Bill Text: IL HB5168 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5168 Detail]
Download: Illinois-2021-HB5168-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | |||||||||||||||||||
5 | Section 22-15 as follows:
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6 | (35 ILCS 200/22-15)
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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20 | service of notice upon the tenant, occupant or person in | ||||||
21 | possession
shall be deemed service upon the owners or parties | ||||||
22 | interested.
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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.
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3 | The changes to this Section made by Public Act 95-477
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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).
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7 | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; | ||||||
8 | 95-876, eff. 8-21-08.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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