Bill Text: IL HB2740 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Amends the Property Tax Code. Provides that the notice of annual application for judgment and sale shall be published in a newspaper circulated (instead of published) in the unit of local government. Provides that, in counties with less than 3,000,000 inhabitants, notice of the expiration of the redemption period shall be published in a newspaper circulated (instead of published) in the county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2740 Detail]

Download: Illinois-2013-HB2740-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2740

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:
35 ILCS 200/21-110
35 ILCS 200/22-20

Amends the Property Tax Code. Provides that the notice of annual application for judgment and sale shall be published in a newspaper circulated (instead of published) in the unit of local government. Provides that, in counties with less than 3,000,000 inhabitants, notice of the expiration of the redemption period shall be published in a newspaper circulated (instead of published) in the county.
LRB098 08024 HLH 38115 b
FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB2740LRB098 08024 HLH 38115 b
1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Sections 21-110 and 22-20 as follows:
6 (35 ILCS 200/21-110)
7 Sec. 21-110. Published notice of annual application for
8judgment and sale; delinquent taxes. At any time after all
9taxes have become delinquent in any year, the Collector shall
10publish an advertisement, giving notice of the intended
11application for judgment and sale of the delinquent properties.
12The advertisement may include the street address on file with
13the county collector, if available, and shall include the PIN
14number of each delinquent property. Except as provided below,
15the advertisement shall be in a newspaper circulated published
16in the township or road district in which the properties are
17located. If there is no newspaper circulated published in the
18township or road district, then the notice shall be published
19in some newspaper circulated in the same county as the township
20or road district, to be selected by the county collector. When
21the property is in a city with more than 1,000,000 inhabitants,
22the advertisement may be in any newspaper circulated published
23in the same county. When the property is in an incorporated

HB2740- 2 -LRB098 08024 HLH 38115 b
1town which has superseded a civil township, the advertisement
2shall be in a newspaper circulated published in the
3incorporated town or if there is no such newspaper, then in a
4newspaper circulated published in the county.
5 The provisions of this Section relating to the time when
6the Collector shall advertise intended application for
7judgment for sale are subject to modification by the governing
8authority of a county in accordance with the provisions of
9subsection (c) of Section 21-40.
10(Source: P.A. 97-557, eff. 7-1-12.)
11 (35 ILCS 200/22-20)
12 Sec. 22-20. Proof of service of notice; publication of
13notice. The sheriff or coroner serving notice under Section
1422-15 shall endorse his or her return thereon and file it with
15the Clerk of the Circuit Court and it shall be a part of the
16court record. A private detective or a special process server
17appointed under Section 22-15 shall make his or her return by
18affidavit and shall file it with the Clerk of the Circuit
19Court, where it shall be a part of the court record. If a
20sheriff, private detective, special process server, or coroner
21to whom any notice is delivered for service, neglects or
22refuses to make the return, the purchaser or his or her
23assignee may petition the court to enter a rule requiring the
24sheriff, private detective, special process server, or coroner
25to make return of the notice on a day to be fixed by the court,

HB2740- 3 -LRB098 08024 HLH 38115 b
1or to show cause on that day why he or she should not be
2attached for contempt of the court. The purchaser or assignee
3shall cause a written notice of the rule to be served upon the
4sheriff, private detective, special process server, or
5coroner. If good and sufficient cause to excuse the sheriff,
6private detective, special process server, or coroner is not
7shown, the court shall adjudge him or her guilty of a contempt,
8and shall proceed to punish him as in other cases of contempt.
9 If the property is located in a municipality in a county
10with less than 3,000,000 inhabitants, the purchaser or his or
11her assignee shall also publish a notice as to the owner or
12party interested, in some newspaper circulated published in the
13municipality. If the property is not in a municipality in a
14county with less than 3,000,000 inhabitants, or if no newspaper
15is circulated published therein, or if the property is in a
16county with 3,000,000 or more inhabitants, the notice shall be
17published in some newspaper in the county. If the property is
18located in a county with less than 3,000,000 inhabitants, if If
19no newspaper is circulated published in the county, then the
20notice shall be published in the newspaper that is circulated
21published nearest the county seat of the county in which the
22property is located. If the property is located in a county
23with more than 3,000,000 inhabitants, if no newspaper is
24published in the county, then the notice shall be published in
25the newspaper that is published nearest the county seat of the
26county in which the property is located. If the owners and

HB2740- 4 -LRB098 08024 HLH 38115 b
1parties interested in the property upon diligent inquiry are
2unknown to the purchaser or his or her assignee, the
3publication as to such owner or party interested, may be made
4to unknown owners or parties interested. Any notice by
5publication given under this Section shall be given 3 times at
6any time after filing a petition for tax deed, but not less
7than 3 months nor more than 6 months prior to the expiration of
8the period of redemption. The publication shall contain (a)
9notice of the filing of the petition for tax deed, (b) the date
10on which the petitioner intends to make application for an
11order on the petition that a tax deed issue, (c) a description
12of the property, (d) the date upon which the property was sold,
13(e) the taxes or special assessments for which it was sold and
14(f) the date on which the period of redemption will expire. The
15publication shall not include more than one property listed and
16sold in one description, except as provided in Section 21-90,
17and except that when more than one property is owned by one
18person, all of the parcels owned by that person may be included
19in one notice.
20 The changes to this Section made by Public Act 95-477 apply
21only to matters in which a petition for tax deed is filed on or
22after June 1, 2008 (the effective date of Public Act 95-477).
23(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
24eff. 8-21-08.)
feedback