093_HB2905ham001

 










                                     LRB093 07191 SJM 13120 a

 1                    AMENDMENT TO HOUSE BILL 2905

 2        AMENDMENT NO.     .  Amend House Bill 2905  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Property Tax Code is amended by changing
 5    Sections 21-15, 21-20, and 21-25 as follows:

 6        (35 ILCS 200/21-15)
 7        Sec.  21-15.   General tax due dates; default by mortgage
 8    lender. Except as  otherwise  provided  in  this  Section  or
 9    Section  21-40, all property upon which the first installment
10    of taxes remains unpaid on June 1 annually  shall  be  deemed
11    delinquent  and  shall bear interest after June 1 at the rate
12    of 1 1/2% per month or portion thereof.  Except as  otherwise
13    provided  in this Section or Section 21-40, all property upon
14    which the second installment of taxes remains due and  unpaid
15    on  September  1,  annually,  shall  be deemed delinquent and
16    shall bear interest after September 1 at  the  same  interest
17    rate.  All  interest collected shall be paid into the general
18    fund of the county.  Payment received by mail and  postmarked
19    on or before the required due date is not delinquent.
20        Property  not  subject  to the interest charge in Section
21    9-265 shall also  not  be  subject  to  the  interest  charge
22    imposed  by  this Section until such time as the owner of the
 
                            -2-      LRB093 07191 SJM 13120 a
 1    property receives actual notice of  and  is  billed  for  the
 2    principal amount of back taxes due and owing.
 3        If  an  Illinois resident who is a member of the Illinois
 4    National Guard or a reserve component of the armed forces  of
 5    the  United  States  and  who  has  an  ownership interest in
 6    property taxed under this Act is called to  active  duty  for
 7    deployment  outside  the  continental United States and is on
 8    active duty on the due date of any installment of  taxes  due
 9    under  this  Act, he or she shall not be deemed delinquent in
10    the payment of the installment and no interest  shall  accrue
11    or  be charged as a penalty on the installment until one year
12    30 days after that member returns from  active  duty.  To  be
13    deemed  not  delinquent  in  the payment of an installment of
14    taxes and any interest on that installment, the reservist  or
15    guardsperson  must  notify  the  county  clerk within 30 days
16    after his or her deactivation and provide verification of the
17    date of his or her deactivation. An installment  of  property
18    taxes  on  the  property of any reservist or guardsperson who
19    fails  to  provide  timely   notice   and   verification   of
20    deactivation  to  the county clerk is subject to interest and
21    penalties as delinquent taxes under this Code from  the  date
22    of deactivation.
23        Notwithstanding  any  other  provision  of  law, when any
24    unpaid taxes become delinquent under this Section through the
25    fault of the mortgage lender, (i) the interest assessed under
26    this Section for delinquent taxes shall  be  charged  against
27    the  mortgage  lender  and  not  the  mortgagor  and (ii) the
28    mortgage lender shall pay the taxes, redeem the property  and
29    take all necessary steps to remove any liens accruing against
30    the  property  because  of the delinquency. In the event that
31    more than one entity meets the definition of mortgage  lender
32    with  respect to any mortgage, the interest shall be assessed
33    against the mortgage lender  responsible  for  servicing  the
34    mortgage.   Unpaid  taxes  shall be deemed delinquent through
 
                            -3-      LRB093 07191 SJM 13120 a
 1    the fault of the mortgage lender only if:  (a)  the  mortgage
 2    lender  has received all payments due the mortgage lender for
 3    the property being taxed  under  the  written  terms  of  the
 4    mortgage  or promissory note secured by the mortgage, (b) the
 5    mortgage lender holds funds in escrow to pay the  taxes,  and
 6    (c) the funds are sufficient to pay the taxes after deducting
 7    all  amounts  reasonably  anticipated  to  become due for all
 8    hazard insurance premiums and mortgage insurance premiums and
 9    any other assessments to be paid from the  escrow  under  the
10    terms  of  the  mortgage.  For  purposes  of this Section, an
11    amount is reasonably anticipated  to  become  due  if  it  is
12    payable  within  12  months  from the time of determining the
13    sufficiency of funds held in escrow.  Unpaid taxes shall  not
14    be deemed delinquent through the fault of the mortgage lender
15    if  the  mortgage  lender  was  directed  in  writing  by the
16    mortgagor not to pay the property taxes, or if the failure to
17    pay the taxes when due resulted from inadequate or inaccurate
18    parcel information provided by  the  mortgagor,  a  title  or
19    abstract  company,  or  by  the  agency or unit of government
20    assessing the tax.
21    (Source: P.A. 90-336,  eff.  1-1-98;  90-575,  eff.  3-20-98;
22    91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

