deed was issued on or after May 24, 2021 but before the effective date of the amendatory Act, then the petition for a claim for equity must be filed within 90 days after the effective date of the amendatory Act. LRB103 36193 HLH 69267 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4794 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: 35 ILCS 200/21-9035 ILCS 200/21-29535 ILCS 200/21-30535 ILCS 200/21-306 35 ILCS 200/21-90 35 ILCS 200/21-295 35 ILCS 200/21-305 35 ILCS 200/21-306 Amends the Property Tax Code. Provides that a property owner who sustains loss or damage by reason of the issuance of a tax deed is entitled to payment from the indemnity fund in the amount of the equity in the property described in the tax deed. Provides that a claim for equity must be filed within 90 days after the tax deed is recorded, except that, if the tax deed was issued on or after May 24, 2021 but before the effective date of the amendatory Act, then the petition for a claim for equity must be filed within 90 days after the effective date of the amendatory Act. LRB103 36193 HLH 69267 b LRB103 36193 HLH 69267 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4794 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/21-9035 ILCS 200/21-29535 ILCS 200/21-30535 ILCS 200/21-306 35 ILCS 200/21-90 35 ILCS 200/21-295 35 ILCS 200/21-305 35 ILCS 200/21-306
4	4	35 ILCS 200/21-90
5	5	35 ILCS 200/21-295
6	6	35 ILCS 200/21-305
7	7	35 ILCS 200/21-306
8	8	Amends the Property Tax Code. Provides that a property owner who sustains loss or damage by reason of the issuance of a tax deed is entitled to payment from the indemnity fund in the amount of the equity in the property described in the tax deed. Provides that a claim for equity must be filed within 90 days after the tax deed is recorded, except that, if the tax deed was issued on or after May 24, 2021 but before the effective date of the amendatory Act, then the petition for a claim for equity must be filed within 90 days after the effective date of the amendatory Act.
9	9	LRB103 36193 HLH 69267 b LRB103 36193 HLH 69267 b
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11	11	A BILL FOR
12	12	HB4794LRB103 36193 HLH 69267 b HB4794 LRB103 36193 HLH 69267 b
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14	14	1 AN ACT concerning revenue.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Property Tax Code is amended by changing
18	18	5 Sections 21-90, 21-295, 21-305, and 21-306 as follows:
19	19	6 (35 ILCS 200/21-90)
20	20	7 Sec. 21-90. Purchase and sale by county; distribution of
21	21	8 proceeds.
22	22	9 (a) When any property is offered for sale under any of the
23	23	10 provisions of this Code, the county board of the county in
24	24	11 which the property is located, in its discretion, may bid, or,
25	25	12 in the case of forfeited property, may apply to purchase it or
26	26	13 otherwise acquire the tax lien or certificate in the name of
27	27	14 the county as trustee for all taxing districts having an
28	28	15 interest in the property's taxes or special assessments for
29	29	16 the nonpayment of which the property is sold. The presiding
30	30	17 officer of the county board, with the advice and consent of the
31	31	18 board, may appoint on its behalf some officer, person, or
32	32	19 entity to attend such sales, bid on tax liens or certificates,
33	33	20 and act on behalf of the county when exercising its authority
34	34	21 under this Section. The county shall apply on the bid or
35	35	22 purchase the unpaid taxes and special assessments due upon the
36	36	23 property. No cash need be paid.
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4794 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
41	41	35 ILCS 200/21-9035 ILCS 200/21-29535 ILCS 200/21-30535 ILCS 200/21-306 35 ILCS 200/21-90 35 ILCS 200/21-295 35 ILCS 200/21-305 35 ILCS 200/21-306
42	42	35 ILCS 200/21-90
43	43	35 ILCS 200/21-295
44	44	35 ILCS 200/21-305
45	45	35 ILCS 200/21-306
46	46	Amends the Property Tax Code. Provides that a property owner who sustains loss or damage by reason of the issuance of a tax deed is entitled to payment from the indemnity fund in the amount of the equity in the property described in the tax deed. Provides that a claim for equity must be filed within 90 days after the tax deed is recorded, except that, if the tax deed was issued on or after May 24, 2021 but before the effective date of the amendatory Act, then the petition for a claim for equity must be filed within 90 days after the effective date of the amendatory Act.
