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90_HB3026sam001
SDS/90HB3026pam1/dgp
1 AMENDMENT TO HOUSE BILL 3026
2 AMENDMENT NO. . Amend House Bill 3026 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT regarding property taxes."; and
5 on page 1, line 6, by replacing "Section 31-25" with
6 "Sections 21-385, 22-15 and 22-20"; and
7 by replacing everything after the enacting clause with the
8 following:
9 "(35 ILCS 200/21-385)
10 Sec. 21-385. Extension of period of redemption. The
11 purchaser or his or her assignee of property sold for
12 nonpayment of general taxes or special assessments may extend
13 the period of redemption at any time before the expiration of
14 the original period of redemption, or thereafter prior to the
15 expiration of any extended period of redemption, for a period
16 which will expire not later than 3 years from the date of
17 sale, by filing with the county clerk of the county in which
18 the property is located a written notice to that effect
19 describing the property, stating the date of the sale and
20 specifying the extended period of redemption. If prior to
21 the expiration of the period of redemption or extended period
22 of redemption a petition for tax deed has been filed under
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1 Section 22-30, upon application of the petitioner, the court
2 shall allow the purchaser or his or her assignee to extend
3 the period of redemption after expiration of the original
4 period or any extended period of redemption, provided that
5 any extension allowed will expire not later than 3 years from
6 the date of sale. If the period of redemption is extended,
7 the purchaser or his or her assignee must give the notices
8 provided for in Section 22-10 at the specified times prior to
9 the expiration of the extended period of redemption by
10 causing a sheriff (or if he or she is disqualified, a
11 coroner) of the county in which the property, or any part
12 thereof, is located to serve the notices as provided in
13 Sections 22-15 and 22-20. The notices may also be served as
14 provided in Sections 22-15 and 22-20 by a special process
15 server appointed by the court under Section 22-15.
16 (Source: P.A. 86-949; 87-1189; 88-455.)
17 (35 ILCS 200/22-15)
18 Sec. 22-15. Service of notice. The purchaser or his or
19 her assignee shall give the notice required by Section 22-10
20 by causing it to be published in a newspaper as set forth in
21 Section 22-20. In addition, the notice shall be served by a
22 sheriff (or if he or she is disqualified, by a coroner) of
23 the county in which the property, or any part thereof, is
24 located upon owners who reside on any part of the property
25 sold by leaving a copy of the notice with those owners
26 personally.
27 In counties of 3,000,000 or more inhabitants where a
28 taxing district is a petitioner for tax deed pursuant to
29 Section 21-90, in lieu of service by the sheriff or coroner
30 the notice may be served by a special process server
31 appointed by the circuit court as provided in this Section.
32 The taxing district may move prior to filing one or more
33 petitions for tax deed for appointment of such a special
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1 process server. The court, upon being satisfied that the
2 person named in the motion is at least 18 years of age and is
3 capable of serving notice as required under this Code, shall
4 enter an order appointing such person as a special process
5 server for a period of one year. The appointment may be
6 renewed for successive periods of one year each by motion and
7 order, and a copy of the original and any subsequent order
8 shall be filed in each tax deed case in which a notice is
9 served by the appointed person. Delivery of the notice to
10 and service of the notice by the special process server shall
11 have the same force and effect as its delivery to and service
12 by the sheriff or coroner.
13 The same form of notice shall also be served upon all
14 other owners and parties interested in the property, if upon
15 diligent inquiry they can be found in the county, and upon
16 the occupants of the property in the following manner:
17 (a) as to individuals, by (1) leaving a copy of the
18 notice with the person personally or (2) by leaving a
19 copy at his or her usual place of residence with a person
20 of the family, of the age of 13 years or more, and
21 informing that person of its contents. The person making
22 the service shall cause also send a copy of the notice to
23 be sent by registered or certified mail, return receipt
24 requested, to that party at his or her usual place of
25 residence;
26 (b) as to public and private corporations,
27 municipal, governmental and quasi-municipal corporations,
28 partnerships, receivers and trustees of corporations, by
29 leaving a copy of the notice with the person designated
30 by the Civil Practice Law.
