SB1710 97TH GENERAL ASSEMBLY

LRB097 08478 HLH 48605 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1710

Introduced 2/9/2011, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

35 ILCS 200/21-205
35 ILCS 200/21-215

Amends the Property Tax Code. Provides that all tax sales that are not conducted using automated means shall be videotaped. In a Section concerning penalty bids, provides that the collector may, at his or her discretion, declare the taxes forfeited if multiple simultaneous bids of the same percentage are made and those bids are the lowest. Provides that, if there are multiple bids for 0%, then the collector shall randomly select one of the bidders to be the purchaser of the property. Provides that, during the sale, each bidder's penalty percentage shall be disclosed to the other bidders. Provides that bidders shall have the opportunity to reduce their bids during the sale after previous bids have been disclosed. Provides that a record of the winning bid and the name of the tax purchaser shall be open to public inspection.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 21-205 and 21-215 as follows:

(35 ILCS 200/21-205)

Sec. 21-205. Tax sale procedures. The collector, in person or by deputy, shall attend, on the day and in the place specified in the notice for the sale of property for taxes, and shall, between 9:00 a.m. and 4:00 p.m., or later at the collector's discretion, proceed to offer for sale, separately and in consecutive order, all property in the list on which the taxes, special assessments, interest or costs have not been paid. However, in any county with 3,000,000 or more inhabitants, the offer for sale shall be made between 8:00 a.m. and 8:00 p.m. The collector's office shall be kept open during all hours in which the sale is in progress. The sale shall be continued from day to day, until all property in the delinquent list has been offered for sale. However, any city, village or incorporated town interested in the collection of any tax or special assessment, may, in default of bidders, withdraw from collection the special assessment levied against any property by the corporate authorities of the city, village or incorporated town. In case of a withdrawal, there shall be no sale of that property on account of the delinquent special assessment thereon.

In every sale of property pursuant to the provisions of this Code, the collector may employ any automated means that the collector deems appropriate, provided that bidders are required to personally attend the sale and the automated means must be certified by the Department. On and after the effective date of this amendatory Act of the 97th General Assembly, all tax sales shall be videotaped with audio. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law.

(Source: P.A. 94-922, eff. 1-1-07.)

(35 ILCS 200/21-215)

Sec. 21-215. Penalty bids. The person at the sale offering to pay the amount due on each property for the least penalty percentage shall be the purchaser of that property. No bid shall be accepted for a penalty exceeding 18% of the amount of the tax or special assessment on property. The collector may, at his or her discretion, declare the taxes forfeited if multiple simultaneous bids of the same percentage are made and subsequent lower bids are not made. However, if there are multiple bids for 0%, then the collector shall randomly select one of the bidders to be the purchaser of the property. During the sale, each bidder's percentage shall be disclosed to the other bidders. Bidders shall have the opportunity to reduce their bids during the sale after other bids have been disclosed. At the conclusion of the sale, a record of the winning bid and the name of the tax purchaser shall be open to public inspection.

(Source: P.A. 86-1431; 86-1480; 88-455.)