Counties & Townships Committee
Filed: 2/25/2010
 
 

 




 

 		












09600HB6062ham001

LRB096 17995 HLH 37516 a






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AMENDMENT TO HOUSE BILL 6062 




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    AMENDMENT NO. ______. Amend House Bill 6062 by replacing 
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everything from line 19 on page 1 through line 4 on page 2 with 
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the following:


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    "(b)  Beginning on January 1, 2012, subject to compliance 
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with all applicable purchasing requirements, a county with a 
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population of
more than 3,000,000 is required to accept payment 
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by credit card for each installment of property taxes; provided 
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that all service charges or fees, as determined by the county, 
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associated with the processing or accepting of a credit card 
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payment by the county shall be paid by the taxpayer. If a 
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taxpayer elects to make a property tax payment by credit card 
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and a service charge or fee is imposed, the payment of that 
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service charge or fee shall be deemed voluntary by the taxpayer 
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and shall not be refundable.  Nothing in this subsection 
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requires a county with a population of more than 3,000,000 to 
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accept payment by credit card for the payment on any 
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installment of taxes that is delinquent under Section 21-10, 
 


 






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21-25, or 21-30 of the Property Tax Code or for the purposes of 
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any tax sale or scavenger sale under Division 3.5, 4, or 5 of 
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Article 21 of the Property Tax Code.
A county that accepts 
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payment of property taxes by credit card in accordance with the 
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terms of this subsection shall not incur liability for or 
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associated with the collection of a property tax payment by 
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credit card.  The public hearing requirement of subsection (a) 
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of Section 20 of the Local Governmental Acceptance of Credit 
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Cards Act shall not apply to this subsection.  This subsection"; 
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and
 
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on page 2, immediately below line 8, by inserting the 
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following:
 
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    "Section 7. The Local Government Acceptance of Credit Cards 
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Act is amended  by changing Section 20 as follows:
 



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    (50 ILCS 345/20)



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

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

 


 






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

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

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

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entity upon giving reasonable notice of intent to cancel.

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    (c) An entity accepting payments by credit card may pay 
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amounts due
a financial institution or other service provider 
 


 






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

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

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

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

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