47	47	LRB103 36193 HLH 69267 b LRB103 36193 HLH 69267 b
48	48	LRB103 36193 HLH 69267 b
49	49	A BILL FOR
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55	55	35 ILCS 200/21-90
56	56	35 ILCS 200/21-295
57	57	35 ILCS 200/21-305
58	58	35 ILCS 200/21-306
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77	77	1 (b) The county, as trustee for all taxing districts having
78	78	2 an interest in the property's taxes or special assessments,
79	79	3 shall be the designated holder of all tax liens or
80	80	4 certificates that are forfeited to the State or county. No
81	81	5 cash need be paid for the forfeited tax lien or certificate.
82	82	6 (c) For any tax lien or certificate acquired under
83	83	7 subsection (a) or (b) of this Section, the county may take
84	84	8 steps necessary to acquire title to the property and may
85	85	9 manage and operate the property, including, but not limited
86	86	10 to, mowing of grass, removal of nuisance greenery, removal of
87	87	11 garbage, waste, debris or other materials, or the demolition,
88	88	12 repair, or remediation of unsafe structures. When a county, or
89	89	13 other taxing district within the county, is a petitioner for a
90	90	14 tax deed, no filing fee shall be required. When a county or
91	91	15 other taxing district within the county is the petitioner for
92	92	16 a tax deed, one petition may be filed including all parcels
93	93	17 that are tax delinquent within the county or taxing district,
94	94	18 and any publication made under Section 22-20 of this Code may
95	95	19 combine all such parcels within a single notice. The notice
96	96	20 may include the street address as listed on the most recent
97	97	21 available tax bills, if available, and shall list the Property
98	98	22 Index Number of the parcels for informational purposes. The
99	99	23 county, as tax creditor and as trustee for other tax
100	100	24 creditors, or other taxing district within the county, shall
101	101	25 not be required to allege and prove that all taxes and special
102	102	26 assessments which become due and payable after the sale or
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113	113	1 forfeiture to the county have been paid nor shall the county be
114	114	2 required to pay the subsequently accruing taxes or special
115	115	3 assessments at any time. The county board or its designee may
116	116	4 prohibit the county collector from including the property in
117	117	5 the tax sale of one or more subsequent years. The lien of taxes
118	118	6 and special assessments which become due and payable after a
119	119	7 sale to a county shall merge in the fee title of the county, or
120	120	8 other taxing district within the county, on the issuance of a
121	121	9 deed.
122	122	10 The county may sell any property acquired with authority
123	123	11 provided in this Section, or assign any tax certificate to any
124	124	12 party, including, but not limited to, taxing districts,
125	125	13 municipalities, land banks created pursuant to Illinois law,
126	126	14 or non-profit developers focused on constructing affordable
127	127	15 housing.
128	128	16 The assigned tax certificate shall be void with no further
129	129	17 rights given to the assignee, including no right to refund or
130	130	18 reimbursement, if a tax deed has not been recorded within 4
131	131	19 years after the date of the assignment unless a court extends
132	132	20 the assignment period as provided in this Section. Upon a
133	133	21 motion by the assignee, a court may toll the 4-year deadline
134	134	22 for a specified period of time if the court finds the assignee
135	135	23 is prevented from obtaining or recording a deed by injunction
136	136	24 or order of any court, by the refusal or inability of any court
137	137	25 to act upon the application for a tax deed, by a municipality's
138	138	26 refusal to issue necessary transfer stamps or approvals for
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149	149	1 recording, or by the refusal of the clerk to execute the deed.
