102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5168

 

Introduced 1/27/2022, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/22-15

    Amends the Property Tax Code. Provides that provisions that allow service of notice by a person who is licensed or registered as a private detective also apply in Cook County. Effective immediately.


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A BILL FOR

 

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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 22-15 as follows:
 
6    (35 ILCS 200/22-15)
7    Sec. 22-15. Service of notice. The purchaser or his or her
8assignee shall give the notice required by Section 22-10 by
9causing it to be published in a newspaper as set forth in
10Section 22-20. In addition, the notice shall be served by a
11sheriff (or if he or she is disqualified, by a coroner) of the
12county in which the property, or any part thereof, is located
13or, except in Cook County, by a person who is licensed or
14registered as a private detective under the Private Detective,
15Private Alarm, Private Security, Fingerprint Vendor, and
16Locksmith Act of 2004 upon owners who reside on any part of the
17property sold by leaving a copy of the notice with those owners
18personally.
19    In counties of 3,000,000 or more inhabitants where a
20taxing district is a petitioner for tax deed pursuant to
21Section 21-90, in lieu of service by the sheriff or coroner the
22notice may be served by a special process server appointed by
23the circuit court as provided in this Section. The taxing

 

 

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1district may move prior to filing one or more petitions for tax
2deed for appointment of such a special process server. The
3court, upon being satisfied that the person named in the
4motion is at least 18 years of age and is capable of serving
5notice as required under this Code, shall enter an order
6appointing such person as a special process server for a
7period of one year. The appointment may be renewed for
8successive periods of one year each by motion and order, and a
9copy of the original and any subsequent order shall be filed in
10each tax deed case in which a notice is served by the appointed
11person. Delivery of the notice to and service of the notice by
12the special process server shall have the same force and
13effect as its delivery to and service by the sheriff or
14coroner.
15    The same form of notice shall also be served, in the manner
16set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
172-211 of the Code of Civil Procedure, upon all other owners and
18parties interested in the property, if upon diligent inquiry
19they can be found in the county, and upon the occupants of the
20property.
21    If the property sold has more than 4 dwellings or other
22rental units, and has a managing agent or party who collects
23rents, that person shall be deemed the occupant and shall be
24served with notice instead of the occupants of the individual
25units. If the property has no dwellings or rental units, but
26economic or recreational activities are carried on therein,

 

 

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1the person directing such activities shall be deemed the
2occupant. Holders of rights of entry and possibilities of
3reverter shall not be deemed parties interested in the
4property.
5    When a party interested in the property is a trustee,
6notice served upon the trustee shall be deemed to have been
7served upon any beneficiary or note holder thereunder unless
8the holder of the note is disclosed of record.
9    When a judgment is a lien upon the property sold, the
10holder of the lien shall be served with notice if the name of
11the judgment debtor as shown in the transcript, certified copy
12or memorandum of judgment filed of record is identical, as to
13given name and surname, with the name of the party interested
14as it appears of record.
15    If any owner or party interested, upon diligent inquiry
16and effort, cannot be found or served with notice in the county
17as provided in this Section, and the person in actual
18occupancy and possession is tenant to, or in possession under
19the owners or the parties interested in the property, then
20service of notice upon the tenant, occupant or person in
21possession shall be deemed service upon the owners or parties
22interested.
23    If any owner or party interested, upon diligent inquiry
24and effort cannot be found or served with notice in the county,
25then the person making the service shall cause a copy of the
26notice to be sent by registered or certified mail, return

 

 

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1receipt requested, to that party at his or her residence, if
2ascertainable.
3    The changes to this Section made by Public Act 95-477
4apply only to matters in which a petition for tax deed is filed
5on or after June 1, 2008 (the effective date of Public Act
695-477).
7(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
895-876, eff. 8-21-08.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.