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
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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 | Sections 21-110 and 22-20 as follows:
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6 | (35 ILCS 200/21-110)
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7 | Sec. 21-110.
Published notice of annual application for | ||||||||||||||||||||||||||
8 | judgment and sale;
delinquent taxes. At any time after all | ||||||||||||||||||||||||||
9 | taxes have become delinquent in any year, the Collector shall | ||||||||||||||||||||||||||
10 | publish an advertisement,
giving notice of the intended | ||||||||||||||||||||||||||
11 | application for judgment and sale of the
delinquent properties. | ||||||||||||||||||||||||||
12 | The advertisement may include the street address on file with | ||||||||||||||||||||||||||
13 | the county collector, if available, and shall include the PIN | ||||||||||||||||||||||||||
14 | number of each delinquent property. Except as provided below, | ||||||||||||||||||||||||||
15 | the advertisement shall be in
a
newspaper circulated published | ||||||||||||||||||||||||||
16 | in the township or road district in which the properties
are | ||||||||||||||||||||||||||
17 | located. If there is no newspaper circulated published in the | ||||||||||||||||||||||||||
18 | township or road
district, then the notice shall be published | ||||||||||||||||||||||||||
19 | in some newspaper circulated in the same
county as the township | ||||||||||||||||||||||||||
20 | or road district, to be selected by the county
collector. When | ||||||||||||||||||||||||||
21 | the property is in a city with more than 1,000,000
inhabitants, | ||||||||||||||||||||||||||
22 | the advertisement may be in any newspaper circulated published | ||||||||||||||||||||||||||
23 | in the same
county. When the property is in an incorporated |
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1 | town which has superseded a
civil township, the advertisement | ||||||
2 | shall be in a newspaper circulated published in the
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3 | incorporated town or if there is no such newspaper, then in a | ||||||
4 | newspaper
circulated published in the county.
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5 | The provisions of this Section relating to the time when | ||||||
6 | the Collector
shall advertise intended application for | ||||||
7 | judgment for sale are subject to
modification by the governing | ||||||
8 | authority of a county in accordance with the
provisions of | ||||||
9 | subsection (c) of Section 21-40.
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10 | (Source: P.A. 97-557, eff. 7-1-12 .)
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11 | (35 ILCS 200/22-20)
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12 | Sec. 22-20. Proof of service of notice; publication of | ||||||
13 | notice. The sheriff or coroner serving notice under Section | ||||||
14 | 22-15 shall
endorse his or
her return thereon and file it with | ||||||
15 | the Clerk of the Circuit Court and it shall
be a part of the | ||||||
16 | court record. A private detective or a special process server | ||||||
17 | appointed under
Section
22-15 shall make his or her return by | ||||||
18 | affidavit and shall file it with the
Clerk of the Circuit | ||||||
19 | Court, where it shall be a part of the court record. If
a | ||||||
20 | sheriff, private detective, special process server, or coroner | ||||||
21 | to whom any notice is
delivered for service, neglects or | ||||||
22 | refuses to make the return, the purchaser or
his or her | ||||||
23 | assignee may petition the court to enter a rule requiring the
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24 | sheriff, private detective, special process server, or coroner | ||||||
25 | to make return of the notice on
a day to be fixed by the
court, |
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1 | or to show cause on that day why he or she should not be | ||||||
2 | attached for
contempt of the court. The purchaser or assignee | ||||||
3 | shall cause a written notice
of the rule to be served upon the | ||||||
4 | sheriff, private detective, special process server, or
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5 | coroner. If good and sufficient cause to excuse the sheriff, | ||||||
6 | private detective, special process
server, or coroner is not | ||||||
7 | shown, the court shall adjudge him or her guilty of
a contempt, | ||||||
8 | and shall proceed to punish him as in other cases of contempt.
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9 | If the property is located in a municipality in a county | ||||||
10 | with less than
3,000,000 inhabitants, the purchaser or his or | ||||||
11 | her assignee shall also publish
a notice as to the owner or | ||||||
12 | party interested, in some newspaper circulated published in
the | ||||||
13 | municipality. If the property is not in a municipality in a | ||||||
14 | county with
less than 3,000,000 inhabitants, or if no newspaper | ||||||
15 | is circulated published therein, or
if the property is in a | ||||||
16 | county with 3,000,000 or more inhabitants, the notice
shall be | ||||||
17 | published in some newspaper in the county. If the property is | ||||||
18 | located in a county with less than 3,000,000 inhabitants, if If | ||||||
19 | no newspaper is
circulated published in the county, then the | ||||||
20 | notice shall be published in the newspaper
that is circulated | ||||||
21 | published nearest the county seat of the county in which the | ||||||
22 | property
is located. If the property is located in a county | ||||||
23 | with more than 3,000,000 inhabitants, if no newspaper is | ||||||
24 | published in the county, then the notice shall be published in | ||||||
25 | the newspaper that is published nearest the county seat of the | ||||||
26 | county in which the property is located. If the owners and |
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1 | parties interested in the property upon diligent
inquiry are | ||||||
2 | unknown to the purchaser or his or her assignee, the | ||||||
3 | publication as
to such owner or party interested, may be made | ||||||
4 | to unknown owners or parties
interested. Any notice by | ||||||
5 | publication given under this Section shall be given
3 times at | ||||||
6 | any time after filing a petition for tax deed, but not less | ||||||
7 | than 3
months nor more than 6 months prior to the expiration of | ||||||
8 | the period of
redemption. The publication shall contain (a) | ||||||
9 | notice of the filing of the
petition for tax deed, (b) the date | ||||||
10 | on which the petitioner intends to make
application for an | ||||||
11 | order on the petition that a tax deed issue, (c) a
description | ||||||
12 | of 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 | ||||||
15 | publication shall not include
more than one property listed and | ||||||
16 | sold in one description, except as provided
in Section 21-90, | ||||||
17 | and except that when
more than one property is owned by one | ||||||
18 | person, all of the parcels owned by that
person may be included | ||||||
19 | in one notice.
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20 | The changes to this Section made by Public Act 95-477
apply | ||||||
21 | only to matters in which a petition for tax deed is filed on or | ||||||
22 | after 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, | ||||||
24 | eff. 8-21-08.)
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