Sen. Randall M. Hultgren
Filed: 5/5/2009
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1 | AMENDMENT TO HOUSE BILL 621
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2 | AMENDMENT NO. ______. Amend House Bill 621 as follows: | ||||||
3 | on page 1, lines 4 and 5, by replacing "Section 105-15" with | ||||||
4 | "Sections 105-15 and 205-75"; and
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5 | on page 3, immediately below line 6, by inserting the | ||||||
6 | following:
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7 | "(60 ILCS 1/205-75)
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8 | Sec. 205-75. Liens; recovery of money due.
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9 | (a) Charges or rates established under this Article are | ||||||
10 | liens upon the real
estate upon or for which a system is | ||||||
11 | supplied. Liens do not attach to the real
estate until the | ||||||
12 | charges or rates have become delinquent as provided by an
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13 | ordinance fixing a delinquency date.
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14 | (b) Nothing in this Section shall be construed to give the | ||||||
15 | township board or
the township utility board a preference over |
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1 | the rights of any purchaser,
mortgagee, judgment creditor, or | ||||||
2 | other lien holder arising before the filing of
notice of the | ||||||
3 | lien in the office of the recorder of the county in which the
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4 | real estate is located or in the office of the registrar of | ||||||
5 | titles of the
county if the property is registered under the | ||||||
6 | Registered Titles (Torrens) Act.
The notice shall consist of a | ||||||
7 | sworn statement setting forth (i) a description
of the real | ||||||
8 | estate, sufficient for its identification, upon or for which | ||||||
9 | the
system was supplied, (ii) the amount or amounts of money | ||||||
10 | due for services of
the system, and (iii) the date or dates | ||||||
11 | when the amount or amounts became
delinquent.
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12 | (c) The township board or the township utility board may | ||||||
13 | foreclose the lien
in the same manner and with the same effect | ||||||
14 | as the foreclosure of mortgages on
real estate.
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15 | (d) The township board or the township utility board may | ||||||
16 | file an action in
the circuit court to recover money due for | ||||||
17 | services of a system, plus a
reasonable attorney's fee to be | ||||||
18 | fixed by the court. Whenever a judgment is
entered in a civil | ||||||
19 | action, the provisions of this Section with respect to
filing | ||||||
20 | sworn statements of delinquencies in the office of the recorder | ||||||
21 | and
creating a lien against the real estate are not effective | ||||||
22 | as to the charges
sued upon, and no lien exists thereafter | ||||||
23 | against the real estate for the
delinquency. A judgment in a | ||||||
24 | civil action operates as a release
and waiver of the lien upon | ||||||
25 | the real estate for the amount of judgement.
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26 | (e) The payment of delinquent charges for sewerage service |
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1 | to any premises may be enforced by discontinuing the water | ||||||
2 | service, the sewerage service, or both to the premises. A rate | ||||||
3 | or charge is delinquent if it is more than 30 days overdue. Any | ||||||
4 | public or municipal corporation or political subdivision of the | ||||||
5 | State furnishing water service to the premises (i) shall | ||||||
6 | discontinue that service upon receiving written notice from the | ||||||
7 | township board or the township utility board in which the | ||||||
8 | premises lies that payment of the rate or charge for sewerage | ||||||
9 | service to the premises has become delinquent and (ii) shall | ||||||
10 | not resume water service until it receives a similar notice | ||||||
11 | that the delinquency has been removed. The provider of sewerage | ||||||
12 | service shall not request discontinuation of water service | ||||||
13 | pursuant to this subsection before sending a notice of the | ||||||
14 | delinquency to the owner of record of the premises and | ||||||
15 | affording the owner an opportunity to be heard. During any such | ||||||
16 | hearing, the provider of sewerage service shall consider the | ||||||
17 | financial ability of the owner to make immediate full payment | ||||||
18 | and consider the establishment of a deferred payment plan to | ||||||
19 | recoup any delinquent charges. The township board or the | ||||||
20 | township utility board shall reimburse the public or municipal | ||||||
21 | corporation or political subdivision of the State for the | ||||||
22 | reasonable cost of discontinuing and reestablishing water | ||||||
23 | service to the premises. The township board or the township | ||||||
24 | utility board may contract with any privately owned public | ||||||
25 | utility for the discontinuance of water service to a premises | ||||||
26 | with respect to which the payment for a rate or charge for |
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1 | sewerage service has become delinquent. The township board or | ||||||
2 | township utility board shall reimburse the water service | ||||||
3 | provider for any lost water service revenues due to | ||||||
4 | discontinuing water service under this subsection, and shall | ||||||
5 | indemnify the water service provider for any judgment and | ||||||
6 | related attorney's fees resulting from an action based on any | ||||||
7 | provision of this subsection.
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8 | (Source: P.A. 84-794; 88-62.)".
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