Full Text of HB6062 96th General Assembly
HB6062enr 96TH GENERAL ASSEMBLY
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HB6062 Enrolled |
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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 | 5 |
| 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 | 9 |
| payment in legal money of the United States, cashier's check,
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| certified check, post office money order, bank money order | 11 |
| issued by a national
or state bank that is insured by the | 12 |
| Federal Deposit Insurance Corporation, or
by a personal or | 13 |
| 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 | 15 |
| payments or by
credit card in accordance with the Local | 16 |
| Governmental Acceptance of Credit
Cards Act. A
county collector | 17 |
| may refuse to accept a personal check within 30 days before a
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| tax sale. | 19 |
| (b) Beginning on January 1, 2012, subject to compliance | 20 |
| with all applicable purchasing requirements, a county with a | 21 |
| population of
more than 3,000,000 is required to accept payment | 22 |
| by credit card for each installment of property taxes; provided | 23 |
| 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 | 2 |
| payment by the county shall be paid by the taxpayer. If a | 3 |
| taxpayer elects to make a property tax payment by credit card | 4 |
| and a service charge or fee is imposed, the payment of that | 5 |
| service charge or fee shall be deemed voluntary by the taxpayer | 6 |
| and shall not be refundable. Nothing in this subsection | 7 |
| requires a county with a population of more than 3,000,000 to | 8 |
| accept payment by credit card for the payment on any | 9 |
| installment of taxes that is delinquent under Section 21-10, | 10 |
| 21-25, or 21-30 of the Property Tax Code or for the purposes of | 11 |
| any tax sale or scavenger sale under Division 3.5, 4, or 5 of | 12 |
| Article 21 of the Property Tax Code.
A county that accepts | 13 |
| payment of property taxes by credit card in accordance with the | 14 |
| terms of this subsection shall not incur liability for or | 15 |
| associated with the collection of a property tax payment by | 16 |
| credit card. The public hearing requirement of subsection (a) | 17 |
| of Section 20 of the Local Governmental Acceptance of Credit | 18 |
| Cards Act shall not apply to this subsection. This subsection | 19 |
| is a limitation under subsection (i) of Section
6 of Article | 20 |
| VII of the Illinois Constitution on the concurrent
exercise by | 21 |
| 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 | 24 |
| 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 | 3 |
| credit cards.
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| (a) The decision whether to accept credit card payments for | 5 |
| any particular
type of obligation shall be made by
the | 6 |
| governing body of the local governmental entity that has | 7 |
| general
discretionary authority over the manner of
acceptance | 8 |
| of payments.
The governing body may adopt
reasonable rules | 9 |
| 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 | 11 |
| Property Tax Code, no No decision to accept credit card | 12 |
| payments under this Act shall be made until
the governing body | 13 |
| has determined, following a public hearing held not sooner
than | 14 |
| 10 nor later
than 30 days following public notice of the | 15 |
| hearing, that the acceptance of
credit card payments for the | 16 |
| types of authorized obligations specified in the
public notice | 17 |
| is in the best interests of the citizens and governmental
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| administration of the local governmental entity or community | 19 |
| college
and of the students and taxpayers thereof.
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| (b) The governing body of the entity accepting payment by | 21 |
| credit card may
enter into agreements with one or more | 22 |
| financial institutions
or other service providers to | 23 |
| facilitate the acceptance and processing of
credit card | 24 |
| payments.
Such agreements shall identify the specific services | 25 |
| to be provided,
an itemized list of the fees charged, and the | 26 |
| 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, | 2 |
| assessments and authorizations, a per item processing fee for | 3 |
| the
service provider, and any other fee, including a payment of | 4 |
| a surcharge or
convenience fee, that may be applicable to | 5 |
| specific circumstances.
Any agreement for
acceptance of | 6 |
| 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 | 9 |
| amounts due
a financial institution or other service provider | 10 |
| by (i) paying the
financial
institution or other service | 11 |
| provider upon
presentation
of an invoice or (ii) allowing the | 12 |
| financial institution or other service
provider to withhold the | 13 |
| amount of
the fees from the credit card payment. A discount or | 14 |
| processing fee may be
authorized whenever the governing body of | 15 |
| the entity determines that any
reduction of revenue resulting | 16 |
| 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 | 18 |
| a determination to authorize the payment
of fees or the | 19 |
| acceptance of a discount include, but are not limited to,
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| improved governmental cash flows, reduction of governmental | 21 |
| overhead, improved
governmental financial security,
a | 22 |
| combination of these items, and the benefit of increased public | 23 |
| convenience.
No payment to or withheld by a financial | 24 |
| institution or other service provider
may exceed the amounts | 25 |
| 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, | 2 |
| 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 | 5 |
| Section 8.34 as follows: | 6 |
| (30 ILCS 805/8.34 new) | 7 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 8 |
| of this Act, no reimbursement by the State is required for the | 9 |
| implementation of any mandate created by this amendatory Act of | 10 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law. |
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