Consumer Protection Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 4769
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2 | AMENDMENT NO. ______. Amend House Bill 4769 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 22-45 as follows:
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6 | (35 ILCS 200/22-45)
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7 | (Text of Section before amendment by P.A. 95-477 )
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8 | Sec. 22-45. Tax deed incontestable unless order appealed or | ||||||
9 | relief
petitioned. Tax deeds issued under Section 22-40 are
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10 | incontestable except by
appeal from the order of the court | ||||||
11 | directing the county clerk to issue the tax
deed. However, | ||||||
12 | relief from such order may be had under Section 2-1401
of the | ||||||
13 | Code of Civil Procedure in the same manner and to the same | ||||||
14 | extent as
may be had under that Section with respect to final | ||||||
15 | orders and judgments in
other proceedings. The grounds for | ||||||
16 | relief under Section 2-1401 shall be
limited to:
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1 | (1) proof that the taxes were paid prior to sale;
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2 | (2) proof that the property was exempt from taxation;
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3 | (3) proof by clear and convincing evidence that the tax | ||||||
4 | deed had been
procured by fraud or deception by the tax | ||||||
5 | purchaser or his or her assignee; or
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6 | (4) proof by a person or party holding a recorded | ||||||
7 | ownership or other
recorded interest in the property that | ||||||
8 | he or she was not named as a
party in the publication | ||||||
9 | notice as set forth in Section 22-20, and that the tax
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10 | purchaser or his or her assignee did not make a diligent | ||||||
11 | inquiry and effort to
serve that person or party with the | ||||||
12 | notices required by Sections 22-10 through
22-30.
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13 | In cases of the sale of homestead property in counties with | ||||||
14 | 3,000,000
or more inhabitants , a tax deed may also be voided by | ||||||
15 | the court upon petition,
filed not more than 3 months after an | ||||||
16 | order for tax deed was entered, if the
court finds that the | ||||||
17 | property was owner occupied on the expiration date of the
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18 | period of redemption and that the order for deed was | ||||||
19 | effectuated pursuant to a
negligent or willful error made by an | ||||||
20 | employee of the county clerk or county
collector during the | ||||||
21 | period of redemption from the sale that was reasonably
relied | ||||||
22 | upon to the detriment of any person having a redeemable | ||||||
23 | interest. In
such a case, the tax purchaser shall be entitled | ||||||
24 | to the original amount
required to redeem the property plus | ||||||
25 | interest from the sale as of the last date
of redemption | ||||||
26 | together with costs actually expended subsequent to the
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1 | expiration of the period of redemption and reasonable | ||||||
2 | attorney's fees, all of
which shall be dispensed from the fund | ||||||
3 | created by Section 21-295.
In those cases of error where the | ||||||
4 | court vacates the tax deed, it may award the
petitioner | ||||||
5 | reasonable attorney's fees and court costs actually expended,
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6 | payable from that fund. The court hearing a petition filed | ||||||
7 | under this Section
or Section 2-1401 of the Code of Civil | ||||||
8 | Procedure may concurrently hear a
petition filed under Section | ||||||
9 | 21-295 and may grant relief under either Section. | ||||||
10 | Notwithstanding any other rulemaking authority that may | ||||||
11 | exist, neither the Governor nor any agency or agency head under | ||||||
12 | the jurisdiction of the Governor has any authority to make or | ||||||
13 | promulgate rules to implement or enforce the provisions of this | ||||||
14 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
15 | Governor believes that rules are necessary to implement or | ||||||
16 | enforce the provisions of this amendatory Act of the 95th | ||||||
17 | General Assembly, the Governor may suggest rules to the General | ||||||
18 | Assembly by filing them with the Clerk of the House and the | ||||||
19 | Secretary of the Senate and by requesting that the General | ||||||
20 | Assembly authorize such rulemaking by law, enact those | ||||||
21 | suggested rules into law, or take any other appropriate action | ||||||
22 | in the General Assembly's discretion. Nothing contained in this | ||||||
23 | amendatory Act of the 95th General Assembly shall be | ||||||
24 | interpreted to grant rulemaking authority under any other | ||||||
25 | Illinois statute where such authority is not otherwise | ||||||
26 | explicitly given. For the purposes of this paragraph, "rules" |
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1 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
2 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
3 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
4 | the Illinois Administrative Procedure Act to the extent that | ||||||
5 | such definitions apply to agencies or agency heads under the | ||||||
6 | jurisdiction of the Governor.
