Full Text of HB5048 101st General Assembly
HB5048ham001 101ST GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/5/2020
| | 10100HB5048ham001 | | LRB101 17338 HLH 71192 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5048
| 2 | | AMENDMENT NO. ______. Amend House Bill 5048 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 22-15 as follows:
| 6 | | (35 ILCS 200/22-15)
| 7 | | Sec. 22-15. Service of notice. The purchaser or his or her | 8 | | assignee shall
give the notice required by Section 22-10 by | 9 | | causing it to be published in a
newspaper as set forth in | 10 | | Section 22-20. In addition, the notice shall be
served by a | 11 | | sheriff (or if he or she is disqualified, by a coroner) of the
| 12 | | county in which the property, or any part thereof, is located | 13 | | or, except in Cook County, by a person who is licensed or | 14 | | registered as a private detective under the Private Detective, | 15 | | Private Alarm, Private Security, Fingerprint Vendor, and | 16 | | Locksmith Act of 2004 upon owners who
reside on any part of the |
| | | 10100HB5048ham001 | - 2 - | LRB101 17338 HLH 71192 a |
|
| 1 | | property sold by leaving a copy of the notice with
those owners | 2 | | personally.
| 3 | | In Cook County, the notice must be served by a sheriff (or | 4 | | if he or she is disqualified, by a coroner) and may also be | 5 | | served by a by a person who is licensed or registered as a | 6 | | private detective under the Private Detective, Private Alarm, | 7 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 8 | | 2004. | 9 | | In counties of 3,000,000 or more inhabitants where a taxing | 10 | | district is a
petitioner for tax deed pursuant to Section | 11 | | 21-90, in lieu of service by the
sheriff or coroner the notice | 12 | | may be served by a special process server
appointed by the | 13 | | circuit court as provided in this Section. The taxing
district | 14 | | may move prior to filing one or more petitions for tax deed for
| 15 | | appointment of such a special process server. The court, upon | 16 | | being satisfied
that the person named in the motion is at least | 17 | | 18 years of age and is capable
of serving notice as required | 18 | | under this Code, shall enter an order appointing
such person as | 19 | | a special process server for a period of one year. The
| 20 | | appointment may be renewed for successive periods of one year | 21 | | each by motion
and order, and a copy of the original and any | 22 | | subsequent order shall be filed
in each tax deed case in which | 23 | | a notice is served by the appointed person.
Delivery of the | 24 | | notice to and service of the notice by the special process
| 25 | | server shall have the same force and effect as its delivery to | 26 | | and service by
the sheriff or coroner.
|
| | | 10100HB5048ham001 | - 3 - | LRB101 17338 HLH 71192 a |
|
| 1 | | The same form of notice shall also be served, in the manner | 2 | | set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and | 3 | | 2-211 of the Code of Civil
Procedure, upon all other owners and
| 4 | | parties interested in the property, if upon diligent inquiry | 5 | | they can be found
in the county, and upon the occupants of the | 6 | | property.
| 7 | | If the property sold has more than 4 dwellings or other | 8 | | rental units, and
has a managing agent or party who collects | 9 | | rents, that person
shall be deemed the occupant and shall be | 10 | | served with notice instead of
the occupants of the individual | 11 | | units. If the property has no
dwellings or rental units, but | 12 | | economic or recreational activities are
carried on therein, the | 13 | | person directing such activities shall be deemed
the occupant. | 14 | | Holders of rights of entry and possibilities of reverter
shall | 15 | | not be deemed parties interested in the property.
| 16 | | When a party interested in the property is a trustee, | 17 | | notice served upon the
trustee shall be deemed to have been | 18 | | served upon any beneficiary or note
holder thereunder unless | 19 | | the holder of the note is disclosed of record.
| 20 | | When a judgment is a lien upon the property sold, the | 21 | | holder
of the lien shall be served with notice if the name of | 22 | | the judgment debtor as
shown in the transcript, certified copy | 23 | | or memorandum of judgment
filed of record is identical, as to | 24 | | given name and surname, with the
name of the party interested | 25 | | as it appears of record.
| 26 | | If any owner or party interested, upon diligent inquiry and |
| | | 10100HB5048ham001 | - 4 - | LRB101 17338 HLH 71192 a |
|
| 1 | | effort,
cannot be found or served with notice in the county as | 2 | | provided in this
Section, and the person in actual occupancy | 3 | | and possession is tenant to, or in
possession under the owners | 4 | | or the parties interested in the property, then
service of | 5 | | notice upon the tenant, occupant or person in possession
shall | 6 | | be deemed service upon the owners or parties interested.
| 7 | | If any owner or party interested, upon diligent inquiry and | 8 | | effort
cannot be found or served with notice in the county, | 9 | | then the person making the
service shall cause a copy of the | 10 | | notice to be sent by
registered or certified mail, return
| 11 | | receipt requested, to that party at his or her residence, if | 12 | | ascertainable.
| 13 | | The changes to this Section made by Public Act 95-477
apply | 14 | | only to matters in which a petition for tax deed is filed on or | 15 | | after June 1, 2008 (the effective date of Public Act 95-477).
| 16 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, | 17 | | eff. 8-21-08.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
|
|