SB1264 95TH GENERAL ASSEMBLY

LRB095 04774 BDD 24833 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1264

Introduced 2/9/2007, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

35 ILCS 200/22-35

Amends the Property Tax Code. In provisions concerning the issuance of tax deeds, provides that a sale in error is not allowed for a failure to reimburse a municipality for its lien on the property if that municipal interest giving rise to the lien came into existence and was properly recorded at least one month prior to the purchase of the taxes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Property Tax Code is amended by changing Section 22-35 as follows:

(35 ILCS 200/22-35)

Sec. 22-35. Reimbursement of municipality before issuance of tax deed.

(a) Except in any proceeding in which the tax purchaser is a county acting as a trustee for taxing districts as provided in Section 21-90, an order for the issuance of a tax deed under this Code shall not be entered affecting the title to or interest in any property in which a city, village or incorporated town has an interest under the police and welfare power by advancements made from public funds, until the purchaser or assignee makes reimbursement to the city, village or incorporated town of the money so advanced or the city, village, or town waives its lien on the property for the money so advanced. However, in lieu of reimbursement or waiver, the purchaser or his or her assignee may make application for and the court shall order that the tax purchase be set aside as a sale in error. A filing or appearance fee shall not be required of a city, village or incorporated town seeking to enforce its claim under this Section in a tax deed proceeding.

(b) A sale in error provided under this Section is not allowed if the municipal interest described in subsection (a) came in to existence and was properly recorded at least one month prior to the purchase of the taxes.

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

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