Illinois General Assembly - Full Text of HB2163
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Full Text of HB2163  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/7/2023, by Rep. Margaret Croke


35 ILCS 200/21-295

    Amends the Property Tax Code. In provisions concerning the indemnity fund, provides that the tax purchaser shall pay to the county collector an additional amount equal to 2.5% of the amount of any subsequent taxes on the property that are paid by the tax purchaser. Effective immediately.

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HB2163LRB103 06058 HLH 51088 b

1    AN ACT concerning revenue.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Property Tax Code is amended by changing
5Section 21-295 as follows:
6    (35 ILCS 200/21-295)
7    Sec. 21-295. Creation of indemnity fund.
8    (a) In counties of less than 3,000,000 inhabitants, each
9person purchasing any property at a sale under this Code shall
10pay to the County Collector, prior to the issuance of any
11certificate of purchase, an indemnity fee set by the county
12collector of not more than $20 for each item purchased. A like
13sum shall be paid for each year that all or a portion of
14subsequent taxes are paid by the tax purchaser and posted to
15the tax judgment, sale, redemption and forfeiture record where
16the underlying certificate of purchase is recorded.
17    (a-5) In counties of 3,000,000 or more inhabitants, each
18person purchasing property at a sale under this Code shall pay
19to the County Collector:
20        (1) a nonrefundable fee of $80 for each item
21    purchased;
22        (2) plus an additional sum equal to 5% of the taxes,
23    interest, and penalties paid under Section 21-240; .



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1        (3) In these counties, the certificate holder shall
2    also pay to the County Collector a fee of $80 for each year
3    that all or a portion of subsequent taxes are paid by the
4    tax purchaser and posted to the tax judgment, sale,
5    redemption, and forfeiture record; and .
6        (4) for tax sales that occur on or after the effective
7    date of this amendatory Act of the 103rd General Assembly,
8    an additional sum equal to 2.5% of the amount of any
9    subsequent taxes on the property that are paid by the tax
10    purchaser and posted to the tax judgment, sale,
11    redemption, and forfeiture record.
12    The changes to this subsection made by this amendatory Act
13of the 91st General Assembly are not a new enactment, but
14declaratory of existing law.
15    (b) The amount paid prior to issuance of the certificate
16of purchase pursuant to subsection (a) or (a-5) shall be
17included in the purchase price of the property in the
18certificate of purchase and all amounts paid under this
19Section shall be included in the amount required to redeem
20under Section 21-355, except for the nonrefundable $80 fee for
21each item purchased at the tax sale as provided in this
22Section. Except as otherwise provided in subsection (b) of
23Section 21-300, all money received under subsection (a) or
24(a-5) shall be paid by the Collector to the County Treasurer of
25the County in which the land is situated, for the purpose of an
26indemnity fund. The County Treasurer, as trustee of that fund,



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1shall invest all of that fund, principal and income, in his or
2her hands from time to time, if not immediately required for
3payments of indemnities under subsection (a) of Section
421-305, in investments permitted by the Illinois State Board
5of Investment under Article 22A of the Illinois Pension Code.
6The county collector shall report annually to the county clerk
7on the condition and income of the fund. The indemnity fund
8shall be held to satisfy judgments obtained against the County
9Treasurer, as trustee of the fund. No payment shall be made
10from the fund, except upon a judgment of the court which
11ordered the issuance of a tax deed.
12(Source: P.A. 100-1070, eff. 1-1-19; 101-659, eff. 3-23-21.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.