Full Text of HB0973 94th General Assembly
HB0973eng 94TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 8 |
| collector shall,
on the first of every month, report to the | 9 |
| county clerk, in writing , which may be transmitted | 10 |
| electronically , the amount
of county tax received during the | 11 |
| preceding month. The county collector shall
keep the account as | 12 |
| collector of taxes separate from the account as county
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| treasurer. He or she shall credit the account as collector with | 14 |
| the amount of
his or her monthly reports to the county clerk, | 15 |
| and with the amount of
bankruptcies, removals, errors, | 16 |
| forfeitures, and other credits allowed him or
her on settlement | 17 |
| 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 | 19 |
| monthly
report to the county clerk and such other amounts as | 20 |
| may be received as county
treasurer. The county board may | 21 |
| examine the account and vouchers at any time,
by committee or | 22 |
| 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 | 26 |
| county clerk and county collector shall
keep , in written or | 27 |
| electronic format, an account stating
with the county | 28 |
| collector, charging him or her with the amount
of county tax to | 29 |
| 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 | 31 |
| 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 | 2 |
| ascertained as required in Section 20-115, charged
to the | 3 |
| county treasurer's account monthly and with the amount of | 4 |
| county tax on
bankruptcies, removals, errors, forfeited | 5 |
| property, and other credits. The
county clerks shall also keep | 6 |
| a treasurer's account with the county treasurer
of their | 7 |
| counties. The treasurer shall be charged with the amount of | 8 |
| money
reported in the collector's monthly statements required | 9 |
| by Section 20-115, and
all amounts paid to the county | 10 |
| treasurers from sources other than the county.
It is the duty | 11 |
| 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 | 13 |
| obtain from the county clerk an
order to the treasurer to | 14 |
| collect the money . The treasurer shall give duplicate
receipts | 15 |
| to the person paying, one to be
countersigned by the county | 16 |
| clerk and
retained by the person paying and the other filed in | 17 |
| the county treasurer's
clerk's office.
The amount shall be | 18 |
| 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 | 22 |
| before the third
Monday in December, annually, the county | 23 |
| collector shall make out and file with
the county clerk a | 24 |
| detailed list of errors in assessment of property and errors
in | 25 |
| footing of tax books, giving in each case a description of the | 26 |
| property, the
valuation and amount of each tax and special | 27 |
| assessment, and cause of error.
The lists shall be verified by | 28 |
| affidavit of the county collector. County
collectors, in cases | 29 |
| of removals and bankruptcies of taxpayers, may give the
same | 30 |
| cause for the inability to collect as sworn to by the township | 31 |
| collectors,
stating in their return that such was the statement | 32 |
| made by the township
collector, and that the tax still remains | 33 |
| 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 | 4 |
| person
purchasing any property at a sale under this Code shall | 5 |
| pay
to the County Collector, prior to the issuance of any | 6 |
| certificate of purchase,
a fee of $20 for each item purchased. | 7 |
| 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 | 10 |
| the underlying
certificate of purchase is recorded.
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| (a-5) In counties of 3,000,000 or more inhabitants, each | 12 |
| person purchasing
property at a
sale under this Code shall pay | 13 |
| to the County Collector a
fee of $80
for each item purchased | 14 |
| plus an additional sum equal to 5% of taxes,
interest, and | 15 |
| penalties paid by the purchaser, including the taxes,
interest, | 16 |
| and penalties paid
under Section 21-240. In these counties, the | 17 |
| certificate holder shall also pay
to the County Collector a fee | 18 |
| of $80 for each year that all or a portion of
subsequent taxes | 19 |
| 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 | 21 |
| equal to 5% of
all subsequent taxes, interest, and penalties. | 22 |
| The additional 5% fees are not required after December 31, | 23 |
| 2006.
The changes to this subsection made by this amendatory | 24 |
| Act of the 91st
General Assembly are not a new enactment, but | 25 |
| declaratory of existing law.
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| (b) The amount paid prior to issuance of the certificate of | 27 |
| purchase
pursuant to subsection (a) or (a-5) shall be included | 28 |
| in the purchase price of
the property in the
certificate of | 29 |
| 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 | 32 |
| 21-300, all
money received under subsection (a) or (a-5) shall | 33 |
| be paid by the Collector
to the
County Treasurer of the County | 34 |
| in which the land is situated, for the purpose
of an indemnity | 35 |
| 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 |
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| hands from time to
time, if not immediately required for | 2 |
| payments of indemnities under subsection
(a) of Section 21-305, | 3 |
| in investments permitted by the Illinois State Board of
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| Investment under Article 22A of the Illinois Pension Code. The | 5 |
| county
collector shall report annually to the county clerk
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| Circuit Court on the condition and
income of the fund. The | 7 |
| indemnity fund shall be held to satisfy judgments
obtained | 8 |
| against the County Treasurer, as trustee of the fund. No | 9 |
| payment shall
be made from the fund, except upon a judgment of | 10 |
| 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 | 13 |
| 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 | 17 |
| this Act shall pay
to the county collector, prior to the | 18 |
| issuance of any certificate of purchase,
a fee of $20 for each | 19 |
| item purchased. A like sum shall be paid for each year
that all | 20 |
| 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 | 22 |
| record where the underlying
certificate of purchase is | 23 |
| recorded.
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| (b) The amount paid prior to issuance of the certificate of | 25 |
| purchase
pursuant to subsection (a) shall be included in the | 26 |
| purchase price of
the mobile home in the certificate of | 27 |
| purchase and all amounts paid under this
Section shall be | 28 |
| included in the amount required to redeem under Section 300.
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| Except as otherwise provided in subsection (b) of Section 240, | 30 |
| all money
received under subsection (a) shall be paid by the | 31 |
| collector to the
county treasurer of the county in which the | 32 |
| mobile home is situated, for the
purpose of an indemnity fund. | 33 |
| The county treasurer, as trustee of that fund,
shall invest all | 34 |
| 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 | 2 |
| indemnities under
subsection (a) of Section 245, in investments | 3 |
| permitted by the Illinois State
Board of Investment under | 4 |
| Article 22A of the Illinois Pension Act. The county
collector | 5 |
| shall report annually to the county clerk
circuit court on the | 6 |
| condition and
income of the fund. The indemnity fund shall be | 7 |
| held to satisfy judgments
obtained against the county | 8 |
| treasurer, as trustee of the fund. No payment shall
be made | 9 |
| from the fund, except upon a judgment of the court which | 10 |
| 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 | 13 |
| becoming law.
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