Full Text of HB2648 098th General Assembly
HB2648 98TH GENERAL ASSEMBLY |
| | 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 | |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Sections 21-90 and 21-450 as follows:
| 6 | | (35 ILCS 200/21-90)
| 7 | | Sec. 21-90.
Purchase and sale by county;
distribution of | 8 | | proceeds. When any
property is delinquent, or is forfeited for | 9 | | each of 2 or more
years, and is
offered for sale under any of | 10 | | the provisions of this Code, the County Board of
the County in | 11 | | which the property is located,
in its discretion, may bid, or, | 12 | | in
the case of forfeited property, may apply to purchase it, in | 13 | | the name of the
County as trustee for all taxing districts | 14 | | having an
interest in the property's
taxes or special | 15 | | assessments for the nonpayment of which the property is sold.
| 16 | | The presiding officer of the county board, with the advice and | 17 | | consent of the
Board, may appoint on its behalf
some officer or | 18 | | person to attend such sales
and bid or, in the case of | 19 | | forfeited property, to apply to the county clerk to
purchase. | 20 | | That officer or person shall be selected through a competitive | 21 | | bidding process. The presiding officer of the county board | 22 | | shall report annually to the county board the total amount paid | 23 | | to that officer or person for services provided under this |
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| 1 | | Section. If the presiding officer of the county board appoints | 2 | | an officer or person to attend the sale on behalf of the | 3 | | county, then the agreement or contract with the officer or | 4 | | person selected shall be made public. | 5 | | The County shall apply on the bid or purchase
the unpaid | 6 | | taxes and
special assessments due upon the property. No cash | 7 | | need be paid. The County
shall take all steps necessary to | 8 | | acquire title to the property and may manage
and operate the | 9 | | property. When a county, or other taxing district within the
| 10 | | county, is a petitioner for a tax deed, no filing fee shall be | 11 | | required.
When a county or other taxing district within the | 12 | | county is the petitioner
for a tax deed, one petition may be | 13 | | filed including all parcels that are tax
delinquent within the | 14 | | county or taxing district, and any publication made under
| 15 | | Section 22-20 of this Code may combine all such parcels within | 16 | | a single notice.
The notice shall list the street or common | 17 | | address, if known, of the
parcels for informational purposes.
| 18 | | The
county, as tax creditor and as trustee for other tax | 19 | | creditors, or other taxing
district within the county, shall | 20 | | not be required to allege and prove that all
taxes and special | 21 | | assessments which become due and payable after the sale to
the | 22 | | county have been paid nor shall the county be
required to pay | 23 | | the
subsequently accruing taxes or special assessments at any | 24 | | time. The county
board or its designee may prohibit the county | 25 | | collector from including the
property in the tax sale of one or | 26 | | more subsequent years. The lien of taxes and
special |
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| 1 | | assessments which become due and payable after a sale to a | 2 | | county
shall
merge in the fee title of the county, or other | 3 | | taxing district within the
county, on the issuance of a deed.
| 4 | | The County may sell or assign the property so
acquired, or | 5 | | the certificate of
purchase to it, to any party, including
| 6 | | taxing districts. The proceeds of that sale or
assignment, less | 7 | | all costs
of the county incurred in the acquisition and sale or
| 8 | | assignment of the
property, shall be
distributed to the taxing | 9 | | districts in proportion to their respective interests
therein.
| 10 | | Under Sections 21-110, 21-115, 21-120 and 21-405, a County | 11 | | may bid or
purchase only in the absence of other bidders.
| 12 | | (Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
| 13 | | (35 ILCS 200/21-450 new) | 14 | | Sec. 21-450. County clerk reports. The county clerk shall | 15 | | annually provide to the county board a list containing: (1) the | 16 | | permanent index number of each parcel of property auctioned or | 17 | | sold under this Division 21 during the previous year, (2) the | 18 | | total number of properties redeemed with the county clerk | 19 | | during the previous year, (3) the amount for which the property | 20 | | was sold or redeemed, (4) the fees or costs incurred by the | 21 | | county for each parcel that was sold or redeemed, and (5) the | 22 | | interest rate paid at the time the property was redeemed.
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