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SB0558 Engrossed |
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LRB094 09595 BDD 39848 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing |
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| Section 21-90 as follows:
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| (35 ILCS 200/21-90)
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| Sec. 21-90. Purchase and sale by county;
distribution of |
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| proceeds. When any
property is delinquent, or is forfeited for |
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| any reason or when a tax sale of any property has been declared |
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| to be in error under Sections 21-310(b)(2), 21-310(b)(4), or |
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| 22-35
each of 2 or more
years, and the property is
offered for |
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| or is subject to sale under any of the provisions of this Code, |
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| the County Board of
the County in which the property is |
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| located,
in its discretion, may bid, or, in
the case of |
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| forfeited property and any property as to which a previous tax |
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| sale has been declared to be in error under Sections |
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| 21-31(b)(2), 21-310(b)(4), or 22-35, may apply to purchase it, |
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| in the name of the
County as trustee for all taxing districts |
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| having an
interest in the property's
taxes or special |
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| assessments for the nonpayment of which the property is sold.
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| The presiding officer of the county board, with the advice and |
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| consent of the
Board, may appoint on its behalf
some officer or |
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| person to attend such sales
and bid or, in the case of |
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| forfeited property and any property as to which a previous tax |
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| sale has been declared to be in error under Sections |
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| 21-310(b)(4), 21-310(b)(4), or 22-35, to apply to the county |
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| clerk to
purchase. If the County Board applies to purchase any |
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| property that has been forfeited for any reason or any property |
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| as to which a previous tax sale has been declared to be in |
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| error under Sections 21-310(b)(2), 21-310(b)(4), or 22-35, no |
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| published or mailed notice is required prior to such purchase |
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| and the interest rate applicable upon redemption is equal to |
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SB0558 Engrossed |
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LRB094 09595 BDD 39848 b |
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| the maximum penalty rate allowed by Section 21-215. The County |
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| shall apply on the bid or purchase
the unpaid taxes and
special |
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| assessments due upon the property. No cash need be paid. The |
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| County
shall take all steps necessary to acquire title to the |
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| property and may manage
and operate the property. When a |
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| county, or other taxing district within the
county, is a |
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| petitioner for a tax deed, no filing fee shall be required.
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| When a county or other taxing district within the county is the |
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| petitioner
for a tax deed, one petition may be filed including |
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| all parcels that are tax
delinquent within the county or taxing |
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| district, and any publication made under
Section 22-20 of this |
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| Code may combine all such parcels within a single notice.
The |
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| notice shall list the street or common address, if known, of |
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| the
parcels for informational purposes.
The
county, as tax |
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| creditor and as trustee for other tax creditors, or other |
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| taxing
district within the county, shall not be required to |
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| allege and prove that all
taxes and special assessments which |
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| become due and payable after the sale to
the county have been |
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| paid nor shall the county be
required to pay the
subsequently |
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| accruing taxes or special assessments at any time. The county
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| board or its designee may prohibit the county collector from |
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| including the
property in the tax sale of one or more |
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| subsequent years. The lien of taxes and
special assessments |
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| which become due and payable after a sale to a county
shall
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| merge in the fee title of the county, or other taxing district |
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| within the
county, on the issuance of a deed.
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| The County may sell or assign the property so
acquired, or |
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| the certificate of
purchase to it, to any party, including
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| taxing districts. The proceeds of that sale or
assignment, less |
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| all costs
of the county incurred in the acquisition and sale or
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| assignment of the
property, shall be
distributed to the taxing |
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| districts in proportion to their respective interests
therein.
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| Under Sections 21-110, 21-115, 21-120 and 21-405, a County |
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| may bid or
purchase only in the absence of other bidders.
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| (Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
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