Public Act 93-0560

SB813 Enrolled                       LRB093 10070 SJM 10321 b

    AN ACT concerning taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Property Tax Code is amended by changing
Sections 9-260, 21-15, and 21-30 as follows:

    (35 ILCS 200/9-260)
    Sec. 9-260.  Assessment of omitted property; counties  of
3,000,000 or more.
    (a)  After  signing  the  affidavit,  the county assessor
shall have power, when  directed  by  the  board  of  appeals
(until  the  first  Monday  in December 1998 and the board of
review beginning  the  first  Monday  in  December  1998  and
thereafter),  or  on  his  or  her  own initiative, to assess
properties which may have been omitted from  assessments  for
the  current  year  or during any year or years for which the
property was liable to be taxed, and for which  the  tax  has
not  been  paid,  but only on notice and an opportunity to be
heard in the manner and form required by law, and shall enter
the assessments upon the assessment books.  No charge for tax
of previous years shall be made against any property  if  (a)
the  property  was last assessed as unimproved, (b) the owner
of such property gave notice of subsequent  improvements  and
requested  a  reassessment  as required by Section 9-180, and
(c) reassessment of the property was not made within  the  16
month  period  immediately  following  the  receipt  of  that
notice.
    (b)  Any  taxes  based  on  the  omitted  assessment of a
property pursuant to Sections 9-260 through  9-270  shall  be
prepared  and  mailed at the same time as the estimated first
installment property tax bill  for  the  preceding  year  (as
described  in  Section  21-30)  is  prepared  and mailed. The
omitted assessment tax bill is not  due  until  the  date  on
which  the  second  installment  property  tax  bill  for the
preceding year becomes due. The omitted assessment  tax  bill
shall  be deemed delinquent and shall bear interest beginning
on the day after the due date of the second  installment  (as
described   in   Section   21-25).   Any  taxes  for  omitted
assessments deemed delinquent  after  the  due  date  of  the
second  installment  tax bill shall bear interest at the rate
of 1.5% per month or portion thereof until paid or  forfeited
(as described in Section 21-25).
    (c)  The  assessor  shall  have  no  power  to change the
assessment or alter the assessment books in any other  manner
or  for any other purpose so as to change or affect the taxes
in that year, except as  ordered  by  the  board  of  appeals
(until  the  first  Monday  in December 1998 and the board of
review beginning  the  first  Monday  in  December  1998  and
thereafter).   The county assessor shall make all changes and
corrections ordered by the board of appeals (until the  first
Monday in December 1998 and the board of review beginning the
first  Monday  in  December  1998 and thereafter). The county
assessor may for the purpose of  revision  by  the  board  of
appeals  (until  the  first  Monday  in December 1998 and the
board of review beginning the first Monday in  December  1998
and  thereafter) certify the assessment books for any town or
taxing district after or when such books are completed.
(Source: P.A. 88-455;  89-126,  eff.  7-11-95;  89-671,  eff.
8-14-96.)

