| ||||
| Public Act 096-1248 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Property Tax Code is amended by changing | ||||
Section 20-25 as follows:
| ||||
(35 ILCS 200/20-25)
| ||||
Sec. 20-25. Forms of payment.
| ||||
(a) Taxes levied by taxing districts may be
satisfied by | ||||
payment in legal money of the United States, cashier's check,
| ||||
certified check, post office money order, bank money order | ||||
issued by a national
or state bank that is insured by the | ||||
Federal Deposit Insurance Corporation, or
by a personal or | ||||
corporate check drawn on such a bank, to the respective
| ||||
collection officers who are entitled by law to receive the tax | ||||
payments or by
credit card in accordance with the Local | ||||
Governmental Acceptance of Credit
Cards Act. A
county collector | ||||
may refuse to accept a personal check within 30 days before a
| ||||
tax sale. | ||||
(b) Beginning on January 1, 2012, subject to compliance | ||||
with all applicable purchasing requirements, a county with a | ||||
population of
more than 3,000,000 is required to accept payment | ||||
by credit card for each installment of property taxes; provided | ||||
that all service charges or fees, as determined by the county, | ||||
associated with the processing or accepting of a credit card | ||
payment by the county shall be paid by the taxpayer. If a | ||
taxpayer elects to make a property tax payment by credit card | ||
and a service charge or fee is imposed, the payment of that | ||
service charge or fee shall be deemed voluntary by the taxpayer | ||
and shall not be refundable. Nothing in this subsection | ||
requires a county with a population of more than 3,000,000 to | ||
accept payment by credit card for the payment on any | ||
installment of taxes that is delinquent under Section 21-10, | ||
21-25, or 21-30 of the Property Tax Code or for the purposes of | ||
any tax sale or scavenger sale under Division 3.5, 4, or 5 of | ||
Article 21 of the Property Tax Code.
A county that accepts | ||
payment of property taxes by credit card in accordance with the | ||
terms of this subsection shall not incur liability for or | ||
associated with the collection of a property tax payment by | ||
credit card. The public hearing requirement of subsection (a) | ||
of Section 20 of the Local Governmental Acceptance of Credit | ||
Cards Act shall not apply to this subsection. This subsection | ||
is a limitation under subsection (i) of Section
6 of Article | ||
VII of the Illinois Constitution on the concurrent
exercise by | ||
home rule units of powers and functions exercised
by the State.
| ||
(Source: P.A. 90-518, eff. 8-22-97.)
| ||
Section 7. The Local Government Acceptance of Credit Cards | ||
Act is amended by changing Section 20 as follows:
| ||
(50 ILCS 345/20)
| ||
Sec. 20. Election by local governmental entities to accept | ||
credit cards.
| ||
(a) The decision whether to accept credit card payments for | ||
any particular
type of obligation shall be made by
the | ||
governing body of the local governmental entity that has | ||
general
discretionary authority over the manner of
acceptance | ||
of payments.
The governing body may adopt
reasonable rules | ||
governing the manner of acceptance of payments by credit card.
| ||
Except as provided in subsection (b) of Section 20-25 of the | ||
Property Tax Code, no No decision to accept credit card | ||
payments under this Act shall be made until
the governing body | ||
has determined, following a public hearing held not sooner
than | ||
10 nor later
than 30 days following public notice of the | ||
hearing, that the acceptance of
credit card payments for the | ||
types of authorized obligations specified in the
public notice | ||
is in the best interests of the citizens and governmental
| ||
administration of the local governmental entity or community | ||
college
and of the students and taxpayers thereof.
| ||
(b) The governing body of the entity accepting payment by | ||
credit card may
enter into agreements with one or more | ||
financial institutions
or other service providers to | ||
facilitate the acceptance and processing of
credit card | ||
payments.
Such agreements shall identify the specific services | ||
to be provided,
an itemized list of the fees charged, and the | ||
means by which each such fee
shall be paid. Such agreements may | ||
include a discount fee to cover the costs
of
interchange, | ||
assessments and authorizations, a per item processing fee for | ||
the
service provider, and any other fee, including a payment of | ||
a surcharge or
convenience fee, that may be applicable to | ||
specific circumstances.
Any agreement for
acceptance of | ||
payments by credit cards may be canceled by the governmental
| ||
entity upon giving reasonable notice of intent to cancel.
| ||
(c) An entity accepting payments by credit card may pay | ||
amounts due
a financial institution or other service provider | ||
by (i) paying the
financial
institution or other service | ||
provider upon
presentation
of an invoice or (ii) allowing the | ||
financial institution or other service
provider to withhold the | ||
amount of
the fees from the credit card payment. A discount or | ||
processing fee may be
authorized whenever the governing body of | ||
the entity determines that any
reduction of revenue resulting | ||
from the discount or processing fee will be in
the best
| ||
interest of the entity.
Items that may be considered in making | ||
a determination to authorize the payment
of fees or the | ||
acceptance of a discount include, but are not limited to,
| ||
improved governmental cash flows, reduction of governmental | ||
overhead, improved
governmental financial security,
a | ||
combination of these items, and the benefit of increased public | ||
convenience.
No payment to or withheld by a financial | ||
institution or other service provider
may exceed the amounts | ||
authorized under subsection (b) of Section 25.
| ||
(d) Unless specifically prohibited by an ordinance or rule | ||
adopted by the
governing body of the local governmental entity, | ||
a person may pay multiple tax
bills in a single transaction.
| ||
(Source: P.A. 90-518, eff. 8-22-97.)
| ||
Section 10. The State Mandates Act is amended by adding | ||
Section 8.34 as follows: | ||
(30 ILCS 805/8.34 new) | ||
Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 96th General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||