Full Text of SB3284 99th General Assembly
SB3284enr 99TH GENERAL ASSEMBLY |
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| 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 Counties Code is amended by changing | 5 | | Sections 5-43010, 5-43015, 5-43020, 5-43025, 5-43035, 5-43040, | 6 | | and 5-43045 as follows: | 7 | | (55 ILCS 5/5-43010) | 8 | | Sec. 5-43010. Administrative adjudication of county code | 9 | | and ordinance violations ; definitions . | 10 | | (a) Any county may provide by ordinance for a system of | 11 | | administrative adjudication of county code violations to the | 12 | | extent permitted by the Illinois Constitution. | 13 | | (b) Any county may provide by ordinance for a system of | 14 | | administrative adjudication of violations of ordinances | 15 | | enacted by a participating unit of local government only where: | 16 | | (i) the unit of local government is engaging in governmental | 17 | | activities or providing services within the boundaries of the | 18 | | county; (ii) the unit of local government has no system of | 19 | | administrative adjudication; and (iii) the violation occurred | 20 | | within the boundaries of the county. | 21 | | (c) As used in this Division: | 22 | | "Participating unit of local government" means a unit of | 23 | | local government which has entered into an intergovernmental |
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| 1 | | agreement or contract with a county for the administrative | 2 | | adjudication of violations of its ordinances by the county | 3 | | pursuant to this Division. | 4 | | "System A "system of administrative adjudication" means | 5 | | the adjudication of any violation of a county ordinance or of a | 6 | | participating unit of local government's ordinance , except for | 7 | | (i) proceedings not within the statutory or the home rule | 8 | | authority of counties or a participating unit of local | 9 | | government ; and (ii) any offense under the Illinois Vehicle | 10 | | Code (or a similar offense that is a traffic regulation | 11 | | governing the movement of vehicles and except for any | 12 | | reportable offense under Section 6-204 of the Illinois Vehicle | 13 | | Code). | 14 | | "Unit of local government" has the meaning as defined in | 15 | | the Illinois Constitution of 1970 and also includes a | 16 | | not-for-profit corporation organized for the purpose of | 17 | | conducting public business including, but not limited to, the | 18 | | Northeast Illinois Regional Commuter Railroad Corporation.
| 19 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 20 | | (55 ILCS 5/5-43015) | 21 | | Sec. 5-43015. Administrative adjudication procedures not | 22 | | exclusive. The adoption by a county of a system of | 23 | | administrative adjudication does not preclude the county from | 24 | | using other methods to enforce county ordinances. An | 25 | | intergovernmental agreement or contract entered into between a |
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| 1 | | county and participating unit of local government under this | 2 | | Division does not preclude a participating unit of local | 3 | | government from using other methods to enforce its ordinances.
| 4 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 5 | | (55 ILCS 5/5-43020) | 6 | | Sec. 5-43020. Code hearing units; powers of hearing | 7 | | officers. | 8 | | (a) An ordinance establishing a system of administrative | 9 | | adjudication, pursuant to this Division, shall provide for a | 10 | | code hearing unit within an existing agency or as a separate | 11 | | agency in the county government. The ordinance shall establish | 12 | | the jurisdiction of a code hearing unit that is consistent with | 13 | | this Division. The "jurisdiction" of a code hearing unit refers | 14 | | to the particular code violations that it may adjudicate. | 15 | | (b) Adjudicatory hearings shall be presided over by hearing | 16 | | officers. The powers and duties of a hearing officer shall | 17 | | include: | 18 | | (1) hearing testimony and accepting evidence that is | 19 | | relevant to the existence of the code violation; | 20 | | (2) issuing subpoenas directing witnesses to appear | 21 | | and give relevant testimony at the hearing, upon the | 22 | | request of the parties or their representatives; | 23 | | (3) preserving and authenticating the record of the | 24 | | hearing and all exhibits and evidence introduced at the | 25 | | hearing; |
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| 1 | | (4) issuing a determination, based on the evidence | 2 | | presented at the hearing, of whether a code violation | 3 | | exists, which shall be in writing and shall include a | 4 | | written finding of fact, decision, and order including the | 5 | | fine, penalty, or action with which the defendant must | 6 | | comply; and | 7 | | (5) imposing penalties consistent with applicable code | 8 | | provisions and assessing costs upon finding a party liable | 9 | | for the charged violation, except, however, that in no | 10 | | event shall the hearing officer have authority to : (i) | 11 | | impose a penalty of incarceration ; or (ii) impose a fine in | 12 | | excess of $50,000, or at the option of the county for a | 13 | | fine imposed for a violation of a county ordinance or at | 14 | | the option of a participating unit of local government for | 15 | | a fine imposed for 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 or | 24 | | participating unit of local government's ordinances and | 25 | | shall not be applicable to cases to enforce the collection | 26 | | of any tax imposed and collected by the county or |
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| 1 | | participating unit of local government . | 2 | | (c) Prior to conducting administrative adjudication | 3 | | proceedings, administrative hearing officers shall have | 4 | | successfully completed a formal training program that includes | 5 | | the following: | 6 | | (1) instruction on the rules of procedure of the | 7 | | administrative hearings that they will conduct; | 8 | | (2) orientation to each subject area of the code | 9 | | violations that they will adjudicate; | 10 | | (3) observation of administrative hearings; and | 11 | | (4) participation in hypothetical cases, including | 12 | | ruling on evidence and issuing final orders. | 13 | | In addition, every administrative hearing officer must be | 14 | | an attorney licensed to practice law in the State of Illinois | 15 | | for at least 3 years. | 16 | | (d) A proceeding before a code hearing unit shall be | 17 | | instituted upon the filing of a written pleading by an | 18 | | authorized official of the county or participating unit of | 19 | | local government .
