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Revenue Committee
Filed: 3/16/2005
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09400HB0002ham002 |
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LRB094 03433 MKM 43860 a |
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| AMENDMENT TO HOUSE BILL 2
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| AMENDMENT NO. ______. Amend House Bill 2, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Property Tax Code is amended by adding |
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| Section 21-81 as follows:
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| (35 ILCS 200/21-81 new)
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| Sec. 21-81. Liability for waste.
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| (a) If a county or municipality could acquire an interest |
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| in property by any method to which Section 21-95 applies, then |
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| the governing body of that county or municipality may deliver |
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| to the county clerk a notice that the county or municipality |
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| may acquire an interest in the property. The notice (i) shall |
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| include the location of the property and the legal description |
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| or permanent index number of the property and (ii) shall state |
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| that the county or municipality could acquire an interest in |
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| the property and that if waste is committed or suffered, each |
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| person whose acts or omissions caused the waste is jointly and |
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| severally liable to the county or municipality for the entire |
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| amount of the diminishment of the fair market value of the |
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| property. Within 5 business days after receipt of the notice, |
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| the clerk shall mail the notice to the party in whose name |
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| taxes were last assessed, as shown by the most recent tax |
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| collector's warrant books. Notice shall be deemed to have been |
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09400HB0002ham002 |
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LRB094 03433 MKM 43860 a |
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| received by the proper party within 3 business days after it is |
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| mailed to the proper party by the clerk. In addition, upon |
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| receipt of the notice, the proper party must promptly post |
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| copies of the notice throughout the premises and mail copies of |
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| the notice to all owners, occupants, and other interested |
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| persons; failure to do so shall be deemed suffering waste to be |
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| committed. |
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| (b) If a county or municipality acquires an interest in |
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| property by any method to which Section 21-95 applies, then |
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| that county or municipality may petition the circuit court for |
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| a determination of the following: |
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| (1) that waste was committed or suffered on the |
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| property on or after the date that a notice was received by |
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| the proper party under subsection (a) but on or before the |
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| date the county or municipality acquired title to the |
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| property by deed; and |
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| (2) the extent to which the fair market value of the |
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| property has been diminished by the waste. |
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| (c) If the court determines that, on or after the date that |
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| notice was received by the proper party under subsection (a) |
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| but on or before the date the county or municipality acquired |
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| title to the property by deed: (i) waste was committed or |
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| suffered on the property and (ii) the fair market value of the |
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| property was thereby diminished, then each person whose acts or |
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| omissions caused the waste is jointly and severally liable to |
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| the county or municipality for the entire amount of the |
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| diminishment of the fair market value of the property. If the |
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| property was acquired because taxes were delinquent on the |
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| property, the amount received by the county or municipality |
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| shall be distributed proportionally to each taxing district |
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| based upon the proportion of taxes owed to that taxing |
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| district. In addition, the county or municipality shall be |
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| awarded its costs and reasonable attorneys' fees and litigation |
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| expenses. |