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92_HB1975sam004
LRB9201948SMmbam03
1 AMENDMENT TO HOUSE BILL 1975
2 AMENDMENT NO. . Amend House Bill 1975, AS AMENDED,
3 in Section 55, by deleting "When the mobile home is in a city
4 with more than 1,000,000 inhabitants, the advertisement may
5 be in any newspaper published in the same county."; and
6 in Section 90, in the sentence beginning "At the same time",
7 by replacing "it is mandatory for the collector in counties
8 with 3,000,000 or more inhabitants, and in other counties if
9 the county board so orders by resolution, to" with "the
10 collector, if the county board so orders by resolution, must
11 "; and
12 in Section 95, by deleting "In the 10 years next following
13 the completion of a general reassessment of property in any
14 county with 3,000,000 or more inhabitants, made under an
15 order of the Department, applications for judgment and order
16 of sale shall be made as soon as may be and on the day
17 specified in the advertisement required by Sections 55 and
18 60. If for any cause the court is not held on the day
19 specified, the cause shall stand continued, and it shall be
20 unnecessary to re-advertise the list or notice."; and
21 in Section 105, by deleting ", or in counties with 3,000,000
22 or more inhabitants, the taxes, interest, and costs due,";
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1 and
2 in Section 145, by deleting "However, in any county with
3 3,000,000 or more inhabitants, the offer for sale shall be
4 made between 8:00 a.m. and 8:00 p.m."; and
5 in Section 155, by replacing "Section 155. Letter of credit
6 or bond in counties of 3,000,000 or more; registration in
7 other counties. In counties with 3,000,000 or more
8 inhabitants, no person shall make an offer to pay the amount
9 due on any mobile home and the collector shall not accept or
10 acknowledge an offer from any person who has not deposited
11 with the collector, not less than 10 days prior to making
12 such offer, an irrevocable and unconditional letter of credit
13 or such other unconditional bond payable to the order of the
14 collector in an amount not less than 1.5 times the amount of
15 any tax due upon the mobile home. The collector may without
16 notice draw upon the letter of credit or bond in the event
17 payment of the amount due together with interest and costs
18 thereon is not made forthwith by the person purchasing any
19 mobile home. At all times during the sale, any person making
20 an offer or offers to pay the amount or amounts due on any
21 mobile homes shall maintain the letter of credit or bond with
22 the collector in an amount not less than 1.5 times the amount
23 due on the mobile homes which he or she has purchased and for
24 which he or she has not paid." with "Section 155.
25 Registration."; and
26 in Section 175, by deleting "In counties with 3,000,000 or
27 more inhabitants, only the published taxes, interest, and
28 costs as advertised in the sale shall be required to be paid
29 forthwith."; and
30 in Section 180, in the sentence beginning "The county
31 collector", by deleting "in all counties"; and
32 in Section 210, in the sentence that begins "The collector
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1 may charge", by deleting "and not more than $100 in counties
2 of 3,000,000 or more inhabitants"; and
3 in Section 215, in the sentence that begins, "The schedule or
4 schedules shall", by deleting "and $20 in counties with
5 3,000,000 or more inhabitants"; and
6 in Section 240, in subsection (a), in the sentence that
7 begins "The county board in each", by deleting ", and not
8 greater than $2,000,000 in counties with 3,000,000 or more
9 inhabitants"; and
10 by replacing Section 270 with the following:
11 "Section 270. Orders for payment of interest. The county
12 treasurer may determine in his or her discretion whether
13 payment of interest and costs shall be made as provided in
14 Section 275, 280, or 285. If the treasurer determines not to
15 make payment as provided in those Sections, the treasurer
16 shall pay any interest or costs awarded under this Section
17 pro rata from those accounts where the principal refund of
18 the tax sale purchase price under Section 275 is taken."; and
19 in Section 275, by deleting "Each person purchasing any
20 mobile home at a sale held under this Act in a county with
21 3,000,000 or more inhabitants shall pay to the county
22 collector, prior to the issuance of any certificate of
23 purchase, a fee of $15 for each item purchased."; and
24 in Section 335, by deleting "However, when a certificate of
25 purchase has been recorded in the office of the county
26 recorder by any city, incorporated town, or village with
27 1,000,000 or more inhabitants in which the mobile home is
28 situated, the recording of a certificate by the county clerk,
29 reciting the cancellation of the certificate of purchase on
30 the tax judgment, sale, redemption and forfeiture record,
31 shall operate as a release of the lien of the city,
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1 incorporated town, or village under the certificate of
2 purchase."; and
3 in Section 345, by deleting "In counties with 3,000,000 or
4 more inhabitants, if an order is entered setting aside a
5 redemption made within the time allowed by law after a
6 petition for tax certificate of title has been filed, the
7 holder of the certificate of purchase shall mail a copy of
8 the order within 7 days of entry of the order by registered
9 or certified mail to the county clerk, to the person who made
10 the redemption, and to all parties entitled to notice of the
11 petition under Section 370, 375, or 385."; and
12 in Section 370, by deleting the last sentence, which reads
13 "In counties with 3,000,000 or more inhabitants, the notice
14 shall also state the address, room number and time at which
15 the matter is set for hearing."; and
16 in Section 375, in the paragraph beginning "In counties of
17 3,000,000", by deleting "In counties of 3,000,000 or more
18 inhabitants where the petitioner is a petitioner for tax
19 certificate of title pursuant to Section 35, in lieu of
20 service by the sheriff or coroner, the notice may be served
21 by a process server. The taxing district may move prior to
22 filing one or more petitions for tax certificate of title for
23 appointment of such a special process server. The court, upon
24 being satisfied that the person named in the motion is at
25 least 18 years of age and is capable of serving notice as
26 required under this Act, shall enter an order appointing such
27 person as a special process server for a period of one year.
28 The appointment may be renewed for successive periods of one
29 year each by motion and order, and a copy of the original and
30 any subsequent order shall be filed in each tax certificate
31 of title case in which a notice is served by the appointed
32 person. Delivery of the notice to and service of the notice
33 by the special process server shall have the same force and
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1 effect as its delivery to and service by the sheriff or
2 coroner."; and
3 in Section 380, in the paragraph beginning, "If the mobile
4 home is located", in the sentence beginning "If the mobile
5 home is not in a municipality", by deleting "or if the mobile
6 home is in a county with 3,000,000 or more inhabitants,"; and
7 in Section 405, in the paragraph beginning "In cases of the
8 sale of a mobile home in counties with 3,000,000", by
9 deleting "In cases of the sale of a mobile home in counties
10 with 3,000,000 or more inhabitants, a tax certificate of
11 title may also be voided by the court upon petition, filed
12 not more than 3 months after an order for tax certificate of
13 title was entered, if the court finds that the mobile home
14 was owner occupied on the expiration date of the period of
15 redemption and that the order for certificate of title was
16 effectuated pursuant to a negligent or willful error made by
17 an employee of the county clerk or county collector during
18 the period of redemption from the sale that was reasonably
19 relied upon to the detriment of any person having a
20 redeemable interest. In such a case, the tax purchaser shall
21 be entitled to the original amount required to redeem the
22 mobile home plus interest from the sale as of the last date
23 of redemption together with costs actually expended
24 subsequent to the expiration of the period of redemption and
25 reasonable attorney's fees, all of which shall be dispensed
26 from the fund created by Section 235. In those cases of error
27 where the court vacates the tax certificate of title, it may
28 award the petitioner reasonable attorney's fees and court
29 costs actually expended, payable from that fund."; and
30 in Section 405, in the last sentence, by replacing "Act" with
31 "Code".