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| Public Act 100-1070 | ||||
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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 | ||||
Sections 21-205, 21-245, 21-295, and 21-330 as follows:
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(35 ILCS 200/21-205)
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Sec. 21-205. Tax sale procedures. | ||||
(a) The collector, in person or by deputy,
shall attend, on | ||||
the day and in the place specified in the notice for the sale
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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
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no sale of that property on account of the delinquent special | ||
assessment
thereon.
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(b) Until January 1, 2013, in every sale of property | ||
pursuant to the provisions of this Code, the collector may | ||
employ any automated means that the collector deems | ||
appropriate. Beginning on January 1, 2013, either (i) the | ||
collector shall employ an automated bidding system that is | ||
programmed to accept the lowest redemption price bid by an | ||
eligible tax purchaser, subject to the penalty percentage | ||
limitation set forth in Section 21-215, or (ii) all tax sales | ||
shall be digitally recorded with video and audio. All bidders | ||
are required to personally attend the sale and, if automated | ||
means are used, all hardware and software used with respect to | ||
those automated means must be certified by the Department and | ||
re-certified by the Department every 5 years. If the tax sales | ||
are digitally recorded and no automated bidding system is used, | ||
then the recordings shall be maintained by the collector for a | ||
period of at least 3 years from the date of the tax sale. The | ||
changes made by this amendatory Act of the 94th General | ||
Assembly are declarative of existing law.
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(c) County collectors may, when applicable, eject tax | ||
bidders who disrupt the tax sale or use illegal bid practices. | ||
(Source: P.A. 97-557, eff. 7-1-12; 97-1125, eff. 8-28-12.)
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(35 ILCS 200/21-245)
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Sec. 21-245. Automation fee. In all counties, each person | ||
purchasing any property at a sale under this Code, shall pay to | ||
the county collector, prior to the issuance of any tax | ||
certificate, an automation fee set by the county collector of | ||
not more than $10 for each item purchased. A like sum shall be | ||
paid for each year that all or a portion of the subsequent | ||
taxes are paid by a tax purchaser and posted to the tax | ||
judgment, sale, redemption and forfeiture record where the | ||
underlying certificate is recorded. The county collector in all | ||
counties may
assess to the purchaser of property for delinquent | ||
taxes an automation fee of
not more than $10 per parcel. In | ||
counties with less than 3,000,000
inhabitants:
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(a) The fee shall be paid at the time of the purchase if | ||
the record keeping
system used for processing the delinquent | ||
property tax sales is automated or
has been approved for | ||
automation by the county board. The fee shall be
collected in | ||
the same manner as other fees or costs.
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(b) Fees collected under this Section shall be retained by | ||
the county
treasurer in a fund designated as the Tax Sale | ||
Automation Fund. The fund shall
be audited by the county | ||
auditor. The county board, with the approval of the
county | ||
treasurer, shall make expenditures from
the fund (1) to pay any | ||
costs related to the automation of property tax
collections
and | ||
delinquent property tax sales, including the cost of hardware, | ||
software,
research and development, and personnel
and (2) to | ||
defray the cost of providing electronic access to property tax
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collection
records and delinquent tax sale records.
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(Source: P.A. 93-415, eff. 8-5-03.)
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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 | ||
person
purchasing any property at a sale under this Code shall | ||
pay
to the County Collector, prior to the issuance of any | ||
certificate of purchase,
an indemnity a fee set by the county | ||
collector of not more than $20 for each item purchased. 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 | ||
the underlying
certificate of purchase is recorded.
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(a-5) In counties of 3,000,000 or more inhabitants, each | ||
person purchasing
property at a
sale under this Code shall pay | ||
to the County Collector a
fee of $80
for each item purchased | ||
plus an additional sum equal to 5% of taxes,
interest, and | ||
penalties paid by the purchaser, including the taxes,
interest, | ||
and penalties paid
under Section 21-240. In these counties, the | ||
certificate holder shall also pay
to the County Collector a fee | ||
of $80 for each year that all or a portion of
subsequent taxes | ||
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 | ||
equal to 5% of
all subsequent taxes, interest, and penalties. | ||
The additional 5% fees are not required after December 31, | ||
2006.
The changes to this subsection made by this amendatory | ||
Act of the 91st
General Assembly are not a new enactment, but | ||
declaratory of existing law.
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(b) The amount paid prior to issuance of the certificate of | ||
purchase
pursuant to subsection (a) or (a-5) shall be included | ||
in the purchase price of
the property in the
certificate of | ||
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 | ||
21-300, all
money received under subsection (a) or (a-5) shall | ||
be paid by the Collector
to the
County Treasurer of the County | ||
in which the land is situated, for the purpose
of an indemnity | ||
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 | ||
hands from time to
time, if not immediately required for | ||
payments of indemnities under subsection
(a) of Section 21-305, | ||
in investments permitted by the Illinois State Board of
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Investment under Article 22A of the Illinois Pension Code. The | ||
county
collector shall report annually to the county clerk on | ||
the condition and
income of the fund. The indemnity fund shall | ||
be held to satisfy judgments
obtained against the County | ||
Treasurer, as trustee of the fund. No payment shall
be made | ||
from the fund, except upon a judgment of the court which | ||
ordered the
issuance of a tax deed.
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(Source: P.A. 94-412, eff. 8-2-05.)
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(35 ILCS 200/21-330)
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Sec. 21-330. Fund for payment of interest. In all counties | ||
of less than 3,000,000 inhabitants, the county board, by | ||
resolution, may impose a fee for payment of interest and costs. | ||
Each person purchasing any property at a sale under this Code | ||
shall pay to the county collector, prior to the issuance of any | ||
certificate of purchase, a fee of up to $60 for each item | ||
purchased. In counties of under 3,000,000
inhabitants, the | ||
county board may impose a fee of up to $60, which shall be
paid
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to the county collector, upon each person purchasing any | ||
property at a sale
held under this Code, prior to the issuance | ||
of any certificate of purchase.
Each person purchasing
any
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property at a sale held under this Code in a county with | ||
3,000,000 or more
inhabitants shall pay to the county | ||
collector,
prior to the issuance of any certificate of | ||
purchase, a fee of $100 for each
item purchased. That amount | ||
shall be included in the
price paid for the certificate of | ||
purchase and the amount required to redeem
under Section | ||
21-355.
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All sums of money received under this Section shall be paid | ||
by the
collector to the county treasurer of the county in which | ||
the property is
situated for deposit into a special fund. It
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shall be the duty of the county treasurer, as trustee of the | ||
fund, to
invest the principal and income of the fund from time | ||
to time, if not
immediately required for payments under this | ||
Section, in investments as are
authorized by Sections 3-10009 | ||
and 3-11002 of the Counties Code. The fund
shall be held to pay | ||
interest and costs
by the county treasurer as trustee of the | ||
fund. No payment shall be made
from the fund except by order of | ||
the court declaring a sale in error under
Section 21-310, | ||
22-35, or 22-50
or by declaration of the county collector under | ||
subsection (c) of Section
21-310.
Any moneys accumulated in the | ||
fund by the county treasurer in excess of (i) $100,000 in | ||
counties with 250,000 or less inhabitants or (ii) $500,000 in | ||
counties with more than 250,000 inhabitants shall be paid each | ||
year prior to the commencement of the
annual tax sale, first to | ||
satisfy
any existing unpaid judgments entered pursuant to | ||
Section 21-295, and any funds
remaining thereafter shall be | ||
paid to the general fund of the county.
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(Source: P.A. 94-362, eff. 7-29-05.)
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