Full Text of HB1218 97th General Assembly
HB1218ham001 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/16/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1218
| 2 | | AMENDMENT NO. ______. Amend House Bill 1218 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 1-120, 21-110, 21-115, 21-118, 21-165, 21-205, | 6 | | 21-225, 21-305, 21-398, 22-5, 22-10, and 22-25 as follows:
| 7 | | (35 ILCS 200/1-120)
| 8 | | Sec. 1-120. Property Index Number or Permanent Index | 9 | | Number ; PIN. A number used to identify a
parcel of property for | 10 | | assessment and taxation purposes. The index number
shall | 11 | | constitute a sufficient description of the property to which it | 12 | | has been
assigned, wherever a description is required by this | 13 | | Code. "Property Index Number" and "Permanent Index Number" | 14 | | shall be construed to be interchangeable terms. | 15 | | The changes to this Section made by this amendatory Act of | 16 | | the 97th General Assembly shall be construed as being |
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| 1 | | declaratory of existing law and not as a new enactment.
| 2 | | (Source: P.A. 88-455.)
| 3 | | (35 ILCS 200/21-110)
| 4 | | Sec. 21-110.
Published notice of annual application for | 5 | | judgment and sale;
delinquent taxes. At any time after all | 6 | | taxes have become delinquent in any year, the Collector shall | 7 | | publish an advertisement,
giving notice of the intended | 8 | | application for judgment and sale of the
delinquent properties. | 9 | | The advertisement shall include the street address and PIN | 10 | | number of each delinquent property. Except as provided below, | 11 | | the advertisement shall be in
a
newspaper published in the | 12 | | township or road district in which the properties
are located. | 13 | | If there is no newspaper published in the township or road
| 14 | | district, then the notice shall be published in some newspaper | 15 | | in the same
county as the township or road district, to be | 16 | | selected by the county
collector. When the property is in a | 17 | | city with more than 1,000,000
inhabitants, the advertisement | 18 | | may be in any newspaper published in the same
county. When the | 19 | | property is in an incorporated town which has superseded a
| 20 | | civil township, the advertisement shall be in a newspaper | 21 | | published in the
incorporated town or if there is no such | 22 | | newspaper, then in a newspaper
published in the county.
| 23 | | The provisions of this Section relating to the time when | 24 | | the Collector
shall advertise intended application for | 25 | | judgment for sale are subject to
modification by the governing |
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| 1 | | authority of a county in accordance with the
provisions of | 2 | | subsection (c) of Section 21-40.
| 3 | | (Source: P.A. 88-455; 88-518; 89-126, eff. 7-11-95.)
| 4 | | (35 ILCS 200/21-115)
| 5 | | Sec. 21-115. Times of publication of notice. The | 6 | | advertisement shall be
published once at least (i) 10 days | 7 | | before the day on which judgment is to be
applied for in Cook | 8 | | County and (ii) 30 days before the day on which judgment is to | 9 | | be
applied for in all other counties , and shall contain a list | 10 | | of the delinquent properties upon which
the taxes or any part | 11 | | thereof remain due and unpaid, the names of owners, if
known, | 12 | | the total amount due, and the year or years for which they are | 13 | | due. In
counties of less than 3,000,000 inhabitants, | 14 | | advertisement shall include notice
of the registration | 15 | | requirement for persons bidding at the sale. Properties
upon | 16 | | which taxes have been paid in full under protest shall not be | 17 | | included in
the list.
| 18 | | The collector shall give notice that he or she will apply | 19 | | to the circuit
court on a specified day for judgment against | 20 | | the properties for the taxes, and
costs, and for an order to | 21 | | sell the properties for the satisfaction of the
amount due.
| 22 | | The collector shall also give notice of a date within the | 23 | | next 5 business
days after the date of application on which all | 24 | | the properties for the sale of
which an order is made will be | 25 | | exposed to public sale at a location within the
county |
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| 1 | | designated by the county collector, for the amount of taxes, | 2 | | and cost
due. The advertisement published according to the | 3 | | provisions of this Section
shall be deemed to be sufficient | 4 | | notice of the intended application for
judgment and of the sale | 5 | | of properties under the order of the court.
