101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5048

 

Introduced 2/18/2020, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/22-15

    Amends the Property Tax Code. Provides that, in counties with more than 3,000,000 inhabitants (currently, in Cook County), notice of expiration of period of redemption may be served by a private detective. Effective immediately.


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A BILL FOR

 

HB5048LRB101 17338 HLH 66743 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
5Section 22-15 as follows:
 
6    (35 ILCS 200/22-15)
7    Sec. 22-15. Service of notice. The purchaser or his or her
8assignee shall give the notice required by Section 22-10 by
9causing it to be published in a newspaper as set forth in
10Section 22-20. In addition, the notice shall be served upon
11owners who reside on any part of the property sold by leaving a
12copy of the notice with those owners personally. Service shall
13be made by a sheriff (or if he or she is disqualified, by a
14coroner) of the county in which the property, or any part
15thereof, is located or, except that, in a county with 3,000,000
16or more inhabitants, notice may be served by a sheriff (or if
17he or she is disqualified, by a coroner) or in Cook County, by
18a person who is licensed or registered as a private detective
19under the Private Detective, Private Alarm, Private Security,
20Fingerprint Vendor, and Locksmith Act of 2004 upon owners who
21reside on any part of the property sold by leaving a copy of
22the notice with those owners personally.
23    In counties of 3,000,000 or more inhabitants where a taxing

 

 

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1district is a petitioner for tax deed pursuant to Section
221-90, in lieu of service by the sheriff or coroner the notice
3may be served by a special process server appointed by the
4circuit court as provided in this Section. The taxing district
5may move prior to filing one or more petitions for tax deed for
6appointment of such a special process server. The court, upon
7being satisfied that the person named in the motion is at least
818 years of age and is capable of serving notice as required
9under this Code, shall enter an order appointing such person as
10a special process server for a period of one year. The
11appointment may be renewed for successive periods of one year
12each by motion and order, and a copy of the original and any
13subsequent order shall be filed in each tax deed case in which
14a notice is served by the appointed person. Delivery of the
15notice to and service of the notice by the special process
16server shall have the same force and effect as its delivery to
17and service by the sheriff or coroner.
18    The same form of notice shall also be served, in the manner
19set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
202-211 of the Code of Civil Procedure, upon all other owners and
21parties interested in the property, if upon diligent inquiry
22they can be found in the county, and upon the occupants of the
23property.
24    If the property sold has more than 4 dwellings or other
25rental units, and has a managing agent or party who collects
26rents, that person shall be deemed the occupant and shall be

 

 

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1served with notice instead of the occupants of the individual
2units. If the property has no dwellings or rental units, but
3economic or recreational activities are carried on therein, the
4person directing such activities shall be deemed the occupant.
5Holders of rights of entry and possibilities of reverter shall
6not be deemed parties interested in the property.
7    When a party interested in the property is a trustee,
8notice served upon the trustee shall be deemed to have been
9served upon any beneficiary or note holder thereunder unless
10the holder of the note is disclosed of record.
11    When a judgment is a lien upon the property sold, the
12holder of the lien shall be served with notice if the name of
13the judgment debtor as shown in the transcript, certified copy
14or memorandum of judgment filed of record is identical, as to
15given name and surname, with the name of the party interested
16as it appears of record.
17    If any owner or party interested, upon diligent inquiry and
18effort, cannot be found or served with notice in the county as
19provided in this Section, and the person in actual occupancy
20and possession is tenant to, or in possession under the owners
21or the parties interested in the property, then service of
22notice upon the tenant, occupant or person in possession shall
23be deemed service upon the owners or parties interested.
24    If any owner or party interested, upon diligent inquiry and
25effort cannot be found or served with notice in the county,
26then the person making the service shall cause a copy of the

 

 

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1notice to be sent by registered or certified mail, return
2receipt requested, to that party at his or her residence, if
3ascertainable.
4    The changes to this Section made by Public Act 95-477 apply
5only to matters in which a petition for tax deed is filed on or
6after June 1, 2008 (the effective date of Public Act 95-477).
7(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
8eff. 8-21-08.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.