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90_SB0574ccr001
LRB9002431NTsbccr1
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 574
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 574, recommend the following:
11 (1) that the Senate concur in House Amendment No. 1; and
12 (2) that Senate Bill 574 be further amended by replacing
13 everything after the enacting clause with the following:
14 "Section 5. The Illinois Municipal Code is amended by
15 adding Division 2.1 to Article 1 as follows:
16 (65 ILCS 5/Art.1 Div. 2.1 heading new)
17 DIVISION 2.1 ADMINISTRATIVE ADJUDICATIONS
18 (65 ILCS 5/1-2.1-1 new)
19 Sec. 1-2.1-1. Applicability. This Division 2.1 applies
20 only to municipalities that are home rule units.
21 (65 ILCS 5/1-2.1-2 new)
22 Sec. 1-2.1-2. Administrative adjudication of municipal
23 code violations. Any municipality may provide by ordinance
24 for a system of administrative adjudication of municipal code
25 violations to the extent permitted by the Illinois
26 Constitution. A "system of administrative adjudication"
27 means the adjudication of any violation of a municipal
28 ordinance, except for (i) proceedings not within the
29 statutory or the home rule authority of municipalities; and
30 (ii) any offense under the Illinois Vehicle Code or a similar
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1 offense that is a traffic regulation governing the movement
2 of vehicles and except for any reportable offense under
3 Section 6-204 of the Illinois Vehicle Code.
4 (65 ILCS 5/1-2.1-3 new)
5 Sec. 1-2.1-3. Administrative adjudication procedures not
6 exclusive. The adoption by a municipality of a system of
7 administrative adjudication does not preclude the
8 municipality from using other methods to enforce municipal
9 ordinances.
10 (65 ILCS 5/1-2.1-4 new)
11 Sec. 1-2.1-4. Code hearing units; powers of hearing
12 officers.
13 (a) An ordinance establishing a system of administrative
14 adjudication, pursuant to this Division, shall provide for a
15 code hearing unit within an existing agency or as a separate
16 agency in the municipal government. The ordinance shall
17 establish the jurisdiction of a code hearing unit that is
18 consistent with this Division. The "jurisdiction" of a code
19 hearing unit refers to the particular code violations that it
20 may adjudicate.
21 (b) Adjudicatory hearings shall be presided over by
22 hearing officers. The powers and duties of a hearing officer
23 shall include:
24 (1) hearing testimony and accepting evidence that
25 is relevant to the existence of the code violation;
26 (2) issuing subpoenas directing witnesses to appear
27 and give relevant testimony at the hearing, upon the
28 request of the parties or their representatives;
29 (3) preserving and authenticating the record of the
30 hearing and all exhibits and evidence introduced at the
31 hearing;
32 (4) issuing a determination, based on the evidence
33 presented at the hearing, of whether a code violation
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1 exists. The determination shall be in writing and shall
2 include a written finding of fact, decision, and order
3 including the fine, penalty, or action with which the
4 defendant must comply; and
5 (5) imposing penalties consistent with applicable
6 code provisions and assessing costs upon finding a party
7 liable for the charged violation, except, however, that
8 in no event shall the hearing officer have authority to
9 (i) impose a penalty of incarceration, or (ii) impose a
10 fine in excess of $50,000, or at the option of the
11 municipality, such other amount not to exceed the maximum
12 amount established by the Mandatory Arbitration System as
13 prescribed by the Rules of the Illinois Supreme Court
14 from time to time for the judicial circuit in which the
15 municipality is located. The maximum monetary fine under
16 this item (5), shall be exclusive of costs of enforcement
17 or costs imposed to secure compliance with the
18 municipality's ordinances and shall not be applicable to
19 cases to enforce the collection of any tax imposed and
20 collected by the municipality.
21 (c) Prior to conducting administrative adjudication
22 proceedings, administrative hearing officers shall have
23 successfully completed a formal training program which
24 includes the following:
25 (1) instruction on the rules of procedure of the
26 administrative hearings which they will conduct;
27 (2) orientation to each subject area of the code
28 violations that they will adjudicate;
29 (3) observation of administrative hearings; and
30 (4) participation in hypothetical cases, including
31 ruling on evidence and issuing final orders.
32 In addition, every administrative hearing officer must be
33 an attorney licensed to practice law in the State of Illinois
34 for at least 3 years.
35 (d) A proceeding before a code hearing unit shall be
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1 instituted upon the filing of a written pleading by an
2 authorized official of the municipality.
3 (65 ILCS 5/1-2.1-5 new)
4 Sec. 1-2.1-5. Administrative hearing proceedings.
5 (a) Any ordinance establishing a system of
6 administrative adjudication, pursuant to this Division, shall
7 afford parties due process of law, including notice and
8 opportunity for hearing. Parties shall be served with process
9 in a manner reasonably calculated to give them actual notice,
10 including, as appropriate, personal service of process upon a
11 party or its employees or agents; service by mail at a
12 party's address; or notice that is posted upon the property
13 where the violation is found when the party is the owner or
14 manager of the property.
15 (b) Parties shall be given notice of an adjudicatory
16 hearing which includes the type and nature of the code
17 violation to be adjudicated, the date and location of the
18 adjudicatory hearing, the legal authority and jurisdiction
19 under which the hearing is to be held, and the penalties for
20 failure to appear at the hearing.