    (35 ILCS 200/21-15)
    Sec.  21-15.   General tax due dates; default by mortgage
lender. Except as  otherwise  provided  in  this  Section  or
Section  21-40, all property upon which the first installment
of taxes remains unpaid on June 1 annually  shall  be  deemed
delinquent  and  shall bear interest after June 1 at the rate
of 1 1/2% per month or portion thereof.  Except as  otherwise
provided  in this Section or Section 21-40, all property upon
which the second installment of taxes remains due and  unpaid
on  September  1,  annually,  shall  be deemed delinquent and
shall bear interest after September 1 at  the  same  interest
rate.  All  interest collected shall be paid into the general
fund of the county.  Payment received by mail and  postmarked
on or before the required due date is not delinquent.
    Property  not  subject  to the interest charge in Section
9-260 or Section 9-265 shall  also  not  be  subject  to  the
interest  charge  imposed  by this Section until such time as
the owner of the property receives actual notice  of  and  is
billed for the principal amount of back taxes due and owing.
    If a member of a reserve component of the armed forces of
the  United  States who has an ownership interest in property
taxed under this Act is called to active duty for  deployment
outside  the  continental United States and is on active duty
on the due date of any installment of taxes  due  under  this
Act,  he or she shall not be deemed delinquent in the payment
of the installment and no interest shall accrue or be charged
as a penalty on the installment  until  30  days  after  that
member returns from active duty.
    Notwithstanding  any  other  provision  of  law, when any
unpaid taxes become delinquent under this Section through the
fault of the mortgage lender, (i) the interest assessed under
this Section for delinquent taxes shall  be  charged  against
the  mortgage  lender  and  not  the  mortgagor  and (ii) the
mortgage lender shall pay the taxes, redeem the property  and
take all necessary steps to remove any liens accruing against
the  property  because  of the delinquency. In the event that
more than one entity meets the definition of mortgage  lender
with  respect to any mortgage, the interest shall be assessed
against the mortgage lender  responsible  for  servicing  the
mortgage.   Unpaid  taxes  shall be deemed delinquent through
the fault of the mortgage lender only if:  (a)  the  mortgage
lender  has received all payments due the mortgage lender for
the property being taxed  under  the  written  terms  of  the
mortgage  or promissory note secured by the mortgage, (b) the
mortgage lender holds funds in escrow to pay the  taxes,  and
(c) the funds are sufficient to pay the taxes after deducting
all  amounts  reasonably  anticipated  to  become due for all
hazard insurance premiums and mortgage insurance premiums and
any other assessments to be paid from the  escrow  under  the
terms  of  the  mortgage.  For  purposes  of this Section, an
amount is reasonably anticipated  to  become  due  if  it  is
payable  within  12  months  from the time of determining the
sufficiency of funds held in escrow.  Unpaid taxes shall  not
be deemed delinquent through the fault of the mortgage lender
if  the  mortgage  lender  was  directed  in  writing  by the
mortgagor not to pay the property taxes, or if the failure to
pay the taxes when due resulted from inadequate or inaccurate
parcel information provided by  the  mortgagor,  a  title  or
abstract  company,  or  by  the  agency or unit of government
assessing the tax.
(Source: P.A. 90-336,  eff.  1-1-98;  90-575,  eff.  3-20-98;
91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

    (35 ILCS 200/21-30)
    Sec.  21-30.  Accelerated  billing. Except as provided in
this Section, Section 9-260, and Section 21-40,  in  counties
with  3,000,000  or more inhabitants, by January 31 annually,
estimated tax bills setting  out  the  first  installment  of
property  taxes for the preceding year, payable in that year,
shall be prepared and mailed. The first installment of  taxes
on  the  estimated  tax bills shall be computed at 50% of the
total of each tax bill for the preceding year. If,  prior  to
the  preparation of the estimated tax bills, a certificate of
error has been either  approved  by  a  court  on  or  before
November  30  of  the preceding year or certified pursuant to
Section 14-15 on or before November 30 of the preceding year,
then the first installment of  taxes  on  the  estimated  tax
bills  shall  be  computed  at 50% of the total taxes for the
preceding year as corrected by the certificate of  error.  By
June  30  annually,  actual  tax  bills shall be prepared and
mailed. These bills shall set out total  taxes  due  and  the
amount  of  estimated  taxes billed in the first installment,
and shall state the balance of taxes due  for  that  year  as
represented by the sum derived from subtracting the amount of
the first installment from the total taxes due for that year.
    The  county  board  may provide by ordinance, in counties
with 3,000,000 or more inhabitants, for taxes to be paid in 4
installments.  For the levy year for which the  ordinance  is
first effective and each subsequent year, estimated tax bills
setting out the first, second, and third installment of taxes
for  the  preceding  year,  payable  in  that  year, shall be
prepared and mailed not later  than  the  date  specified  by
ordinance.   Each installment on estimated tax bills shall be
computed at 25% of  the  total  of  each  tax  bill  for  the
preceding  year.  By  the  date  specified  in the ordinance,
actual tax bills shall be prepared and mailed.   These  bills
shall  set  out  total  taxes due and the amount of estimated
taxes billed in the first, second, and third installments and
shall state the  balance  of  taxes  due  for  that  year  as
represented by the sum derived from subtracting the amount of
the  estimated installments from the total taxes due for that
year.
    The county board of any county with less  than  3,000,000
inhabitants   may,  by  ordinance  or  resolution,  adopt  an
accelerated method of  tax  billing.  The  county  board  may
subsequently  rescind  the ordinance or resolution and revert
to the method otherwise provided for in this Code.
    Taxes levied on homestead property in which a  member  of
the  National  Guard  or  reserves of the armed forces of the
United States who was called  to  active  duty  on  or  after
August  1,  1990, and who has an ownership interest shall not
be deemed delinquent and  no  interest  shall  accrue  or  be
charged as a penalty on such taxes due and payable in 1991 or
1992  until  one  year  after that member returns to civilian
status.
(Source: P.A. 92-475, eff. 8-23-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.