Bill Text: IL SB2767 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code. Provides that the 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 (rather than only fines, other sanctions, or costs imposed in the administrative hearing).

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2016-12-01 - Total Veto Stands [SB2767 Detail]

Download: Illinois-2015-SB2767-Enrolled.html

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SB2767 Enrolled LRB099 19302 AWJ 43694 b
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 tax, fee, fine, other sanction, or costs imposed,
or part of any 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 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 tax, fee, fine, or other sanction as
a result of a code violation, any expenses incurred by a county

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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 and may be collected in accordance
with applicable law. Prior to any expenses being fixed by a
hearing officer pursuant to this subsection (c), the county
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 tax, fee, fine, or
penalty or any installment of a 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 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 tax, fee,
fine, or penalty or installment of that tax, fee, fine, or
penalty. Any fees or costs incurred by the county with respect
to attorneys or private collection agents retained by the
State's Attorney state's attorney under this Section shall be

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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 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 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 as a result of the
vacated default judgment.
(Source: P.A. 99-18, eff. 1-1-16.)