150	150	2 If an assigned tax certificate is void under this Section, it
151	151	3 shall be forfeited to the county and held as a valid
152	152	4 certificate of sale in the county's name pursuant to this
153	153	5 Section 21-90. The proceeds of any sale or assignment under
154	154	6 this Section, less all costs of the county incurred in the
155	155	7 acquisition, operation, maintenance, and sale of the property
156	156	8 or assignment of the tax certificate, including all costs
157	157	9 associated with county staff and overhead used to perform the
158	158	10 duties of the trustee set forth in this Section, shall be
159	159	11 distributed to the taxing districts in proportion to their
160	160	12 respective interests therein.
161	161	13 Under Sections 21-110, 21-115, 21-120, and 21-190, a
162	162	14 county may bid or purchase only in the absence of other
163	163	15 bidders.
164	164	16 (d) Any owner of property that is sold under any provision
165	165	17 of this Code who sustains loss or damage by reason of the
166	166	18 issuance of a tax deed to any county, municipality, or county
167	167	19 land bank under Section 21-445 or 22-40, if that tax deed is
168	168	20 issued to the county, municipality, or land bank, shall be
169	169	21 entitled to the equity in the property described in the tax
170	170	22 deed. For purposes of this subsection, equity shall be
171	171	23 calculated as follows: (i) the fair cash value of the subject
172	172	24 property on the date the tax deed is issued, less (ii) the
173	173	25 amount that would have been needed to redeem such property,
174	174	26 less (iii) any other taxes paid by the tax deed grantee to
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185	185	1 obtain the tax deed, less (iv) the amount needed to pay any
186	186	2 mortgages or liens on the property, and less (v) an
187	187	3 administrative fee of $500 for the county conducting the tax
188	188	4 sale and issuing the tax deed.
189	189	5 If the tax deed is issued on or after the effective date of
190	190	6 this amendatory Act of the 103rd General Assembly, then the
191	191	7 petition for a claim for equity under this subsection (d) must
192	192	8 be filed within 90 days after the tax deed is recorded. If the
193	193	9 tax deed is issued on or after May 24, 2021 but before the
194	194	10 effective date of this amendatory Act of the 103rd General
195	195	11 Assembly, then the petition for a claim for equity under this
196	196	12 subsection (d) must be filed within 90 days after the
197	197	13 effective date of this amendatory Act of the 103rd General
198	198	14 Assembly.
199	199	15 The county, municipality, or county land bank shall pay
200	200	16 all equity claims under this subsection (d) from its general
201	201	17 fund, and no moneys shall be paid to the owner under this
202	202	18 subsection (d) from any county indemnity fund established by
203	203	19 Section 21-295 for any claim brought under this subsection
204	204	20 (d).
205	205	21 (Source: P.A. 102-363, eff. 1-1-22; 103-555, eff. 1-1-24.)
206	206	22 (35 ILCS 200/21-295)
207	207	23 Sec. 21-295. Creation of indemnity fund.
208	208	24 (a) In counties of less than 3,000,000 inhabitants, each
209	209	25 person purchasing any property at a sale under this Code shall
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220	220	1 pay to the County Collector, prior to the issuance of any
221	221	2 certificate of purchase, an indemnity fee set by the county
222	222	3 collector of not more than $20 for each item purchased. A like
223	223	4 sum shall be paid for each year that all or a portion of
224	224	5 subsequent taxes are paid by the tax purchaser and posted to
225	225	6 the tax judgment, sale, redemption and forfeiture record where
226	226	7 the underlying certificate of purchase is recorded.
