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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
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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
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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.
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