91st General Assembly
Summary of HB2086
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House Sponsors:

Short description: 
PROP TX-REDEMPTION INDEMNITY                                               

Synopsis of Bill as introduced:
        Amends the Property Tax  Code.   Provides  that  in  counties  of      
   3,000,000  or  more  inhabitants,  each  person purchasing taxes at an      
   annual or forfeiture sale shall pay the county collector a fee of  10%      
   on  the  taxes  paid.  Provides that the certificate holder shall also      
   pay a fee of 10% on all subsequent taxes paid on  the  tax  judgement,      
   sale,  redemption, and forfeiture record.  Provides that these amounts      
   paid before the issuance of  the  certificate  of  purchase  shall  be      
   included  in  the purchase price and redemption amount.  Provides that      
   in these counties, if an order sets aside a  redemption,  then  notice      
   must  be  given to the clerk and interested parties and the due amount      
   may be paid within 30 days of the order.  Provides that if the  amount      
   is  paid  within  this  30-day  period, then the court shall order the      
   taxes paid as if timely redeemed.  Makes other changes.                     
          FISCAL NOTE (Department of Revenue)                                  
          HB2086 is a local gov't. issue and does not directly impact          
          the Department.                                                      
          HOME RULE NOTE (Dept. of Commerce and Community Affairs)             
          Does not preempt home rule power of municipalities or counties.      
          STATE MANDATES NOTE (Dept. of Commerce and Community Affairs)        
          Creates a due process mandate for which no State reimbursement       
          is required.                                                         
        HOUSE AMENDMENT NO. 3.                                                 
          Adds reference to:                                                   
          35 ILCS 200/21-306 new                                               
          35 ILCS 200/22-40                                                    
        Deletes everything. Amends the Property Tax Code. Provides that        
   any owner of property who sustains loss or damage by reason of the          
   issuance of certain tax deeds and who is barred or is in any way pre-       
   cluded from bringing an action for the recovery of the property shall       
   have a limited right to indemnity for the loss or damage sustained.         
   Provides that a contract involving the proceeds of a judgment for in-       
   demnity between the tax deed grantee or its successors in title and         
   the indemnity petitioner or his or her successors shall be in writing.      
   Provides that in actions for payment under the indemnity fund, the          
   Collector shall be entitled to discovery of certain information. Pro-       
   vides that an indemnity fund award may not exceed $99,000. Creates the      
   offense of indemnity fund fraud as a Class A misdemeanor for the com-       
   mission of one act and as a Class 4 felony for the commission of more       
   than one act or for subsequent convictions. Provides that after an          
   order is entered setting aside a redemption, a person entitled to re-       
   deem may pay the clerk within 30 days (instead of 45) after the order.      
   Provides that if taxes for years prior to the year sold remain delin-       
   quent at the time of the tax deed hearing, then the delinquent taxes        
   may be merged into the tax deed upon certain court determinations.          
   Makes other changes.                                                        
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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