Full Text of HB3866 101st General Assembly
HB3866ham001 101ST GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/2/2020
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| 1 | | AMENDMENT TO HOUSE BILL 3866
| 2 | | AMENDMENT NO. ______. Amend House Bill 3866 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | adding Section 13-227 as follows: | 6 | | (735 ILCS 5/13-227 new) | 7 | | Sec. 13-227. Collection of debt by municipality. | 8 | | (a) A municipality, or its designee, seeking to collect a | 9 | | debt arising from a municipal violation, entered as a judgment | 10 | | by an administrative law court, circuit court, or other court | 11 | | from which no further appeal has been or could be taken, shall | 12 | | file an action to collect a debt arising from a violation of a | 13 | | municipal ordinance in accordance with Section. | 14 | | (b) An individual who accrued debt from a violation or | 15 | | judgment prior to a lawful filing under Chapter VIII or XIII of | 16 | | Title 11 of the United States Code, or during the pendency of |
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| 1 | | such bankruptcy proceedings, may only have those debts pursued | 2 | | by the municipality, or its designee, during the bankruptcy | 3 | | proceedings. | 4 | | (c) A municipality may file an action to collect tax debt | 5 | | arising from a municipal ordinance in accordance with the | 6 | | statutory taxing power. If no limit is established by law, the | 7 | | municipality shall file the action to collect the debt within | 8 | | 10 years of the final judgment. | 9 | | (d) A municipality may not file an action to collect the | 10 | | debt arising from a municipal ordinance as follows: | 11 | | (1) For vehicular moving violations or parking | 12 | | violations, more than 2 years after the final judgment is | 13 | | entered if no penalties or interest are sought. If | 14 | | penalties and interest are to accrue, then within 90 days | 15 | | of entry of the final judgment. | 16 | | (2) For service calls or utility debts, more than 2 | 17 | | years after the final judgment is entered if no penalties | 18 | | or interest are sought. If penalties and interest are to | 19 | | accrue, then within 90 days of entry of the final judgment. | 20 | | (3) For building and zoning code violations, no later | 21 | | than 2 years after the final judgment is entered. However, | 22 | | for any debt that is subject to a mechanics lien, the | 23 | | deadlines set forth in the Mechanics Lien Act apply. | 24 | | (4) For contractual obligations involving the | 25 | | municipality, no more than 4 years after the final judgment | 26 | | is entered if no penalties or interest are sought. If |
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| 1 | | penalties and interest are to accrue, then within 2 years | 2 | | of entry of the final judgment. | 3 | | (e) For any other action not set forth in this Section, the | 4 | | judgment debtor shall presumptively have an affirmative | 5 | | defense of laches for any debt collection efforts made by the | 6 | | municipality 4 years after a final judgment has been entered, | 7 | | and the burden shall be on the municipality to show a lack of | 8 | | prejudice to the judgment debtor prior to enforcement. | 9 | | (f) Nothing in this Section shall be construed to authorize | 10 | | any municipality, or its designee, to file a claim in violation | 11 | | of the Federal Fair Debt Collection Practices Act. | 12 | | (g) For an entity designated to act by the municipality | 13 | | seeking to collect on a debt, the municipality shall provide | 14 | | the entity a copy of this Section and proof that the entity has | 15 | | the right to seek collection on the debt. The entity seeking to | 16 | | collect the debt shall certify, under penalty of perjury, that | 17 | | it has the authority to seek to collect the debt. | 18 | | (h) A home rule unit may not regulate
the collection of | 19 | | debt arising from a municipal violation in a manner | 20 | | inconsistent with
the regulation by the State of the collection | 21 | | of debt arising from a municipal violation under this Section. | 22 | | This Section is a limitation under subsection
(i) of Section 6 | 23 | | of Article VII of the Illinois Constitution
on the concurrent | 24 | | exercise by home rule units of powers and
functions exercised | 25 | | by the State.
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2021.".
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