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91_SB1304eng SB1304 Engrossed 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 SB1304 Engrossed -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. SB1304 Engrossed -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 SB1304 Engrossed -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.) SB1304 Engrossed -5- LRB9108575SMdv 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.