Full Text of HB4769 95th General Assembly
HB4769ham001 95TH GENERAL ASSEMBLY
|
Consumer Protection Committee
Filed: 3/11/2008
|
|
09500HB4769ham001 |
|
LRB095 15330 BDD 47897 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4769
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4769 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Property Tax Code is amended by changing | 5 |
| Section 22-45 as follows:
| 6 |
| (35 ILCS 200/22-45)
| 7 |
| (Text of Section before amendment by P.A. 95-477 )
| 8 |
| Sec. 22-45. Tax deed incontestable unless order appealed or | 9 |
| relief
petitioned. Tax deeds issued under Section 22-40 are
| 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:
|
|
|
|
09500HB4769ham001 |
- 2 - |
LRB095 15330 BDD 47897 a |
|
| 1 |
| (1) proof that the taxes were paid prior to sale;
| 2 |
| (2) proof that the property was exempt from taxation;
| 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
| 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
| 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.
| 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
| 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
|
|
|
|
09500HB4769ham001 |
- 3 - |
LRB095 15330 BDD 47897 a |
|
| 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,
| 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" |
|
|
|
09500HB4769ham001 |
- 4 - |
LRB095 15330 BDD 47897 a |
|
| 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.
| 7 |
| (Source: P.A. 92-224, eff. 1-1-02.)
| 8 |
| (Text of Section after amendment by P.A. 95-477 )
| 9 |
| Sec. 22-45. Tax deed incontestable unless order appealed or | 10 |
| relief
petitioned. Tax deeds issued under Section 22-40 are
| 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:
| 18 |
| (1) proof that the taxes were paid prior to sale;
| 19 |
| (2) proof that the property was exempt from taxation;
| 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
| 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 |
|
|
|
09500HB4769ham001 |
- 5 - |
LRB095 15330 BDD 47897 a |
|
| 1 |
| notice as set forth in Section 22-20, and that the tax
| 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.
| 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
| 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
| 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,
| 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 |
|
|
|
09500HB4769ham001 |
- 6 - |
LRB095 15330 BDD 47897 a |
|
| 1 |
| 21-295 and may grant relief under any Section.
| 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.
| 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 |
|
|
|
09500HB4769ham001 |
- 7 - |
LRB095 15330 BDD 47897 a |
|
| 1 |
| jurisdiction of the Governor. | 2 |
| (Source: P.A. 95-477, eff. 6-1-08.)
| 3 |
| Section 10. The Conveyances Act is amended by changing | 4 |
| Section 35d as follows:
| 5 |
| (765 ILCS 5/35d)
| 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,
| 15 |
| the grantor shall provide one of the following:
| 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;
| 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
|
|
|
|
09500HB4769ham001 |
- 8 - |
LRB095 15330 BDD 47897 a |
|
| 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).
| 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
| 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 |
|
|
|
09500HB4769ham001 |
- 9 - |
LRB095 15330 BDD 47897 a |
|
| 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.
| 18 |
| (Source: P.A. 92-450, eff. 8-21-01.)
| 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.".
|
|