Sen. Randall M. Hultgren
Filed: 5/7/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 621




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    AMENDMENT NO. ______. Amend House Bill 621 as follows:
 
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on page 1, lines 4 and 5, by replacing "Section 105-15" with 
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"Sections 105-15 and 205-75"; and


 
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on page 3, immediately below line 6, by inserting the 
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following:
 



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    "(60 ILCS 1/205-75)



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    Sec. 205-75. Liens; recovery of money due. 

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    (a) Charges or rates established under this Article are 
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liens upon the real
estate upon or for which a system is 
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supplied.  Liens do not attach to the real
estate until the 
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charges or rates have become delinquent as provided by an

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ordinance fixing a delinquency date.  

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    (b) Nothing in this Section shall be construed to give the 
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township board or
the township utility board a preference over 
 


 






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the rights of any purchaser,
mortgagee, judgment creditor, or 
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other lien holder arising before the filing of
notice of the 
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lien in the office of the recorder of the county in which the

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real estate is located or in the office of the registrar of 
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titles of the
county if the property is registered under the 
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Registered Titles (Torrens) Act.
The notice shall consist of a 
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sworn statement setting forth (i) a description
of the real 
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estate, sufficient for its identification, upon or for which 
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the
system was supplied, (ii) the amount or amounts of money 
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due for services of
the system, and (iii) the date or dates 
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when the amount or amounts became
delinquent.

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    (c) The township board or the township utility board may 
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foreclose the lien
in the same manner and with the same effect 
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as the foreclosure of mortgages on
real estate.

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    (d) The township board or the township utility board may 
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file an action in
the circuit court to recover money due for 
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services of a system, plus a
reasonable attorney's fee to be 
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fixed by the court.  Whenever a judgment is
entered in a civil 
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action, the provisions of this Section with respect to
filing 
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sworn statements of delinquencies in the office of the recorder 
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and
creating a lien against the real estate are not effective 
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as to the charges
sued upon, and no lien exists thereafter 
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against the real estate for the
delinquency.  A judgment in a 
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civil action operates as a release
and waiver of the lien upon 
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the real estate for the amount of judgement.

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    (e) The payment of delinquent charges for sewerage service 
 


 






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to any premises may be enforced by discontinuing the water 
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service, the sewerage service, or both to the premises.  A rate 
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or charge is delinquent if it is more than 30 days overdue.  Any 
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public or municipal corporation or political subdivision of the 
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State furnishing water service to the premises (i) shall 
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discontinue that service upon receiving written notice from the 
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township board or the township utility board in which the 
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premises lies that payment of the rate or charge for sewerage 
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service to the premises has become delinquent and (ii) shall 
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not resume water service until it receives a similar notice 
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that the delinquency has been removed.  The provider of sewerage 
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service shall not request discontinuation of water service 
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pursuant to this subsection before sending a notice of the  
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delinquency to the sewer user and affording the user an 
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opportunity to be heard.  During any such hearing, the provider 
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of sewerage service shall consider the financial ability of the 
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user to make immediate full payment and consider the 
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establishment of a deferred payment plan to recoup any 
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delinquent charges. The township board or the township utility 
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board shall reimburse the public or municipal corporation or 
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political subdivision of the State for the reasonable cost of 
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discontinuing and reestablishing  water service to the 
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premises.  The township board or the township utility board may 
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contract with any privately owned public utility for the 
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discontinuance of water service to a premises with respect to 
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which the payment for a rate or charge for sewerage service has 
 


 






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become delinquent.  The township board or township utility board 
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shall reimburse the water service provider for any lost water 
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service revenues due to discontinuing water service under this 
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subsection, and shall indemnify the water service provider for 
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any judgment and related attorney's fees resulting from an 
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action based on any provision of this subsection.

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(Source: P.A. 84-794; 88-62.)".