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Public Act 096-1248
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| HB6062 Enrolled | LRB096 17995 HLH 33366 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing |
Section 20-25 as follows:
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(35 ILCS 200/20-25)
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Sec. 20-25. Forms of payment.
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(a) Taxes levied by taxing districts may be
satisfied by |
payment in legal money of the United States, cashier's check,
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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
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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
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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, |
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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.
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(Source: P.A. 90-518, eff. 8-22-97.)
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Section 7. The Local Government Acceptance of Credit Cards |
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 |
credit cards.
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(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.
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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
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administration of the local governmental entity or community |
college
and of the students and taxpayers thereof.
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(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 |
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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
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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 |
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
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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,
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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.
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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, |
a person may pay multiple tax
bills in a single transaction.
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(Source: P.A. 90-518, eff. 8-22-97.)
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Section 10. The State Mandates Act is amended by adding |
Section 8.34 as follows:
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(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.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |