97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1227

 

Introduced 02/08/11, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/1-120
35 ILCS 200/22-5
35 ILCS 200/22-10
35 ILCS 200/22-25

    Amends the Property Tax Code. Provides that "Property Index Number" and "Permanent Index Number" shall be construed as interchangeable terms. Provides for filing of redemption applications at the Office of the County Clerk (instead of the County Court House). Provides that mailed notice shall be signed by the clerk instead of the purchaser or assignee. Provides for applicability and construction. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1227LRB097 07829 HLH 47943 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 1-120, 22-5, 22-10, and 22-25 as follows:
 
6    (35 ILCS 200/1-120)
7    Sec. 1-120. Property Index Number or Permanent Index
8Number; PIN. A number used to identify a parcel of property for
9assessment and taxation purposes. The index number shall
10constitute a sufficient description of the property to which it
11has been assigned, wherever a description is required by this
12Code. "Property Index Number" and "Permanent Index Number"
13shall be construed to be interchangeable terms.
14    The changes to this Section made by this amendatory Act of
15the 97th General Assembly shall be construed as being
16declaratory of existing law and not as a new enactment.
17(Source: P.A. 88-455.)
 
18    (35 ILCS 200/22-5)
19    Sec. 22-5. Notice of sale and redemption rights. In order
20to be entitled to a tax deed, within 4 months and 15 days after
21any sale held under this Code, the purchaser or his or her
22assignee shall deliver to the county clerk a notice to be given

 

 

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1to the party in whose name the taxes are last assessed as shown
2by the most recent tax collector's warrant books, in at least
310 point type in the following form completely filled in:
4
TAKE NOTICE
5    County of ...............................................
6    Date Premises Sold ......................................
7    Certificate No. .........................................
8    Sold for General Taxes of (year) ........................
9    Sold for Special Assessment of (Municipality)
10    and special assessment number ...........................
11    Warrant No. ............... Inst. No. .................
12
THIS PROPERTY HAS BEEN SOLD FOR
13
DELINQUENT TAXES
14Property located at .........................................
15Legal Description or Property Permanent Index No. ............
16.............................................................
17.............................................................
18    This notice is to advise you that the above property has
19been sold for delinquent taxes and that the period of
20redemption from the sale will expire on .....................
21    This notice is also to advise you that a petition will be
22filed for a tax deed which will transfer title and the right to
23possession of this property if redemption is not made on or
24before ......................................................
25    At the date of this notice the total amount which you must
26pay in order to redeem the above property is ................

 

 

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1
YOU ARE URGED TO REDEEM IMMEDIATELY TO
2
PREVENT LOSS OF PROPERTY
3    Redemption can be made at any time on or before .... by
4applying to the County Clerk of .... County, Illinois at the
5Office of the County Clerk County Court House in ....,
6Illinois.
7    The above amount is subject to increase at 6 month
8intervals from the date of sale. Check with the county clerk as
9to the exact amount you owe before redeeming. Payment must be
10made by certified check, cashier's check, money order, or in
11cash.
12    For further information contact the County Clerk
13ADDRESS:............................
14TELEPHONE:..........................
 
15
...............................
16
Purchaser or Assignee
17
Dated (insert date).

 
18    Within 10 days after receipt of said notice, the county
19clerk shall mail to the addresses supplied by the purchaser or
20assignee, by registered or certified mail, copies of said
21notice to the party in whose name the taxes are last assessed
22as shown by the most recent tax collector's warrant books. The
23purchaser or assignee shall pay to the clerk postage plus the
24sum of $10. The clerk shall write or stamp the date of

 

 

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1receiving the notices upon the copies of the notices, and
2retain one copy.
3    The changes to this Section made by this amendatory Act of
4the 97th General Assembly apply only to tax sales that occur on
5or after the effective date of this amendatory Act of the 97th
6General Assembly.
7(Source: P.A. 94-380, eff. 7-29-05.)
 
