Illinois General Assembly - Full Text of Public Act 094-0412
Illinois General Assembly

Previous General Assemblies

Public Act 094-0412


 

Public Act 0412 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0412
 
HB0973 Enrolled LRB094 07313 BDD 37471 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
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.

Effective Date: 8/2/2005