98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2596
 
Introduced , by Rep. André M. Thapedi
 
SYNOPSIS AS INTRODUCED:
 

 
  
35 ILCS 200/22-35

     Amends the Property Tax Code.   Requires purchasers of tax delinquent property to reimburse holders of certain notes and receiver's certificates issued under the Illinois Municipal Code before a tax deed may be issued.  Provides that, in lieu of reimbursement, the tax sale may be set aside as a sale in error.  Effective immediately.
  


LRB098 07936 HLH 38024 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB2596LRB098 07936 HLH 38024 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 
5Section 22-35 as follows:
 



6    (35 ILCS 200/22-35)



7    Sec. 22-35. Reimbursement of municipality before issuance 
8of tax deed. 
Except in any proceeding in which the tax 
9purchaser is a county acting as a
trustee for
taxing districts 
10as provided in Section 21-90,
an order for the issuance of a 
11tax deed under this Code shall not be entered
affecting the 
12title to or interest in any property in which a city, village 
13or
incorporated town has an interest under the police and 
14welfare power by
advancements made from public funds, until the 
15purchaser or assignee makes
reimbursement to the city, village 
16or incorporated town of the money so
advanced or the city, 
17village, or town waives its lien on the property for
the money 
18so advanced.  However, in lieu of reimbursement or waiver, the

19purchaser or
his or her
assignee may make application for and 
20the court shall order that the tax
purchase be set aside as a 
21sale in error.  A filing or appearance fee shall not
be required 
22of a city, village or incorporated town seeking to enforce its

23claim under this Section in a tax deed proceeding. 
 
 
HB2596- 2 -LRB098 07936 HLH 38024 b

1    An order for the issuance of a tax deed under this Code 
2shall not be entered affecting the title to or interest in any 
3property in which a holder of a note or receiver's certificate 
4issued against the property pursuant to Section 11-31-2 of the 
5Illinois Municipal Code, and duly recorded and transferred by 
6the receiver after its initial issuance as provided in that 
7Section, has an interest under the note or receiver's 
8certificate until the purchaser or assignee makes 
9reimbursement to the holder of the note or receiver's 
10certificate in the face amount of the note or certificate plus 
11any accrued interest thereupon. However, in lieu of 
12reimbursement, the purchaser or his or her assignee may make 
13application for and the court shall order that the tax purchase 
14be set aside as a sale in error. 

15(Source: P.A. 93-490, eff. 8-8-03.)

 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.