Notwithstanding the | 6 | | provisions of this Section and Section 21-110, in the 10
years | 7 | | following the completion of a general reassessment of property | 8 | | in any
county with 3,000,000 or more inhabitants, made under an | 9 | | order of the
Department, the publication shall be made not | 10 | | sooner than 10 days nor more
than 90 days after the date when | 11 | | all unpaid taxes on property have become
delinquent.
| 12 | | (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-426, eff. | 13 | | 6-1-96;
89-626, eff. 8-9-96.)
| 14 | | (35 ILCS 200/21-118 new) | 15 | | Sec. 21-118. Tax sale; online database. At least 10 days | 16 | | prior to any tax sale authorized under this Article 21, the | 17 | | county collector of a county with a population of 10,000 or | 18 | | more, according to the most recent federal decennial census, | 19 | | shall post on his or her website a list of all properties that | 20 | | are eligible to be sold at the sale. The list shall include the | 21 | | street address and PIN number assigned to the property.
| 22 | | (35 ILCS 200/21-165)
| 23 | | Sec. 21-165. Payment of delinquent tax before sale. Any | 24 | | person owning or
claiming properties upon which application for |
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| 1 | | judgment is applied for
and any lienholder of record may, in
| 2 | | person or by agent, pay the taxes, and costs due, or in | 3 | | counties with 3,000,000
or more inhabitants, the taxes, special | 4 | | assessments, interest and costs due, to
the county collector at | 5 | | any time on or before the calendar day immediately preceding | 6 | | the day the taxes are sold, and the collector must accept those | 7 | | payments. A home rule unit may not regulate the hours and | 8 | | procedures employed by the county collector in a
manner that is | 9 | | inconsistent with this Section. No deadline for the payment of | 10 | | taxes, special assessments, interest, or costs may be imposed | 11 | | by any county, including a home rule unit, if the deadline is | 12 | | inconsistent with this Section. This Section is a limitation | 13 | | under
subsection (i) of Section 6 of Article VII of the | 14 | | Illinois Constitution on
the concurrent exercise by home rule | 15 | | units of powers and functions exercised by
the State. sale.
| 16 | | (Source: P.A. 92-267, eff. 1-1-02.)
| 17 | | (35 ILCS 200/21-205)
| 18 | | Sec. 21-205. Tax sale procedures. The collector, in person | 19 | | or by deputy,
shall attend, on the day and in the place | 20 | | specified in the notice for the sale
of property for taxes, and | 21 | | shall, between 9:00 a.m. and 4:00 p.m., or later at
the | 22 | | collector's discretion, proceed to offer for sale, separately | 23 | | and in
consecutive order, all property in the list on which the | 24 | | taxes, special
assessments, interest or costs have not been | 25 | | paid. However, in any county with
3,000,000 or more |
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| 1 | | inhabitants, the offer for sale shall be made between 8:00
a.m. | 2 | | and 8:00 p.m. The collector's office shall be kept open during | 3 | | all hours
in which the sale is in progress. The sale shall be | 4 | | continued from day to day,
until all property in the delinquent | 5 | | list has been offered for sale. However,
any city, village or | 6 | | incorporated town interested in the collection of any tax
or | 7 | | special assessment, may, in default of bidders, withdraw from | 8 | | collection the
special assessment levied against any property | 9 | | by the corporate authorities of
the city, village or | 10 | | incorporated town. In case of a withdrawal, there shall be
no | 11 | | sale of that property on account of the delinquent special | 12 | | assessment
thereon.
| 13 | | Until January 1, 2013, in In every sale of property | 14 | | pursuant to the provisions of this Code, the collector may | 15 | | employ any automated means that the collector deems | 16 | | appropriate . Beginning on January 1, 2013, the collector shall | 17 | | employ an automated bidding system that is programmed to accept | 18 | | the lowest redemption price bid by a tax purchaser, subject to | 19 | | the penalty percentage limitation set forth in Section 21-215. | 20 | | All , provided that bidders are required to personally attend | 21 | | the sale and the automated means must be certified by the | 22 | | Department . The changes made by this amendatory Act of the 94th | 23 | | General Assembly are declarative of existing law.
