Illinois 2023-2024 Regular Session

Illinois House Bill HB2164 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2164 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 35 ILCS 200/22-15 Amends the Property Tax Code. Provides that, in Cook County, service of notice of the expiration of the period of redemption may be made by a private detective, but only if the purchaser or assignee also delivers the notice to a sheriff (or the sheriff is disqualified, to a coroner) for attempted service. Effective immediately. LRB103 06060 HLH 51090 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2164 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 35 ILCS 200/22-15 35 ILCS 200/22-15 Amends the Property Tax Code. Provides that, in Cook County, service of notice of the expiration of the period of redemption may be made by a private detective, but only if the purchaser or assignee also delivers the notice to a sheriff (or the sheriff is disqualified, to a coroner) for attempted service. Effective immediately. LRB103 06060 HLH 51090 b LRB103 06060 HLH 51090 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2164 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/22-15 35 ILCS 200/22-15
4	4	35 ILCS 200/22-15
5	5	Amends the Property Tax Code. Provides that, in Cook County, service of notice of the expiration of the period of redemption may be made by a private detective, but only if the purchaser or assignee also delivers the notice to a sheriff (or the sheriff is disqualified, to a coroner) for attempted service. Effective immediately.
6	6	LRB103 06060 HLH 51090 b LRB103 06060 HLH 51090 b
7	7	LRB103 06060 HLH 51090 b
8	8	A BILL FOR
9	9	HB2164LRB103 06060 HLH 51090 b HB2164 LRB103 06060 HLH 51090 b
10	10	HB2164 LRB103 06060 HLH 51090 b
11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Property Tax Code is amended by changing
15	15	5 Section 22-15 as follows:
16	16	6 (35 ILCS 200/22-15)
17	17	7 Sec. 22-15. Service of notice. The purchaser or his or her
18	18	8 assignee shall give the notice required by Section 22-10 by
19	19	9 causing it to be published in a newspaper as set forth in
20	20	10 Section 22-20. In addition, the notice shall be served by a
21	21	11 sheriff (or if he or she is disqualified, by a coroner) of the
22	22	12 county in which the property, or any part thereof, is located
23	23	13 or, except in Cook County, by a person who is licensed or
24	24	14 registered as a private detective under the Private Detective,
25	25	15 Private Alarm, Private Security, Fingerprint Vendor, and
26	26	16 Locksmith Act of 2004 upon owners who reside on any part of the
27	27	17 property sold by leaving a copy of the notice with those owners
28	28	18 personally. In Cook County, service by a person who is
29	29	19 licensed or registered as a private detective under the
30	30	20 Private Detective, Private Alarm, Private Security,
31	31	21 Fingerprint Vendor, and Locksmith Act of 2004 shall be made
32	32	22 only if the purchaser or assignee also delivers the notice to
33	33	23 the sheriff (or if the sheriff is disqualified, to the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2164 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
38	38	35 ILCS 200/22-15 35 ILCS 200/22-15
39	39	35 ILCS 200/22-15
40	40	Amends the Property Tax Code. Provides that, in Cook County, service of notice of the expiration of the period of redemption may be made by a private detective, but only if the purchaser or assignee also delivers the notice to a sheriff (or the sheriff is disqualified, to a coroner) for attempted service. Effective immediately.
41	41	LRB103 06060 HLH 51090 b LRB103 06060 HLH 51090 b
42	42	LRB103 06060 HLH 51090 b
43	43	A BILL FOR
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49	49	35 ILCS 200/22-15
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68	68	1 coroner) for attempted service. Service that is made by a
69	69	2 person who is licensed or registered as a private detective
70	70	3 under the Private Detective, Private Alarm, Private Security,
71	71	4 Fingerprint Vendor, and Locksmith Act of 2004 that complies
72	72	5 with the provisions of this Section shall have the same force
73	73	6 and effect as service by the sheriff or coroner. The costs
74	74	7 incurred in causing notices to be served by a licensed or
75	75	8 registered private detective under this Section are governed
76	76	9 by subsection (h) of Section 21-355.
