Full Text of HB3439 95th General Assembly
HB3439 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3439
Introduced 2/27/2007, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
|
|
Amends the Illinois Municipal Code. Provides that a municipality with a population of more than 2,000,000 must provide notice of adjudicatory hearings by certified mail. Preempts the concurrent exercise of home rule powers.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
HB3439 |
|
LRB095 10130 HLH 30344 b |
|
| 1 |
| AN ACT concerning local government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 1-2.1-5 as follows: | 6 |
| (65 ILCS 5/1-2.1-5)
| 7 |
| Sec. 1-2.1-5. Administrative hearing proceedings.
| 8 |
| (a) Any ordinance establishing a system of administrative | 9 |
| adjudication,
pursuant to this Division, shall afford parties | 10 |
| due process of law, including
notice and opportunity for | 11 |
| hearing. Parties shall be served with process in a
manner | 12 |
| reasonably calculated to give them actual notice, including, as
| 13 |
| appropriate, personal service of process upon a party or its | 14 |
| employees or
agents;
service by mail at a party's address; or | 15 |
| notice that is posted upon the
property where the violation is | 16 |
| found when the party is the owner or manager of
the property.
| 17 |
| In municipalities with a population under 3,000,000, if the | 18 |
| notice requires the respondent to answer within
a
certain | 19 |
| amount of time, the municipality must
reply to the answer | 20 |
| within the same amount of time afforded to the
respondent.
| 21 |
| (b) Parties shall be given notice of an adjudicatory | 22 |
| hearing which includes
the type and nature of the code | 23 |
| violation to be adjudicated, the date and
location of the |
|
|
|
HB3439 |
- 2 - |
LRB095 10130 HLH 30344 b |
|
| 1 |
| adjudicatory hearing, the legal authority and jurisdiction
| 2 |
| under which the hearing is to be held, and the penalties for | 3 |
| failure to appear
at the hearing.
In a municipality with a | 4 |
| population of more than 2,000,000, notice of the hearing must | 5 |
| be sent by certified mail. A municipality with a population of | 6 |
| more than 2,000,000 may not provide notice of an adjudicatory | 7 |
| hearing in a manner that is inconsistent with this Section. | 8 |
| This Section is a limitation under subsection (i) of Section 6 | 9 |
| of Article VII of the Illinois Constitution on the concurrent | 10 |
| exercise by home rule units of powers and functions exercised | 11 |
| by the State.
| 12 |
| (c) Parties shall be provided with an opportunity for a | 13 |
| hearing during which
they may be represented by counsel, | 14 |
| present witnesses, and cross-examine
opposing witnesses. | 15 |
| Parties may request the hearing officer to issue subpoenas
to | 16 |
| direct the attendance and testimony of relevant witnesses and | 17 |
| the production
of relevant documents. Hearings shall be | 18 |
| scheduled with reasonable promptness,
provided that for | 19 |
| hearings scheduled in all non-emergency situations, if
| 20 |
| requested
by the defendant, the defendant shall have at least | 21 |
| 15
days after service of process to prepare for a hearing.
For | 22 |
| purposes of this subsection (c), "non-emergency situation" | 23 |
| means any
situation that does not reasonably constitute a | 24 |
| threat to the public
interest, safety, or welfare. If service | 25 |
| is provided by mail, the 15-day
period shall begin to run on | 26 |
| the day that the notice is deposited in the
mail.
|
|
|
|
HB3439 |
- 3 - |
LRB095 10130 HLH 30344 b |
|
| 1 |
| (Source: P.A. 94-616, eff. 1-1-06.)
|
|