96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1077


 
Introduced 2/11/2009, by Rep. Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 		














35 ILCS 200/21-135









    Amends the Property Tax Code. Eliminates the requirement that notice of application for judgment and sale of delinquent properties must be mailed "by registered or certified mail". Requires the person mailing the notice to make proof of service.
















LRB096 05483 RCE 15549 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1077

LRB096 05483 RCE 15549 b






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 21-135 as follows:
 



6
    (35 ILCS 200/21-135)



7
    Sec. 21-135. Mailed notice of application for judgment and 
8
sale. Not less
than 15 days before the date of application for 
9
judgment and sale of delinquent
properties, the county 
10
collector shall mail, by registered or certified mail, a
notice 
11
of the forthcoming application for judgment and sale to the 
12
person shown
by the current collector's warrant book to be the 
13
party in whose name the taxes
were last assessed or to the 
14
current owner of record and, if applicable, to the party 
15
specified under Section
15-170. The notice shall include the 
16
intended dates of application for judgment
and sale and 
17
commencement of the sale, and a description of the properties. 
18
The
county collector must present proof of the mailing to the 
19
court along with the
application for judgement. Proof of 
20
mailing shall be an affidavit of the treasurer or the person 
21
who deposited the notice in the mail and must state the time 
22
and place of mailing, the complete address that appeared on the 
23
envelope, and that postage was prepaid. 

 


 






HB1077
- 2 -
LRB096 05483 RCE 15549 b




1
    In counties with less than 3,000,000 inhabitants, a copy of 
2
this notice shall
also be mailed by the county collector by 
3
registered or certified mail to any
lienholder of record who 
4
annually requests a copy of the notice. The failure of
the 
5
county collector to mail a notice or its non-delivery to the 
6
lienholder
shall not affect the validity of the judgment.

7
    In counties with 3,000,000 or more inhabitants, notice 
8
shall not be mailed to
any person when, under Section 14-15, a 
9
certificate of error has been executed
by the county assessor 
10
or by both the
county assessor and board of
appeals (until the 
11
first Monday in December 1998 and the board of
review
beginning

12
the first Monday in December 1998 and thereafter),
except as 
13
provided by court order under Section 21-120.

14
    The collector shall collect $10 from the proceeds of each 
15
sale to cover
the costs of registered or certified mailing and 
16
the costs of advertisement
and publication.
If a taxpayer pays 
17
the taxes on the property after the notice of the
forthcoming 
18
application for judgment and sale is mailed but before the sale 
19
is
made, then the collector shall collect $10 from the taxpayer 
20
to cover the costs
of registered or certified mailing and the 
21
costs of advertisement and
publication.

22
(Source: P.A. 93-899, eff. 8-10-04.)