HB0973 94TH GENERAL ASSEMBLY

LRB094 07313 BDD 37471 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0973

Introduced 2/3/2005, by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

35 ILCS 200/20-115
35 ILCS 200/20-120
35 ILCS 200/20-165
35 ILCS 200/21-295
35 ILCS 516/235

Amends the Property Tax Code. Provides that the county collector may transmit the report of the amount of county taxes received to the county clerk in an electronic format. In a Section concerning accounts for the collector and treasurer, requires the each county clerk and county collector to keep, in written or electronic format, an account stating the amount of county tax to be collected, and the county tax received by him or her from sales and redemptions of forfeited property, and any other county funds that come into the collector's hands (now, each county clerk must keep the account with the county collector). Deletes provisions concerning procedures for the operation of the accounts. Provides that all persons paying money into the county treasury, for all purposes except the county taxes, must deposit the money with the treasurer (now, all persons paying money into the treasury must first obtain, from the county clerk, an order to the treasurer to collect the money). In a Section concerning the lists of errors and inability to collect, deletes a provision that the lists shall be verified by affidavit of the county collector. Amends the Property Tax Code and the Mobile Home Local Services Tax Enforcement Act in a Sections concerning the indemnity funds. Provides that the county collector shall report annually to the county clerk (now, the Circuit Court) on the condition and income of the fund. 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 Sections 20-115, 20-120, 20-165, and 21-295 as follows:

(35 ILCS 200/20-115)

Sec. 20-115. Report of taxes collected; credits. The county collector shall, on the first of every month, report to the county clerk, in writing, which may be transmitted electronically, the amount of county tax received during the preceding month. The county collector shall keep the account as collector of taxes separate from the account as county treasurer. He or she shall credit the account as collector with the amount of his or her monthly reports to the county clerk, and with the amount of bankruptcies, removals, errors, forfeitures, and other credits allowed him or her on settlement with the county board. As county treasurer, he or she shall charge himself or herself with the amount shown in his or her monthly report to the county clerk and such other amounts as may be received as county treasurer. The county board may examine the account and vouchers at any time, by committee or otherwise.

(Source: Laws 1939, p. 886; P.A. 88-455.)

(35 ILCS 200/20-120)

Sec. 20-120. Accounts for collector and treasurer. Each county clerk and county collector shall keep, in written or electronic format, an account stating with the county collector, charging him or her with the amount of county tax to be collected, and with the county tax received by him or her from sales and redemptions of forfeited property, and any other county funds that shall come into the collector's hands. All The county clerk shall credit the collector with the amounts ascertained as required in Section 20-115, charged to the county treasurer's account monthly and with the amount of county tax on bankruptcies, removals, errors, forfeited property, and other credits. The county clerks shall also keep a treasurer's account with the county treasurer of their counties. The treasurer shall be charged with the amount of money reported in the collector's monthly statements required by Section 20-115, and all amounts paid to the county treasurers from sources other than the county. It is the duty of all persons paying money into the county treasury, for all purposes except the county taxes, must deposit it with to first obtain from the county clerk an order to the treasurer to collect the money. The treasurer shall give duplicate receipts to the person paying, one to be countersigned by the county clerk and retained by the person paying and the other filed in the county treasurer's clerk's office. The amount shall be charged against the treasurer.

(Source: Laws 1939, p. 886; P.A. 88-455.)

(35 ILCS 200/20-165)

Sec. 20-165. List of errors and inability to collect. On or before the third Monday in December, annually, the county collector shall make out and file with the county clerk a detailed list of errors in assessment of property and errors in footing of tax books, giving in each case a description of the property, the valuation and amount of each tax and special assessment, and cause of error. The lists shall be verified by affidavit of the county collector. County collectors, in cases of removals and bankruptcies of taxpayers, may give the same cause for the inability to collect as sworn to by the township collectors, stating in their return that such was the statement made by the township collector, and that the tax still remains uncollected.