| 24 | | (Source: P.A. 94-922, eff. 1-1-07.)
| 25 | | (35 ILCS 200/21-225)
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| 1 | | Sec. 21-225. Forfeited property. Every property offered at | 2 | | public sale, and
not sold for want of bidders, unless it is | 3 | | released from sale by the withdrawal
from collection of a | 4 | | special assessment levied thereon, shall be forfeited to
the | 5 | | State of Illinois. However, when the court, county clerk and | 6 | | county
treasurer certify that the taxes and special assessments | 7 | | not withdrawn from
collection on forfeited property equal or | 8 | | exceed the actual value of the
property, the county collector | 9 | | shall, on the receipt of such certificate, offer
the property | 10 | | for sale to the highest bidder, after first giving 10 days'
| 11 | | notice in counties with less than 10,000 inhabitants, according | 12 | | to the most recent federal decennial census, and 30 days' | 13 | | notice in all other counties , in the manner described in | 14 | | Sections 21-110 and 21-115, of the time
and place of sale, | 15 | | together with a description of the property to be offered. A
| 16 | | certificate of purchase shall be issued to the purchaser at the | 17 | | sale as in
other cases provided in this Code. The county | 18 | | collector shall receive credit in
the settlement with the | 19 | | taxing bodies for which the tax was levied for the
amount not | 20 | | realized by the sale. The amount received from the sale shall | 21 | | be
paid by the collector, pro rata, to the taxing bodies | 22 | | entitled to it.
| 23 | | (Source: Laws 1965, p. 631; P.A. 88-455.)
| 24 | | (35 ILCS 200/21-305)
| 25 | | Sec. 21-305. Payments from Indemnity Fund.
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| 1 | | (a) Any owner of property sold under any provision of this | 2 | | Code who
sustains loss or damage by
reason of the issuance of a | 3 | | tax deed under Section 21-445 or 22-40 and who is
barred or is | 4 | | in any way
precluded from bringing an action for the recovery | 5 | | of the property shall have
the right to indemnity for the
loss | 6 | | or damage sustained, limited as follows:
| 7 | | (1) An owner who resided on property that contained 4 | 8 | | or less dwelling
units on the last day
of the period of | 9 | | redemption and who is equitably entitled to compensation | 10 | | for
the loss or damage sustained
has the right to | 11 | | indemnity. An equitable indemnity award shall be limited to
| 12 | | the fair cash value of the
property as of the date the tax | 13 | | deed was issued less any mortgages or liens on
the | 14 | | property, and the award will
not exceed $99,000. The Court | 15 | | shall liberally construe this equitable
entitlement | 16 | | standard to provide
compensation wherever, in the | 17 | | discretion of the Court, the equities warrant the
action.
| 18 | | An owner of a property that contained 4 or less | 19 | | dwelling units who requests
an award in excess of
$99,000 | 20 | | must prove that the loss of his or her property was not | 21 | | attributable to
his or her own fault or
negligence before | 22 | | an award in excess of $99,000 will be granted.
| 23 | | (2) An owner who sustains the loss or damage of any | 24 | | property occasioned
by reason of the
issuance of a tax | 25 | | deed, without fault or negligence of his or her own, has | 26 | | the
right to indemnity limited to the
fair cash value of |
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| 1 | | the property less any mortgages or liens on the property.
| 2 | | In determining the existence of
fault or negligence, the | 3 | | court shall consider whether the owner exercised
ordinary | 4 | | reasonable diligence under
all of the relevant | 5 | | circumstances.
| 6 | | (3) In determining the fair cash value of property less | 7 | | any mortgages or
liens on the
property, the fair cash value | 8 | | shall be reduced by the principal amount of all
taxes paid | 9 | | by the tax purchaser
or his or her assignee before the | 10 | | issuance of the tax deed.