227	227	8 (a-5) In counties of 3,000,000 or more inhabitants, each
228	228	9 person purchasing property at a sale under this Code shall pay
229	229	10 to the County Collector a nonrefundable fee of $80 for each
230	230	11 item purchased plus an additional sum equal to 5% of the taxes,
231	231	12 interest, and penalties paid under Section 21-240. In these
232	232	13 counties, the certificate holder shall also pay to the County
233	233	14 Collector a fee of $80 for each year that all or a portion of
234	234	15 subsequent taxes are paid by the tax purchaser and posted to
235	235	16 the tax judgment, sale, redemption, and forfeiture record. The
236	236	17 changes to this subsection made by this amendatory Act of the
237	237	18 91st General Assembly are not a new enactment, but declaratory
238	238	19 of existing law.
239	239	20 (b) The amount paid prior to issuance of the certificate
240	240	21 of purchase pursuant to subsection (a) or (a-5) shall be
241	241	22 included in the purchase price of the property in the
242	242	23 certificate of purchase and all amounts paid under this
243	243	24 Section shall be included in the amount required to redeem
244	244	25 under Section 21-355, except for the nonrefundable $80 fee for
245	245	26 each item purchased at the tax sale as provided in this
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256	256	1 Section. Except as otherwise provided in subsection (b) of
257	257	2 Section 21-300, all money received under subsection (a) or
258	258	3 (a-5) shall be paid by the Collector to the County Treasurer of
259	259	4 the County in which the land is situated, for the purpose of an
260	260	5 indemnity fund. The County Treasurer, as trustee of that fund,
261	261	6 shall invest all of that fund, principal and income, in his or
262	262	7 her hands from time to time, if not immediately required for
263	263	8 payments of indemnities under subsection (a) of Section
264	264	9 21-305, in investments permitted by the Illinois State Board
265	265	10 of Investment under Article 22A of the Illinois Pension Code.
266	266	11 The county collector shall report annually to the county clerk
267	267	12 on the condition and income of the fund. The indemnity fund
268	268	13 shall be held to satisfy judgments obtained against the County
269	269	14 Treasurer, as trustee of the fund. No payment shall be made
270	270	15 from the fund, except upon a judgment of the court which
271	271	16 ordered the issuance of a tax deed.
272	272	17 (Source: P.A. 100-1070, eff. 1-1-19; 101-659, eff. 3-23-21.)
273	273	18 (35 ILCS 200/21-305)
274	274	19 Sec. 21-305. Payments from Indemnity Fund.
275	275	20 (a) Any owner of property that is sold under any provision
276	276	21 of this Code who sustains loss or damage by reason of the
277	277	22 issuance of a tax deed on or after May 24, 2021 under Section
278	278	23 21-445 or 22-40 shall be entitled to the equity in the property
279	279	24 described in the tax deed. For purposes of this subsection,
280	280	25 equity shall be calculated as follows: (i) the fair cash value
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291	291	1 of the subject property on the date the tax deed is issued,
292	292	2 less (ii) the amount that would have been needed to redeem such
293	293	3 property, less (iii) any other taxes paid by the tax deed
294	294	4 grantee to obtain the tax deed, less (iv) the amount needed to
295	295	5 pay any mortgages or liens on the property, and less (v) an
296	296	6 administrative fee of $500 for the county conducting the tax
297	297	7 sale and issuing the tax deed.
298	298	8 If the tax deed is issued on or after the effective date of
299	299	9 this amendatory Act of the 103rd General Assembly, then the
300	300	10 petition for a claim for equity under this subsection (a) must
301	301	11 be filed within 90 days after the tax deed is recorded. If the
302	302	12 tax deed is issued on or after May 24, 2021 but before the
303	303	13 effective date of this amendatory Act of the 103rd General
304	304	14 Assembly, then the petition for a claim for equity under this
305	305	15 subsection (a) must be filed within 90 days after the
306	306	16 effective date of this amendatory Act of the 103rd General
307	307	17 Assembly.
