093_HB2905

 
                                     LRB093 07191 SJM 07346 b

 1        AN ACT concerning taxes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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
23    property receives actual notice of  and  is  billed  for  the
24    principal amount of back taxes due and owing.
25        If a member of a reserve component of the armed forces of
26    the  United  States who has an ownership interest in property
27    taxed under this Act is called to active duty for  deployment
28    outside  the  continental United States and is on active duty
29    on the due date of any installment of taxes  due  under  this
30    Act,  he or she shall not be deemed delinquent in the payment
31    of the installment and no interest shall accrue or be charged
 
                            -2-      LRB093 07191 SJM 07346 b
 1    as a penalty on the installment until 180 30 days after  that
 2    member returns from active duty.
 3        Notwithstanding  any  other  provision  of  law, when any
 4    unpaid taxes become delinquent under this Section through the
 5    fault of the mortgage lender, (i) the interest assessed under
 6    this Section for delinquent taxes shall  be  charged  against
 7    the  mortgage  lender  and  not  the  mortgagor  and (ii) the
 8    mortgage lender shall pay the taxes, redeem the property  and
 9    take all necessary steps to remove any liens accruing against
10    the  property  because  of the delinquency. In the event that
11    more than one entity meets the definition of mortgage  lender
12    with  respect to any mortgage, the interest shall be assessed
13    against the mortgage lender  responsible  for  servicing  the
14    mortgage.   Unpaid  taxes  shall be deemed delinquent through
15    the fault of the mortgage lender only if:  (a)  the  mortgage
16    lender  has received all payments due the mortgage lender for
17    the property being taxed  under  the  written  terms  of  the
18    mortgage  or promissory note secured by the mortgage, (b) the
19    mortgage lender holds funds in escrow to pay the  taxes,  and
20    (c) the funds are sufficient to pay the taxes after deducting
21    all  amounts  reasonably  anticipated  to  become due for all
22    hazard insurance premiums and mortgage insurance premiums and
23    any other assessments to be paid from the  escrow  under  the
24    terms  of  the  mortgage.  For  purposes  of this Section, an
25    amount is reasonably anticipated  to  become  due  if  it  is
26    payable  within  12  months  from the time of determining the
27    sufficiency of funds held in escrow.  Unpaid taxes shall  not
28    be deemed delinquent through the fault of the mortgage lender
29    if  the  mortgage  lender  was  directed  in  writing  by the
30    mortgagor not to pay the property taxes, or if the failure to
31    pay the taxes when due resulted from inadequate or inaccurate
32    parcel information provided by  the  mortgagor,  a  title  or
33    abstract  company,  or  by  the  agency or unit of government
34    assessing the tax.
 
                            -3-      LRB093 07191 SJM 07346 b
 1    (Source: P.A. 90-336,  eff.  1-1-98;  90-575,  eff.  3-20-98;
 2    91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

 3        (35 ILCS 200/21-20)
 4        Sec.  21-20.   Due dates; accelerated billing in counties
 5    of less than  3,000,000.  Except  as  otherwise  provided  in
 6    Section   21-40,   in   counties  with  less  than  3,000,000
 7    inhabitants in which the accelerated method  of  billing  and
 8    paying  taxes provided for in Section 21-30 is in effect, the
 9    estimated first installment of unpaid taxes shall  be  deemed
10    delinquent  and  shall  bear  interest after a date not later
11    than June 1 annually as provided  for  in  the  ordinance  or
12    resolution  of  the  county  board  adopting  the accelerated
13    method, at the rate of 1 1/2% per month  or  portion  thereof
14    until  paid  or  forfeited.  The second installment of unpaid
15    taxes shall be deemed  delinquent  and  shall  bear  interest
16    after  August 1 annually at the same interest rate until paid
17    or forfeited.  Payment received by mail and postmarked on  or
18    before the required due date is not delinquent.
19        If a member of a reserve component of the armed forces of
20    the  United  States who has an ownership interest in property
21    taxed under this Act is called to active duty for  deployment
22    outside  the  continental United States and is on active duty
23    on the due date of any installment of taxes  due  under  this
24    Act,  he or she shall not be deemed delinquent in the payment
25    of the installment and no interest shall accrue or be charged
26    as a penalty on the installment until 180 30 days after  that
27    member returns from active duty.
28    (Source: P.A. 91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

29        (35 ILCS 200/21-25)
30        Sec.  21-25.   Due dates; accelerated billing in counties
31    of 3,000,000 or more.  Except as hereinafter provided and  as
32    provided in Section 21-40, in counties with 3,000,000 or more
 
                            -4-      LRB093 07191 SJM 07346 b
 1    inhabitants  in  which  the accelerated method of billing and
 2    paying taxes provided for in Section 21-30 is in effect,  the
 3    estimated  first  installment of unpaid taxes shall be deemed
 4    delinquent and shall bear interest after March 1 at the  rate
 5    of  1  1/2%  per  month  or  portion  thereof  until  paid or
 6    forfeited. The second installment of unpaid  taxes  shall  be
 7    deemed  delinquent  and  shall  bear  interest after August 1
 8    annually at the same interest rate until paid or forfeited.
 9        If the county board elects by ordinance adopted prior  to
10    July  1  of  a levy year to provide for taxes to be paid in 4
11    installments, each installment for that levy  year  and  each
12    subsequent year shall be deemed delinquent and shall begin to
13    bear  interest  30  days  after  the  date  specified  by the
14    ordinance for mailing bills, at the rate of 1 1/2% per  month
15    or portion thereof, until paid or forfeited.
16        Payment  received by mail and postmarked on or before the
17    required due date is not delinquent.
18        Taxes levied on homestead property in which a  member  of
19    the  National  Guard  or  reserves of the armed forces of the
20    United States who was called  to  active  duty  on  or  after
21    August  1, 1990, and who has an ownership interest, shall not
22    be deemed delinquent and  no  interest  shall  accrue  or  be
23    charged as a penalty on such taxes due and payable in 1991 or
24    1992  until  one  year  after that member returns to civilian
25    status.
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
32    of the installment and no interest shall accrue or be charged
33    as  a penalty on the installment until 180 30 days after that
34    member returns to civilian status.
 
                            -5-      LRB093 07191 SJM 07346 b
 1    (Source: P.A. 91-199, eff. 1-1-00; 91-898, eff. 7-6-00.)

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