Sen. Emil Jones, III

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 377

2    AMENDMENT NO. ______. Amend Senate Bill 377 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 5-43010, 5-43015, 5-43020, 5-43035, and 5-43045 as
6follows:
 
7    (55 ILCS 5/5-43010)
8    Sec. 5-43010. Administrative adjudication of county code
9violations; definitions.
10    (a) Any county may provide by ordinance for a system of
11administrative adjudication of county code violations to the
12extent permitted by the Illinois Constitution.
13    (b) Any county may provide by ordinance for a system of
14administrative adjudication of violations of ordinances
15enacted by a unit of local government where (i) the county and
16the unit of local government have entered into an

 

 

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1intergovernmental agreement that provides for administrative
2adjudication of violations of the unit of local government's
3ordinances by an agency in the county government, and (ii) the
4violation occurred within the boundaries of the county.
5    (c) "Participating unit of local government" means a unit
6of local government that has entered into an intergovernmental
7agreement with a county under this Division for the
8administrative adjudication of violations of its ordinances by
9an agency of the county government.
10    (d) "System A "system of administrative adjudication"
11means the adjudication of any violation of an a county
12ordinance, except for (i) proceedings not within the statutory
13or the home rule authority of counties or the participating
14unit of local government; and (ii) any offense under the
15Illinois Vehicle Code (or a similar offense that is a traffic
16regulation governing the movement of vehicles and except for
17any reportable offense under Section 6-204 of the Illinois
18Vehicle Code).
19    (e) "Unit of local government" has the meaning provided in
20Section 1 of Article VII of the Illinois Constitution.
21(Source: P.A. 96-1386, eff. 7-29-10.)
 
22    (55 ILCS 5/5-43015)
23    Sec. 5-43015. Administrative adjudication procedures not
24exclusive. The adoption by a county of a system of
25administrative adjudication does not preclude the county from

 

 

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1using other methods to enforce county ordinances. An
2intergovernmental agreement entered into under this Division
3does not preclude a participating unit of local government from
4using other methods to enforce its ordinances.
5(Source: P.A. 96-1386, eff. 7-29-10.)
 
6    (55 ILCS 5/5-43020)
7    Sec. 5-43020. Code hearing units; powers of hearing
8officers.
9    (a) An ordinance establishing a system of administrative
10adjudication, pursuant to this Division, shall provide for a
11code hearing unit within an existing agency or as a separate
12agency in the county government. The ordinance shall establish
13the jurisdiction of a code hearing unit that is consistent with
14this Division. The "jurisdiction" of a code hearing unit refers
15to the particular code violations that it may adjudicate.
16    (b) Adjudicatory hearings shall be presided over by hearing
17officers. The powers and duties of a hearing officer shall
18include:
19        (1) hearing testimony and accepting evidence that is
20    relevant to the existence of the code violation;
21        (2) issuing subpoenas directing witnesses to appear
22    and give relevant testimony at the hearing, upon the
23    request of the parties or their representatives;
24        (3) preserving and authenticating the record of the
25    hearing and all exhibits and evidence introduced at the

 

 

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1    hearing;
2        (4) issuing a determination, based on the evidence
3    presented at the hearing, of whether a code violation
4    exists, which shall be in writing and shall include a
5    written finding of fact, decision, and order including the
6    fine, penalty, or action with which the defendant must
7    comply; and
8        (5) imposing penalties consistent with applicable code
9    provisions and assessing costs upon finding a party liable
10    for the charged violation, except, however, that in no
11    event shall the hearing officer have authority to (i)
12    impose a penalty of incarceration or (ii) impose a fine in
13    excess of $50,000, or at the option of the county or the
14    participating unit of local government where the fine is
15    imposed for a violation of an ordinance of the
16    participating unit of local government, such other amount
17    not to exceed the maximum amount established by the
18    Mandatory Arbitration System as prescribed by the Rules of
19    the Illinois Supreme Court from time to time for the
20    judicial circuit in which the county is located. The
21    maximum monetary fine under this item (5), shall be
22    exclusive of costs of enforcement or costs imposed to
23    secure compliance with the county's ordinances and shall
24    not be applicable to cases to enforce the collection of any
25    tax imposed and collected by the county.
26    (c) Prior to conducting administrative adjudication

 

 