23        (35 ILCS 200/21-20)
24        Sec.  21-20.   Due dates; accelerated billing in counties
25    of less than  3,000,000.  Except  as  otherwise  provided  in
26    Section   21-40,   in   counties  with  less  than  3,000,000
27    inhabitants in which the accelerated method  of  billing  and
28    paying  taxes provided for in Section 21-30 is in effect, the
29    estimated first installment of unpaid taxes shall  be  deemed
30    delinquent  and  shall  bear  interest after a date not later
31    than June 1 annually as provided  for  in  the  ordinance  or
32    resolution  of  the  county  board  adopting  the accelerated
33    method, at the rate of 1 1/2% per month  or  portion  thereof
 
                            -4-      LRB093 07191 SJM 13120 a
 1    until  paid  or  forfeited.  The second installment of unpaid
 2    taxes shall be deemed  delinquent  and  shall  bear  interest
 3    after  August 1 annually at the same interest rate until paid
 4    or forfeited.  Payment received by mail and postmarked on  or
 5    before the required due date is not delinquent.
 6        If  an  Illinois resident who is a member of the Illinois
 7    National Guard or a reserve component of the armed forces  of
 8    the  United  States  and  who  has  an  ownership interest in
 9    property taxed under this Act is called to  active  duty  for
10    deployment  outside  the  continental United States and is on
11    active duty on the due date of any installment of  taxes  due
12    under  this  Act, he or she shall not be deemed delinquent in
13    the payment of the installment and no interest  shall  accrue
14    or  be charged as a penalty on the installment until one year
15    30 days after that member returns from  active  duty.  To  be
16    deemed  not  delinquent  in  the payment of an installment of
17    taxes and any interest on that installment, the reservist  or
18    guardsperson  must  notify  the  county  clerk within 30 days
19    after his or her deactivation and provide verification of the
20    date of his or her deactivation. An installment  of  property
21    taxes  on  the  property of any reservist or guardsperson who
22    fails  to  provide  timely   notice   and   verification   of
23    deactivation  to  the county clerk is subject to interest and
24    penalties as delinquent taxes under this Code from  the  date
25    of deactivation.
26    (Source: P.A. 91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

27        (35 ILCS 200/21-25)
28        Sec.  21-25.   Due dates; accelerated billing in counties
29    of 3,000,000 or more.  Except as hereinafter provided and  as
30    provided in Section 21-40, in counties with 3,000,000 or more
31    inhabitants  in  which  the accelerated method of billing and
32    paying taxes provided for in Section 21-30 is in effect,  the
33    estimated  first  installment of unpaid taxes shall be deemed
 
                            -5-      LRB093 07191 SJM 13120 a
 1    delinquent and shall bear interest after March 1 at the  rate
 2    of  1  1/2%  per  month  or  portion  thereof  until  paid or
 3    forfeited. The second installment of unpaid  taxes  shall  be
 4    deemed  delinquent  and  shall  bear  interest after August 1
 5    annually at the same interest rate until paid or forfeited.
 6        If the county board elects by ordinance adopted prior  to
 7    July  1  of  a levy year to provide for taxes to be paid in 4
 8    installments, each installment for that levy  year  and  each
 9    subsequent year shall be deemed delinquent and shall begin to
10    bear  interest  30  days  after  the  date  specified  by the
11    ordinance for mailing bills, at the rate of 1 1/2% per  month
12    or portion thereof, until paid or forfeited.
13        Payment  received by mail and postmarked on or before the
14    required due date is not delinquent.
15        Taxes levied on homestead property in which a  member  of
16    the  National  Guard  or  reserves of the armed forces of the
17    United States who was called  to  active  duty  on  or  after
18    August  1, 1990, and who has an ownership interest, shall not
19    be deemed delinquent and  no  interest  shall  accrue  or  be
20    charged as a penalty on such taxes due and payable in 1991 or
21    1992  until  one  year  after that member returns to civilian
22    status.
23        If an Illinois resident who is a member of  the  Illinois
24    National  Guard or a reserve component of the armed forces of
25    the United States  and  who  has  an  ownership  interest  in
26    property  taxed  under  this Act is called to active duty for
27    deployment outside the continental United States  and  is  on
28    active  duty  on the due date of any installment of taxes due
29    under this Act, he or she shall not be deemed  delinquent  in
30    the  payment  of the installment and no interest shall accrue
31    or be charged as a penalty on the installment until one  year
32    30  days  after that member returns to civilian status. To be
33    deemed not delinquent in the payment  of  an  installment  of
34    taxes  and any interest on that installment, the reservist or
 
                            -6-      LRB093 07191 SJM 13120 a
 1    guardsperson must notify the  county  clerk  within  30  days
 2    after his or her deactivation and provide verification of the
 3    date  of  his or her deactivation. An installment of property
 4    taxes on the property of any reservist  or  guardsperson  who
 5    fails   to   provide   timely   notice  and  verification  of
 6    deactivation to the county clerk is subject to  interest  and
 7    penalties  as  delinquent taxes under this Code from the date
 8    of deactivation.
 9    (Source: P.A. 91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

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