100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0542

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/21-135

    Amends the Property Tax Code. Provides that notices of application for judgment and sale may be sent by first class mail (instead of registered or certified mail). Provides that the mailing must be supported by the certificate or affidavit of the employee of the county collector who mailed the document, stating the time and place of mailing or delivery, the complete address which appeared on the envelope or package, and the fact that the proper postage was prepaid. Effective January 1, 2018.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0542LRB100 06931 HLH 16982 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 21-135 as follows:
 
6    (35 ILCS 200/21-135)
7    Sec. 21-135. Mailed notice of application for judgment and
8sale. Not less than 15 days before the date of application for
9judgment and sale of delinquent properties, the county
10collector shall mail, by registered or certified mail, a notice
11of the forthcoming application for judgment and sale to the
12person shown by the current collector's warrant book to be the
13party in whose name the taxes were last assessed or to the
14current owner of record and, if applicable, to the party
15specified under Section 15-170. The notice shall include the
16intended dates of application for judgment and sale and
17commencement of the sale, and a description of the properties.
18The county collector must present proof of the mailing to the
19court along with the application for judgement. That proof
20shall be in the form of a certificate or affidavit of the
21employee of the county collector who mailed the document,
22stating the time and place of mailing or delivery, the complete
23address that appeared on the envelope or package, and the fact

 

 

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1that proper postage was prepaid.
2    In counties with less than 3,000,000 inhabitants, a copy of
3this notice shall also be mailed by the county collector by
4registered or certified mail to any lienholder of record who
5annually requests a copy of the notice. The failure of the
6county collector to mail a notice or its non-delivery to the
7lienholder shall not affect the validity of the judgment.
8    In counties with 3,000,000 or more inhabitants, notice
9shall not be mailed to any person when, under Section 14-15, a
10certificate of error has been executed by the county assessor
11or by both the county assessor and board of appeals (until the
12first Monday in December 1998 and the board of review beginning
13the first Monday in December 1998 and thereafter), except as
14provided by court order under Section 21-120.
15    The collector shall collect $10 from the proceeds of each
16sale to cover the costs of registered or certified mailing and
17the costs of advertisement and publication. If a taxpayer pays
18the taxes on the property after the notice of the forthcoming
19application for judgment and sale is mailed but before the sale
20is made, then the collector shall collect $10 from the taxpayer
21to cover the costs of registered or certified mailing and the
22costs of advertisement and publication.
23(Source: P.A. 93-899, eff. 8-10-04.)
 
24    Section 99. Effective date. This Act takes effect January
251, 2018.