| 11 | | (4) If an award made under paragraph (1) or (2) is | 12 | | subject to a reduction
by the amount of
an outstanding | 13 | | mortgage or lien on the property, other than the principal
| 14 | | amount of all taxes paid by the tax
purchaser or his or her | 15 | | assignee before the issuance of the tax deed and the
| 16 | | petitioner would be personally
liable to the mortgagee or | 17 | | lienholder for all or part of that reduction amount,
the | 18 | | court shall order an
additional indemnity award to be paid | 19 | | directly to the mortgagee or lienholder
sufficient to | 20 | | discharge the
petitioner's personal liability. The court, | 21 | | in its discretion, may order the
joinder of the mortgagee | 22 | | or
lienholder as an additional party to the indemnity | 23 | | action.
| 24 | | (b) Indemnity fund; subrogation.
| 25 | | (1) Any person claiming indemnity hereunder
shall | 26 | | petition the
Court which ordered the tax deed to issue, |
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| 1 | | shall name the County Treasurer, as
Trustee of the | 2 | | indemnity fund, as defendant to the petition, and shall ask | 3 | | that
judgment be entered against the County Treasurer, as | 4 | | Trustee, in the amount of
the indemnity sought. The | 5 | | provisions of the Civil Practice Law shall apply to
| 6 | | proceedings under the petition, except that neither the | 7 | | petitioner nor County
Treasurer shall be entitled to trial | 8 | | by jury on the issues presented in the
petition. The Court | 9 | | shall liberally construe this Section to provide
| 10 | | compensation wherever in the discretion of the Court the | 11 | | equities warrant such
action.
| 12 | | (2) The County Treasurer, as Trustee of the indemnity | 13 | | fund, shall be
subrogated to all parties in whose favor | 14 | | judgment may be rendered against him
or her, and by third | 15 | | party complaint may bring in as a defendant any
person,
| 16 | | other than the tax deed grantee and its successors in | 17 | | title, not a party to the
action who is or may be liable to | 18 | | him or her, as subrogee, for all
or part of the | 19 | | petitioner's claim against him or her.
| 20 | | (c) Any contract involving the proceeds of a judgment for | 21 | | indemnity under
this Section, between the
tax deed grantee or | 22 | | its successors in title and the indemnity petitioner or his
or | 23 | | her successors, shall be in
writing. In any action brought | 24 | | under Section 21-305, the Collector shall be
entitled to | 25 | | discovery regarding,
but not limited to, the following:
| 26 | | (1) the identity of all persons beneficially |
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| 1 | | interested in the contract,
directly or indirectly,
| 2 | | including at least the following information: the names and | 3 | | addresses of any
natural
persons; the place of | 4 | | incorporation of any corporation and the names and
| 5 | | addresses of its
shareholders unless it is publicly held; | 6 | | the names and addresses of all general
and limited
partners | 7 | | of any partnership; the names and addresses of all persons | 8 | | having an
ownership
interest in any entity doing business | 9 | | under an assumed name, and the county in
which the
assumed | 10 | | business name is registered; and the nature and extent of | 11 | | the interest
in the
contract of each person identified;
| 12 | | (2) the time period during which the contract was | 13 | | negotiated and agreed
upon, from the date
of the first | 14 | | direct or indirect contact between any of the contracting | 15 | | parties
to the date of its
execution;
| 16 | | (3) the name and address of each natural person who | 17 | | took part in
negotiating the contract,
and the identity and | 18 | | relationship of the party that the person represented in
| 19 | | the
negotiations; and
| 20 | | (4) the existence of an agreement for payment of | 21 | | attorney's fees by or on
behalf of each
party.
| 22 | | Any information disclosed during discovery may be subject | 23 | | to protective order
as deemed appropriate by
the court. The | 24 | | terms of the contract shall not be used as evidence of value.
| 25 | | (d) A petition of indemnity under this Section must be | 26 | | filed within 10 years after the date the tax deed was issued. |
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| 1 | | (Source: P.A. 91-564, eff. 8-14-99.)
