[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
91_SB1304
LRB9108575SMdv
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 If a member of the reserves of the armed forces of the
27 United States who has an ownership interest in property taxed
28 under this Act is called to active duty and is on active duty
29 on the due date of any installment of taxes due under this
30 Act, he or she shall not be deemed delinquent in the payment
31 of the installment and no interest shall accrue or be charged
-2- LRB9108575SMdv
1 as a penalty on the installment until 30 days after that
2 member returns to civilian status.
3 Notwithstanding any other provision of law, when any
4 unpaid taxes become delinquent under this Section through the
5 fault of the mortgage lender, (i) the interest assessed under
6 this Section for delinquent taxes shall be charged against
7 the mortgage lender and not the mortgagor and (ii) the
8 mortgage lender shall pay the taxes, redeem the property and
9 take all necessary steps to remove any liens accruing against
10 the property because of the delinquency. In the event that
11 more than one entity meets the definition of mortgage lender
12 with respect to any mortgage, the interest shall be assessed
13 against the mortgage lender responsible for servicing the
14 mortgage. Unpaid taxes shall be deemed delinquent through
15 the fault of the mortgage lender only if: (a) the mortgage
16 lender has received all payments due the mortgage lender for
17 the property being taxed under the written terms of the
18 mortgage or promissory note secured by the mortgage, (b) the
19 mortgage lender holds funds in escrow to pay the taxes, and
20 (c) the funds are sufficient to pay the taxes after deducting
21 all amounts reasonably anticipated to become due for all
22 hazard insurance premiums and mortgage insurance premiums and
23 any other assessments to be paid from the escrow under the
24 terms of the mortgage. For purposes of this Section, an
25 amount is reasonably anticipated to become due if it is
26 payable within 12 months from the time of determining the
27 sufficiency of funds held in escrow. Unpaid taxes shall not
28 be deemed delinquent through the fault of the mortgage lender
29 if the mortgage lender was directed in writing by the
30 mortgagor not to pay the property taxes, or if the failure to
31 pay the taxes when due resulted from inadequate or inaccurate
32 parcel information provided by the mortgagor, a title or
33 abstract company, or by the agency or unit of government
34 assessing the tax.
-3- LRB9108575SMdv
1 (Source: P.A. 90-336, eff. 1-1-98; 90-575, eff. 3-20-98;
2 91-199, eff. 1-1-00.)
3 (35 ILCS 200/21-20)
4 Sec. 21-20. Due dates; accelerated billing in counties
5 of less than 3,000,000. Except as otherwise provided in
6 Section 21-40, in counties with less than 3,000,000
7 inhabitants in which the accelerated method of billing and
8 paying taxes provided for in Section 21-30 is in effect, the
9 estimated first installment of unpaid taxes shall be deemed
10 delinquent and shall bear interest after a date not later
11 than June 1 annually as provided for in the ordinance or
12 resolution of the county board adopting the accelerated
13 method, at the rate of 1 1/2% per month or portion thereof
14 until paid or forfeited. The second installment of unpaid
15 taxes shall be deemed delinquent and shall bear interest
16 after August 1 annually at the same interest rate until paid
17 or forfeited. Payment received by mail and postmarked on or
18 before the required due date is not delinquent.
19 If a member of the reserves of the armed forces of the
20 United States who has an ownership interest in property taxed
21 under this Act is called to active duty and is on active duty
22 on the due date of any installment of taxes due under this
23 Act, he or she shall not be deemed delinquent in the payment
24 of the installment and no interest shall accrue or be charged
25 as a penalty on the installment until 30 days after that
26 member returns to civilian status.
27 (Source: P.A. 91-199, eff. 1-1-00.)
28 (35 ILCS 200/21-25)
29 Sec. 21-25. Due dates; accelerated billing in counties
30 of 3,000,000 or more. Except as hereinafter provided and as
31 provided in Section 21-40, in counties with 3,000,000 or more
32 inhabitants in which the accelerated method of billing and
-4- LRB9108575SMdv
1 paying taxes provided for in Section 21-30 is in effect, the
2 estimated first installment of unpaid taxes shall be deemed
3 delinquent and shall bear interest after March 1 at the rate
4 of 1 1/2% per month or portion thereof until paid or
5 forfeited. The second installment of unpaid taxes shall be
6 deemed delinquent and shall bear interest after August 1
7 annually at the same interest rate until paid or forfeited.
8 If the county board elects by ordinance adopted prior to
9 July 1 of a levy year to provide for taxes to be paid in 4
10 installments, each installment for that levy year and each
11 subsequent year shall be deemed delinquent and shall begin to
12 bear interest 30 days after the date specified by the
13 ordinance for mailing bills, at the rate of 1 1/2% per month
14 or portion thereof, until paid or forfeited.
15 Payment received by mail and postmarked on or before the
16 required due date is not delinquent.
17 Taxes levied on homestead property in which a member of
18 the National Guard or reserves of the armed forces of the
19 United States who was called to active duty on or after
20 August 1, 1990, and who has an ownership interest, shall not
21 be deemed delinquent and no interest shall accrue or be
22 charged as a penalty on such taxes due and payable in 1991 or
23 1992 until one year after that member returns to civilian
24 status.
25 If a member of the reserves of the armed forces of the
26 United States who has an ownership interest in property taxed
27 under this Act is called to active duty and is on active duty
28 on the due date of any installment of taxes due under this
29 Act, he or she shall not be deemed delinquent in the payment
30 of the installment and no interest shall accrue or be charged
31 as a penalty on the installment until 30 days after that
32 member returns to civilian status.
33 (Source: P.A. 91-199, eff. 1-1-00.)
-5- LRB9108575SMdv
1 Section 99. Effective date. This Act takes effect upon
2 becoming law .