Public Act 096-1248
 
HB6062 EnrolledLRB096 17995 HLH 33366 b



    AN ACT concerning local government.

 
    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 
Section 20-25 as follows:
 



    (35 ILCS 200/20-25)


    Sec. 20-25. Forms of payment. 

    (a) Taxes levied by taxing districts may be
satisfied by 
payment in legal money of the United States, cashier's check,

certified check, post office money order, bank money order 
issued by a national
or state bank that is insured by the 
Federal Deposit Insurance Corporation, or
by a personal or 
corporate check drawn on such a bank, to the respective

collection officers who are entitled by law to receive the tax 
payments or by
credit card in accordance with the Local 
Governmental Acceptance of Credit
Cards Act. A
county collector 
may refuse to accept a personal check within 30 days before a

tax sale.
    (b) Beginning on January 1, 2012, subject to compliance 
with all applicable purchasing requirements, a county with a 
population of
more than 3,000,000 is required to accept payment 
by credit card for each installment of property taxes; provided 
that all service charges or fees, as determined by the county, 
associated with the processing or accepting of a credit card 
payment by the county shall be paid by the taxpayer. If a 
taxpayer elects to make a property tax payment by credit card 
and a service charge or fee is imposed, the payment of that 
service charge or fee shall be deemed voluntary by the taxpayer 
and shall not be refundable.  Nothing in this subsection 
requires a county with a population of more than 3,000,000 to 
accept payment by credit card for the payment on any 
installment of taxes that is delinquent under Section 21-10, 
21-25, or 21-30 of the Property Tax Code or for the purposes of 
any tax sale or scavenger sale under Division 3.5, 4, or 5 of 
Article 21 of the Property Tax Code.
A county that accepts 
payment of property taxes by credit card in accordance with the 
terms of this subsection shall not incur liability for or 
associated with the collection of a property tax payment by 
credit card.  The public hearing requirement of subsection (a) 
of Section 20 of the Local Governmental Acceptance of Credit 
Cards Act shall not apply to this subsection.  This subsection 
is a limitation under subsection (i) of Section
6 of Article 
VII of the Illinois Constitution on the concurrent
exercise by 
home rule units of powers and functions exercised
by the State.


(Source: P.A. 90-518, eff. 8-22-97.)



 
    Section 7. The Local Government Acceptance of Credit Cards 
Act is amended  by changing Section 20 as follows:
 



    (50 ILCS 345/20)



    Sec. 20. Election by local governmental entities to accept 
credit cards. 

    (a) The decision whether to accept credit card payments for 
any particular
type of obligation shall be made by
the 
governing body of the local governmental entity that has 
general
discretionary authority over the manner of
acceptance 
of payments.
The governing body may adopt
reasonable rules 
governing the manner of acceptance of payments by credit card.

Except as provided in subsection (b) of Section 20-25 of the 
Property Tax Code, no No decision to accept credit card 
payments under this Act shall be made until
the governing body 
has determined, following a public hearing held not sooner
than 
10 nor later
than 30 days following public notice of the 
hearing, that the acceptance of
credit card payments for the 
types of authorized obligations specified in the
public notice 
is in the best interests of the citizens and governmental

administration of the local governmental entity or community 
college
and of the students and taxpayers thereof.

    (b) The governing body of the entity accepting payment by 
credit card may
enter into agreements with one or more 
financial institutions
or other service providers to 
facilitate the acceptance and processing of
credit card 
payments.
Such agreements shall identify the specific services 
to be provided,
an itemized list of the fees charged, and the 
means by which each such fee
shall be paid.  Such agreements may 
include a discount fee to cover the costs
of
interchange, 
assessments and authorizations, a per item processing fee for 
the
service provider, and any other fee, including a payment of 
a surcharge or
convenience fee, that may be applicable to 
specific circumstances.
Any agreement for
acceptance of 
payments by credit cards may be canceled by the governmental

entity upon giving reasonable notice of intent to cancel.

    (c) An entity accepting payments by credit card may pay 
amounts due
a financial institution or other service provider 
by (i) paying the
financial
institution or other service 
provider upon
presentation
of an invoice or (ii) allowing the 
financial institution or other service
provider to withhold the 
amount of
the fees from the credit card payment.  A discount or 
processing fee may be
authorized whenever the governing body of 
the entity determines that any
reduction of revenue resulting 
from the discount or processing fee will be in
the best

interest of the entity.
Items that may be considered in making 
a determination to authorize the payment
of fees or the 
acceptance of a discount include, but are not limited to,

improved governmental cash flows, reduction of governmental 
overhead, improved
governmental financial security,
a 
combination of these items, and the benefit of increased public 
convenience.
No payment to or withheld by a financial 
institution or other service provider
may exceed the amounts 
authorized under subsection (b) of Section 25.

    (d) Unless specifically prohibited by an ordinance or rule 
adopted by the
governing body of the local governmental entity, 
a person may pay multiple tax
bills in a single transaction.

(Source: P.A. 90-518, eff. 8-22-97.)

 
    Section 10. The State Mandates Act is amended by adding 
Section 8.34 as follows:
 
    (30 ILCS 805/8.34 new)
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 96th General Assembly.

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.