Bill Status of HB0002  94th General Assembly


Short Description:  PROP TX-LIABILITY FOR WASTE

House Sponsors
Rep. William Davis - Lou Lang - Robin Kelly

Senate Sponsors
(Sen. M. Maggie Crotty)

Last Action
DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
35 ILCS 200/21-81 new


Synopsis As Introduced
Amends the Property Tax Code. Provides that if a county or municipality acquires certain property on which taxes are delinquent, the county or municipality may petition the circuit court to determine (i) that waste was committed or suffered on the property on or after the date the taxes on the property first became delinquent and (ii) the extent to which the waste diminished the fair market value of the property. Holds each person whose acts or omissions caused the waste jointly and severally liable for (i) the entire amount of the delinquency and (ii) damages based on the amount of the diminishment. Imposes criminal penalties for intentional waste of the property. Effective immediately.

House Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the Property Tax Code. Provides that if a county or municipality acquires an interest certain property, the county or municipality may petition the circuit court to determine (i) that waste was committed or suffered on the property on or after the date that notice was received by the proper party but on or before the expiration of the period of redemption; and (ii) the extent to which the fair market value of the property has been diminished by the waste. Holds each person whose acts or omissions caused the waste jointly and severally liable for the entire amount of any delinquency and the amount of the diminishment. Authorizes a county or municipality to deliver notice of its acquisition of an interest in the property to the county clerk to be mailed to the proper party. Sets forth the information to be included in the notice. Provides that notice is deemed to be received by the proper party within 2 business days after it is mailed by the clerk. Requires the proper party to promptly post copies of the notice throughout the premises. Effective immediately.

House Committee Amendment No. 2
Deletes everything after the enacting clause. Amends the Property Tax Code. Provides that if a county or municipality could acquire an interest certain property, the county or municipality may petition the circuit court to determine (i) that waste was committed or suffered on the property on or after the date that notice was received by the proper party but on or before the date the county or municipality acquires the property by deed; and (ii) the extent to which the fair market value of the property has been diminished by the waste. Holds each person whose acts or omissions caused the waste jointly and severally liable for the entire amount of the diminishment. Authorizes a county or municipality to deliver notice of its potential interest in the property to the county clerk to be mailed to the proper party. Sets forth the information to be included in the notice. Provides that notice is deemed to be received by the proper party within 3 business days after it is mailed by the clerk. Requires the proper party to promptly post copies of the notice throughout the premises and mail copies of the notice to all owners, occupants, and other interested. Provides that failure of the proper party to post and mail the notice shall be deemed suffering waste to be committed. Effective immediately.

Actions 
DateChamber Action
  12/3/2004HousePrefiled with Clerk by Rep. Robin Kelly
  1/12/2005HouseFirst Reading
  1/12/2005HouseReferred to Rules Committee
  1/26/2005HouseAssigned to Revenue Committee
  2/1/2005HouseAdded Chief Co-Sponsor Rep. Lou Lang
  3/10/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Revenue Committee
  3/10/2005HouseHouse Committee Amendment No. 1 Adopted in Revenue Committee; 003-000-000; Sub-committee
  3/10/2005HouseRemains in Revenue Committee
  3/10/2005HouseCommittee Deadline Extended-Rule 9(b) March 17, 2005
  3/16/2005HouseHouse Committee Amendment No. 2 Filed with Clerk by Revenue Committee
  3/16/2005HouseHouse Committee Amendment No. 2 Adopted in Revenue Committee; by Voice Vote
  3/16/2005HouseDo Pass as Amended / Short Debate Revenue Committee; 009-000-000
  3/16/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/12/2005HouseChief Sponsor Changed to Rep. William Davis
  4/13/2005HouseAdded Chief Co-Sponsor Rep. Robin Kelly
  4/14/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2005HouseThird Reading - Short Debate - Passed 116-000-000
  4/15/2005SenateArrive in Senate
  4/15/2005SenatePlaced on Calendar Order of First Reading April 19, 2005
  4/18/2005SenateChief Senate Sponsor Sen. M. Maggie Crotty
  4/19/2005SenateFirst Reading
  4/19/2005SenateReferred to Rules
  4/21/2005SenateAssigned to Revenue
  5/5/2005SenateDo Pass Revenue; 008-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  7/1/2005SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  1/9/2007HouseSession Sine Die