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7 | (Source: P.A. 92-224, eff. 1-1-02.)
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8 | (Text of Section after amendment by P.A. 95-477 )
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9 | Sec. 22-45. Tax deed incontestable unless order appealed or | ||||||
10 | relief
petitioned. Tax deeds issued under Section 22-40 are
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11 | incontestable except by
appeal from the order of the court | ||||||
12 | directing the county clerk to issue the tax
deed. However, | ||||||
13 | relief from such order may be had under Sections 2-1203 or | ||||||
14 | 2-1401
of the Code of Civil Procedure in the same manner and to | ||||||
15 | the same extent as
may be had under those Sections with respect | ||||||
16 | to final orders and judgments in
other proceedings. The grounds | ||||||
17 | for relief under Section 2-1401 shall be
limited to:
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18 | (1) proof that the taxes were paid prior to sale;
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19 | (2) proof that the property was exempt from taxation;
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20 | (3) proof by clear and convincing evidence that the tax | ||||||
21 | deed had been
procured by fraud or deception by the tax | ||||||
22 | purchaser or his or her assignee; or
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23 | (4) proof by a person or party holding a recorded | ||||||
24 | ownership or other
recorded interest in the property that | ||||||
25 | he or she was not named as a
party in the publication |
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1 | notice as set forth in Section 22-20, and that the tax
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2 | purchaser or his or her assignee did not make a diligent | ||||||
3 | inquiry and effort to
serve that person or party with the | ||||||
4 | notices required by Sections 22-10 through
22-30.
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5 | In cases of the sale of homestead property in counties with | ||||||
6 | 3,000,000
or more inhabitants , a tax deed may also be voided by | ||||||
7 | the court upon petition,
filed not more than 3 months after an | ||||||
8 | order for tax deed was entered, if the
court finds that the | ||||||
9 | property was owner occupied on the expiration date of the
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10 | period of redemption and that the order for deed was | ||||||
11 | effectuated pursuant to a
negligent or willful error made by an | ||||||
12 | employee of the county clerk or county
collector during the | ||||||
13 | period of redemption from the sale that was reasonably
relied | ||||||
14 | upon to the detriment of any person having a redeemable | ||||||
15 | interest. In
such a case, the tax purchaser shall be entitled | ||||||
16 | to the original amount
required to redeem the property plus | ||||||
17 | interest from the sale as of the last date
of redemption | ||||||
18 | together with costs actually expended subsequent to the
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19 | expiration of the period of redemption and reasonable | ||||||
20 | attorney's fees, all of
which shall be dispensed from the fund | ||||||
21 | created by Section 21-295.
In those cases of error where the | ||||||
22 | court vacates the tax deed, it may award the
petitioner | ||||||
23 | reasonable attorney's fees and court costs actually expended,
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24 | payable from that fund. The court hearing a petition filed | ||||||
25 | under this Section
or Section 2-1401 of the Code of Civil | ||||||
26 | Procedure may concurrently hear a
petition filed under Section |
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1 | 21-295 and may grant relief under any Section.
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2 | This amendatory Act of the 95th General Assembly shall be | ||||||
3 | construed as being declarative of existing law and not as a new | ||||||
4 | enactment.
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5 | Notwithstanding any other rulemaking authority that may | ||||||
6 | exist, neither the Governor nor any agency or agency head under | ||||||
7 | the jurisdiction of the Governor has any authority to make or | ||||||
8 | promulgate rules to implement or enforce the provisions of this | ||||||
9 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
10 | Governor believes that rules are necessary to implement or | ||||||
11 | enforce the provisions of this amendatory Act of the 95th | ||||||
12 | General Assembly, the Governor may suggest rules to the General | ||||||
13 | Assembly by filing them with the Clerk of the House and the | ||||||
14 | Secretary of the Senate and by requesting that the General | ||||||
15 | Assembly authorize such rulemaking by law, enact those | ||||||
16 | suggested rules into law, or take any other appropriate action | ||||||
17 | in the General Assembly's discretion. Nothing contained in this | ||||||
18 | amendatory Act of the 95th General Assembly shall be | ||||||
19 | interpreted to grant rulemaking authority under any other | ||||||
20 | Illinois statute where such authority is not otherwise | ||||||
21 | explicitly given. For the purposes of this paragraph, "rules" | ||||||
22 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
23 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
24 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
25 | the Illinois Administrative Procedure Act to the extent that | ||||||
26 | such definitions apply to agencies or agency heads under the |
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1 | jurisdiction of the Governor. | ||||||
2 | (Source: P.A. 95-477, eff. 6-1-08.)
