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Full Text of SB0585  100th General Assembly

SB0585 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0585

 

Introduced 1/24/2017, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/21-245
35 ILCS 200/21-295
35 ILCS 200/21-330

    Amends the Property Tax Code. Provides that each tax purchaser shall pay to the county collector an automation fee set by the county collector of not more than $10 for each item purchased (currently, each county collector may assess such a fee). Provides that the indemnity fee in counties with less than 3,000,000 inhabitants shall be not more than $20 (currently, the fee is $20). Makes changes concerning the fee imposed by the county board on each person purchasing property at a sale under the Code for payment of interest and costs.


LRB100 04129 HLH 14134 b

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

 

 

A BILL FOR

 

SB0585LRB100 04129 HLH 14134 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 Property Tax Code is amended by changing
5Sections 21-245, 21-295, and 21-330 as follows:
 
6    (35 ILCS 200/21-245)
7    Sec. 21-245. Automation fee. In all counties, each person
8purchasing any property at a sale under this Code, shall pay to
9the county collector, prior to the issuance of any tax
10certificate, an automation fee set by the county collector of
11not more than $10 for each item purchased. A like sum shall be
12paid for each year that all or a portion of the subsequent
13taxes are paid by a tax purchaser and posted to the tax
14judgment, sale, redemption and forfeiture record where the
15underlying certificate is recorded. The county collector in all
16counties may assess to the purchaser of property for delinquent
17taxes an automation fee of not more than $10 per parcel. In
18counties with less than 3,000,000 inhabitants:
19    (a) The fee shall be paid at the time of the purchase if
20the record keeping system used for processing the delinquent
21property tax sales is automated or has been approved for
22automation by the county board. The fee shall be collected in
23the same manner as other fees or costs.

 

 

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1    (b) Fees collected under this Section shall be retained by
2the county treasurer in a fund designated as the Tax Sale
3Automation Fund. The fund shall be audited by the county
4auditor. The county board, with the approval of the county
5treasurer, shall make expenditures from the fund (1) to pay any
6costs related to the automation of property tax collections and
7delinquent property tax sales, including the cost of hardware,
8software, research and development, and personnel and (2) to
9defray the cost of providing electronic access to property tax
10collection records and delinquent tax sale records.
11(Source: P.A. 93-415, eff. 8-5-03.)
 
12    (35 ILCS 200/21-295)
13    Sec. 21-295. Creation of indemnity fund.
14    (a) In counties of less than 3,000,000 inhabitants, each
15person purchasing any property at a sale under this Code shall
16pay to the County Collector, prior to the issuance of any
17certificate of purchase, an indemnity a fee set by the county
18collector of not more than $20 for each item purchased. A like
19sum shall be paid for each year that all or a portion of
20subsequent taxes are paid by the tax purchaser and posted to
21the tax judgment, sale, redemption and forfeiture record where
22the underlying certificate of purchase is recorded.
23    (a-5) In counties of 3,000,000 or more inhabitants, each
24person purchasing property at a sale under this Code shall pay
25to the County Collector a fee of $80 for each item purchased

 

 

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1plus an additional sum equal to 5% of taxes, interest, and
2penalties paid by the purchaser, including the taxes, interest,
3and penalties paid under Section 21-240. In these counties, the
4certificate holder shall also pay to the County Collector a fee
5of $80 for each year that all or a portion of subsequent taxes
6are paid by the tax purchaser and posted to the tax judgment,
7sale, redemption, and forfeiture record, plus an additional sum
8equal to 5% of all subsequent taxes, interest, and penalties.
9The additional 5% fees are not required after December 31,
102006. The changes to this subsection made by this amendatory
11Act of the 91st General Assembly are not a new enactment, but
12declaratory of existing law.
13    (b) The amount paid prior to issuance of the certificate of
14purchase pursuant to subsection (a) or (a-5) shall be included
15in the purchase price of the property in the certificate of
16purchase and all amounts paid under this Section shall be
17included in the amount required to redeem under Section 21-355.
18Except as otherwise provided in subsection (b) of Section
1921-300, all money received under subsection (a) or (a-5) shall
20be paid by the Collector to the County Treasurer of the County
21in which the land is situated, for the purpose of an indemnity
22fund. The County Treasurer, as trustee of that fund, shall
23invest all of that fund, principal and income, in his or her
24hands from time to time, if not immediately required for
25payments of indemnities under subsection (a) of Section 21-305,
26in investments permitted by the Illinois State Board of

 

 

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1Investment under Article 22A of the Illinois Pension Code. The
2county collector shall report annually to the county clerk on
3the condition and income of the fund. The indemnity fund shall
4be held to satisfy judgments obtained against the County
5Treasurer, as trustee of the fund. No payment shall be made
6from the fund, except upon a judgment of the court which
7ordered the issuance of a tax deed.
8(Source: P.A. 94-412, eff. 8-2-05.)
 
9    (35 ILCS 200/21-330)
10    Sec. 21-330. Fund for payment of interest. In all counties
11of less than 3,000,000 inhabitants, the county board, by
12resolution, may impose a fee for payment of interest and costs.
13Each person purchasing any property at a sale under this Code,
14shall pay to the county collector, prior to the issuance of any
15certificate of purchase, a fee of up to $60 for each item
16purchased. In counties of under 3,000,000 inhabitants, the
17county board may impose a fee of up to $60, which shall be paid
18to the county collector, upon each person purchasing any
19property at a sale held under this Code, prior to the issuance
20of any certificate of purchase. Each person purchasing any
21property at a sale held under this Code in a county with
223,000,000 or more inhabitants shall pay to the county
23collector, prior to the issuance of any certificate of
24purchase, a fee of $100 for each item purchased. That amount
25shall be included in the price paid for the certificate of

 

 

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1purchase and the amount required to redeem under Section
221-355.
3    All sums of money received under this Section shall be paid
4by the collector to the county treasurer of the county in which
5the property is situated for deposit into a special fund. It
6shall be the duty of the county treasurer, as trustee of the
7fund, to invest the principal and income of the fund from time
8to time, if not immediately required for payments under this
9Section, in investments as are authorized by Sections 3-10009
10and 3-11002 of the Counties Code. The fund shall be held to pay
11interest and costs by the county treasurer as trustee of the
12fund. No payment shall be made from the fund except by order of
13the court declaring a sale in error under Section 21-310,
1422-35, or 22-50 or by declaration of the county collector under
15subsection (c) of Section 21-310. Any moneys accumulated in the
16fund by the county treasurer in excess of (i) $100,000 in
17counties with 250,000 or less inhabitants or (ii) $500,000 in
18counties with more than 250,000 inhabitants shall be paid each
19year prior to the commencement of the annual tax sale, first to
20satisfy any existing unpaid judgments entered pursuant to
21Section 21-295, and any funds remaining thereafter shall be
22paid to the general fund of the county.
23(Source: P.A. 94-362, eff. 7-29-05.)