| 2 | | (35 ILCS 200/21-398 new) | 3 | | Sec. 21-398. Payments to certificate holders. | 4 | | (a) Except as provided in subsections (b), (c), and (d), | 5 | | the county clerk shall distribute any redemption payments, | 6 | | along with any accrued interest and penalties, to the holder of | 7 | | the certificate of purchase (i) within 15 business days after | 8 | | payment is received from the redeeming party or (ii) upon | 9 | | surrender of the certificate of purchase by the certificate | 10 | | holder, whichever occurs later. The county clerk shall notify | 11 | | the certificate holder within 5 business days, either | 12 | | electronically or in writing, that the taxes have been | 13 | | redeemed. | 14 | | (b) If a payment is made under protest as provided in | 15 | | Section 21-380 of this Code, then the county clerk shall | 16 | | distribute the redemption money to the holder of the | 17 | | certificate of purchase within 15 business days after a | 18 | | certified copy of the court order directing the county clerk to | 19 | | make such a distribution is presented to the county clerk. | 20 | | (c) Partial redemption payments shall be distributed as | 21 | | provided in Section 21-375. | 22 | | (d) If an order is entered setting aside a redemption, then | 23 | | any prior distributions to the holder of the certificate of | 24 | | purchase must be refunded to the county clerk and redemption | 25 | | payments shall be distributed as provided in Section 21-397. |
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| 1 | | (e) If the certificate of purchase is assigned or | 2 | | reassigned to any party other than the tax purchaser, then the | 3 | | tax purchaser must notify the county clerk of that fact within | 4 | | 15 business days after the reassignment occurs. | 5 | | (f) This Section does not apply in counties with more than | 6 | | 3,000,000 inhabitants.
| 7 | | (35 ILCS 200/22-5)
| 8 | | Sec. 22-5. Notice of sale and redemption rights. In order | 9 | | to be
entitled to a tax deed, within 4 months and 15 days after | 10 | | any
sale held under this Code, the purchaser
or his or her | 11 | | assignee shall deliver to the county clerk a notice
to be given | 12 | | to the party in whose name the taxes are last assessed as
shown | 13 | | by the most recent tax collector's warrant books, in at least | 14 | | 10
point type in the following form completely filled in:
| 15 | | TAKE NOTICE
| 16 | | County of ...............................................
| 17 | | Date Premises Sold ......................................
| 18 | | Certificate No. .........................................
| 19 | | Sold for General Taxes of (year) ........................
| 20 | | Sold for Special Assessment of (Municipality)
| 21 | | and special assessment number ...........................
| 22 | | Warrant No. ............... Inst. No. .................
| 23 | | THIS PROPERTY HAS BEEN SOLD FOR
| 24 | | DELINQUENT TAXES
| 25 | | Property located at .........................................
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| 1 | | Legal Description or Property Permanent Index No. ............
| 2 | | .............................................................
| 3 | | .............................................................
| 4 | | This notice is to advise you that the above property has | 5 | | been
sold for delinquent taxes and that the period of | 6 | | redemption from
the sale will expire on .....................
| 7 | | This notice is also to advise you that a petition will be | 8 | | filed for a
tax deed which will transfer title and the right to | 9 | | possession of this
property if redemption is not made on or | 10 | | before ......................................................
| 11 | | At the date of this notice the total amount which you must | 12 | | pay in order
to redeem the above property is ................
| 13 | | YOU ARE URGED TO REDEEM IMMEDIATELY TO
| 14 | | PREVENT LOSS OF PROPERTY
| 15 | | Redemption can be made at any time on or before .... by | 16 | | applying to
the County Clerk of .... County, Illinois at the | 17 | | Office of the County Clerk County Court House in
...., | 18 | | Illinois.
| 19 | | The above amount is subject to increase at 6 month | 20 | | intervals from the
date of sale. Check with the county clerk as | 21 | | to the exact amount you owe
before redeeming. Payment must be | 22 | | made by certified check, cashier's check,
money order, or in | 23 | | cash.
| 24 | | For further information contact the County Clerk
| 25 | | ADDRESS:............................
| 26 | | TELEPHONE:..........................
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| 1 | | ...............................
| 2 | | Purchaser or Assignee
| 3 | | Dated (insert date).
| 4 | | Within 10 days after receipt of said notice, the county | 5 | | clerk shall mail
to the addresses supplied by the purchaser or | 6 | | assignee, by registered or
certified mail, copies of said | 7 | | notice to the party in whose name the taxes
are last assessed | 8 | | as shown by the most recent tax collector's warrant books.
