SB0751 100TH GENERAL ASSEMBLY

LRB100 07341 AWJ 17404 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0751

Introduced 2/1/2017, by Sen. Emil Jones, III

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-43035

Amends the Counties Code. In provisions regarding enforcement of judgments, fines, costs, penalties, or other sanctions that remain unpaid after exhaustion of, or failure to exhaust, judicial review, provides that taxes and fees may also be collected and that the taxes, fees, fines, costs, penalties, or other sanctions cannot be related to real property. Makes technical changes.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-43035 as follows:

(55 ILCS 5/5-43035)

Sec. 5-43035. Enforcement of judgment.

(a) Any non-real property tax, fee, fine, other sanction, or costs imposed, or part of any non-real property tax, fee, fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law are a debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, and may be collected in accordance with applicable law.

(b) After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(c) In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any non-real property tax, fee, fine, or other sanction as a result of a code violation, any expenses incurred by a county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, and the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for the hearing, which shall not be less than 7 days after the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail.

(c-5) A default in the payment of a non-real property tax, fee, fine, or penalty or any installment of a non-real property tax, fee, fine, or penalty may be collected by any means authorized for the collection of monetary judgments. The State's Attorney state's attorney of the county in which the non-real property tax, fee, fine, or penalty was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any non-real property tax, fee, fine, or penalty or installment of that non-real property tax, fee, fine, or penalty. Any fees or costs incurred by the county or participating unit of local government with respect to attorneys or private collection agents retained by the State's Attorney state's attorney under this Section shall be charged to the offender.

(d) Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

(e) A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, did not provide proper service of process. If any judgment is set aside pursuant to this subsection (e), the hearing officer shall have authority to enter an order extinguishing any lien that has been recorded for any debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, as a result of the vacated default judgment.

(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754, eff. 1-1-17; revised 9-21-16.)