HB2648 98TH GENERAL ASSEMBLY

LRB098 08022 HLH 38113 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2648

Introduced 2/21/2013, by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

35 ILCS 200/21-90
35 ILCS 200/21-450 new

Amends the Property Tax Code. Provides that officers or other persons appointed by the presiding officer of the county board to attend a tax sale on behalf of the county shall be selected through a competitive bidding process. Provides that the presiding officer of the county board shall report annually to the county board the total amount paid to that officer or person for those services, and provides that the agreement or contract shall be made public. Provides that the county clerk shall annually provide to the county board a list containing: (1) the permanent index number of each parcel of property auctioned or sold during the previous year, (2) the total number of properties redeemed with the county clerk during the previous year, (3) the amount for which the property was sold or redeemed, (4) the fees or costs incurred by the county for each parcel that was sold or redeemed, and (5) the interest rate paid at the time the property was redeemed.

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 21-90 and 21-450 as follows:

(35 ILCS 200/21-90)

Sec. 21-90. Purchase and sale by county; distribution of proceeds. When any property is delinquent, or is forfeited for each of 2 or more years, and is offered for sale under any of the provisions of this Code, the County Board of the County in which the property is located, in its discretion, may bid, or, in the case of forfeited property, may apply to purchase it, in the name of the County as trustee for all taxing districts having an interest in the property's taxes or special assessments for the nonpayment of which the property is sold. The presiding officer of the county board, with the advice and consent of the Board, may appoint on its behalf some officer or person to attend such sales and bid or, in the case of forfeited property, to apply to the county clerk to purchase. That officer or person shall be selected through a competitive bidding process. The presiding officer of the county board shall report annually to the county board the total amount paid to that officer or person for services provided under this Section. If the presiding officer of the county board appoints an officer or person to attend the sale on behalf of the county, then the agreement or contract with the officer or person selected shall be made public.

The County shall apply on the bid or purchase the unpaid taxes and special assessments due upon the property. No cash need be paid. The County shall take all steps necessary to acquire title to the property and may manage and operate the property. When a county, or other taxing district within the county, is a petitioner for a tax deed, no filing fee shall be required. When a county or other taxing district within the county is the petitioner for a tax deed, one petition may be filed including all parcels that are tax delinquent within the county or taxing district, and any publication made under Section 22-20 of this Code may combine all such parcels within a single notice. The notice shall list the street or common address, if known, of the parcels for informational purposes. The county, as tax creditor and as trustee for other tax creditors, or other taxing district within the county, shall not be required to allege and prove that all taxes and special assessments which become due and payable after the sale to the county have been paid nor shall the county be required to pay the subsequently accruing taxes or special assessments at any time. The county board or its designee may prohibit the county collector from including the property in the tax sale of one or more subsequent years. The lien of taxes and special assessments which become due and payable after a sale to a county shall merge in the fee title of the county, or other taxing district within the county, on the issuance of a deed.

The County may sell or assign the property so acquired, or the certificate of purchase to it, to any party, including taxing districts. The proceeds of that sale or assignment, less all costs of the county incurred in the acquisition and sale or assignment of the property, shall be distributed to the taxing districts in proportion to their respective interests therein.

Under Sections 21-110, 21-115, 21-120 and 21-405, a County may bid or purchase only in the absence of other bidders.

(Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)

(35 ILCS 200/21-450 new)

Sec. 21-450. County clerk reports. The county clerk shall annually provide to the county board a list containing: (1) the permanent index number of each parcel of property auctioned or sold under this Division 21 during the previous year, (2) the total number of properties redeemed with the county clerk during the previous year, (3) the amount for which the property was sold or redeemed, (4) the fees or costs incurred by the county for each parcel that was sold or redeemed, and (5) the interest rate paid at the time the property was redeemed.