HB3902 97TH GENERAL ASSEMBLY

LRB097 14205 HLH 58912 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3902

Introduced 12/11/2011, by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

10 ILCS 5/Art. 9 heading
10 ILCS 5/9-8.7 new
35 ILCS 200/21-220

Amends the Election Code. Provides that registered tax purchasers are prohibited from making campaign contributions to candidates for county treasurer in the county in which the tax purchaser is registered. Amends the Property Tax Code. Provides that tax purchasers in all counties must register with the county collector. Preempts the concurrent exercise of home rule powers. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE 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 Election Code is amended by changing the heading of Article 9 and by adding Section 9-8.7 as follows:

(10 ILCS 5/Art. 9 heading)

ARTICLE 9. DISCLOSURE , AND REGULATION , AND PROHIBITION OF

CAMPAIGN

CONTRIBUTIONS AND EXPENDITURES

(Source: P.A. 96-832, eff. 1-1-11.)

(10 ILCS 5/9-8.7 new)

Sec. 9-8.7. Campaign contributions from tax purchasers prohibited. It is unlawful for any tax purchaser who is registered under Section 21-220 of the Property Tax Code to make a campaign contribution to any candidate for county treasurer in the county in which the tax purchaser is registered. It is unlawful for any candidate for county treasurer to knowingly accept or receive any contribution prohibited by this Section.

Section 10. The Property Tax Code is amended by changing Section 21-220 as follows:

(35 ILCS 200/21-220)

Sec. 21-220. Letter of credit or bond in counties of 3,000,000 or more; registration in other counties. In counties with 3,000,000 or more inhabitants, no person shall make an offer to pay the amount due on any property and the collector shall not accept or acknowledge an offer from any person who has not, at least 10 business days prior to making the offer, registered with the county collector and deposited with the collector, not less than 10 days prior to making such offer, an irrevocable and unconditional letter of credit or such other unconditional bond payable to the order of the collector in an amount not less than 1.5 times the amount of any tax or special assessment due upon the property, provided that in no event shall the irrevocable and unconditional letter of credit or such other unconditional bond be in an amount less than $1,000. The collector may without notice draw upon the letter of credit or bond in the event payment of the amount due together with interest and costs thereon is not made forthwith by the person purchasing any property. At all times during the sale, any person making an offer or offers to pay the amount or amounts due on any properties shall maintain the letter of credit or bond with the collector in an amount not less than 1.5 times the amount due on the properties which he or she has purchased and for which he or she has not paid.

In counties with less than 3,000,000 inhabitants, unless the county board provides otherwise, no person shall be eligible to bid who did not register with the county collector at least 10 business days prior to the first day of sale authorized under Section 21-115. The registration must be accompanied by a deposit in an amount determined by the county collector, but not to exceed $250 in counties of less than 50,000 inhabitants or $500 in all other counties, which must be applied to the amount due on the properties that the registrant has purchased. If the registrant cannot participate in the tax sale, then he or she may notify the tax collector, no later than 5 business days prior to the sale, of the name of the substitute person who will participate in the sale in the registrant's place, and an additional deposit is not required for any such substitute person. If the registrant does not attend the sale, then the deposit is forfeited to the Tax Sale Automation Fund established under Section 21-245. If the registrant does attend the sale and attempts, but fails, to purchase any parcels offered for sale, then the deposit must be refunded to the registrant. Each county that does not impose a registration requirement on the effective date of this amendatory Act of the 97th General Assembly shall require registration under this Section beginning with the first tax sale to occur in the county not less than 12 months after the effective date of this amendatory Act of the 97th General Assembly.

A home rule unit may not conduct tax sales in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 95-537, eff. 8-28-07.)

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