The | 9 | | purchaser or assignee shall pay to the clerk postage plus the | 10 | | sum of $10.
The clerk shall write or stamp the date of | 11 | | receiving the notices upon the
copies of the notices, and | 12 | | retain one copy.
| 13 | | The changes to this Section made by this amendatory Act of | 14 | | the 97th General Assembly apply only to tax sales that occur on | 15 | | or after the effective date of this amendatory Act of the 97th | 16 | | General Assembly. | 17 | | (Source: P.A. 94-380, eff. 7-29-05.)
| 18 | | (35 ILCS 200/22-10)
| 19 | | Sec. 22-10. Notice of expiration of period of redemption. A | 20 | | purchaser or assignee shall not be entitled to a tax deed to | 21 | | the
property sold unless, not less than 3 months nor more than | 22 | | 6 months prior to
the expiration of the period of redemption, | 23 | | he or she gives notice of the
sale and the date of expiration |
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| 1 | | of the period of redemption to the
owners, occupants, and | 2 | | parties interested in the property, including any
mortgagee of | 3 | | record, as provided below.
| 4 | | The Notice to be given to the parties shall be in at least | 5 | | 10 point
type in the following form completely filled in:
| 6 | | TAX DEED NO. .................... FILED ....................
| 7 | | TAKE NOTICE
| 8 | | County of ...............................................
| 9 | | Date Premises Sold ......................................
| 10 | | Certificate No. ........................................
| 11 | | Sold for General Taxes of (year) ........................
| 12 | | Sold for Special Assessment of (Municipality)
| 13 | | and special assessment number ...........................
| 14 | | Warrant No. ................ Inst. No. .................
| 15 | | THIS PROPERTY HAS BEEN SOLD FOR
| 16 | | DELINQUENT TAXES
| 17 | | Property located at .........................................
| 18 | | Legal Description or Property Index No. .....................
| 19 | | .............................................................
| 20 | | .............................................................
| 21 | | This notice is to advise you that the above property has
| 22 | | been sold for delinquent taxes and that the period of
| 23 | | redemption from the sale will expire on .....................
| 24 | | .............................................................
| 25 | | The amount to redeem is subject to increase at 6 month | 26 | | intervals from
the date of sale and may be further increased if |
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| 1 | | the purchaser at the tax
sale or his or her assignee pays any | 2 | | subsequently accruing taxes or special
assessments to redeem | 3 | | the property from subsequent forfeitures or tax sales.
Check | 4 | | with the county clerk as to the exact amount you owe before | 5 | | redeeming.
| 6 | | This notice is also to advise you that a petition has been | 7 | | filed for
a tax deed which will transfer title and the right to | 8 | | possession of this
property if redemption is not made on or | 9 | | before ......................................................
| 10 | | This matter is set for hearing in the Circuit Court of this | 11 | | county in
...., Illinois on .....
| 12 | | You may be present at this hearing but your right to redeem | 13 | | will
already have expired at that time.
| 14 | | YOU ARE URGED TO REDEEM IMMEDIATELY
| 15 | | TO PREVENT LOSS OF PROPERTY
| 16 | | Redemption can be made at any time on or before .... by | 17 | | applying to
the County Clerk of ...., County, Illinois at the | 18 | | Office of the County Clerk County Court House in
...., | 19 | | Illinois.
| 20 | | For further information contact the County Clerk
| 21 | | ADDRESS:....................
| 22 | | TELEPHONE:..................
| 23 | | ..........................
| 24 | | Purchaser or Assignee.
| 25 | | Dated (insert date).
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| 1 | | In counties with 3,000,000 or more inhabitants, the notice | 2 | | shall also state
the address, room number and time at which the | 3 | | matter is set for hearing.
| 4 | | The changes to this Section made by this amendatory Act of | 5 | | the 97th General Assembly apply only to matters in which a | 6 | | petition for tax deed is filed on or after the effective date | 7 | | of this amendatory Act of the 97th General Assembly. | 8 | | This amendatory Act of 1996 applies only to matters in | 9 | | which a petition for
tax deed is filed on or after the | 10 | | effective date of this amendatory Act of
1996.
