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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_SB1304enr SB1304 Enrolled 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 a reserve component of the armed forces of 27 the United States who has an ownership interest in property 28 taxed under this Act is called to active duty for deployment 29 outside the continental United States and is on active duty 30 on the due date of any installment of taxes due under this 31 Act, he or she shall not be deemed delinquent in the payment SB1304 Enrolled -2- LRB9108575SMdv 1 of the installment and no interest shall accrue or be charged 2 as a penalty on the installment until 30 days after that 3 member returns from active duty. 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 SB1304 Enrolled -3- LRB9108575SMdv 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. The second installment of unpaid 16 taxes shall be deemed delinquent and shall bear interest 17 after August 1 annually at the same interest rate until paid 18 or forfeited. Payment received by mail and postmarked on or 19 before the required due date is not delinquent. 20 If a member of a reserve component of the armed forces of 21 the United States who has an ownership interest in property 22 taxed under this Act is called to active duty for deployment 23 outside the continental United States and is on active duty 24 on the due date of any installment of taxes due under this 25 Act, he or she shall not be deemed delinquent in the payment 26 of the installment and no interest shall accrue or be charged 27 as a penalty on the installment until 30 days after that 28 member returns from active duty. 29 (Source: P.A. 91-199, eff. 1-1-00.) 30 (35 ILCS 200/21-25) 31 Sec. 21-25. Due dates; accelerated billing in counties 32 of 3,000,000 or more. Except as hereinafter provided and as SB1304 Enrolled -4- LRB9108575SMdv 1 provided in Section 21-40, in counties with 3,000,000 or more 2 inhabitants in which the accelerated method of billing and 3 paying taxes provided for in Section 21-30 is in effect, the 4 estimated first installment of unpaid taxes shall be deemed 5 delinquent and shall bear interest after March 1 at the rate 6 of 1 1/2% per month or portion thereof until paid or 7 forfeited. The second installment of unpaid taxes shall be 8 deemed delinquent and shall bear interest after August 1 9 annually at the same interest rate until paid or forfeited. 10 If the county board elects by ordinance adopted prior to 11 July 1 of a levy year to provide for taxes to be paid in 4 12 installments, each installment for that levy year and each 13 subsequent year shall be deemed delinquent and shall begin to 14 bear interest 30 days after the date specified by the 15 ordinance for mailing bills, at the rate of 1 1/2% per month 16 or portion thereof, until paid or forfeited. 17 Payment received by mail and postmarked on or before the 18 required due date is not delinquent. 19 Taxes levied on homestead property in which a member of 20 the National Guard or reserves of the armed forces of the 21 United States who was called to active duty on or after 22 August 1, 1990, and who has an ownership interest, shall not 23 be deemed delinquent and no interest shall accrue or be 24 charged as a penalty on such taxes due and payable in 1991 or 25 1992 until one year after that member returns to civilian 26 status. 27 If a member of a reserve component of the armed forces of 28 the United States who has an ownership interest in property 29 taxed under this Act is called to active duty for deployment 30 outside the continental United States and is on active duty 31 on the due date of any installment of taxes due under this 32 Act, he or she shall not be deemed delinquent in the payment 33 of the installment and no interest shall accrue or be charged 34 as a penalty on the installment until 30 days after that SB1304 Enrolled -5- LRB9108575SMdv 1 member returns to civilian status. 2 (Source: P.A. 91-199, eff. 1-1-00.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.