(Source: P.A. 83-121; 88-455.)

(35 ILCS 200/21-295)

Sec. 21-295. Creation of indemnity fund.

(a) In counties of less than 3,000,000 inhabitants, each person purchasing any property at a sale under this Code shall pay to the County Collector, prior to the issuance of any certificate of purchase, a fee of $20 for each item purchased. A like sum shall be paid for each year that all or a portion of subsequent taxes are paid by the tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record where the underlying certificate of purchase is recorded.

(a-5) In counties of 3,000,000 or more inhabitants, each person purchasing property at a sale under this Code shall pay to the County Collector a fee of $80 for each item purchased plus an additional sum equal to 5% of taxes, interest, and penalties paid by the purchaser, including the taxes, interest, and penalties paid under Section 21-240. In these counties, the certificate holder shall also pay to the County Collector a fee of $80 for each year that all or a portion of subsequent taxes are paid by the tax purchaser and posted to the tax judgment, sale, redemption, and forfeiture record, plus an additional sum equal to 5% of all subsequent taxes, interest, and penalties. The additional 5% fees are not required after December 31, 2006. The changes to this subsection made by this amendatory Act of the 91st General Assembly are not a new enactment, but declaratory of existing law.

(b) The amount paid prior to issuance of the certificate of purchase pursuant to subsection (a) or (a-5) shall be included in the purchase price of the property in the certificate of purchase and all amounts paid under this Section shall be included in the amount required to redeem under Section 21-355. Except as otherwise provided in subsection (b) of Section 21-300, all money received under subsection (a) or (a-5) shall be paid by the Collector to the County Treasurer of the County in which the land is situated, for the purpose of an indemnity fund. The County Treasurer, as trustee of that fund, shall invest all of that fund, principal and income, in his or her hands from time to time, if not immediately required for payments of indemnities under subsection (a) of Section 21-305, in investments permitted by the Illinois State Board of Investment under Article 22A of the Illinois Pension Code. The county collector shall report annually to the county clerk Circuit Court on the condition and income of the fund. The indemnity fund shall be held to satisfy judgments obtained against the County Treasurer, as trustee of the fund. No payment shall be made from the fund, except upon a judgment of the court which ordered the issuance of a tax deed.

(Source: P.A. 91-564, eff. 8-14-99; 91-924, eff. 7-7-00.)

Section 10. The Mobile Home Local Services Tax Enforcement Act is amended by changing Section 235 as follows:

(35 ILCS 516/235)

Sec. 235. Creation of indemnity fund.

(a) Each person purchasing any mobile home at a sale under this Act shall pay to the county collector, prior to the issuance of any certificate of purchase, a fee of $20 for each item purchased. A like sum shall be paid for each year that all or a portion of subsequent taxes are paid by the tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record where the underlying certificate of purchase is recorded.

(b) The amount paid prior to issuance of the certificate of purchase pursuant to subsection (a) shall be included in the purchase price of the mobile home in the certificate of purchase and all amounts paid under this Section shall be included in the amount required to redeem under Section 300. Except as otherwise provided in subsection (b) of Section 240, all money received under subsection (a) shall be paid by the collector to the county treasurer of the county in which the mobile home is situated, for the purpose of an indemnity fund. The county treasurer, as trustee of that fund, shall invest all of that fund, principal and income, in his or her hands from time to time, if not immediately required for payments of indemnities under subsection (a) of Section 245, in investments permitted by the Illinois State Board of Investment under Article 22A of the Illinois Pension Act. The county collector shall report annually to the county clerk circuit court on the condition and income of the fund. The indemnity fund shall be held to satisfy judgments obtained against the county treasurer, as trustee of the fund. No payment shall be made from the fund, except upon a judgment of the court which ordered the issuance of a tax certificate of title.

(Source: P.A. 92-807, eff. 1-1-03.)

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