093_SB0813ham001 LRB093 10070 SJM 15206 a 1 AMENDMENT TO SENATE BILL 813 2 AMENDMENT NO. . Amend Senate Bill 813 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Property Tax Code is amended by changing 5 Sections 9-260, 21-15, and 21-30 as follows: 6 (35 ILCS 200/9-260) 7 Sec. 9-260. Assessment of omitted property; counties of 8 3,000,000 or more. 9 (a) After signing the affidavit, the county assessor 10 shall have power, when directed by the board of appeals 11 (until the first Monday in December 1998 and the board of 12 review beginning the first Monday in December 1998 and 13 thereafter), or on his or her own initiative, to assess 14 properties which may have been omitted from assessments for 15 the current year or during any year or years for which the 16 property was liable to be taxed, and for which the tax has 17 not been paid, but only on notice and an opportunity to be 18 heard in the manner and form required by law, and shall enter 19 the assessments upon the assessment books. No charge for tax 20 of previous years shall be made against any property if (a) 21 the property was last assessed as unimproved, (b) the owner 22 of such property gave notice of subsequent improvements and -2- LRB093 10070 SJM 15206 a 1 requested a reassessment as required by Section 9-180, and 2 (c) reassessment of the property was not made within the 16 3 month period immediately following the receipt of that 4 notice. 5 (b) Any taxes based on the omitted assessment of a 6 property pursuant to Sections 9-260 through 9-270 shall be 7 prepared and mailed at the same time as the estimated first 8 installment property tax bill for the preceding year (as 9 described in Section 21-30) is prepared and mailed. The 10 omitted assessment tax bill is not due until the date on 11 which the second installment property tax bill for the 12 preceding year becomes due. The omitted assessment tax bill 13 shall be deemed delinquent and shall bear interest beginning 14 on the day after the due date of the second installment (as 15 described in Section 21-25). Any taxes for omitted 16 assessments deemed delinquent after the due date of the 17 second installment tax bill shall bear interest at the rate 18 of 1.5% per month or portion thereof until paid or forfeited 19 (as described in Section 21-25). 20 (c) The assessor shall have no power to change the 21 assessment or alter the assessment books in any other manner 22 or for any other purpose so as to change or affect the taxes 23 in that year, except as ordered by the board of appeals 24 (until the first Monday in December 1998 and the board of 25 review beginning the first Monday in December 1998 and 26 thereafter). The county assessor shall make all changes and 27 corrections ordered by the board of appeals (until the first 28 Monday in December 1998 and the board of review beginning the 29 first Monday in December 1998 and thereafter). The county 30 assessor may for the purpose of revision by the board of 31 appeals (until the first Monday in December 1998 and the 32 board of review beginning the first Monday in December 1998 33 and thereafter) certify the assessment books for any town or 34 taxing district after or when such books are completed. -3- LRB093 10070 SJM 15206 a 1 (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 2 8-14-96.) 3 (35 ILCS 200/21-15) 4 Sec. 21-15. General tax due dates; default by mortgage 5 lender. Except as otherwise provided in this Section or 6 Section 21-40, all property upon which the first installment 7 of taxes remains unpaid on June 1 annually shall be deemed 8 delinquent and shall bear interest after June 1 at the rate 9 of 1 1/2% per month or portion thereof. Except as otherwise 10 provided in this Section or Section 21-40, all property upon 11 which the second installment of taxes remains due and unpaid 12 on September 1, annually, shall be deemed delinquent and 13 shall bear interest after September 1 at the same interest 14 rate. All interest collected shall be paid into the general 15 fund of the county. Payment received by mail and postmarked 16 on or before the required due date is not delinquent. 17 Property not subject to the interest charge in Section 18 9-260 or Section 9-265 shall also not be subject to the 19 interest charge imposed by this Section until such time as 20 the owner of the property receives actual notice of and is 21 billed for the principal amount of back taxes due and owing. 