Full Text of HB3988 96th General Assembly
HB3988 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3988
Introduced 2/26/2009, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/21-205 |
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30 ILCS 105/5.719 new |
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Amends the Property Tax Code. In a Section concerning automated tax sales, provides that the automated sales must be conducted in a manner that is consistent with the rules promulgated by the Department of Revenue and the procedures set forth in the Code. Requires the Department of Revenue to (i) promulgate rules by which collectors may conduct automated tax sales, and (ii) approve all automated tax sale systems in use on the effective date of the amendatory Act. Provides that the Department shall (i) conduct an annual inspection of all equipment used in an automated tax sale, (ii) conduct an errorless public test of each automated tax sale system, and (iii) provide a public demonstration of the automated tax sale system. Requires that vendors of automated tax sale systems must obtain a license from the Department of Revenue, and provides that the Department may charge each vendor an annual application fee not to exceed $500 per vendor. Provides that the application fees shall be deposited into the Automated Tax Sale Implementation Fund, and amends the State Finance Act to create the Fund. Requires computer operators of automated systems to maintain certain logs. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB3988 |
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LRB096 03410 HLH 13434 b |
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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 |
| Section 21-205 as follows:
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| (35 ILCS 200/21-205)
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| Sec. 21-205. Tax sale procedures. The collector, in person | 8 |
| or by deputy,
shall attend, on the day and in the place | 9 |
| specified in the notice for the sale
of property for taxes, and | 10 |
| shall, between 9:00 a.m. and 4:00 p.m., or later at
the | 11 |
| collector's discretion, proceed to offer for sale, separately | 12 |
| and in
consecutive order, all property in the list on which the | 13 |
| taxes, special
assessments, interest or costs have not been | 14 |
| paid. However, in any county with
3,000,000 or more | 15 |
| inhabitants, the offer for sale shall be made between 8:00
a.m. | 16 |
| and 8:00 p.m. The collector's office shall be kept open during | 17 |
| all hours
in which the sale is in progress. The sale shall be | 18 |
| continued from day to day,
until all property in the delinquent | 19 |
| list has been offered for sale. However,
any city, village or | 20 |
| incorporated town interested in the collection of any tax
or | 21 |
| special assessment, may, in default of bidders, withdraw from | 22 |
| collection the
special assessment levied against any property | 23 |
| by the corporate authorities of
the city, village or |
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HB3988 |
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LRB096 03410 HLH 13434 b |
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| incorporated town. In case of a withdrawal, there shall be
no | 2 |
| sale of that property on account of the delinquent special | 3 |
| assessment
thereon.
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| In every sale of property pursuant to the provisions of | 5 |
| this Code, the collector may employ any automated means that | 6 |
| the collector deems appropriate , provided that bidders are | 7 |
| required to personally attend the sale and any such automated | 8 |
| sale must be conducted in a manner that is consistent with the | 9 |
| rules of the Department and the procedures set forth in this | 10 |
| Code . The changes made by this amendatory Act of the 94th | 11 |
| General Assembly are declarative of existing law.
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| Within 6 months after the effective date of this amendatory | 13 |
| Act of the 96th General Assembly, the Department shall (i) | 14 |
| promulgate rules by which collectors may conduct automated tax | 15 |
| sales, and (ii) approve all automated tax sale systems in use | 16 |
| on the effective date of this amendatory Act of the 96th | 17 |
| General Assembly. The rules must set forth the procedures to be | 18 |
| used by the county in an automated tax sale, including, but not | 19 |
| limited to, the placement of computer bidding equipment at the | 20 |
| tax sale site and the amount of time the collector must allow | 21 |
| between each electronic bid. Rulemaking authority to implement | 22 |
| this amendatory Act of the 96th General Assembly, if any, is | 23 |
| conditioned on the rules being adopted in accordance with all | 24 |
| provisions of the Illinois Administrative Procedure Act and all | 25 |
| rules and procedures of the Joint Committee on Administrative | 26 |
| Rules; any purported rule not so adopted, for whatever reason, |
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HB3988 |
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LRB096 03410 HLH 13434 b |
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| is unauthorized. | 2 |
| The Department shall conduct an annual inspection of all | 3 |
| equipment used in an automated tax sale. The Department must | 4 |
| also conduct an errorless public test of each automated tax | 5 |
| sale system at least 10 days but not more than 20 days prior to | 6 |
| the annual tax sale, and shall provide a public demonstration | 7 |
| of the automated tax sale system at least 30 days but not more | 8 |
| than 60 days prior to the annual tax sale. | 9 |
| Beginning in the first calendar year after the effective | 10 |
| date of this amendatory Act of the 96th General Assembly, each | 11 |
| vendor that provides automated tax sale equipment and | 12 |
| technology to a county must obtain a license issued by the | 13 |
| Department. Each license shall be subject to renewal annually. | 14 |
| The Department may charge each vendor an application fee not to | 15 |
| exceed $500 per vendor. Those license fees shall be deposited | 16 |
| into the Automated Tax Sale Implementation Fund, a special fund | 17 |
| created in the State treasury. Moneys in the Fund shall be | 18 |
| appropriated to the Department to cover the costs associated | 19 |
| with implementing and enforcing this Section. | 20 |
| Any computer operator of an automated tax sale system shall | 21 |
| maintain a log with the following information: alterations made | 22 |
| to programs associated with the tax sale process; the starting | 23 |
| time of the tax sale; the winning bid for each parcel sold; the | 24 |
| amount of taxes, interest, and county fees paid for each parcel | 25 |
| sold; and any equipment problems or delays in the auction | 26 |
| process. The log shall be made available for public inspection. |
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LRB096 03410 HLH 13434 b |
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| (Source: P.A. 94-922, eff. 1-1-07.)
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| Section 10. The State Finance Act is amended by adding | 3 |
| Section 5.719 as follows: | 4 |
| (30 ILCS 105/5.719 new) | 5 |
| Sec. 5.719. The Automated Tax Sale Implementation Fund.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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