308	308	18 (a-5) (a) Any owner of property sold under any provision
309	309	19 of this Code who sustains loss or damage by reason of the
310	310	20 issuance of a tax deed under Section 21-445 or 22-40 and who is
311	311	21 barred or is in any way precluded from bringing an action for
312	312	22 the recovery of the property and who fails to bring a petition
313	313	23 to recover the equity within the time frame provided in
314	314	24 subsection (a) shall have the right to indemnity for the loss
315	315	25 or damage sustained, limited as follows:
316	316	26 (1) An owner who resided on property that contained 4
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327	327	1 or less dwelling units on the last day of the period of
328	328	2 redemption and who is equitably entitled to compensation
329	329	3 for the loss or damage sustained has the right to
330	330	4 indemnity. An equitable indemnity award shall be limited
331	331	5 to the fair cash value of the property as of the date the
332	332	6 tax deed was issued less any mortgages or liens on the
333	333	7 property, and the award will not exceed $99,000. The Court
334	334	8 shall liberally construe this equitable entitlement
335	335	9 standard to provide compensation wherever, in the
336	336	10 discretion of the Court, the equities warrant the action.
337	337	11 An owner of a property that contained 4 or less
338	338	12 dwelling units who requests an award in excess of $99,000
339	339	13 must prove that the loss of his or her property was not
340	340	14 attributable to his or her own fault or negligence before
341	341	15 an award in excess of $99,000 will be granted.
342	342	16 (2) An owner who sustains the loss or damage of any
343	343	17 property occasioned by reason of the issuance of a tax
344	344	18 deed, without fault or negligence of his or her own, has
345	345	19 the right to indemnity limited to the fair cash value of
346	346	20 the property less any mortgages or liens on the property.
347	347	21 In determining the existence of fault or negligence, the
348	348	22 court shall consider whether the owner exercised ordinary
349	349	23 reasonable diligence under all of the relevant
350	350	24 circumstances.
351	351	25 (3) In determining the fair cash value of property
352	352	26 less any mortgages or liens on the property, the fair cash
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363	363	1 value shall be reduced by the principal amount of all
364	364	2 taxes paid by the tax purchaser or his or her assignee
365	365	3 before the issuance of the tax deed.
366	366	4 (4) If an award made under paragraph (1) or (2) is
367	367	5 subject to a reduction by the amount of an outstanding
368	368	6 mortgage or lien on the property, other than the principal
369	369	7 amount of all taxes paid by the tax purchaser or his or her
370	370	8 assignee before the issuance of the tax deed and the
371	371	9 petitioner would be personally liable to the mortgagee or
372	372	10 lienholder for all or part of that reduction amount, the
373	373	11 court shall order an additional indemnity award to be paid
374	374	12 directly to the mortgagee or lienholder sufficient to
375	375	13 discharge the petitioner's personal liability. The court,
376	376	14 in its discretion, may order the joinder of the mortgagee
377	377	15 or lienholder as an additional party to the indemnity
378	378	16 action.
379	379	17 A petition of indemnity under this subsection (a-5) must
380	380	18 be filed within 10 years after the date the tax deed was
381	381	19 issued.
382	382	20 (b) Indemnity fund; subrogation.
383	383	21 (1) Any person filing a claim under subsection (a) or
384	384	22 (a-5) claiming indemnity hereunder shall petition the
385	385	23 Court which ordered the tax deed to issue, shall name the
386	386	24 County Treasurer, as Trustee of the indemnity fund, as
387	387	25 defendant to the petition, and shall ask that judgment be
388	388	26 entered against the County Treasurer, as Trustee, in the
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399	399	1 amount of the equity or indemnity sought. The provisions
400	400	2 of the Civil Practice Law shall apply to proceedings under
401	401	3 the petition, except that neither the petitioner nor
402	402	4 County Treasurer shall be entitled to trial by jury on the
403	403	5 issues presented in the petition. The Court shall
404	404	6 liberally construe this Section to provide compensation
405	405	7 wherever in the discretion of the Court the equities
406	406	8 warrant such action.