31 If the property sold has more than 4 dwellings or other
32 rental units, and has a managing agent or party who collects
33 rents, that person shall be deemed the occupant and shall be
34 served with notice instead of the occupants of the individual
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1 units. If the property has no dwellings or rental units, but
2 economic or recreational activities are carried on therein,
3 the person directing such activities shall be deemed the
4 occupant. Holders of rights of entry and possibilities of
5 reverter shall not be deemed parties interested in the
6 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
14 copy or memorandum of judgment filed of record is identical,
15 as to given name and surname, with the name of the party
16 interested as it appears of record.
17 If any owner or party interested, upon diligent inquiry
18 and effort, cannot be found or served with notice in the
19 county as provided in this Section, and the person in actual
20 occupancy and possession is tenant to, or in possession under
21 the owners or the parties interested in the property, then
22 service of notice upon the tenant, occupant or person in
23 possession shall be deemed service upon the owners or parties
24 interested.
25 If any owner or party interested, upon diligent inquiry
26 and effort cannot be found or served with notice in the
27 county, then the person making the service shall cause send a
28 copy of the notice to be sent by registered or certified
29 mail, return receipt requested, to that party at his or her
30 residence, if ascertainable.
31 (Source: P.A. 87-1189; 88-455; incorporates 88-451; 88-670,
32 eff. 12-2-94.)
33 (35 ILCS 200/22-20)
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1 Sec. 22-20. Proof of service of notice; publication of
2 notice. The sheriff or coroner serving notice under Section
3 22-15 shall endorse his or her return thereon and file it
4 with the Clerk of the Circuit Court and it shall be a part of
5 the court record. A special process server appointed under
6 Section 22-15 shall make his or her return by affidavit and
7 shall file it with the Clerk of the Circuit Court, where it
8 shall be a part of the court record. If a sheriff, special
9 process server, or coroner to whom any notice is delivered
10 for service, neglects or refuses to make the return, the
11 purchaser or his or her assignee may petition the court to
12 enter a rule requiring the sheriff, special process server,
13 or coroner to make return of the notice on a day to be fixed
14 by the court, or to show cause on that day why he or she
15 should not be attached for contempt of the court. The
16 purchaser or assignee shall cause a written notice of the
17 rule to be served upon the sheriff, special process server,
18 or coroner. If good and sufficient cause to excuse the
19 sheriff, special process server, or coroner is not shown, the
20 court shall adjudge him or her guilty of a contempt, and
21 shall proceed to punish him as in other cases of contempt.
22 If the property is located in a municipality in a county
23 with less than 3,000,000 inhabitants, the purchaser or his or
24 her assignee shall also publish a notice as to the owner or
25 party interested, in some newspaper published in the
26 municipality. If the property is not in a municipality in a
27 county with less than 3,000,000 inhabitants, or if no
28 newspaper is published therein, or if the property is in a
29 county with 3,000,000 or more inhabitants, the notice shall
30 be published in some newspaper in the county. If no
31 newspaper is published in the county, then the notice shall
32 be published in the newspaper that is published nearest the
33 county seat of the county in which the property is located.
34 If the owners and parties interested in the property upon
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1 diligent inquiry are unknown to the purchaser or his or her
2 assignee, the publication as to such owner or party
3 interested, may be made to unknown owners or parties
4 interested. Any notice by publication given under this
5 Section shall be given 3 times at any time after filing a
6 petition for tax deed, but not less than 3 months nor more
7 than 5 months prior to the expiration of the period of
8 redemption. The publication shall contain (a) notice of the
9 filing of the petition for tax deed, (b) the date on which
10 the petitioner intends to make application for an order on
11 the petition that a tax deed issue, (c) a description of the
12 property, (d) the date upon which the property was sold, (e)
13 the taxes or special assessments for which it was sold and
14 (f) the date on which the period of redemption will expire.
15 The publication shall not include more than one property
16 listed and sold in one description, except as provided in
17 Section 21-90, and except that when more than one property is
18 owned by one person, all of the parcels owned by that person
19 may be included in one notice.
20 (Source: P.A. 87-1189; 88-455; 88-535.)".