Sen. Randall M. Hultgren
Filed: 5/7/2009
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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 sewer user and affording the user an | ||||||
| 15 | opportunity to be heard. During any such hearing, the provider | ||||||
| 16 | of sewerage service shall consider the financial ability of the | ||||||
| 17 | user to make immediate full payment and consider the | ||||||
| 18 | establishment of a deferred payment plan to recoup any | ||||||
| 19 | delinquent charges. The township board or the township utility | ||||||
| 20 | board shall reimburse the public or municipal corporation or | ||||||
| 21 | political subdivision of the State for the reasonable cost of | ||||||
| 22 | discontinuing and reestablishing water service to the | ||||||
| 23 | premises. The township board or the township utility board may | ||||||
| 24 | contract with any privately owned public utility for the | ||||||
| 25 | discontinuance of water service to a premises with respect to | ||||||
| 26 | which the payment for a rate or charge for sewerage service has | ||||||
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| 1 | become delinquent. The township board or township utility board | ||||||
| 2 | shall reimburse the water service provider for any lost water | ||||||
| 3 | service revenues due to discontinuing water service under this | ||||||
| 4 | subsection, and shall indemnify the water service provider for | ||||||
| 5 | any judgment and related attorney's fees resulting from an | ||||||
| 6 | action based on any provision of this subsection.
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| 7 | (Source: P.A. 84-794; 88-62.)".
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