77	77	10 In counties of 3,000,000 or more inhabitants where a
78	78	11 taxing district is a petitioner for tax deed pursuant to
79	79	12 Section 21-90, in lieu of service by the sheriff or coroner the
80	80	13 notice may be served by a special process server appointed by
81	81	14 the circuit court as provided in this Section. The taxing
82	82	15 district may move prior to filing one or more petitions for tax
83	83	16 deed for appointment of such a special process server. The
84	84	17 court, upon being satisfied that the person named in the
85	85	18 motion is at least 18 years of age and is capable of serving
86	86	19 notice as required under this Code, shall enter an order
87	87	20 appointing such person as a special process server for a
88	88	21 period of one year. The appointment may be renewed for
89	89	22 successive periods of one year each by motion and order, and a
90	90	23 copy of the original and any subsequent order shall be filed in
91	91	24 each tax deed case in which a notice is served by the appointed
92	92	25 person. Delivery of the notice to and service of the notice by
93	93	26 the special process server shall have the same force and
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104	104	1 effect as its delivery to and service by the sheriff or
105	105	2 coroner.
106	106	3 The same form of notice shall also be served, in the manner
107	107	4 set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
108	108	5 2-211 of the Code of Civil Procedure, upon all other owners and
109	109	6 parties interested in the property, if upon diligent inquiry
110	110	7 they can be found in the county, and upon the occupants of the
111	111	8 property.
112	112	9 If the property sold has more than 4 dwellings or other
113	113	10 rental units, and has a managing agent or party who collects
114	114	11 rents, that person shall be deemed the occupant and shall be
115	115	12 served with notice instead of the occupants of the individual
116	116	13 units. If the property has no dwellings or rental units, but
117	117	14 economic or recreational activities are carried on therein,
118	118	15 the person directing such activities shall be deemed the
119	119	16 occupant. Holders of rights of entry and possibilities of
120	120	17 reverter shall not be deemed parties interested in the
121	121	18 property.
122	122	19 When a party interested in the property is a trustee,
123	123	20 notice served upon the trustee shall be deemed to have been
124	124	21 served upon any beneficiary or note holder thereunder unless
125	125	22 the holder of the note is disclosed of record.
126	126	23 When a judgment is a lien upon the property sold, the
127	127	24 holder of the lien shall be served with notice if the name of
128	128	25 the judgment debtor as shown in the transcript, certified copy
129	129	26 or memorandum of judgment filed of record is identical, as to
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140	140	1 given name and surname, with the name of the party interested
141	141	2 as it appears of record.
142	142	3 If any owner or party interested, upon diligent inquiry
143	143	4 and effort, cannot be found or served with notice in the county
144	144	5 as provided in this Section, and the person in actual
145	145	6 occupancy and possession is tenant to, or in possession under
146	146	7 the owners or the parties interested in the property, then
147	147	8 service of notice upon the tenant, occupant or person in
148	148	9 possession shall be deemed service upon the owners or parties
149	149	10 interested.
150	150	11 If any owner or party interested, upon diligent inquiry
151	151	12 and effort cannot be found or served with notice in the county,
152	152	13 then the person making the service shall cause a copy of the
153	153	14 notice to be sent by registered or certified mail, return
154	154	15 receipt requested, to that party at his or her residence, if
155	155	16 ascertainable.
156	156	17 The changes to this Section made by Public Act 95-477
157	157	18 apply only to matters in which a petition for tax deed is filed
158	158	19 on or after June 1, 2008 (the effective date of Public Act
159	159	20 95-477).
160	160	21 The changes to this Section made by this amendatory Act of
161	161	22 the 103rd General Assembly apply only to matters in which a
162	162	23 petition for tax deed is filed on or after the effective date
163	163	24 of this amendatory Act of the 103rd General Assembly.
164	164	25 (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
165	165	26 95-876, eff. 8-21-08.)
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176	176	1 Section 99. Effective date. This Act takes effect upon
177	177	2 becoming law.
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