103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1291
 
Introduced 2/3/2023, by Sen. Christopher Belt
 
SYNOPSIS AS INTRODUCED:
 

 



30 ILCS 210/10.3 new
735 ILCS 5/13-205  from Ch. 110, par. 13-205

     Amends the Illinois State Collection Act of 1986. Provides that except in the case of fraud, if a State agency fails to provide a debtor with written notice and a demand for payment of any debt, accounts, or claims owed to the State agency with 5 years of when the State agency's right to collect the debt first accrued, then the State agency is barred from attempting to collect such debt, accounts, or claims owed to it by the debtor. Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that except in the case of fraud or where facts material to the State agency's right to collect the debt were not known nor could reasonably have been known by the State agency's official charged with the responsibility to discover and collect the debt, an action by a State agency may not be conducted more than 5 years after the State agency's right to collect the debt first accrued.
  


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A BILL FOR
 

  
SB1291LRB103 27559 LNS 53934 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois State Collection Act of 1986 is 
5amended  by adding Section 10.3 as follows:
 
6    (30 ILCS 210/10.3 new)
7    Sec. 10.3. Five-year limitation. Except in the case of 
8fraud, if a State agency fails to provide a debtor with written 
9notice and a demand for payment of any debt, accounts, or 
10claims owed to the State agency with 5 years of when the State 
11agency's right to collect the debt first accrued, then the 
12State agency is barred from attempting to collect such debt, 
13accounts, or claims owed to it by the debtor.
 
14    Section 10. The Code of Civil Procedure is amended  by 
15changing Section 13-205 as follows:
 



16    (735 ILCS 5/13-205)  (from Ch. 110, par. 13-205)



17    Sec. 13-205. Five year limitation. 
18    (a) Except as provided in Section 2-725
of the "Uniform

19Commercial Code", approved July 31, 1961, as amended, and 
20Section 11-13
of "The Illinois Public Aid Code", approved 
21April 11, 1967, as amended,
actions on unwritten contracts, 
 
 
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1expressed or implied, or on awards of
arbitration, or to 
2recover damages for an injury done to property, real
or 
3personal, or to recover the possession of personal property or

4damages for the detention or conversion thereof, and all civil 
5actions
not otherwise provided for, shall be commenced within 
65 years next after
the cause of action accrued.
7    (b) Except in the case of fraud or where facts material to 
8the State agency's right to collect the debt were not known nor 
9could reasonably have been known by the State agency's 
10official charged with the responsibility to discover and 
11collect the debt, an action by a State agency may not be 
12conducted more than 5 years after the State agency's right to 
13collect the debt first accrued. 

14(Source: P.A. 82-280.)