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91_SB0380eng SB380 Engrossed LRB9105623PTpr 1 AN ACT to amend the Property Tax Code by changing 2 Sections 21-15, 21-20, and 21-25. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Property Tax Code is amended by changing 6 Sections 21-15, 21-20, and 21-25 as follows: 7 (35 ILCS 200/21-15) 8 Sec. 21-15. General tax due dates; default by mortgage 9 lender. Except as otherwise provided in this Section or 10 Section 21-40, all property upon which the first installment 11 of taxes remains unpaid on June 1 annually shall be deemed 12 delinquent and shall bear interest after June 1 at the rate 13 of 1 1/2% per month or portion thereof. Except as otherwise 14 provided in this Section or Section 21-40, all property upon 15 which the second installment of taxes remains due and unpaid 16 on September 1, annually, shall be deemed delinquent and 17 shall bear interest after September 1 at the same interest 18 rate. All interest collected shall be paid into the general 19 fund of the county. Payment received by mail and postmarked 20 on or before the required due date is not delinquent. 21 Property not subject to the interest charge in Section 22 9-265 shall also not be subject to the interest charge 23 imposed by this Section until such time as the owner of the 24 property receives actual notice of and is billed for the 25 principal amount of back taxes due and owing. 26 Notwithstanding any other provision of law, when any 27 unpaid taxes become delinquent under this Section through the 28 fault of the mortgage lender, (i) the interest assessed under 29 this Section for delinquent taxes shall be charged against 30 the mortgage lender and not the mortgagor and (ii) the 31 mortgage lender shall pay the taxes, redeem the property and SB380 Engrossed -2- LRB9105623PTpr 1 take all necessary steps to remove any liens accruing against 2 the property because of the delinquency. In the event that 3 more than one entity meets the definition of mortgage lender 4 with respect to any mortgage, the interest shall be assessed 5 against the mortgage lender responsible for servicing the 6 mortgage. Unpaid taxes shall be deemed delinquent through 7 the fault of the mortgage lender only if: (a) the mortgage 8 lender has received all payments due the mortgage lender for 9 the property being taxed under the written terms of the 10 mortgage or promissory note secured by the mortgage, (b) the 11 mortgage lender holds funds in escrow to pay the taxes, and 12 (c) the funds are sufficient to pay the taxes after deducting 13 all amounts reasonably anticipated to become due for all 14 hazard insurance premiums and mortgage insurance premiums and 15 any other assessments to be paid from the escrow under the 16 terms of the mortgage. For purposes of this Section, an 17 amount is reasonably anticipated to become due if it is 18 payable within 12 months from the time of determining the 19 sufficiency of funds held in escrow. Unpaid taxes shall not 20 be deemed delinquent through the fault of the mortgage lender 21 if the mortgage lender was directed in writing by the 22 mortgagor not to pay the property taxes, or if the failure to 23 pay the taxes when due resulted from inadequate or inaccurate 24 parcel information provided by the mortgagor, a title or 25 abstract company, or by the agency or unit of government 26 assessing the tax. 27 (Source: P.A. 90-336, eff. 1-1-98; 90-575, eff. 3-20-98.) 28 (35 ILCS 200/21-20) 29 Sec. 21-20. Due dates; accelerated billing in counties 30 of less than 3,000,000. Except as otherwise provided in 31 Section 21-40, in counties with less than 3,000,000 32 inhabitants in which the accelerated method of billing and 33 paying taxes provided for in Section 21-30 is in effect, the SB380 Engrossed -3- LRB9105623PTpr 1 estimated first installment of unpaid taxes shall be deemed 2 delinquent and shall bear interest after a date not later 3 than June 1 annually as provided for in the ordinance or 4 resolution of the county board adopting the accelerated 5 method, at the rate of 1 1/2% per month or portion thereof 6 until paid or forfeited. The second installment of unpaid 7 taxes shall be deemed delinquent and shall bear interest 8 after August 1 annually at the same interest rate until paid 9 or forfeited. Payment received by mail and postmarked on or 10 before the required due date is not delinquent. 11 (Source: P.A. 87-17; 87-145; 87-208; 87-340; 87-895; 88-455; 12 88-518.) 13 (35 ILCS 200/21-25) 14 Sec. 21-25. Due dates; accelerated billing in counties 15 of 3,000,000 or more. Except as hereinafter provided and as 16 provided in Section 21-40, in counties with 3,000,000 or more 17 inhabitants in which the accelerated method of billing and 18 paying taxes provided for in Section 21-30 is in effect, the 19 estimated first installment of unpaid taxes shall be deemed 20 delinquent and shall bear interest after March 1 at the rate 21 of 1 1/2% per month or portion thereof until paid or 22 forfeited. The second installment of unpaid taxes shall be 23 deemed delinquent and shall bear interest after August 1 24 annually at the same interest rate until paid or forfeited. 25 If the county board elects by ordinance adopted prior to 26 July 1 of a levy year to provide for taxes to be paid in 4 27 installments, each installment for that levy year and each 28 subsequent year shall be deemed delinquent and shall begin to 29 bear interest 30 days after the date specified by the 30 ordinance for mailing bills, at the rate of 1 1/2% per month 31 or portion thereof, until paid or forfeited. 32 Payment received by mail and postmarked on or before the 33 required due date is not delinquent. SB380 Engrossed -4- LRB9105623PTpr 1 Taxes levied on homestead property in which a member of 2 the National Guard or reserves of the armed forces of the 3 United States who was called to active duty on or after 4 August 1, 1990, and who has an ownership interest, shall not 5 be deemed delinquent and no interest shall accrue or be 6 charged as a penalty on such taxes due and payable in 1991 or 7 1992 until one year after that member returns to civilian 8 status. 9 (Source: P.A. 87-17; 87-145; 87-208; 87-340; 87-895; 88-455; 10 88-518.)