Rep. La Shawn K. Ford

Filed: 3/2/2020

 

 


 

 


 
10100HB3866ham001LRB101 13096 LNS 70928 a

1
AMENDMENT TO HOUSE BILL 3866

2    AMENDMENT NO. ______. Amend House Bill 3866 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5adding 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
9debt arising from a municipal violation, entered as a judgment
10by an administrative law court, circuit court, or other court
11from which no further appeal has been or could be taken, shall
12file an action to collect a debt arising from a violation of a
13municipal ordinance in accordance with Section.
14    (b) An individual who accrued debt from a violation or
15judgment prior to a lawful filing under Chapter VIII or XIII of
16Title 11 of the United States Code, or during the pendency of

 

 

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1such bankruptcy proceedings, may only have those debts pursued
2by the municipality, or its designee, during the bankruptcy
3proceedings.
4    (c) A municipality may file an action to collect tax debt
5arising from a municipal ordinance in accordance with the
6statutory taxing power. If no limit is established by law, the
7municipality shall file the action to collect the debt within
810 years of the final judgment.
9    (d) A municipality may not file an action to collect the
10debt 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
4judgment debtor shall presumptively have an affirmative
5defense of laches for any debt collection efforts made by the
6municipality 4 years after a final judgment has been entered,
7and the burden shall be on the municipality to show a lack of
8prejudice to the judgment debtor prior to enforcement.
9    (f) Nothing in this Section shall be construed to authorize
10any municipality, or its designee, to file a claim in violation
11of the Federal Fair Debt Collection Practices Act.
12    (g) For an entity designated to act by the municipality
13seeking to collect on a debt, the municipality shall provide
14the entity a copy of this Section and proof that the entity has
15the right to seek collection on the debt. The entity seeking to
16collect the debt shall certify, under penalty of perjury, that
17it has the authority to seek to collect the debt.
18    (h) A home rule unit may not regulate the collection of
19debt arising from a municipal violation in a manner
20inconsistent with the regulation by the State of the collection
21of debt arising from a municipal violation under this Section.
22This Section is a limitation under subsection (i) of Section 6
23of Article VII of the Illinois Constitution on the concurrent
24exercise by home rule units of powers and functions exercised
25by the State.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2021.".