Full Text of SB0585 100th General Assembly
SB0585enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Sections 21-205, 21-245, 21-295, and 21-330 as follows:
| 6 | | (35 ILCS 200/21-205)
| 7 | | Sec. 21-205. Tax sale procedures. | 8 | | (a) The collector, in person or by deputy,
shall attend, on | 9 | | the day and in the place specified in the notice for the sale
| 10 | | of property for taxes, and shall, between 9:00 a.m. and 4:00 | 11 | | p.m., or later at
the collector's discretion, proceed to offer | 12 | | for sale, separately and in
consecutive order, all property in | 13 | | the list on which the taxes, special
assessments, interest or | 14 | | costs have not been paid. However, in any county with
3,000,000 | 15 | | or more inhabitants, the offer for sale shall be made between | 16 | | 8:00
a.m. and 8:00 p.m. The collector's office shall be kept | 17 | | open during all hours
in which the sale is in progress. The | 18 | | sale shall be continued from day to day,
until all property in | 19 | | the delinquent list has been offered for sale. However,
any | 20 | | city, village or incorporated town interested in the collection | 21 | | of any tax
or special assessment, may, in default of bidders, | 22 | | withdraw from collection the
special assessment levied against | 23 | | any property by the corporate authorities of
the city, village |
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| 1 | | or incorporated town. In case of a withdrawal, there shall be
| 2 | | no sale of that property on account of the delinquent special | 3 | | assessment
thereon.
| 4 | | (b) Until January 1, 2013, in every sale of property | 5 | | pursuant to the provisions of this Code, the collector may | 6 | | employ any automated means that the collector deems | 7 | | appropriate. Beginning on January 1, 2013, either (i) the | 8 | | collector shall employ an automated bidding system that is | 9 | | programmed to accept the lowest redemption price bid by an | 10 | | eligible tax purchaser, subject to the penalty percentage | 11 | | limitation set forth in Section 21-215, or (ii) all tax sales | 12 | | shall be digitally recorded with video and audio. All bidders | 13 | | are required to personally attend the sale and, if automated | 14 | | means are used, all hardware and software used with respect to | 15 | | those automated means must be certified by the Department and | 16 | | re-certified by the Department every 5 years. If the tax sales | 17 | | are digitally recorded and no automated bidding system is used, | 18 | | then the recordings shall be maintained by the collector for a | 19 | | period of at least 3 years from the date of the tax sale. The | 20 | | changes made by this amendatory Act of the 94th General | 21 | | Assembly are declarative of existing law.
| 22 | | (c) County collectors may, when applicable, eject tax | 23 | | bidders who disrupt the tax sale or use illegal bid practices. | 24 | | (Source: P.A. 97-557, eff. 7-1-12; 97-1125, eff. 8-28-12.)
| 25 | | (35 ILCS 200/21-245)
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| 1 | | Sec. 21-245. Automation fee. In all counties, each person | 2 | | purchasing any property at a sale under this Code, shall pay to | 3 | | the county collector, prior to the issuance of any tax | 4 | | certificate, an automation fee set by the county collector of | 5 | | not more than $10 for each item purchased. A like sum shall be | 6 | | paid for each year that all or a portion of the subsequent | 7 | | taxes are paid by a tax purchaser and posted to the tax | 8 | | judgment, sale, redemption and forfeiture record where the | 9 | | underlying certificate is recorded. The county collector in all | 10 | | counties may
assess to the purchaser of property for delinquent | 11 | | taxes an automation fee of
not more than $10 per parcel. In | 12 | | counties with less than 3,000,000
inhabitants:
| 13 | | (a) The fee shall be paid at the time of the purchase if | 14 | | the record keeping
system used for processing the delinquent | 15 | | property tax sales is automated or
has been approved for | 16 | | automation by the county board. The fee shall be
collected in | 17 | | the same manner as other fees or costs.
| 18 | | (b) Fees collected under this Section shall be retained by | 19 | | the county
treasurer in a fund designated as the Tax Sale | 20 | | Automation Fund. The fund shall
be audited by the county | 21 | | auditor. The county board, with the approval of the
county | 22 | | treasurer, shall make expenditures from
the fund (1) to pay any | 23 | | costs related to the automation of property tax
collections
and | 24 | | delinquent property tax sales, including the cost of hardware, | 25 | | software,
research and development, and personnel
and (2) to | 26 | | defray the cost of providing electronic access to property tax
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| 1 | | collection
records and delinquent tax sale records.
| 2 | | (Source: P.A. 93-415, eff. 8-5-03.)
| 3 | | (35 ILCS 200/21-295)
| 4 | | Sec. 21-295. Creation of indemnity fund.
| 5 | | (a) In counties of less than 3,000,000 inhabitants, each | 6 | | person
purchasing any property at a sale under this Code shall | 7 | | pay
to the County Collector, prior to the issuance of any | 8 | | certificate of purchase,
an indemnity a fee set by the county | 9 | | collector of not more than $20 for each item purchased. A like | 10 | | sum shall be paid for each year
that all or a portion of
| 11 | | subsequent taxes are paid by the tax purchaser
and posted to
| 12 | | the tax judgment, sale, redemption and forfeiture record where | 13 | | the underlying
certificate of purchase is recorded.