21 (c) Parties shall be provided with an opportunity for a
22 hearing during which they may be represented by counsel,
23 present witnesses, and cross-examine opposing witnesses.
24 Parties may request the hearing officer to issue subpoenas to
25 direct the attendance and testimony of relevant witnesses and
26 the production of relevant documents. Hearings shall be
27 scheduled with reasonable promptness, provided that for
28 hearings scheduled in all non-emergency situations, if
29 requested by the defendant, the defendant shall have at least
30 15 days after service of process to prepare for a hearing.
31 For purposes of this subsection (c), "non-emergency
32 situation" means any situation that does not reasonably
33 constitute a threat to the public interest, safety, or
34 welfare. If service is provided by mail, the 15-day period
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1 shall begin to run on the day that the notice is deposited in
2 the mail.
3 (65 ILCS 5/1-2.1-6 new)
4 Sec. 1-2.1-6. Rules of evidence shall not govern. The
5 formal and technical rules of evidence do not apply in an
6 adjudicatory hearing permitted under this Division.
7 Evidence, including hearsay, may be admitted only if it is of
8 a type commonly relied upon by reasonably prudent persons in
9 the conduct of their affairs.
10 (65 ILCS 5/1-2.1-7 new)
11 Sec. 1-2.1-7. Judicial review. Any final decision by a
12 code hearing unit that a code violation does or does not
13 exist shall constitute a final determination for purposes of
14 judicial review and shall be subject to review under the
15 Illinois Administrative Review Law.
16 (65 ILCS 5/1-2.1-8 new)
17 Sec. 1-2.1-8. Enforcement of judgment.
18 (a) Any fine, other sanction, or costs imposed, or part
19 of any fine, other sanction, or costs imposed, remaining
20 unpaid after the exhaustion of or the failure to exhaust
21 judicial review procedures under the Illinois Administrative
22 Review Law are a debt due and owing the municipality and may
23 be collected in accordance with applicable law.
24 (b) After expiration of the period in which judicial
25 review under the Illinois Administrative Review Law may be
26 sought for a final determination of a code violation, unless
27 stayed by a court of competent jurisdiction, the findings,
28 decision, and order of the hearing officer may be enforced in
29 the same manner as a judgment entered by a court of competent
30 jurisdiction.
31 (c) In any case in which a defendant has failed to
32 comply with a judgment ordering a defendant to correct a code
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1 violation or imposing any fine or other sanction as a result
2 of a code violation, any expenses incurred by a municipality
3 to enforce the judgment, including, but not limited to,
4 attorney's fees, court costs, and costs related to property
5 demolition or foreclosure, after they are fixed by a court of
6 competent jurisdiction or a hearing officer, shall be a debt
7 due and owing the municipality and may be collected in
8 accordance with applicable law. Prior to any expenses being
9 fixed by a hearing officer pursuant to this subsection (c),
10 the municipality shall provide notice to the defendant that
11 states that the defendant shall appear at a hearing before
12 the administrative hearing officer to determine whether the
13 defendant has failed to comply with the judgment. The notice
14 shall set the date for such a hearing, which shall not be
15 less than 7 days from the date that notice is served. If
16 notice is served by mail, the 7-day period shall begin to run
17 on the date that the notice was deposited in the mail.
18 (d) Upon being recorded in the manner required by
19 Article XII of the Code of Civil Procedure or by the Uniform
20 Commercial Code, a lien shall be imposed on the real estate
21 or personal estate, or both, of the defendant in the amount
22 of any debt due and owing the municipality under this
23 Section. The lien may be enforced in the same manner as a
24 judgment lien pursuant to a judgment of a court of competent
25 jurisdiction.
26 (e) A hearing officer may set aside any judgment entered
27 by default and set a new hearing date, upon a petition filed
28 within 21 days after the issuance of the order of default, if
29 the hearing officer determines that the petitioner's failure
30 to appear at the hearing was for good cause or at any time if
31 the petitioner establishes that the municipality did not
32 provide proper service of process. If any judgment is set
33 aside pursuant to this subsection (e), the hearing officer
34 shall have authority to enter an order extinguishing any lien
35 which has been recorded for any debt due and owing the
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1 municipality as a result of the vacated default judgment.
2 (65 ILCS 5/1-2.1-9 new)
3 Sec. 1-2.1-9. Impact on existing administrative
4 adjudication systems. This Division shall not affect the
5 validity of systems of administrative adjudication that were
6 authorized by State law, including home rule authority, and
7 in existence prior to the effective date of this amendatory
8 Act of 1997.
9 (65 ILCS 5/1-2.1-10 new)
10 Sec. 1-2.1-10. Impact on home rule authority. This
11 Division shall not preempt municipalities from adopting other
12 systems of administrative adjudication pursuant to their home
13 rule powers.".
14 Submitted on , 1997.
15 ______________________________ _____________________________
16 Senator Hawkinson Representative Fritchey
17 ______________________________ _____________________________
18 Senator Dillard Representative Dart
19 ______________________________ _____________________________
20 Senator Petka Representative Currie
21 ______________________________ _____________________________
22 Senator Obama Representative Churchill
23 ______________________________ _____________________________
24 Senator Cullerton Representative Cross
25 Committee for the Senate Committee for the House