State of Illinois
91st General Assembly
Legislation

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


[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_SB1304eng

 
SB1304 Engrossed                               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 the reserves of the armed forces of the
27    United States who has an ownership interest in property taxed
28    under this Act is called to active duty and is on active duty
29    on the due date of any installment of taxes  due  under  this
30    Act,  he or she shall not be deemed delinquent in the payment
31    of the installment and no interest shall accrue or be charged
 
SB1304 Engrossed            -2-                LRB9108575SMdv
 1    as a penalty on the installment  until  30  days  after  that
 2    member returns to civilian status.
 3        Notwithstanding  any  other  provision  of  law, when any
 4    unpaid taxes become delinquent under this Section through the
 5    fault of the mortgage lender, (i) the interest assessed under
 6    this Section for delinquent taxes shall  be  charged  against
 7    the  mortgage  lender  and  not  the  mortgagor  and (ii) the
 8    mortgage lender shall pay the taxes, redeem the property  and
 9    take all necessary steps to remove any liens accruing against
10    the  property  because  of the delinquency. In the event that
11    more than one entity meets the definition of mortgage  lender
12    with  respect to any mortgage, the interest shall be assessed
13    against the mortgage lender  responsible  for  servicing  the
14    mortgage.   Unpaid  taxes  shall be deemed delinquent through
15    the fault of the mortgage lender only if:  (a)  the  mortgage
16    lender  has received all payments due the mortgage lender for
17    the property being taxed  under  the  written  terms  of  the
18    mortgage  or promissory note secured by the mortgage, (b) the
19    mortgage lender holds funds in escrow to pay the  taxes,  and
20    (c) the funds are sufficient to pay the taxes after deducting
21    all  amounts  reasonably  anticipated  to  become due for all
22    hazard insurance premiums and mortgage insurance premiums and
23    any other assessments to be paid from the  escrow  under  the
24    terms  of  the  mortgage.  For  purposes  of this Section, an
25    amount is reasonably anticipated  to  become  due  if  it  is
26    payable  within  12  months  from the time of determining the
27    sufficiency of funds held in escrow.  Unpaid taxes shall  not
28    be deemed delinquent through the fault of the mortgage lender
29    if  the  mortgage  lender  was  directed  in  writing  by the
30    mortgagor not to pay the property taxes, or if the failure to
31    pay the taxes when due resulted from inadequate or inaccurate
32    parcel information provided by  the  mortgagor,  a  title  or
33    abstract  company,  or  by  the  agency or unit of government
34    assessing the tax.
 
SB1304 Engrossed            -3-                LRB9108575SMdv
 1    (Source: P.A. 90-336,  eff.  1-1-98;  90-575,  eff.  3-20-98;
 2    91-199, eff. 1-1-00.)

 3        (35 ILCS 200/21-20)
 4        Sec.  21-20.   Due dates; accelerated billing in counties
 5    of less than  3,000,000.  Except  as  otherwise  provided  in
 6    Section   21-40,   in   counties  with  less  than  3,000,000
 7    inhabitants in which the accelerated method  of  billing  and
 8    paying  taxes provided for in Section 21-30 is in effect, the
 9    estimated first installment of unpaid taxes shall  be  deemed
10    delinquent  and  shall  bear  interest after a date not later
11    than June 1 annually as provided  for  in  the  ordinance  or
12    resolution  of  the  county  board  adopting  the accelerated
13    method, at the rate of 1 1/2% per month  or  portion  thereof
14    until  paid  or  forfeited.  The second installment of unpaid
15    taxes shall be deemed  delinquent  and  shall  bear  interest
16    after  August 1 annually at the same interest rate until paid
17    or forfeited.  Payment received by mail and postmarked on  or
18    before the required due date is not delinquent.
19        If  a  member  of the reserves of the armed forces of the
20    United States who has an ownership interest in property taxed
21    under this Act is called to active duty and is on active duty
22    on the due date of any installment of taxes  due  under  this
23    Act,  he or she shall not be deemed delinquent in the payment
24    of the installment and no interest shall accrue or be charged
25    as a penalty on the installment  until  30  days  after  that
26    member returns to civilian status.
27    (Source: P.A. 91-199, eff. 1-1-00.)

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

[ Top ]