| 14 | | (a-5) In counties of 3,000,000 or more inhabitants, each | 15 | | person purchasing
property at a
sale under this Code shall pay | 16 | | to the County Collector a
fee of $80
for each item purchased | 17 | | plus an additional sum equal to 5% of taxes,
interest, and | 18 | | penalties paid by the purchaser, including the taxes,
interest, | 19 | | and penalties paid
under Section 21-240. In these counties, the | 20 | | certificate holder shall also pay
to the County Collector a fee | 21 | | of $80 for each year that all or a portion of
subsequent taxes | 22 | | are paid by the tax purchaser and posted to the tax judgment,
| 23 | | sale, redemption, and forfeiture record, plus an additional sum | 24 | | equal to 5% of
all subsequent taxes, interest, and penalties. | 25 | | The additional 5% fees are not required after December 31, |
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| 1 | | 2006.
The changes to this subsection made by this amendatory | 2 | | Act of the 91st
General Assembly are not a new enactment, but | 3 | | declaratory of existing law.
| 4 | | (b) The amount paid prior to issuance of the certificate of | 5 | | purchase
pursuant to subsection (a) or (a-5) shall be included | 6 | | in the purchase price of
the property in the
certificate of | 7 | | purchase and all amounts paid under this Section shall be
| 8 | | included in the amount
required to redeem under Section 21-355.
| 9 | | Except as otherwise provided in subsection (b) of Section | 10 | | 21-300, all
money received under subsection (a) or (a-5) shall | 11 | | be paid by the Collector
to the
County Treasurer of the County | 12 | | in which the land is situated, for the purpose
of an indemnity | 13 | | fund. The County Treasurer, as trustee of that fund, shall
| 14 | | invest all of that fund, principal and income, in his or her | 15 | | hands from time to
time, if not immediately required for | 16 | | payments of indemnities under subsection
(a) of Section 21-305, | 17 | | in investments permitted by the Illinois State Board of
| 18 | | Investment under Article 22A of the Illinois Pension Code. The | 19 | | county
collector shall report annually to the county clerk on | 20 | | the condition and
income of the fund. The indemnity fund shall | 21 | | be held to satisfy judgments
obtained against the County | 22 | | Treasurer, as trustee of the fund. No payment shall
be made | 23 | | from the fund, except upon a judgment of the court which | 24 | | ordered the
issuance of a tax deed.
| 25 | | (Source: P.A. 94-412, eff. 8-2-05.)
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| 1 | | (35 ILCS 200/21-330)
| 2 | | Sec. 21-330. Fund for payment of interest. In all counties | 3 | | of less than 3,000,000 inhabitants, the county board, by | 4 | | resolution, may impose a fee for payment of interest and costs. | 5 | | Each person purchasing any property at a sale under this Code | 6 | | shall pay to the county collector, prior to the issuance of any | 7 | | certificate of purchase, a fee of up to $60 for each item | 8 | | purchased. In counties of under 3,000,000
inhabitants, the | 9 | | county board may impose a fee of up to $60, which shall be
paid
| 10 | | to the county collector, upon each person purchasing any | 11 | | property at a sale
held under this Code, prior to the issuance | 12 | | of any certificate of purchase.
Each person purchasing
any
| 13 | | property at a sale held under this Code in a county with | 14 | | 3,000,000 or more
inhabitants shall pay to the county | 15 | | collector,
prior to the issuance of any certificate of | 16 | | purchase, a fee of $100 for each
item purchased. That amount | 17 | | shall be included in the
price paid for the certificate of | 18 | | purchase and the amount required to redeem
under Section | 19 | | 21-355.
| 20 | | All sums of money received under this Section shall be paid | 21 | | by the
collector to the county treasurer of the county in which | 22 | | the property is
situated for deposit into a special fund. It
| 23 | | shall be the duty of the county treasurer, as trustee of the | 24 | | fund, to
invest the principal and income of the fund from time | 25 | | to time, if not
immediately required for payments under this | 26 | | Section, in investments as are
authorized by Sections 3-10009 |
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| 1 | | and 3-11002 of the Counties Code. The fund
shall be held to pay | 2 | | interest and costs
by the county treasurer as trustee of the | 3 | | fund. No payment shall be made
from the fund except by order of | 4 | | the court declaring a sale in error under
Section 21-310, | 5 | | 22-35, or 22-50
or by declaration of the county collector under | 6 | | subsection (c) of Section
21-310.
Any moneys accumulated in the | 7 | | fund by the county treasurer in excess of (i) $100,000 in | 8 | | counties with 250,000 or less inhabitants or (ii) $500,000 in | 9 | | counties with more than 250,000 inhabitants shall be paid each | 10 | | year prior to the commencement of the
annual tax sale, first to | 11 | | satisfy
any existing unpaid judgments entered pursuant to | 12 | | Section 21-295, and any funds
remaining thereafter shall be | 13 | | paid to the general fund of the county.
| 14 | | (Source: P.A. 94-362, eff. 7-29-05.)
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