| 20 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 21 | | (55 ILCS 5/5-43025) | 22 | | Sec. 5-43025. Administrative hearing proceedings. | 23 | | (a) Any ordinance establishing a system of administrative | 24 | | adjudication, pursuant to this Division, shall afford parties | 25 | | due process of law, including notice and opportunity for |
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| 1 | | hearing. Parties shall be served with process in a manner | 2 | | reasonably calculated to give them actual notice, including, as | 3 | | appropriate, personal service of process upon a party or its | 4 | | employees or agents; service by mail at a party's address; or | 5 | | notice that is posted upon the property where the violation is | 6 | | found when the party is the owner or manager of the property. | 7 | | In counties with a population under 3,000,000, if the notice | 8 | | requires the respondent to answer within a certain amount of | 9 | | time, the county or participating unit of local government must | 10 | | reply to the answer within the same amount of time afforded to | 11 | | the respondent. | 12 | | (b) Parties shall be given notice of an adjudicatory | 13 | | hearing that includes the type and nature of the code violation | 14 | | to be adjudicated, the date and location of the adjudicatory | 15 | | hearing, the legal authority and jurisdiction under which the | 16 | | hearing is to be held, and the penalties for failure to appear | 17 | | at the hearing. | 18 | | (c) Parties shall be provided with an opportunity for a | 19 | | hearing during which they may be represented by counsel, | 20 | | present witnesses, and cross-examine opposing witnesses. | 21 | | Parties may request the hearing officer to issue subpoenas to | 22 | | direct the attendance and testimony of relevant witnesses and | 23 | | the production of relevant documents. Hearings shall be | 24 | | scheduled with reasonable promptness, except that for hearings | 25 | | scheduled in all non-emergency situations, if requested by the | 26 | | defendant, the defendant shall have at least 15 days after |
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| 1 | | service of process to prepare for a hearing. For purposes of | 2 | | this subsection (c), "non-emergency situation" means any | 3 | | situation that does not reasonably constitute a threat to the | 4 | | public interest, safety, or welfare. If service is provided by | 5 | | mail, the 15-day period shall begin to run on the day that the | 6 | | notice is deposited in the mail.