407	407	9 (2) The County Treasurer, as Trustee of the indemnity
408	408	10 fund, shall be subrogated to all parties in whose favor
409	409	11 judgment may be rendered against him or her, and by third
410	410	12 party complaint may bring in as a defendant any person,
411	411	13 other than the tax deed grantee and its successors in
412	412	14 title, not a party to the action who is or may be liable to
413	413	15 him or her, as subrogee, for all or part of the
414	414	16 petitioner's claim against him or her.
415	415	17 (c) Any contract involving the proceeds of a judgment for
416	416	18 equity or indemnity under this Section, between the tax deed
417	417	19 grantee or its successors in title and the indemnity
418	418	20 petitioner or his or her successors, shall be in writing. In
419	419	21 any action brought under Section 21-305, the Collector shall
420	420	22 be entitled to discovery regarding, but not limited to, the
421	421	23 following:
422	422	24 (1) the identity of all persons beneficially
423	423	25 interested in the contract, directly or indirectly,
424	424	26 including at least the following information: the names
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435	435	1 and addresses of any natural persons; the place of
436	436	2 incorporation of any corporation and the names and
437	437	3 addresses of its shareholders unless it is publicly held;
438	438	4 the names and addresses of all general and limited
439	439	5 partners of any partnership; the names and addresses of
440	440	6 all persons having an ownership interest in any entity
441	441	7 doing business under an assumed name, and the county in
442	442	8 which the assumed business name is registered; and the
443	443	9 nature and extent of the interest in the contract of each
444	444	10 person identified;
445	445	11 (2) the time period during which the contract was
446	446	12 negotiated and agreed upon, from the date of the first
447	447	13 direct or indirect contact between any of the contracting
448	448	14 parties to the date of its execution;
449	449	15 (3) the name and address of each natural person who
450	450	16 took part in negotiating the contract, and the identity
451	451	17 and relationship of the party that the person represented
452	452	18 in the negotiations; and
453	453	19 (4) the existence of an agreement for payment of
454	454	20 attorney's fees by or on behalf of each party.
455	455	21 Any information disclosed during discovery may be subject
456	456	22 to protective order as deemed appropriate by the court. The
457	457	23 terms of the contract shall not be used as evidence of value.
458	458	24 (d) (Blank). A petition of indemnity under this Section
459	459	25 must be filed within 10 years after the date the tax deed was
460	460	26 issued.
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471	471	1 (Source: P.A. 97-557, eff. 7-1-12.)
472	472	2 (35 ILCS 200/21-306)
473	473	3 Sec. 21-306. Indemnity fund fraud.
474	474	4 (a) A person commits the offense of indemnity fund fraud
475	475	5 when that person knowingly:
476	476	6 (1) offers or agrees to become a party to, or to
477	477	7 acquire an interest in, a contract involving the proceeds
478	478	8 of a judgment for indemnity under Section 21-305 before
479	479	9 the end of the period of redemption from the tax sale to
480	480	10 which the judgment relates;
481	481	11 (2) fraudulently induces a party to forego bringing an
482	482	12 action for the recovery of the property;
483	483	13 (3) makes a deceptive misrepresentation during the
484	484	14 course of negotiating an agreement under subsection (c) of
485	485	15 Section 21-305; or
486	486	16 (4) conspires to violate any of the provisions of this
487	487	17 subsection.
488	488	18 (b) Commission of any one act described in subsection (a)
489	489	19 is a Class A misdemeanor. Commission of more than one act
490	490	20 described in subsection (a) during a single course of conduct
491	491	21 is a Class 4 felony. A second or subsequent conviction for
492	492	22 violation of any portion of this Section is a Class 4 felony.
493	493	23 (c) The State's Attorney of the county in which a judgment
494	494	24 for equity or indemnity under Section 21-305 is entered may
495	495	25 bring a civil action in the name of the People of the State of
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