Summary as Introduced
Amends the Local Governmental Acceptance of Credit Cards Act. Provides that the governing body of a governmental entity accepting payment by credit card may enter into agreements with third-party software providers for the purpose of ensuring that the governmental entity receives the correct remittance for payment. Provides that, if a governmental entity enters into an agreement with one or more financial institutions or other service providers to facilitate the acceptance and processing of credit card payments, then the agreement may not restrict or prevent the governmental entity from using the payment processing system outlined in the State Treasurer Act or any other payment processing system that the governmental entity has procured. Effective immediately.
Staff Analysis
Bill as Introduced
Amends the Local Governmental Acceptance of Credit Cards Act. Provides that the governing body of a governmental entity accepting payment by credit card may enter into agreements with third-party software providers for the purpose of ensuring that the governmental entity receives the correct remittance for payment. Provides that, if a governmental entity enters into an agreement with one or more financial institutions or other service providers to facilitate the acceptance and processing of credit card payments, then the agreement may not restrict or prevent the governmental entity from using the payment processing system outlined in the State Treasurer Act or any other payment processing system that the governmental entity has procured. Effective immediately.
Senate Floor Amendment 2
This amendment substantially revises Illinois tax delinquency and tax deed procedures by authorizing counties, acting as trustee, to acquire or sell tax delinquent property directly. The bill allows a county to petition the court for issuance of a tax deed to the county without first conducting a judicial tax deed auction. Once the county acquires the property, the court order must also direct the county to offer the parcel for sale through a public tax deed auction. The legislation establishes procedures governing those auctions and creates a surplus equity fund financed through a surplus equity fee.
The amendment also creates a process allowing former property owners to recover lost surplus equity through an indemnity award if they sustain loss or damage from the issuance of a deed at a tax deed auction. In addition, the bill amends the Mobile Home Local Services Tax Enforcement Act to require notice when distressed property is at risk of loss due to unpaid property taxes. The bill takes effect immediately.
The amendment would directly affect counties that administer property tax sales, tax delinquency enforcement, and tax deed processes. Counties could gain expanded authority and flexibility to acquire delinquent properties as trustee and later dispose of those properties through public auctions. However, counties may also face new administrative responsibilities tied to managing public tax deed auctions, maintaining surplus equity funds, handling indemnity claims, collecting surplus equity fees, and providing required notices. County treasurers, clerks, collectors, and court systems may need to develop new procedures and compliance mechanisms if the legislation is enacted.