| 7 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 8 | | (55 ILCS 5/5-43035) | 9 | | Sec. 5-43035. Enforcement of judgment. | 10 | | (a) Any fine, other sanction, or costs imposed, or part of | 11 | | any fine, other sanction, or costs imposed, remaining unpaid | 12 | | after the exhaustion of or the failure to exhaust judicial | 13 | | review procedures under the Illinois Administrative Review Law | 14 | | are a debt due and owing the county for a violation of a county | 15 | | ordinance, or the participating unit of local government for a | 16 | | violation of a participating unit of local government's | 17 | | ordinance, and may be collected in accordance with applicable | 18 | | law. | 19 | | (b) After expiration of the period in which judicial review | 20 | | under the Illinois Administrative Review Law may be sought for | 21 | | a final determination of a code violation, unless stayed by a | 22 | | court of competent jurisdiction, the findings, decision, and | 23 | | order of the hearing officer may be enforced in the same manner | 24 | | as a judgment entered by a court of competent jurisdiction. | 25 | | (c) In any case in which a defendant has failed to comply |
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| 1 | | with a judgment ordering a defendant to correct a code | 2 | | violation or imposing any fine or other sanction as a result of | 3 | | a code violation, any expenses incurred by a county for a | 4 | | violation of a county ordinance, or the participating unit of | 5 | | local government for a violation of a participating unit of | 6 | | local government's ordinance, to enforce the judgment, | 7 | | including, but not limited to, attorney's fees, court costs, | 8 | | and costs related to property demolition or foreclosure, after | 9 | | they are fixed by a court of competent jurisdiction or a | 10 | | hearing officer, shall be a debt due and owing the county for a | 11 | | violation of a county ordinance, or the participating unit of | 12 | | local government for a violation of a participating unit of | 13 | | local government's ordinance, and may be collected in | 14 | | accordance with applicable law. Prior to any expenses being | 15 | | fixed by a hearing officer pursuant to this subsection (c), the | 16 | | county for a violation of a county ordinance, or the | 17 | | participating unit of local government for a violation of a | 18 | | participating unit of local government's ordinance, shall | 19 | | provide notice to the defendant that states that the defendant | 20 | | shall appear at a hearing before the administrative hearing | 21 | | officer to determine whether the defendant has failed to comply | 22 | | with the judgment. The notice shall set the date for the | 23 | | hearing, which shall not be less than 7 days after the date | 24 | | that notice is served. If notice is served by mail, the 7-day | 25 | | period shall begin to run on the date that the notice was | 26 | | deposited in the mail. |
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| 1 | | (c-5) A default in the payment of a fine or penalty or any | 2 | | installment of a fine or penalty may be collected by any means | 3 | | authorized for the collection of monetary judgments. The | 4 | | state's attorney of the county in which the fine or penalty was | 5 | | imposed may retain attorneys and private collection agents for | 6 | | the purpose of collecting any default in payment of any fine or | 7 | | penalty or installment of that fine or penalty. Any fees or | 8 | | costs incurred by the county or participating unit of local | 9 | | government with respect to attorneys or private collection | 10 | | agents retained by the state's attorney under this Section | 11 | | shall be charged to the offender. | 12 | | (d) Upon being recorded in the manner required by Article | 13 | | XII of the Code of Civil Procedure or by the Uniform Commercial | 14 | | Code, a lien shall be imposed on the real estate or personal | 15 | | estate, or both, of the defendant in the amount of any debt due | 16 | | and owing the county for a violation of a county ordinance, or | 17 | | the participating unit of local government for a violation of a | 18 | | participating unit of local government's ordinance, under this | 19 | | Section. The lien may be enforced in the same manner as a | 20 | | judgment lien pursuant to a judgment of a court of competent | 21 | | jurisdiction. | 22 | | (e) A hearing officer may set aside any judgment entered by | 23 | | default and set a new hearing date, upon a petition filed | 24 | | within 21 days after the issuance of the order of default, if | 25 | | the hearing officer determines that the petitioner's failure to | 26 | | appear at the hearing was for good cause or at any time if the |
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| 1 | | petitioner establishes that the county for a violation of a | 2 | | county ordinance, or the participating unit of local government | 3 | | for a violation of a participating unit of local government's | 4 | | ordinance, did not provide proper service of process. If any | 5 | | judgment is set aside pursuant to this subsection (e), the | 6 | | hearing officer shall have authority to enter an order | 7 | | extinguishing any lien that has been recorded for any debt due | 8 | | and owing the county for a violation of a county ordinance, or | 9 | | the participating unit of local government for a violation of a | 10 | | participating unit of local government's ordinance, as a result | 11 | | of the vacated default judgment.
| 12 | | (Source: P.A. 99-18, eff. 1-1-16 .) | 13 | | (55 ILCS 5/5-43040) | 14 | | Sec. 5-43040. Impact on existing administrative | 15 | | adjudication systems. This Division does not affect the | 16 | | validity of systems of administrative adjudication that were | 17 | | authorized by State law, including home rule authority, and in | 18 | | existence before July 29, 2010 ( the effective date of Public | 19 | | Act 96-1386) this amendatory Act of the 96th General Assembly .
| 20 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 21 | | (55 ILCS 5/5-43045) | 22 | | Sec. 5-43045. Impact on home rule authority. This Division | 23 | | does not preempt counties or participating units of local | 24 | | government from adopting other systems of administrative |
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| 1 | | adjudication pursuant to their home rule powers.
| 2 | | (Source: P.A. 96-1386, eff. 7-29-10.)
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