99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2767

 

Introduced 2/17/2016, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-43035

    Amends the Counties Code. Provides that section concerning enforcement of judgments also applies to any tax or fee, or part of any tax or fee, unpaid after an administrative hearing are also a debt due and owing to the county (currently, only fines, other sanctions, or costs imposed in the administrative hearing).


LRB099 19302 AWJ 43694 b

 

 

A BILL FOR

 

SB2767LRB099 19302 AWJ 43694 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-43035 as follows:
 
6    (55 ILCS 5/5-43035)
7    Sec. 5-43035. Enforcement of judgment.
8    (a) Any tax, fee, fine, other sanction, or costs imposed,
9or part of any tax, fee, fine, other sanction, or costs
10imposed, remaining unpaid after the exhaustion of or the
11failure to exhaust judicial review procedures under the
12Illinois Administrative Review Law are a debt due and owing the
13county and may be collected in accordance with applicable law.
14    (b) After expiration of the period in which judicial review
15under the Illinois Administrative Review Law may be sought for
16a final determination of a code violation, unless stayed by a
17court of competent jurisdiction, the findings, decision, and
18order of the hearing officer may be enforced in the same manner
19as a judgment entered by a court of competent jurisdiction.
20    (c) In any case in which a defendant has failed to comply
21with a judgment ordering a defendant to correct a code
22violation or imposing any tax, fee, fine, or other sanction as
23a result of a code violation, any expenses incurred by a county

 

 

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1to enforce the judgment, including, but not limited to,
2attorney's fees, court costs, and costs related to property
3demolition or foreclosure, after they are fixed by a court of
4competent jurisdiction or a hearing officer, shall be a debt
5due and owing the county and may be collected in accordance
6with applicable law. Prior to any expenses being fixed by a
7hearing officer pursuant to this subsection (c), the county
8shall provide notice to the defendant that states that the
9defendant shall appear at a hearing before the administrative
10hearing officer to determine whether the defendant has failed
11to comply with the judgment. The notice shall set the date for
12the hearing, which shall not be less than 7 days after the date
13that notice is served. If notice is served by mail, the 7-day
14period shall begin to run on the date that the notice was
15deposited in the mail.
16    (c-5) A default in the payment of a tax, fee, fine, or
17penalty or any installment of a tax, fee, fine, or penalty may
18be collected by any means authorized for the collection of
19monetary judgments. The State's Attorney state's attorney of
20the county in which the tax, fee, fine, or penalty was imposed
21may retain attorneys and private collection agents for the
22purpose of collecting any default in payment of any tax, fee,
23fine, or penalty or installment of that tax, fee, fine, or
24penalty. Any fees or costs incurred by the county with respect
25to attorneys or private collection agents retained by the
26State's Attorney state's attorney under this Section shall be

 

 

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1charged to the offender.
2    (d) Upon being recorded in the manner required by Article
3XII of the Code of Civil Procedure or by the Uniform Commercial
4Code, a lien shall be imposed on the real estate or personal
5estate, or both, of the defendant in the amount of any debt due
6and owing the county under this Section. The lien may be
7enforced in the same manner as a judgment lien pursuant to a
8judgment of a court of competent jurisdiction.
9    (e) A hearing officer may set aside any judgment entered by
10default and set a new hearing date, upon a petition filed
11within 21 days after the issuance of the order of default, if
12the hearing officer determines that the petitioner's failure to
13appear at the hearing was for good cause or at any time if the
14petitioner establishes that the county did not provide proper
15service of process. If any judgment is set aside pursuant to
16this subsection (e), the hearing officer shall have authority
17to enter an order extinguishing any lien that has been recorded
18for any debt due and owing the county as a result of the
19vacated default judgment.
20(Source: P.A. 99-18, eff. 1-1-16.)