093_HB1489eng

 
HB1489 Engrossed                     LRB093 05935 SJM 06032 b

 1        AN ACT in relation to taxes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Property Tax Code is amended by  changing
 5    Sections 21-135 and 21-265 as follows:

 6        (35 ILCS 200/21-135)
 7        Sec.  21-135.   Mailed notice of application for judgment
 8    and  sale.   Not  less  than  15  days  before  the  date  of
 9    application for judgment and sale of  delinquent  properties,
10    the  county  collector shall mail, by registered or certified
11    mail, a notice of the forthcoming  application  for  judgment
12    and  sale  to  the  person  shown  by the current collector's
13    warrant book to be the party in whose  name  the  taxes  were
14    last  assessed  and,  if  applicable,  to the party specified
15    under Section 15-170. The notice shall include  the  intended
16    dates  of  application for judgment and sale and commencement
17    of the sale, and a description of the properties. The  county
18    collector  must  present  proof  of  the mailing to the court
19    along with the application for judgement.
20        In counties with less than 3,000,000 inhabitants, a  copy
21    of  this  notice shall also be mailed by the county collector
22    by registered or certified mail to any lienholder  of  record
23    who  annually  requests  a copy of the notice. The failure of
24    the county collector to mail a notice or its non-delivery  to
25    the lienholder shall not affect the validity of the judgment.
26        In  counties  with  3,000,000 or more inhabitants, notice
27    shall not be mailed to any person when, under Section  14-15,
28    a  certificate  of  error  has  been  executed  by the county
29    assessor or by both the county assessor and board of  appeals
30    (until  the  first  Monday  in December 1998 and the board of
31    review beginning  the  first  Monday  in  December  1998  and
 
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 1    thereafter),  except as provided by court order under Section
 2    21-120.
 3        The collector shall collect $12 $10 from the proceeds  of
 4    each  sale  to  cover  the  costs  of registered or certified
 5    mailing and the costs of advertisement and publication. If  a
 6    taxpayer  pays  the taxes on the property after the notice of
 7    the forthcoming application for judgment and sale  is  mailed
 8    but before the sale is made, then the collector shall collect
 9    $12 $10 from the taxpayer to cover the costs of registered or
10    certified   mailing   and  the  costs  of  advertisement  and
11    publication.
12    (Source: P.A. 89-126, eff.  7-11-95;  89-671,  eff.  8-14-96;
13    90-334, eff. 8-8-97.)

14        (35 ILCS 200/21-265)
15        Sec.  21-265.   Scavenger sale; persons ineligible to bid
16    or purchase.
17        (a)  No person, except a unit of local government,  shall
18    be  eligible  to  bid or receive a certificate of purchase at
19    any  sale  under  Section  21-260  unless  that  person   has
20    completed  and delivered to the county clerk a true, accurate
21    and complete application for certificate  of  purchase  which
22    shall affirm that:
23             (1)  the  person  has  not  bid  upon  or applied to
24        purchase any property at the sale for a person who is the
25        party or agent of the party who owns the property  or  is
26        responsible for the payment of the delinquent taxes;
27             (2)  the  person  is not, nor is he or she the agent
28        for, the owner or party responsible for  payment  of  the
29        general  taxes  on  any  property which is located in the
30        same county in which the sale is held and  which  is  tax
31        delinquent  or forfeited for all or any part of each of 2
32        or more years, excepting any year for which a certificate
33        of error issued under Sections 14-15, 14-20 and 14-25  is
 
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 1        pending for adjudication; and
 2             (3)  the person, although otherwise eligible to bid,
 3        has  not either directly or through an agent twice during
 4        the same sale or the immediately preceding scavenger sale
 5        under Section 21-260 failed to complete a purchase by the
 6        immediate payment of the minimum bid or  the  payment  of
 7        the  balance of a bid within the time provided by Section
 8        21-260.
 9    (Source: P.A. 86-949; 87-669; 88-455.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.