Full Text of HB5168 102nd General Assembly
HB5168 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5168 Introduced 1/27/2022, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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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,
| 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 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 | 17 | | property sold by leaving a copy of the notice with
those owners | 18 | | personally.
| 19 | | In counties of 3,000,000 or more inhabitants where a | 20 | | taxing district is a
petitioner for tax deed pursuant to | 21 | | Section 21-90, in lieu of service by the
sheriff or coroner the | 22 | | notice may be served by a special process server
appointed by | 23 | | the circuit court as provided in this Section. The taxing
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| 1 | | district may move prior to filing one or more petitions for tax | 2 | | deed for
appointment of such a special process server. The | 3 | | court, upon being satisfied
that the person named in the | 4 | | motion is at least 18 years of age and is capable
of serving | 5 | | notice as required under this Code, shall enter an order | 6 | | appointing
such person as a special process server for a | 7 | | period of one year. The
appointment may be renewed for | 8 | | successive periods of one year each by motion
and order, and a | 9 | | copy of the original and any subsequent order shall be filed
in | 10 | | each tax deed case in which a notice is served by the appointed | 11 | | person.
Delivery of the notice to and service of the notice by | 12 | | the special process
server shall have the same force and | 13 | | effect as its delivery to and service by
the sheriff or | 14 | | coroner.
| 15 | | The same form of notice shall also be served, in the manner | 16 | | set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and | 17 | | 2-211 of the Code of Civil
Procedure, upon all other owners and
| 18 | | parties interested in the property, if upon diligent inquiry | 19 | | they can be found
in the county, and upon the occupants of the | 20 | | property.
| 21 | | If the property sold has more than 4 dwellings or other | 22 | | rental units, and
has a managing agent or party who collects | 23 | | rents, that person
shall be deemed the occupant and shall be | 24 | | served with notice instead of
the occupants of the individual | 25 | | units. If the property has no
dwellings or rental units, but | 26 | | economic or recreational activities are
carried on therein, |
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| 1 | | the person directing such activities shall be deemed
the | 2 | | occupant. Holders of rights of entry and possibilities of | 3 | | reverter
shall not be deemed parties interested in the | 4 | | property.
| 5 | | When a party interested in the property is a trustee, | 6 | | notice served upon the
trustee shall be deemed to have been | 7 | | served upon any beneficiary or note
holder thereunder unless | 8 | | the holder of the note is disclosed of record.
| 9 | | When a judgment is a lien upon the property sold, the | 10 | | holder
of the lien shall be served with notice if the name of | 11 | | the judgment debtor as
shown in the transcript, certified copy | 12 | | or memorandum of judgment
filed of record is identical, as to | 13 | | given name and surname, with the
name of the party interested | 14 | | as it appears of record.
| 15 | | If any owner or party interested, upon diligent inquiry | 16 | | and effort,
cannot be found or served with notice in the county | 17 | | as provided in this
Section, and the person in actual | 18 | | occupancy and possession is tenant to, or in
possession under | 19 | | the owners or the parties interested in the property, then
| 20 | | service of notice upon the tenant, occupant or person in | 21 | | possession
shall be deemed service upon the owners or parties | 22 | | interested.
| 23 | | If any owner or party interested, upon diligent inquiry | 24 | | and effort
cannot be found or served with notice in the county, | 25 | | then the person making the
service shall cause a copy of the | 26 | | notice to be sent by
registered or certified mail, return
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| 1 | | receipt requested, to that party at his or her residence, if | 2 | | ascertainable.
| 3 | | The changes to this Section made by Public Act 95-477
| 4 | | apply only to matters in which a petition for tax deed is filed | 5 | | on or after June 1, 2008 (the effective date of Public Act | 6 | | 95-477).
| 7 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; | 8 | | 95-876, eff. 8-21-08.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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