State of Illinois
91st General Assembly
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Public Act 91-0199

SB380 Enrolled                                 LRB9105623PTpr

    AN ACT  to  amend  the  Property  Tax  Code  by  changing
Sections 21-15, 21-20, and 21-25.

    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 21-15, 21-20, and 21-25 as follows:

    (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
9-265 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.
    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.)

    (35 ILCS 200/21-20)
    Sec. 21-20.  Due dates; accelerated billing  in  counties
of  less  than  3,000,000.  Except  as  otherwise provided in
Section  21-40,  in  counties  with   less   than   3,000,000
inhabitants  in  which  the accelerated method of billing and
paying taxes provided for in Section 21-30 is in effect,  the
estimated  first  installment of unpaid taxes shall be deemed
delinquent and shall bear interest after  a  date  not  later
than  June  1  annually  as  provided for in the ordinance or
resolution of  the  county  board  adopting  the  accelerated
method,  at  the  rate of 1 1/2% per month or portion thereof
until paid or forfeited. The  second  installment  of  unpaid
taxes  shall  be  deemed  delinquent  and shall bear interest
after August 1 annually at the same interest rate until  paid
or  forfeited.  Payment received by mail and postmarked on or
before the required due date is not delinquent.
(Source: P.A. 87-17; 87-145; 87-208; 87-340; 87-895;  88-455;
88-518.)

    (35 ILCS 200/21-25)
    Sec.  21-25.   Due dates; accelerated billing in counties
of 3,000,000 or more.  Except as hereinafter provided and  as
provided in Section 21-40, in counties with 3,000,000 or more
inhabitants  in  which  the accelerated method of billing and
paying taxes provided for in Section 21-30 is in effect,  the
estimated  first  installment of unpaid taxes shall be deemed
delinquent and shall bear interest after March 1 at the  rate
of  1  1/2%  per  month  or  portion  thereof  until  paid or
forfeited. The second installment of unpaid  taxes  shall  be
deemed  delinquent  and  shall  bear  interest after August 1
annually at the same interest rate until paid or forfeited.
    If the county board elects by ordinance adopted prior  to
July  1  of  a levy year to provide for taxes to be paid in 4
installments, each installment for that levy  year  and  each
subsequent year shall be deemed delinquent and shall begin to
bear  interest  30  days  after  the  date  specified  by the
ordinance for mailing bills, at the rate of 1 1/2% per  month
or portion thereof, until paid or forfeited.
    Payment  received by mail and postmarked on or before the
required due date is not delinquent.
    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. 87-17; 87-145; 87-208; 87-340; 87-895;  88-455;
88-518.)

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