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Public Act 094-0412 |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing | ||||
Sections 20-115, 20-120, 20-165, and 21-295 as follows:
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(35 ILCS 200/20-115)
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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
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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
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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.
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(Source: Laws 1939, p. 886; P.A. 88-455.)
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(35 ILCS 200/20-120)
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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
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from sales and redemptions of forfeited property, and any other | ||||
county funds
that shall come into the collector's hands. All
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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
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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.
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(Source: Laws 1939, p. 886; P.A. 88-455.)
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(35 ILCS 200/20-165)
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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.
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(Source: P.A. 83-121; 88-455.)
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(35 ILCS 200/21-295)
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Sec. 21-295. Creation of indemnity fund.
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(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
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subsequent taxes are paid by the tax purchaser
and posted to
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the tax judgment, sale, redemption and forfeiture record where | ||
the underlying
certificate of purchase is recorded.
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(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,
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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.
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(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
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included in the amount
required to redeem under Section 21-355.
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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
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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
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Investment under Article 22A of the Illinois Pension Code. The | ||
county
collector shall report annually to the county clerk
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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.
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(Source: P.A. 91-564, eff. 8-14-99; 91-924, eff. 7-7-00.)
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Section 10. The Mobile Home Local Services Tax Enforcement | ||
Act is amended by changing Section 235 as follows:
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(35 ILCS 516/235)
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Sec. 235. Creation of indemnity fund.
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(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
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and posted to
the tax judgment, sale, redemption and forfeiture | ||
record where the underlying
certificate of purchase is | ||
recorded.
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(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.
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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
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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.
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(Source: P.A. 92-807, eff. 1-1-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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