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1proceedings, administrative hearing officers shall have
2successfully completed a formal training program that includes
3the following:
4        (1) instruction on the rules of procedure of the
5    administrative hearings that they will conduct;
6        (2) orientation to each subject area of the code
7    violations that they will adjudicate;
8        (3) observation of administrative hearings; and
9        (4) participation in hypothetical cases, including
10    ruling on evidence and issuing final orders.
11    In addition, every administrative hearing officer must be
12an attorney licensed to practice law in the State of Illinois
13for at least 3 years.
14    (d) A proceeding before a code hearing unit shall be
15instituted upon the filing of a written pleading by an
16authorized official of the county or participating unit of
17local government.
18(Source: P.A. 96-1386, eff. 7-29-10.)
 
19    (55 ILCS 5/5-43035)
20    Sec. 5-43035. Enforcement of judgment.
21    (a) Any fine, other sanction, or costs imposed, or part of
22any fine, other sanction, or costs imposed, remaining unpaid
23after the exhaustion of or the failure to exhaust judicial
24review procedures under the Illinois Administrative Review Law
25are a debt due and owing the county or the participating unit

 

 

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1of local government where the fine is imposed for a violation
2of an ordinance of the participating unit of local government
3and may be collected in accordance with applicable law.
4    (b) After expiration of the period in which judicial review
5under the Illinois Administrative Review Law may be sought for
6a final determination of a code violation, unless stayed by a
7court of competent jurisdiction, the findings, decision, and
8order of the hearing officer may be enforced in the same manner
9as a judgment entered by a court of competent jurisdiction.
10    (c) In any case in which a defendant has failed to comply
11with a judgment ordering a defendant to correct a code
12violation or imposing any fine or other sanction as a result of
13a code violation, any expenses incurred by a county or the
14participating unit of local government where the fine is
15imposed for a violation of an ordinance of the participating
16unit of local government to enforce the judgment, including,
17but not limited to, attorney's fees, court costs, and costs
18related to property demolition or foreclosure, after they are
19fixed by a court of competent jurisdiction or a hearing
20officer, shall be a debt due and owing the county or the
21participating unit of local government where the fine is
22imposed for a violation of an ordinance of the participating
23unit of local government and may be collected in accordance
24with applicable law. Prior to any expenses being fixed by a
25hearing officer pursuant to this subsection (c), the county or
26the participating unit of local government where the fine is

 

 

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1imposed for a violation of an ordinance of the participating
2unit of local government shall provide notice to the defendant
3that states that the defendant shall appear at a hearing before
4the administrative hearing officer to determine whether the
5defendant has failed to comply with the judgment. The notice
6shall set the date for the hearing, which shall not be less
7than 7 days after the date that notice is served. If notice is
8served by mail, the 7-day period shall begin to run on the date
9that the notice was deposited in the mail.
10    (d) Upon being recorded in the manner required by Article
11XII of the Code of Civil Procedure or by the Uniform Commercial
12Code, a lien shall be imposed on the real estate or personal
13estate, or both, of the defendant in the amount of any debt due
14and owing the county or the participating unit of local
15government where the fine is imposed for a violation of an
16ordinance of the participating unit of local government under
17this Section. The lien may be enforced in the same manner as a
18judgment lien pursuant to a judgment of a court of competent
19jurisdiction.
20    (e) A hearing officer may set aside any judgment entered by
21default and set a new hearing date, upon a petition filed
22within 21 days after the issuance of the order of default, if
23the hearing officer determines that the petitioner's failure to
24appear at the hearing was for good cause or at any time if the
25petitioner establishes that the county or the participating
26unit of local government where the fine is imposed for a

 

 

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1violation of an ordinance of the participating unit of local
2government did not provide proper service of process. If any
3judgment is set aside pursuant to this subsection (e), the
4hearing officer shall have authority to enter an order
5extinguishing any lien that has been recorded for any debt due
6and owing the county or the participating unit of local
7government where the fine is imposed for a violation of an
8ordinance of the participating unit of local government as a
9result of the vacated default judgment.
10(Source: P.A. 96-1386, eff. 7-29-10.)
 
11    (55 ILCS 5/5-43045)
12    Sec. 5-43045. Impact on home rule authority. This Division
13does not preempt counties or participating units of local
14government from adopting other systems of administrative
15adjudication pursuant to their home rule powers (if any).
16(Source: P.A. 96-1386, eff. 7-29-10.)".