8    (35 ILCS 200/22-10)
9    Sec. 22-10. Notice of expiration of period of redemption. A
10purchaser or assignee shall not be entitled to a tax deed to
11the property sold unless, not less than 3 months nor more than
126 months prior to the expiration of the period of redemption,
13he or she gives notice of the sale and the date of expiration
14of the period of redemption to the owners, occupants, and
15parties interested in the property, including any mortgagee of
16record, as provided below.
17    The Notice to be given to the parties shall be in at least
1810 point type in the following form completely filled in:
19TAX DEED NO. .................... FILED ....................
20
TAKE NOTICE
21    County of ...............................................
22    Date Premises Sold ......................................
23    Certificate No. ........................................
24    Sold for General Taxes of (year) ........................
25    Sold for Special Assessment of (Municipality)

 

 

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1    and special assessment number ...........................
2    Warrant No. ................ Inst. No. .................
3
THIS PROPERTY HAS BEEN SOLD FOR
4
DELINQUENT TAXES
5Property located at .........................................
6Legal Description or Property Index No. .....................
7.............................................................
8.............................................................
9    This notice is to advise you that the above property has
10been sold for delinquent taxes and that the period of
11redemption from the sale will expire on .....................
12.............................................................
13    The amount to redeem is subject to increase at 6 month
14intervals from the date of sale and may be further increased if
15the purchaser at the tax sale or his or her assignee pays any
16subsequently accruing taxes or special assessments to redeem
17the property from subsequent forfeitures or tax sales. Check
18with the county clerk as to the exact amount you owe before
19redeeming.
20    This notice is also to advise you that a petition has been
21filed for a tax deed which will transfer title and the right to
22possession of this property if redemption is not made on or
23before ......................................................
24    This matter is set for hearing in the Circuit Court of this
25county in ...., Illinois on .....
26    You may be present at this hearing but your right to redeem

 

 

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1will already have expired at that time.
2
YOU ARE URGED TO REDEEM IMMEDIATELY
3
TO PREVENT LOSS OF PROPERTY
4    Redemption can be made at any time on or before .... by
5applying to the County Clerk of ...., County, Illinois at the
6Office of the County Clerk County Court House in ....,
7Illinois.
8    For further information contact the County Clerk
9ADDRESS:....................
10TELEPHONE:..................
 
11
..........................
12
Purchaser or Assignee.
13
Dated (insert date).

 
14    In counties with 3,000,000 or more inhabitants, the notice
15shall also state the address, room number and time at which the
16matter is set for hearing.
17    The changes to this Section made by this amendatory Act of
18the 97th General Assembly apply only to matters in which a
19petition for tax deed is filed on or after the effective date
20of this amendatory Act of the 97th General Assembly.
21    This amendatory Act of 1996 applies only to matters in
22which a petition for tax deed is filed on or after the
23effective date of this amendatory Act of 1996.
24    The changes to this Section made by this amendatory Act of

 

 

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1the 95th General Assembly apply only to matters in which a
2petition for tax deed is filed on or after the effective date
3of this amendatory Act of the 95th General Assembly.
4(Source: P.A. 94-380, eff. 7-29-05; 95-477, eff. 6-1-08.)
 
5    (35 ILCS 200/22-25)
6    Sec. 22-25. Mailed notice. In addition to the notice
7required to be served not less than 3 months nor more than 6
8months prior to the expiration of the period of redemption, the
9purchaser or his or her assignee shall prepare and deliver to
10the clerk of the Circuit Court of the county in which the
11property is located, the notice provided for in this Section,
12together with the statutory costs for mailing the notice by
13certified mail, return receipt requested. The form of notice to
14be mailed by the clerk shall be identical in form to that
15provided by Section 22-10 for service upon owners residing upon
16the property sold, except that it shall bear the signature of
17the clerk instead of the name of the purchaser or assignee and
18shall designate the parties to whom it is to be mailed. The
19clerk may furnish the form. The clerk shall promptly mail the
20notices delivered to him or her by certified mail, return
21receipt requested. The certificate of the clerk that he or she
22has mailed the notices, together with the return receipts,
23shall be filed in and made a part of the court record. The
24notices shall be mailed to the owners of the property at their
25last known addresses, and to those persons who are entitled to

 

 

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1service of notice as occupants.
2    The changes to this Section made by this amendatory Act of
3the 97th General Assembly shall be construed as being
4declaratory of existing law and not as a new enactment.
5    The changes to this Section made by this amendatory Act of
6the 95th General Assembly apply only to matters in which a
7petition for tax deed is filed on or after the effective date
8of this amendatory Act of the 95th General Assembly.
9(Source: P.A. 95-477, eff. 6-1-08.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.