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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 20-25 as follows:
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6 | (35 ILCS 200/20-25)
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7 | Sec. 20-25. Forms of payment.
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8 | (a) Taxes levied by taxing districts may be
satisfied by | ||||||
9 | payment in legal money of the United States, cashier's check,
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10 | certified check, post office money order, bank money order | ||||||
11 | issued by a national
or state bank that is insured by the | ||||||
12 | Federal Deposit Insurance Corporation, or
by a personal or | ||||||
13 | corporate check drawn on such a bank, to the respective
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14 | collection officers who are entitled by law to receive the tax | ||||||
15 | payments or by
credit card in accordance with the Local | ||||||
16 | Governmental Acceptance of Credit
Cards Act. A
county collector | ||||||
17 | may refuse to accept a personal check within 30 days before a
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18 | tax sale. | ||||||
19 | (b) Beginning on January 1, 2012, subject to compliance | ||||||
20 | with all applicable purchasing requirements, a county with a | ||||||
21 | population of
more than 3,000,000 is required to accept payment | ||||||
22 | by credit card for each installment of property taxes; provided | ||||||
23 | that all service charges or fees, as determined by the county, |
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1 | associated with the processing or accepting of a credit card | ||||||
2 | payment by the county shall be paid by the taxpayer. If a | ||||||
3 | taxpayer elects to make a property tax payment by credit card | ||||||
4 | and a service charge or fee is imposed, the payment of that | ||||||
5 | service charge or fee shall be deemed voluntary by the taxpayer | ||||||
6 | and shall not be refundable. Nothing in this subsection | ||||||
7 | requires a county with a population of more than 3,000,000 to | ||||||
8 | accept payment by credit card for the payment on any | ||||||
9 | installment of taxes that is delinquent under Section 21-10, | ||||||
10 | 21-25, or 21-30 of the Property Tax Code or for the purposes of | ||||||
11 | any tax sale or scavenger sale under Division 3.5, 4, or 5 of | ||||||
12 | Article 21 of the Property Tax Code.
A county that accepts | ||||||
13 | payment of property taxes by credit card in accordance with the | ||||||
14 | terms of this subsection shall not incur liability for or | ||||||
15 | associated with the collection of a property tax payment by | ||||||
16 | credit card. The public hearing requirement of subsection (a) | ||||||
17 | of Section 20 of the Local Governmental Acceptance of Credit | ||||||
18 | Cards Act shall not apply to this subsection. This subsection | ||||||
19 | is a limitation under subsection (i) of Section
6 of Article | ||||||
20 | VII of the Illinois Constitution on the concurrent
exercise by | ||||||
21 | home rule units of powers and functions exercised
by the State.
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22 | (Source: P.A. 90-518, eff. 8-22-97.)
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23 | Section 7. The Local Government Acceptance of Credit Cards | ||||||
24 | Act is amended by changing Section 20 as follows:
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1 | (50 ILCS 345/20)
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2 | Sec. 20. Election by local governmental entities to accept | ||||||
3 | credit cards.
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4 | (a) The decision whether to accept credit card payments for | ||||||
5 | any particular
type of obligation shall be made by
the | ||||||
6 | governing body of the local governmental entity that has | ||||||
7 | general
discretionary authority over the manner of
acceptance | ||||||
8 | of payments.
The governing body may adopt
reasonable rules | ||||||
9 | governing the manner of acceptance of payments by credit card.
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10 | Except as provided in subsection (b) of Section 20-25 of the | ||||||
11 | Property Tax Code, no No decision to accept credit card | ||||||
12 | payments under this Act shall be made until
the governing body | ||||||
13 | has determined, following a public hearing held not sooner
than | ||||||
14 | 10 nor later
than 30 days following public notice of the | ||||||
15 | hearing, that the acceptance of
credit card payments for the | ||||||
16 | types of authorized obligations specified in the
public notice | ||||||
17 | is in the best interests of the citizens and governmental
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18 | administration of the local governmental entity or community | ||||||
19 | college
and of the students and taxpayers thereof.
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20 | (b) The governing body of the entity accepting payment by | ||||||
21 | credit card may
enter into agreements with one or more | ||||||
22 | financial institutions
or other service providers to | ||||||
23 | facilitate the acceptance and processing of
credit card | ||||||
24 | payments.
Such agreements shall identify the specific services | ||||||
25 | to be provided,
an itemized list of the fees charged, and the | ||||||
26 | means by which each such fee
shall be paid. Such agreements may |
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1 | include a discount fee to cover the costs
of
interchange, | ||||||
2 | assessments and authorizations, a per item processing fee for | ||||||
3 | the
service provider, and any other fee, including a payment of | ||||||
4 | a surcharge or
convenience fee, that may be applicable to | ||||||
5 | specific circumstances.
Any agreement for
acceptance of | ||||||
6 | payments by credit cards may be canceled by the governmental
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7 | entity upon giving reasonable notice of intent to cancel.
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8 | (c) An entity accepting payments by credit card may pay | ||||||
9 | amounts due
a financial institution or other service provider | ||||||
10 | by (i) paying the
financial
institution or other service | ||||||
11 | provider upon
presentation
of an invoice or (ii) allowing the | ||||||
12 | financial institution or other service
provider to withhold the | ||||||
13 | amount of
the fees from the credit card payment. A discount or | ||||||
14 | processing fee may be
authorized whenever the governing body of | ||||||
15 | the entity determines that any
reduction of revenue resulting | ||||||
16 | from the discount or processing fee will be in
the best
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17 | interest of the entity.
Items that may be considered in making | ||||||
18 | a determination to authorize the payment
of fees or the | ||||||
19 | acceptance of a discount include, but are not limited to,
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20 | improved governmental cash flows, reduction of governmental | ||||||
21 | overhead, improved
governmental financial security,
a | ||||||
22 | combination of these items, and the benefit of increased public | ||||||
23 | convenience.
No payment to or withheld by a financial | ||||||
24 | institution or other service provider
may exceed the amounts | ||||||
25 | authorized under subsection (b) of Section 25.
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26 | (d) Unless specifically prohibited by an ordinance or rule |
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1 | adopted by the
governing body of the local governmental entity, | ||||||
2 | a person may pay multiple tax
bills in a single transaction.
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3 | (Source: P.A. 90-518, eff. 8-22-97.)
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4 | Section 10. The State Mandates Act is amended by adding | ||||||
5 | Section 8.34 as follows: | ||||||
6 | (30 ILCS 805/8.34 new) | ||||||
7 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
8 | of this Act, no reimbursement by the State is required for the | ||||||
9 | implementation of any mandate created by this amendatory Act of | ||||||
10 | the 96th General Assembly.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law. |