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3 | Section 10. The Conveyances Act is amended by changing | ||||||
4 | Section 35d as follows:
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5 | (765 ILCS 5/35d)
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6 | Sec. 35d. Execution; permanent index number. Whenever In a | ||||||
7 | county with 3,000,000 or more inhabitants, whenever any deed or | ||||||
8 | instrument
of conveyance is executed, the grantor of | ||||||
9 | residential property shall provide
the grantee of the property | ||||||
10 | with an individual permanent index number or
numbers that | ||||||
11 | specifically represent the legal description provided for in | ||||||
12 | the
deed or instrument of conveyance. If the individual | ||||||
13 | permanent index number or
numbers do not specifically
represent | ||||||
14 | the legal description in the deed or instrument of conveyance,
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15 | the grantor shall provide one of the following:
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16 | (1) proof that a proper application for division which | ||||||
17 | requests
division of property, a portion of
which would | ||||||
18 | result in a permanent index number or numbers that | ||||||
19 | represent
the legal description found in the
deed or | ||||||
20 | instrument of conveyance, has been filed with the county | ||||||
21 | assessor;
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22 | (2) a recorded plat of subdivision that would result in | ||||||
23 | the issuance
of a permanent index number or numbers as | ||||||
24 | described in subdivision (1); or
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1 | (3) a recorded condominium declaration that would | ||||||
2 | result in the
issuance of a permanent index number or | ||||||
3 | numbers as described in
subdivision (1).
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4 | If the grantor fails to provide the grantee with either a | ||||||
5 | permanent index
number or numbers that represent the legal | ||||||
6 | description found in the
deed or instrument of conveyance or | ||||||
7 | one of the documents listed in subdivision
(1), (2), or (3), | ||||||
8 | the grantor shall be personally liable to the grantee for
taxes | ||||||
9 | pursuant to
Section 1-145 of the Property Tax Code and | ||||||
10 | attorney's fees.
The grantor's liability shall continue to | ||||||
11 | accrue until the permanent index
number or numbers that | ||||||
12 | represent the legal description found in the
deed or instrument | ||||||
13 | of conveyance or one of the documents listed in subdivision
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14 | (1), (2), or (3) is delivered to the grantee. The grantor's | ||||||
15 | failure to provide
the permanent index number or numbers shall | ||||||
16 | not invalidate the deed or
instrument of conveyance. A receipt | ||||||
17 | from the county
assessor confirming that a proper application | ||||||
18 | has been filed and that it meets
the requirements set by
the | ||||||
19 | county assessor shall be deemed to be evidence of proper | ||||||
20 | application for
division. | ||||||
21 | Notwithstanding any other rulemaking authority that may | ||||||
22 | exist, neither the Governor nor any agency or agency head under | ||||||
23 | the jurisdiction of the Governor has any authority to make or | ||||||
24 | promulgate rules to implement or enforce the provisions of this | ||||||
25 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
26 | Governor believes that rules are necessary to implement or |
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| |||||||
1 | enforce the provisions of this amendatory Act of the 95th | ||||||
2 | General Assembly, the Governor may suggest rules to the General | ||||||
3 | Assembly by filing them with the Clerk of the House and the | ||||||
4 | Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this paragraph, "rules" | ||||||
12 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
13 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
14 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
15 | the Illinois Administrative Procedure Act to the extent that | ||||||
16 | such definitions apply to agencies or agency heads under the | ||||||
17 | jurisdiction of the Governor.
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18 | (Source: P.A. 92-450, eff. 8-21-01.)
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19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
20 | changes in a statute that is represented in this Act by text | ||||||
21 | that is not yet or no longer in effect (for example, a Section | ||||||
22 | represented by multiple versions), the use of that text does | ||||||
23 | not accelerate or delay the taking effect of (i) the changes | ||||||
24 | made by this Act or (ii) provisions derived from any other | ||||||
25 | Public Act.".
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