Bill Status of SB 1291   103rd General Assembly


Short Description:  LIMITS-DEBT COLLECT-ST AGENCY

Senate Sponsors
Sen. Christopher Belt, Karina Villa-Doris Turner-Mike Simmons, Laura M. Murphy, Mary Edly-Allen and Adriane Johnson

House Sponsors
(Rep. Jay Hoffman-Nicholas K. Smith)


Last Action  View All Actions

DateChamber Action
  8/4/2023SenatePublic Act . . . . . . . . . 103-0485

Statutes Amended In Order of Appearance
30 ILCS 210/10.3 new
735 ILCS 5/13-205from Ch. 110, par. 13-205

Synopsis As Introduced
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.

Senate Committee Amendment No. 1
Provides that the 5-year limitation does not apply to taxes, fines, or fees.

Senate Floor Amendment No. 2
Adds reference to:
30 ILCS 210/10.4 new

Further amends the Illinois State Collection Act of 1986. Provides that when a State agency is attempting to collect outstanding health benefits premiums from a covered employee who was reinstated to employment status after a grievance resolution, the State agency shall provide the employee with a written notice and demand for payment of the premiums within 10 years of when the State agency's right to collect the premiums first accrued; otherwise, the State agency is barred from attempting to collect such premiums.

House Committee Amendment No. 2
Deletes reference to:
30 ILCS 210/10.3 new
735 ILCS 5/13-205
Adds reference to:
305 ILCS 5/12-12from Ch. 23, par. 12-12

Replaces everything after the enacting clause. Amends the Administration Article of the Illinois Public Aid Code. Provides that, in matters concerning the recovery of overpayments for benefits provided by the Department of Human Services, the Department shall send a recipient written notice and a demand for payment of any amount in overpaid benefits owed within 5 years after the Department's right to collect the overpayment first accrued. Requires the Department to issue such notice by certified mail to the recipient's last known mailing address. Provides that actions for the recovery of overpayments shall be commenced within 10 years after the date the notice was sent.

Actions 
DateChamber Action
  2/3/2023SenateFiled with Secretary by Sen. Christopher Belt
  2/3/2023SenateFirst Reading
  2/3/2023SenateReferred to Assignments
  2/14/2023SenateAssigned to Judiciary
  2/23/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Christopher Belt
  2/23/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/7/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/7/2023SenateSenate Committee Amendment No. 1 Adopted; Judiciary
  3/8/2023SenateDo Pass as Amended Judiciary; 006-001-000
  3/8/2023SenatePlaced on Calendar Order of 2nd Reading March 9, 2023
  3/9/2023SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Christopher Belt
  3/9/2023SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/21/2023SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  3/21/2023SenateAdded as Co-Sponsor Sen. Karina Villa
  3/22/2023SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-001-000
  3/22/2023SenateSecond Reading
  3/22/2023SenateSenate Floor Amendment No. 2 Adopted; Belt
  3/22/2023SenatePlaced on Calendar Order of 3rd Reading March 23, 2023
  3/23/2023SenateThird Reading - Passed; 056-000-000
  3/23/2023SenateAdded as Chief Co-Sponsor Sen. Doris Turner
  3/23/2023HouseArrived in House
  3/23/2023HouseChief House Sponsor Rep. Jay Hoffman
  3/23/2023SenateAdded as Chief Co-Sponsor Sen. Mike Simmons
  3/23/2023HouseFirst Reading
  3/23/2023HouseReferred to Rules Committee
  3/24/2023SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  4/11/2023HouseAssigned to Judiciary - Civil Committee
  4/17/2023HouseAdded Alternate Chief Co-Sponsor Rep. Nicholas K. Smith
  4/25/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
  4/25/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/28/2023HouseRule 19(a) / Re-referred to Rules Committee
  5/16/2023HouseCommittee/Final Action Deadline Extended-9(b) May 19, 2023
  5/16/2023HouseAssigned to Judiciary - Civil Committee
  5/16/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/16/2023HouseMotion Filed to Suspend Rule 21 Judiciary - Civil Committee; Rep. Kam Buckner
  5/16/2023HouseMotion to Suspend Rule 21 - Prevailed 075-040-000
  5/16/2023HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
  5/16/2023HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/16/2023HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  5/17/2023HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote
  5/17/2023HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 014-000-000
  5/17/2023HouseHouse Committee Amendment No. 1 Tabled
  5/17/2023HousePlaced on Calendar 2nd Reading - Short Debate
  5/17/2023HouseSecond Reading - Short Debate
  5/17/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  5/18/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/18/2023HouseThird Reading - Short Debate - Passed 114-000-000
  5/18/2023SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/18/2023SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 19, 2023
  5/18/2023SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Christopher Belt
  5/18/2023SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/19/2023SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to State Government
  5/19/2023SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  5/19/2023SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt State Government; 009-000-000
  5/24/2023SenateHouse Committee Amendment No. 2 Senate Concurs 054-001-000
  5/24/2023SenateSenate Concurs
  5/24/2023SenatePassed Both Houses
  5/24/2023SenateAdded as Co-Sponsor Sen. Adriane Johnson
  6/22/2023SenateSent to the Governor
  8/4/2023SenateGovernor Approved
  8/4/2023SenateEffective Date January 1, 2024
  8/4/2023SenatePublic Act . . . . . . . . . 103-0485

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