State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ]

91_SB0380enr

 
SB380 Enrolled                                 LRB9105623PTpr

 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        Notwithstanding  any  other  provision  of  law, when any
27    unpaid taxes become delinquent under this Section through the
28    fault of the mortgage lender, (i) the interest assessed under
29    this Section for delinquent taxes shall  be  charged  against
30    the  mortgage  lender  and  not  the  mortgagor  and (ii) the
31    mortgage lender shall pay the taxes, redeem the property  and
 
SB380 Enrolled              -2-                LRB9105623PTpr
 1    take all necessary steps to remove any liens accruing against
 2    the  property  because  of the delinquency. In the event that
 3    more than one entity meets the definition of mortgage  lender
 4    with  respect to any mortgage, the interest shall be assessed
 5    against the mortgage lender  responsible  for  servicing  the
 6    mortgage.   Unpaid  taxes  shall be deemed delinquent through
 7    the fault of the mortgage lender only if:  (a)  the  mortgage
 8    lender  has received all payments due the mortgage lender for
 9    the property being taxed  under  the  written  terms  of  the
10    mortgage  or promissory note secured by the mortgage, (b) the
11    mortgage lender holds funds in escrow to pay the  taxes,  and
12    (c) the funds are sufficient to pay the taxes after deducting
13    all  amounts  reasonably  anticipated  to  become due for all
14    hazard insurance premiums and mortgage insurance premiums and
15    any other assessments to be paid from the  escrow  under  the
16    terms  of  the  mortgage.  For  purposes  of this Section, an
17    amount is reasonably anticipated  to  become  due  if  it  is
18    payable  within  12  months  from the time of determining the
19    sufficiency of funds held in escrow.  Unpaid taxes shall  not
20    be deemed delinquent through the fault of the mortgage lender
21    if  the  mortgage  lender  was  directed  in  writing  by the
22    mortgagor not to pay the property taxes, or if the failure to
23    pay the taxes when due resulted from inadequate or inaccurate
24    parcel information provided by  the  mortgagor,  a  title  or
25    abstract  company,  or  by  the  agency or unit of government
26    assessing the tax.
27    (Source: P.A. 90-336, eff. 1-1-98; 90-575, eff. 3-20-98.)

28        (35 ILCS 200/21-20)
29        Sec. 21-20.  Due dates; accelerated billing  in  counties
30    of  less  than  3,000,000.  Except  as  otherwise provided in
31    Section  21-40,  in  counties  with   less   than   3,000,000
32    inhabitants  in  which  the accelerated method of billing and
33    paying taxes provided for in Section 21-30 is in effect,  the
 
SB380 Enrolled              -3-                LRB9105623PTpr
 1    estimated  first  installment of unpaid taxes shall be deemed
 2    delinquent and shall bear interest after  a  date  not  later
 3    than  June  1  annually  as  provided for in the ordinance or
 4    resolution of  the  county  board  adopting  the  accelerated
 5    method,  at  the  rate of 1 1/2% per month or portion thereof
 6    until paid or forfeited. The  second  installment  of  unpaid
 7    taxes  shall  be  deemed  delinquent  and shall bear interest
 8    after August 1 annually at the same interest rate until  paid
 9    or  forfeited.  Payment received by mail and postmarked on or
10    before the required due date is not delinquent.
11    (Source: P.A. 87-17; 87-145; 87-208; 87-340; 87-895;  88-455;
12    88-518.)

13        (35 ILCS 200/21-25)
14        Sec.  21-25.   Due dates; accelerated billing in counties
15    of 3,000,000 or more.  Except as hereinafter provided and  as
16    provided in Section 21-40, in counties with 3,000,000 or more
17    inhabitants  in  which  the accelerated method of billing and
18    paying taxes provided for in Section 21-30 is in effect,  the
19    estimated  first  installment of unpaid taxes shall be deemed
20    delinquent and shall bear interest after March 1 at the  rate
21    of  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 until paid or forfeited.
25        If the county board elects by ordinance adopted prior  to
26    July  1  of  a levy year to provide for taxes to be paid in 4
27    installments, each installment for that levy  year  and  each
28    subsequent year shall be deemed delinquent and shall begin to
29    bear  interest  30  days  after  the  date  specified  by the
30    ordinance for mailing bills, at the rate of 1 1/2% per  month
31    or portion thereof, until paid or forfeited.
32        Payment  received by mail and postmarked on or before the
33    required due date is not delinquent.
 
SB380 Enrolled              -4-                LRB9105623PTpr
 1        Taxes levied on homestead property in which a  member  of
 2    the  National  Guard  or  reserves of the armed forces of the
 3    United States who was called  to  active  duty  on  or  after
 4    August  1, 1990, and who has an ownership interest, shall not
 5    be deemed delinquent and  no  interest  shall  accrue  or  be
 6    charged as a penalty on such taxes due and payable in 1991 or
 7    1992  until  one  year  after that member returns to civilian
 8    status.
 9    (Source: P.A. 87-17; 87-145; 87-208; 87-340; 87-895;  88-455;
10    88-518.)

[ Top ]