22 If a member of a reserve component of the armed forces of 23 the United States who has an ownership interest in property 24 taxed under this Act is called to active duty for deployment 25 outside the continental United States and is on active duty 26 on the due date of any installment of taxes due under this 27 Act, he or she shall not be deemed delinquent in the payment 28 of the installment and no interest shall accrue or be charged 29 as a penalty on the installment until 30 days after that 30 member returns from active duty. 31 Notwithstanding any other provision of law, when any 32 unpaid taxes become delinquent under this Section through the 33 fault of the mortgage lender, (i) the interest assessed under -4- LRB093 10070 SJM 15206 a 1 this Section for delinquent taxes shall be charged against 2 the mortgage lender and not the mortgagor and (ii) the 3 mortgage lender shall pay the taxes, redeem the property and 4 take all necessary steps to remove any liens accruing against 5 the property because of the delinquency. In the event that 6 more than one entity meets the definition of mortgage lender 7 with respect to any mortgage, the interest shall be assessed 8 against the mortgage lender responsible for servicing the 9 mortgage. Unpaid taxes shall be deemed delinquent through 10 the fault of the mortgage lender only if: (a) the mortgage 11 lender has received all payments due the mortgage lender for 12 the property being taxed under the written terms of the 13 mortgage or promissory note secured by the mortgage, (b) the 14 mortgage lender holds funds in escrow to pay the taxes, and 15 (c) the funds are sufficient to pay the taxes after deducting 16 all amounts reasonably anticipated to become due for all 17 hazard insurance premiums and mortgage insurance premiums and 18 any other assessments to be paid from the escrow under the 19 terms of the mortgage. For purposes of this Section, an 20 amount is reasonably anticipated to become due if it is 21 payable within 12 months from the time of determining the 22 sufficiency of funds held in escrow. Unpaid taxes shall not 23 be deemed delinquent through the fault of the mortgage lender 24 if the mortgage lender was directed in writing by the 25 mortgagor not to pay the property taxes, or if the failure to 26 pay the taxes when due resulted from inadequate or inaccurate 27 parcel information provided by the mortgagor, a title or 28 abstract company, or by the agency or unit of government 29 assessing the tax. 30 (Source: P.A. 90-336, eff. 1-1-98; 90-575, eff. 3-20-98; 31 91-199, eff. 1-1-00; 91-898, eff. 7-6-00.) 32 (35 ILCS 200/21-30) 33 Sec. 21-30. Accelerated billing. Except as provided in -5- LRB093 10070 SJM 15206 a 1 this Section, Section 9-260, and Section 21-40, in counties 2 with 3,000,000 or more inhabitants, by January 31 annually, 3 estimated tax bills setting out the first installment of 4 property taxes for the preceding year, payable in that year, 5 shall be prepared and mailed. The first installment of taxes 6 on the estimated tax bills shall be computed at 50% of the 7 total of each tax bill for the preceding year. If, prior to 8 the preparation of the estimated tax bills, a certificate of 9 error has been either approved by a court on or before 10 November 30 of the preceding year or certified pursuant to 11 Section 14-15 on or before November 30 of the preceding year, 12 then the first installment of taxes on the estimated tax 13 bills shall be computed at 50% of the total taxes for the 14 preceding year as corrected by the certificate of error. By 15 June 30 annually, actual tax bills shall be prepared and 16 mailed. These bills shall set out total taxes due and the 17 amount of estimated taxes billed in the first installment, 18 and shall state the balance of taxes due for that year as 19 represented by the sum derived from subtracting the amount of 20 the first installment from the total taxes due for that year. 21 The county board may provide by ordinance, in counties 22 with 3,000,000 or more inhabitants, for taxes to be paid in 4 23 installments. For the levy year for which the ordinance is 24 first effective and each subsequent year, estimated tax bills 25 setting out the first, second, and third installment of taxes 26 for the preceding year, payable in that year, shall be 27 prepared and mailed not later than the date specified by 28 ordinance. Each installment on estimated tax bills shall be 29 computed at 25% of the total of each tax bill for the 30 preceding year. By the date specified in the ordinance, 31 actual tax bills shall be prepared and mailed. These bills 32 shall set out total taxes due and the amount of estimated 33 taxes billed in the first, second, and third installments and 34 shall state the balance of taxes due for that year as -6- LRB093 10070 SJM 15206 a 1 represented by the sum derived from subtracting the amount of 2 the estimated installments from the total taxes due for that 3 year. 4 The county board of any county with less than 3,000,000 5 inhabitants may, by ordinance or resolution, adopt an 6 accelerated method of tax billing. The county board may 7 subsequently rescind the ordinance or resolution and revert 8 to the method otherwise provided for in this Code. 9 Taxes levied on homestead property in which a member of 10 the National Guard or reserves of the armed forces of the 11 United States who was called to active duty on or after 12 August 1, 1990, and who has an ownership interest shall not 13 be deemed delinquent and no interest shall accrue or be 14 charged as a penalty on such taxes due and payable in 1991 or 15 1992 until one year after that member returns to civilian 16 status. 17 (Source: P.A. 92-475, eff. 8-23-01.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.".