| 11 | | The changes to this Section made by this amendatory Act of | 12 | | the 95th General Assembly apply only to matters in which a | 13 | | petition for tax deed is filed on or after the effective date | 14 | | of this amendatory Act of the 95th General Assembly.
| 15 | | (Source: P.A. 94-380, eff. 7-29-05; 95-477, eff. 6-1-08 .)
| 16 | | (35 ILCS 200/22-25)
| 17 | | Sec. 22-25. Mailed notice. In addition to the notice | 18 | | required to be served
not less than 3 months nor more than 6
| 19 | | months prior to the expiration of the
period of redemption, the | 20 | | purchaser or his or her assignee shall prepare
and deliver to | 21 | | the clerk of the Circuit Court of the county in which the
| 22 | | property is located, the notice provided for in this Section, | 23 | | together with the
statutory costs for mailing the notice by | 24 | | certified mail, return receipt
requested. The form of notice to |
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| 1 | | be mailed by the clerk shall be
identical in form to that | 2 | | provided by Section 22-10 for service upon owners
residing upon | 3 | | the property sold, except that it shall bear the signature of | 4 | | the
clerk instead of the name of the purchaser or assignee and | 5 | | shall designate the parties to whom it is to
be mailed. The | 6 | | clerk may furnish the form. The clerk
shall promptly mail the | 7 | | notices delivered to him or her by certified mail,
return | 8 | | receipt requested. The certificate of the clerk that he or she | 9 | | has
mailed the notices, together with the return receipts, | 10 | | shall be filed
in and made a part of the court record. The | 11 | | notices shall be
mailed to the owners of the property at their | 12 | | last known addresses, and
to those persons who are entitled to | 13 | | service of notice as occupants.
| 14 | | The changes to this Section made by this amendatory Act of | 15 | | the 97th General Assembly shall be construed as being | 16 | | declaratory of existing law and not as a new enactment. | 17 | | The changes to this Section made by this amendatory Act of | 18 | | the 95th General Assembly apply only to matters in which a | 19 | | petition for tax deed is filed on or after the effective date | 20 | | of this amendatory Act of the 95th General Assembly.
| 21 | | (Source: P.A. 95-477, eff. 6-1-08 .)
| 22 | | Section 10. The Counties Code is amended by changing | 23 | | Section 3-10008 as follows:
| 24 | | (55 ILCS 5/3-10008) (from Ch. 34, par. 3-10008)
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| 1 | | Sec. 3-10008. Office hours. Except as otherwise provided in | 2 | | this Section, the The county treasurer
shall keep his office | 3 | | open and attend to the
duties thereof from eight o'clock in the | 4 | | forenoon to five o'clock in the
afternoon on each working day | 5 | | excepting such days as under law are legal
holidays, and may | 6 | | close his office at 12 o'clock on Saturday of each week;
| 7 | | Provided, that the county treasurer shall not be compelled to | 8 | | open his
office before the hour of nine o'clock a. m. and, by | 9 | | permission of the
county board, the treasurer may close his | 10 | | office all day Saturday:
Provided, further, that , except with | 11 | | respect to the required office hours applicable to tax sales, | 12 | | the hours of opening and closing of the office of
the county | 13 | | treasurer may be changed and otherwise fixed and determined by
| 14 | | the county board of any county. Any such action taken by the | 15 | | county board
shall be by an appropriate resolution passed at a | 16 | | regular meeting. Notwithstanding the provisions of this | 17 | | Section or any other provision of law, the county treasurer | 18 | | must keep his or her office open from 8:00 a.m. until 5:00 p.m. | 19 | | on the day before the commencement of a tax sale held in the | 20 | | county pursuant to Division 3.5 of Article 21 of the Property | 21 | | Tax Code and during the same hours each day the tax sale is | 22 | | pending. A home rule unit may not regulate the hours employed | 23 | | by the county treasurer in a
manner that is inconsistent with | 24 | | this Section. This Section is a limitation under
subsection (i) | 25 | | of Section 6 of Article VII of the Illinois Constitution on
the | 26 | | concurrent exercise by home rule units of powers and functions |
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| 1 | | exercised by
the State.
| 2 | | (Source: P.A. 86-962.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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