Bill Amendment: IL HB5048 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROP TX-SERVICE OF NOTICE

Status: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5048 Detail]

Download: Illinois-2019-HB5048-House_Amendment_001.html

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Rep. Marcus C. Evans, Jr.

Filed: 3/5/2020

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AMENDMENT TO HOUSE BILL 5048
AMENDMENT NO. ______. Amend House Bill 5048 by replacing
everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing
Section 22-15 as follows:
(35 ILCS 200/22-15)
Sec. 22-15. Service of notice. The purchaser or his or her
assignee shall give the notice required by Section 22-10 by
causing it to be published in a newspaper as set forth in
Section 22-20. In addition, the notice shall be served by a
sheriff (or if he or she is disqualified, by a coroner) of the
county in which the property, or any part thereof, is located
or, except in Cook County, by a person who is licensed or
registered as a private detective under the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 upon owners who reside on any part of the

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property sold by leaving a copy of the notice with those owners
personally.
In Cook County, the notice must be served by a sheriff (or
if he or she is disqualified, by a coroner) and may also be
served by a by a person who is licensed or registered as a
private detective under the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004.
In counties of 3,000,000 or more inhabitants where a taxing
district is a petitioner for tax deed pursuant to Section
21-90, in lieu of service by the sheriff or coroner the notice
may be served by a special process server appointed by the
circuit court as provided in this Section. The taxing district
may move prior to filing one or more petitions for tax deed for
appointment of such a special process server. The court, upon
being satisfied that the person named in the motion is at least
18 years of age and is capable of serving notice as required
under this Code, shall enter an order appointing such person as
a special process server for a period of one year. The
appointment may be renewed for successive periods of one year
each by motion and order, and a copy of the original and any
subsequent order shall be filed in each tax deed case in which
a notice is served by the appointed person. Delivery of the
notice to and service of the notice by the special process
server shall have the same force and effect as its delivery to
and service by the sheriff or coroner.

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The same form of notice shall also be served, in the manner
set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
2-211 of the Code of Civil Procedure, upon all other owners and
parties interested in the property, if upon diligent inquiry
they can be found in the county, and upon the occupants of the
property.
If the property sold has more than 4 dwellings or other
rental units, and has a managing agent or party who collects
rents, that person shall be deemed the occupant and shall be
served with notice instead of the occupants of the individual
units. If the property has no dwellings or rental units, but
economic or recreational activities are carried on therein, the
person directing such activities shall be deemed the occupant.
Holders of rights of entry and possibilities of reverter shall
not be deemed parties interested in the property.
When a party interested in the property is a trustee,
notice served upon the trustee shall be deemed to have been
served upon any beneficiary or note holder thereunder unless
the holder of the note is disclosed of record.
When a judgment is a lien upon the property sold, the
holder of the lien shall be served with notice if the name of
the judgment debtor as shown in the transcript, certified copy
or memorandum of judgment filed of record is identical, as to
given name and surname, with the name of the party interested
as it appears of record.
If any owner or party interested, upon diligent inquiry and

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effort, cannot be found or served with notice in the county as
provided in this Section, and the person in actual occupancy
and possession is tenant to, or in possession under the owners
or the parties interested in the property, then service of
notice upon the tenant, occupant or person in possession shall
be deemed service upon the owners or parties interested.
If any owner or party interested, upon diligent inquiry and
effort cannot be found or served with notice in the county,
then the person making the service shall cause a copy of the
notice to be sent by registered or certified mail, return
receipt requested, to that party at his or her residence, if
ascertainable.
The changes to this Section made by Public Act 95-477 apply
only to matters in which a petition for tax deed is filed on or
after June 1, 2008 (the effective date of Public Act 95-477).
(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.".