Full Text of HB5048 101st General Assembly
HB5048 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5048 Introduced 2/18/2020, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that, in counties with more than 3,000,000 inhabitants (currently, in Cook County), notice of expiration of period of redemption may be served by a private detective. 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,
| 3 | | represented in the General Assembly:
| 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 upon | 11 | | owners who
reside on any part of the property sold by leaving a | 12 | | copy of the notice with
those owners personally. Service shall | 13 | | be made by a sheriff (or if he or she is disqualified, by a | 14 | | coroner) of the
county in which the property, or any part | 15 | | thereof, is located or , except that, in a county with 3,000,000 | 16 | | or more inhabitants, notice may be served by a sheriff (or if | 17 | | he or she is disqualified, by a coroner) or in Cook County, by | 18 | | a person who is licensed or registered as a private detective | 19 | | under the Private Detective, Private Alarm, Private Security, | 20 | | Fingerprint Vendor, and Locksmith Act of 2004 upon owners who
| 21 | | reside on any part of the property sold by leaving a copy of | 22 | | the notice with
those owners personally .
| 23 | | In counties of 3,000,000 or more inhabitants where a taxing |
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| 1 | | district is a
petitioner for tax deed pursuant to Section | 2 | | 21-90, in lieu of service by the
sheriff or coroner the notice | 3 | | may be served by a special process server
appointed by the | 4 | | circuit court as provided in this Section. The taxing
district | 5 | | may move prior to filing one or more petitions for tax deed for
| 6 | | appointment of such a special process server. The court, upon | 7 | | being satisfied
that the person named in the motion is at least | 8 | | 18 years of age and is capable
of serving notice as required | 9 | | under this Code, shall enter an order appointing
such person as | 10 | | a special process server for a period of one year. The
| 11 | | appointment may be renewed for successive periods of one year | 12 | | each by motion
and order, and a copy of the original and any | 13 | | subsequent order shall be filed
in each tax deed case in which | 14 | | a notice is served by the appointed person.
Delivery of the | 15 | | notice to and service of the notice by the special process
| 16 | | server shall have the same force and effect as its delivery to | 17 | | and service by
the sheriff or coroner.
| 18 | | The same form of notice shall also be served, in the manner | 19 | | set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and | 20 | | 2-211 of the Code of Civil
Procedure, upon all other owners and
| 21 | | parties interested in the property, if upon diligent inquiry | 22 | | they can be found
in the county, and upon the occupants of the | 23 | | property.
| 24 | | If the property sold has more than 4 dwellings or other | 25 | | rental units, and
has a managing agent or party who collects | 26 | | rents, that person
shall be deemed the occupant and shall be |
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| 1 | | served with notice instead of
the occupants of the individual | 2 | | units. If the property has no
dwellings or rental units, but | 3 | | economic or recreational activities are
carried on therein, the | 4 | | person directing such activities shall be deemed
the occupant. | 5 | | Holders of rights of entry and possibilities of reverter
shall | 6 | | not be deemed parties interested in the property.
| 7 | | When a party interested in the property is a trustee, | 8 | | notice served upon the
trustee shall be deemed to have been | 9 | | served upon any beneficiary or note
holder thereunder unless | 10 | | the holder of the note is disclosed of record.
| 11 | | When a judgment is a lien upon the property sold, the | 12 | | holder
of the lien shall be served with notice if the name of | 13 | | the judgment debtor as
shown in the transcript, certified copy | 14 | | or memorandum of judgment
filed of record is identical, as to | 15 | | given name and surname, with the
name of the party interested | 16 | | as it appears of record.
| 17 | | If any owner or party interested, upon diligent inquiry and | 18 | | effort,
cannot be found or served with notice in the county as | 19 | | provided in this
Section, and the person in actual occupancy | 20 | | and possession is tenant to, or in
possession under the owners | 21 | | or the parties interested in the property, then
service of | 22 | | notice upon the tenant, occupant or person in possession
shall | 23 | | be deemed service upon the owners or parties interested.
| 24 | | If any owner or party interested, upon diligent inquiry and | 25 | | effort
cannot be found or served with notice in the county, | 26 | | then the person making the
service shall cause a copy of the |
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| 1 | | notice to be sent by
registered or certified mail, return
| 2 | | receipt requested, to that party at his or her residence, if | 3 | | ascertainable.
| 4 | | The changes to this Section made by Public Act 95-477
apply | 5 | | only to matters in which a petition for tax deed is filed on or | 6 | | after June 1, 2008 (the effective date of Public Act 95-477).
| 7 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, | 8 | | eff. 8-21-08.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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