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.


LRB097 14205 HLH 58912 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3902LRB097 14205 HLH 58912 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 Election Code is amended by changing the
5heading of Article 9 and by adding Section 9-8.7 as follows:
 
6    (10 ILCS 5/Art. 9 heading)
7
ARTICLE 9. DISCLOSURE , AND REGULATION , AND PROHIBITION OF
8
CAMPAIGN
9
CONTRIBUTIONS AND EXPENDITURES
10(Source: P.A. 96-832, eff. 1-1-11.)
 
11    (10 ILCS 5/9-8.7 new)
12    Sec. 9-8.7. Campaign contributions from tax purchasers
13prohibited. It is unlawful for any tax purchaser who is
14registered under Section 21-220 of the Property Tax Code to
15make a campaign contribution to any candidate for county
16treasurer in the county in which the tax purchaser is
17registered. It is unlawful for any candidate for county
18treasurer to knowingly accept or receive any contribution
19prohibited by this Section.
 
20    Section 10. The Property Tax Code is amended by changing
21Section 21-220 as follows:
 

 

 

HB3902- 2 -LRB097 14205 HLH 58912 b

1    (35 ILCS 200/21-220)
2    Sec. 21-220. Letter of credit or bond in counties of
33,000,000 or more; registration in other counties. In counties
4with 3,000,000 or more inhabitants, no person shall make an
5offer to pay the amount due on any property and the collector
6shall not accept or acknowledge an offer from any person who
7has not, at least 10 business days prior to making the offer,
8registered with the county collector and deposited with the
9collector, not less than 10 days prior to making such offer, an
10irrevocable and unconditional letter of credit or such other
11unconditional bond payable to the order of the collector in an
12amount not less than 1.5 times the amount of any tax or special
13assessment due upon the property, provided that in no event
14shall the irrevocable and unconditional letter of credit or
15such other unconditional bond be in an amount less than $1,000.
16The collector may without notice draw upon the letter of credit
17or bond in the event payment of the amount due together with
18interest and costs thereon is not made forthwith by the person
19purchasing any property. At all times during the sale, any
20person making an offer or offers to pay the amount or amounts
21due on any properties shall maintain the letter of credit or
22bond with the collector in an amount not less than 1.5 times
23the amount due on the properties which he or she has purchased
24and for which he or she has not paid.
25    In counties with less than 3,000,000 inhabitants, unless

 

 

HB3902- 3 -LRB097 14205 HLH 58912 b

1the county board provides otherwise, no person shall be
2eligible to bid who did not register with the county collector
3at least 10 business days prior to the first day of sale
4authorized under Section 21-115. The registration must be
5accompanied by a deposit in an amount determined by the county
6collector, but not to exceed $250 in counties of less than
750,000 inhabitants or $500 in all other counties, which must be
8applied to the amount due on the properties that the registrant
9has purchased. If the registrant cannot participate in the tax
10sale, then he or she may notify the tax collector, no later
11than 5 business days prior to the sale, of the name of the
12substitute person who will participate in the sale in the
13registrant's place, and an additional deposit is not required
14for any such substitute person. If the registrant does not
15attend the sale, then the deposit is forfeited to the Tax Sale
16Automation Fund established under Section 21-245. If the
17registrant does attend the sale and attempts, but fails, to
18purchase any parcels offered for sale, then the deposit must be
19refunded to the registrant. Each county that does not impose a
20registration requirement on the effective date of this
21amendatory Act of the 97th General Assembly shall require
22registration under this Section beginning with the first tax
23sale to occur in the county not less than 12 months after the
24effective date of this amendatory Act of the 97th General
25Assembly.
26    A home rule unit may not conduct tax sales in a manner that

 

 

HB3902- 4 -LRB097 14205 HLH 58912 b

1is inconsistent with this Section. This Section is a limitation
2under subsection (i) of Section 6 of Article VII of the
3Illinois Constitution on the concurrent exercise by home rule
4units of powers and functions exercised by the State.
5(Source: P.A. 95-537, eff. 8-28-07.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.