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Revenue Committee
Adopted in House Comm. on Mar 10, 2005
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09400HB0002ham001 |
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LRB094 03433 MKM 41546 a |
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| AMENDMENT TO HOUSE BILL 2
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| AMENDMENT NO. ______. Amend House Bill 2 by replacing |
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| everything after the enacting clause with the 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 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 (c) but on or before the |
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| expiration of the period of redemption; 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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| (b) If the court determines that, on or after the date that |
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| notice was received by the proper party under subsection (c) |
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| but on or before the expiration of the period of redemption: |
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| (i) waste was committed or suffered on the property; and (ii) |
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| the fair market value of the property was diminished, then 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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09400HB0002ham001 |
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LRB094 03433 MKM 41546 a |
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| amount of any delinquent taxes owed on the property and the |
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| amount of the diminishment of the fair market value of the |
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| property. These amounts 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. |
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| (c) If an interest in property is acquired by a county or |
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| municipality 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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| has acquired an interest in the property. The notice shall |
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| include the location of the property, the legal description or |
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| permanent index number of the property, the county or |
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| municipality that acquired an interest in the property, and |
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| that if waste is committed or suffered, each person whose acts |
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| or omissions caused the waste is jointly and severally liable |
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| to the county or municipality for the entire amount of any |
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| delinquent taxes owed on the property and the amount of the |
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| diminishment of the fair market value of the property. Within 5 |
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| business days after receipt of the notice, the clerk shall mail |
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| the notice to the party in whose name taxes were last assessed, |
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| as shown by the most recent tax collector's warrant books. |
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| Notice shall be deemed to have been received by the proper |
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| party within 2 business days after it is mailed to the proper |
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| party by the clerk. In addition, upon receipt of the notice, |
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| the proper party must promptly post copies of the notice |
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| throughout the premises. |
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| (d) The remedies provided under this Section are in |
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| addition to any remedies provided under Section 21-80.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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