Full Text of SB3250 97th General Assembly
SB3250 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3250 Introduced 2/1/2012, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that all property upon which the first installment of taxes remains unpaid on the first installment date (now, June 1) shall be deemed delinquent and shall bear interest after the first installment date (now, June 1). Provides that all property upon which the second installment of taxes remains due and unpaid on the second installment date (now, September 1) shall be deemed delinquent and shall bear interest after the second installment date (now, September 1). Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 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 | | Section 21-15 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 Section | 9 | | 21-40, all property
upon which the first installment of taxes | 10 | | remains unpaid on the first installment date June 1 annually
| 11 | | shall be deemed delinquent and shall bear interest after the | 12 | | first installment date June 1 at the rate of
1 1/2% per month | 13 | | or portion thereof. Except as otherwise provided in this
| 14 | | Section or Section 21-40, all property upon which the second | 15 | | installment of
taxes remains due and unpaid on the second | 16 | | installment date September 1 , annually, shall be deemed
| 17 | | delinquent and shall bear interest after the second installment | 18 | | date September 1 at the same interest rate.
All interest | 19 | | collected shall be paid into the general fund of the county.
| 20 | | Payment received by mail and postmarked on or before the | 21 | | required due date is
not delinquent.
| 22 | | Property not subject to the interest charge in Section | 23 | | 9-260 or Section
9-265 shall also not
be subject to the |
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| 1 | | interest charge imposed by this Section until such time as
the | 2 | | owner of the property receives actual notice of and is billed | 3 | | for the
principal amount of back taxes due and owing.
| 4 | | If an Illinois resident who is a member of the Illinois | 5 | | National Guard
or a reserve component of the armed forces of | 6 | | the United States
and who has
an ownership interest in property | 7 | | taxed under this Act is called to active duty
for deployment | 8 | | outside the continental United States
and
is on active duty on | 9 | | the due date of any installment of taxes due under
this Act, he | 10 | | or she shall not be deemed delinquent in the payment of the
| 11 | | installment and no interest shall accrue or be charged as a | 12 | | penalty on the
installment until 180 days after that member | 13 | | returns from active duty. To be deemed not delinquent in the | 14 | | payment of an installment of taxes and any
interest
on that | 15 | | installment, the reservist or guardsperson must make a | 16 | | reasonable effort to notify the county clerk and the county | 17 | | collector of his or her activation to active duty and must | 18 | | notify the county clerk and the county collector
within 180
| 19 | | days after his or her deactivation and provide verification of | 20 | | the 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
deactivation | 23 | | to the
county clerk is subject to interest and penalties as | 24 | | delinquent taxes under
this Code from
the date of deactivation.
| 25 | | Notwithstanding any other provision of law, when any unpaid | 26 | | taxes become
delinquent under this Section through the fault of |
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| 1 | | the mortgage lender,
(i) the
interest assessed under this | 2 | | Section for delinquent taxes shall be charged
against the | 3 | | mortgage lender and not the mortgagor and (ii) the mortgage
| 4 | | lender shall pay the taxes, redeem the property and take all | 5 | | necessary steps to
remove any liens accruing against the | 6 | | property because of the delinquency.
In the event that more | 7 | | than
one entity meets the definition of mortgage lender with | 8 | | respect to any
mortgage, the interest shall be assessed against | 9 | | the mortgage lender
responsible for servicing the mortgage. | 10 | | Unpaid taxes shall be deemed
delinquent through the fault of | 11 | | the mortgage lender only if: (a) the
mortgage
lender has | 12 | | received all payments due the mortgage lender for the property | 13 | | being
taxed under the written terms of the mortgage or | 14 | | promissory note secured by
the mortgage, (b) the mortgage | 15 | | lender holds funds in escrow to pay the taxes,
and (c) the | 16 | | funds are sufficient to pay the taxes
after deducting all | 17 | | amounts reasonably anticipated to become due for all hazard
| 18 | | insurance premiums and mortgage insurance premiums and any | 19 | | other assessments to
be paid from the escrow under the terms of | 20 | | the mortgage. For purposes of this
Section, an
amount
is | 21 | | reasonably anticipated to become due if it is payable within 12 | 22 | | months from
the time of determining the sufficiency of funds | 23 | | held in escrow. Unpaid taxes
shall not be deemed delinquent | 24 | | through the fault of the mortgage lender if the
mortgage lender | 25 | | was directed in writing by the mortgagor not to pay the
| 26 | | property taxes, or
if the failure to pay the taxes when due |
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| 1 | | resulted from inadequate or inaccurate
parcel information | 2 | | provided by the mortgagor, a title or abstract company, or
by | 3 | | the agency or unit of government assessing the tax.
| 4 | | (Source: P.A. 93-560, eff. 8-20-03; 94-312, eff. 7-25-05.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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