Public Act 096-1067
 
HB5158 EnrolledLRB096 16487 HLH 31757 b


  
    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 21-355 as follows:
 



    (35 ILCS 200/21-355)



    Sec. 21-355. Amount of redemption. Any person desiring to 
redeem shall
deposit an amount specified in this Section with 
the county clerk of the
county in which the property is 
situated,
in legal money of the United States, or by cashier's 
check, certified check,
post office money order or money order 
issued by a financial institution
insured by an agency or 
instrumentality of the United States, payable to the
county 
clerk of the proper county.  The deposit shall be deemed timely 
only
if actually received in person at the county clerk's 
office prior to the close
of business as defined in Section 
3-2007 of the Counties Code on or before the
expiration of the 
period of redemption or by United
States mail with a post 
office cancellation mark dated not less than one day
prior to 
the expiration of the period of redemption.  The deposit shall

be
in an amount equal to the total of the
following:


        (a) the certificate amount, which shall include all tax 
    principal,
special assessments, interest and penalties 
    paid by the tax purchaser together
with costs and fees of 
    sale and fees paid under Sections 21-295 and 21-315
through 
    21-335;


        (b) the accrued penalty, computed through the date of 
    redemption as a
percentage of the certificate amount, as 
    follows:


            (1) if the redemption occurs on or before the 
        expiration of  6 months
from the date of sale, the 
        certificate amount times the penalty bid at sale;


            (2) if the redemption occurs after 6 months from 
        the date of sale,
and on or before the expiration of 12 
        months from the date of sale, the
certificate amount 
        times 2 times the penalty bid at sale;


            (3) if the redemption occurs after 12 months from 
        the date of sale
and on or before the expiration of 18 
        months from the date of sale, the
certificate amount 
        times 3 times the penalty bid at sale;


            (4) if the redemption occurs after 18 months from 
        the date
of sale and on or before the expiration of 24 
        months from the date of sale,
the certificate amount 
        times 4 times the penalty bid at sale;


            (5) if the redemption occurs after 24 months from 
        the date of sale
and on or before the expiration of 30 
        months from the date of sale, the
certificate amount 
        times 5 times the penalty bid at sale;


            (6) if the redemption occurs after 30 months from 
        the date of sale
and on or before the expiration of 36 
        months from the date of sale, the
certificate amount 
        times 6 times the penalty bid at sale.


            In the event that the property to be redeemed has 
        been purchased
under Section 21-405, the penalty bid 
        shall be 12% per penalty
period as set forth in 
        subparagraphs (1) through (6) of this subsection (b).

        The changes to this subdivision (b)(6) made by this 
        amendatory Act of the
91st General Assembly are not a 
        new enactment, but declaratory of existing
law.


        (c) The total of all taxes, special assessments, 
    accrued interest on those
taxes and special assessments and 
    costs charged in connection with the payment
of those taxes 
    or special assessments, which have been paid by the tax

    certificate holder on or after the date those taxes or 
    special assessments
became delinquent together with 12% 
    penalty on each amount so paid for each
year or portion 
    thereof intervening between the date of that payment and 
    the
date of redemption.
In counties with less than 
    3,000,000 inhabitants, however, a tax certificate
holder 
    may not pay
all or part of an installment of a subsequent 
    tax or special assessment for any
year, nor shall any

    tender of such a payment be accepted, until after the 
    second or final
installment
of the subsequent tax or 
    special assessment has become delinquent
or until after the

    holder of the certificate of purchase has filed a petition 
    for a tax deed under
Section 22.30.
 The person
redeeming 
    shall also pay the amount of interest charged on the 
    subsequent tax
or special assessment and paid as a penalty 
    by the tax certificate holder.
 This amendatory Act of
1995 
    applies to tax years beginning with the 1995 taxes, payable 
    in 1996, and
thereafter.


        (d) Any amount paid to redeem a forfeiture occurring 
    subsequent to the
tax sale together with 12% penalty 
    thereon for each year or portion thereof
intervening 
    between the date of the forfeiture redemption and the date 
    of
redemption from the sale.


        (e) Any amount paid by the certificate holder for 
    redemption of a
subsequently occurring tax sale.


        (f) All fees paid to the county clerk under Section 
    22-5.


        (g) All fees paid to the registrar of titles incident 
    to registering
the tax certificate in compliance with the 
    Registered Titles (Torrens) Act.


        (h) All fees paid to the circuit clerk and the sheriff, 
    a licensed or registered private detective, or the
coroner 
    in connection with the filing of the petition for tax deed 
    and
service of notices under Sections 22-15 through 22-30 
    and 22-40 in addition to
(1) a fee of $35 if a petition for 
    tax deed has been filed, which fee shall
be posted to the 
    tax judgement, sale, redemption, and forfeiture record, to 
    be
paid to the purchaser or his or her assignee; (2) a fee 
    of $4 if a notice under
Section 22-5 has been filed, which 
    fee shall be posted
to the tax judgment, sale, redemption, 
    and forfeiture record, to be paid to
the purchaser or his 
    or her assignee; (3) all costs paid to record a
lis pendens 
    notice in connection with filing a petition under this 
    Code; and (4) if a petition for tax deed has been filed, 
    all fees up to $150 per redemption paid to a registered or 
    licensed title insurance company or title insurance agent 
    for a title search to identify all owners, parties 
    interested, and occupants of the property, to be paid to 
    the purchaser or his or her assignee.
The fees in (1) and 
    (2) of this paragraph (h) shall be exempt from the posting

    requirements of Section 21-360. The  costs incurred in 
    causing notices to be served by a licensed or registered 
    private detective under Section 22-15, may not exceed the 
    amount that the sheriff would be authorized by law to 
    charge if those notices had been served by the sheriff.


        (i) All fees paid for publication of notice of the tax 
    sale in
accordance with Section 22-20.


        (j) All sums paid to any city, village or incorporated 
    town for
reimbursement under Section 22-35.


        (k) All costs and expenses of receivership under 
    Section 21-410, to the
extent that these costs and expenses 
    exceed any income from the property in
question, if the 
    costs and expenditures have been approved by the court

    appointing the receiver and a certified copy of the order 
    or approval is filed
and posted by the certificate holder 
    with the county clerk.  Only actual costs
expended may be 
    posted on the tax judgment, sale, redemption and forfeiture

    record.

(Source: P.A. 95-195, eff. 1-1-08; 96-231, eff. 1-1-10.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2011.