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91_HB3947
LRB9112074SMdv
1 AN ACT to amend the Property Tax Code is amended by
2 changing 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 Section 21-40 and notwithstanding any other
15 provision, for taxable years 2000 and thereafter, farm
16 property assessed under Sections 10-110 through 10-140 upon
17 which the first installment of taxes remains unpaid on June 1
18 annually shall be deemed delinquent and shall bear interest
19 after June 1 at the rate of 1/2% per month or portion thereof
20 for a period of 5 years, after which time the rate of
21 interest shall be 1 1/2% per month or portion thereof. Except
22 as otherwise provided in this Section or Section 21-40, all
23 property upon which the second installment of taxes remains
24 due and unpaid on September 1, annually, shall be deemed
25 delinquent and shall bear interest after September 1 at the
26 same interest rate as the first installment. All interest
27 collected shall be paid into the general fund of the county.
28 Payment received by mail and postmarked on or before the
29 required due date is not delinquent.
30 Property not subject to the interest charge in Section
31 9-265 shall also not be subject to the interest charge
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1 imposed by this Section until such time as the owner of the
2 property receives actual notice of and is billed for the
3 principal amount of back taxes due and owing.
4 Notwithstanding any other provision of law, when any
5 unpaid taxes become delinquent under this Section through the
6 fault of the mortgage lender, (i) the interest assessed under
7 this Section for delinquent taxes shall be charged against
8 the mortgage lender and not the mortgagor and (ii) the
9 mortgage lender shall pay the taxes, redeem the property and
10 take all necessary steps to remove any liens accruing against
11 the property because of the delinquency. In the event that
12 more than one entity meets the definition of mortgage lender
13 with respect to any mortgage, the interest shall be assessed
14 against the mortgage lender responsible for servicing the
15 mortgage. Unpaid taxes shall be deemed delinquent through
16 the fault of the mortgage lender only if: (a) the mortgage
17 lender has received all payments due the mortgage lender for
18 the property being taxed under the written terms of the
19 mortgage or promissory note secured by the mortgage, (b) the
20 mortgage lender holds funds in escrow to pay the taxes, and
21 (c) the funds are sufficient to pay the taxes after deducting
22 all amounts reasonably anticipated to become due for all
23 hazard insurance premiums and mortgage insurance premiums and
24 any other assessments to be paid from the escrow under the
25 terms of the mortgage. For purposes of this Section, an
26 amount is reasonably anticipated to become due if it is
27 payable within 12 months from the time of determining the
28 sufficiency of funds held in escrow. Unpaid taxes shall not
29 be deemed delinquent through the fault of the mortgage lender
30 if the mortgage lender was directed in writing by the
31 mortgagor not to pay the property taxes, or if the failure to
32 pay the taxes when due resulted from inadequate or inaccurate
33 parcel information provided by the mortgagor, a title or
34 abstract company, or by the agency or unit of government
-3- LRB9112074SMdv
1 assessing the tax.
2 (Source: P.A. 90-336, eff. 1-1-98; 90-575, eff. 3-20-98;
3 91-199, eff. 1-1-00.)
4 (35 ILCS 200/21-20)
5 Sec. 21-20. Due dates; accelerated billing in counties
6 of less than 3,000,000. Except as otherwise provided in
7 Section 21-40, in counties with less than 3,000,000
8 inhabitants in which the accelerated method of billing and
9 paying taxes provided for in Section 21-30 is in effect, the
10 estimated first installment of unpaid taxes shall be deemed
11 delinquent and shall bear interest after a date not later
12 than June 1 annually as provided for in the ordinance or
13 resolution of the county board adopting the accelerated
14 method, at the rate of 1 1/2% per month or portion thereof
15 until paid or forfeited. Except as otherwise provided in
16 Section 21-40 and notwithstanding any other provision, for
17 taxable years 2000 and thereafter, in counties with less than
18 3,000,000 inhabitants in which the accelerated method of
19 billing and paying taxes provided for in Section 21-30 is in
20 effect, the estimated first installment of unpaid taxes on
21 farm property assessed under Sections 10-110 through 10-140
22 shall be deemed delinquent and shall bear interest, after a
23 date not later than June 1 annually as provided for in the
24 ordinance or resolution of the county board adopting the
25 accelerated method, at the rate of 1/2% per month or portion
26 thereof for a period of 5 years, after which time the rate of
27 interest shall be 1 1/2% per month or portion thereof until
28 paid or forfeited. The second installment of unpaid taxes
29 shall be deemed delinquent and shall bear interest after
30 August 1 annually at the same interest rate as the first
31 installment until paid or forfeited. Payment received by
32 mail and postmarked on or before the required due date is not
33 delinquent.
-4- LRB9112074SMdv
1 (Source: P.A. 91-199, eff. 1-1-00.)
2 (35 ILCS 200/21-25)
3 Sec. 21-25. Due dates; accelerated billing in counties
4 of 3,000,000 or more. Except as hereinafter provided and as
5 provided in Section 21-40, in counties with 3,000,000 or more
6 inhabitants in which the accelerated method of billing and
7 paying taxes provided for in Section 21-30 is in effect, the
8 estimated first installment of unpaid taxes shall be deemed
9 delinquent and shall bear interest after March 1 at the rate
10 of 1 1/2% per month or portion thereof until paid or
11 forfeited. Except as otherwise provided in this Section or in
12 Section 21-40 and notwithstanding any other provision, for
13 taxable years 2000 and thereafter, in counties with 3,000,000
14 or more inhabitants in which the accelerated method of
15 billing and paying taxes provided for in Section 21-30 is in
16 effect, the estimated first installment of unpaid taxes on
17 farm property assessed under Sections 10-110 through 10-140
18 shall be deemed delinquent and shall bear interest after
19 March 1 at the rate of 1/2% per month or portion thereof for
20 a period of 5 years, after which time the rate of interest
21 shall be 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 as the first installment
25 until paid or forfeited.
26 If the county board elects by ordinance adopted prior to
27 July 1 of a levy year to provide for taxes to be paid in 4
28 installments, each installment for that levy year and each
29 subsequent year shall be deemed delinquent and shall begin to
30 bear interest 30 days after the date specified by the
31 ordinance for mailing bills, at the rate of 1 1/2% per month
32 or portion thereof (or, for taxable years 2000 and
33 thereafter, for farm property assessed under Sections 10-110
-5- LRB9112074SMdv
1 through 10-140, at the rate of 1/2% per month or portion
2 thereof for a period of 5 years, after which time the rate of
3 interest shall be 1 1/2% per month or portion thereof) until
4 paid or forfeited.
5 Payment received by mail and postmarked on or before the
6 required due date is not delinquent.
7 Taxes levied on homestead property in which a member of
8 the National Guard or reserves of the armed forces of the
9 United States who was called to active duty on or after
10 August 1, 1990, and who has an ownership interest, shall not
11 be deemed delinquent and no interest shall accrue or be
12 charged as a penalty on such taxes due and payable in 1991 or
13 1992 until one year after that member returns to civilian
14 status.
15 (Source: P.A. 91-199, eff. 1-1-00.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.