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90_SB0596ccr001
LRB9003274DJksccr
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 596
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
10 Amendments Nos. 1, 2, and 3 to Senate Bill 596, recommend the
11 following:
12 (1) that the Senate concur in House Amendment No. 1; and
13 (2) that the House recede from House Amendments Nos. 2
14 and 3; and
15 (3) that Senate Bill 596, AS AMENDED, be further amended
16 by replacing the title with the following:
17 "AN ACT concerning local government, amending named
18 Acts."; and
19 below the enacting clause, by inserting the following:
20 "Section 2. The Open Meetings Act is amended by changing
21 Section 1.02 as follows:
22 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
23 Sec. 1.02. For the purposes of this Act:
24 "Meeting" means any gathering of a majority of a quorum
25 of the members of a public body held for the purpose of
26 discussing public business.
27 "Public body" includes all legislative, executive,
28 administrative or advisory bodies of the state, counties,
29 townships, cities, villages, incorporated towns, school
30 districts and all other municipal corporations, boards,
31 bureaus, committees or commissions of this State, and any
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1 subsidiary bodies of any of the foregoing including but not
2 limited to committees and subcommittees which are supported
3 in whole or in part by tax revenue, or which expend tax
4 revenue, except the General Assembly and committees or
5 commissions thereof. "Public body" includes tourism boards
6 and convention or civic center boards located in counties
7 that are contiguous to the Mississippi River with populations
8 of more than 250,000 but less than 300,000. "Public body"
9 does not include a child death review team established under
10 the Child Death Review Team Act.
11 (Source: P.A. 88-614, eff. 9-7-94.)
12 Section 3. The Public Building Commission Act is
13 amended by changing Section 22.1 as follows:
14 (50 ILCS 20/22.1) (from Ch. 85, par. 1052.1)
15 Sec. 22.1. (a) Any Public Building Commission which has
16 not issued any bonds, and has no indebtedness, and has no
17 operational leases may be dissolved upon the filing, by the
18 presiding officer of the municipality, county seat or county
19 board which organized such Commission, in the office of the
20 recorder a copy of a resolution adopted by the governing body
21 of such municipality, county seat or county board approving
22 such dissolution.
23 (b) Any Public Building Commission which has fulfilled
24 the purpose for which it was created, and all bonds issued by
25 it and all of its contractual obligations except personnel
26 contracts have been paid, may be dissolved, upon the filing
27 by the presiding officer of the municipality, county seat or
28 county board which organized such Commission, in the office
29 of the recorder, a copy of a resolution adopted by the
30 governing body of such municipality, county seat or county
31 board approving such dissolution. Upon the dissolution of
32 such Commission pursuant to this subsection, the Treasurer of
33 the Commission shall cause all remaining funds under his
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1 control to be transferred to the Treasurer of the
2 municipality, county seat or county which organized the
3 Commission.
4 (Source: P.A. 83-358.)"; and
5 in the introductory clause of Section 5, after "amended", by
6 inserting "by changing Sections 5-1022 and 5-1121,"; and
7 in the introductory clause of Section 5, by replacing
8 "Section 5-1052.5" with "Sections 5-1052.5 and 5-1124,"; and
9 in Section 5, by replacing all of Sec. 5-1052.5 with the
10 following:
11 "(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
12 Sec. 5-1022. Competitive bids.
13 (a) Any purchase by a county with fewer than 2,000,000
14 inhabitants of services, materials, equipment or supplies in
15 excess of $10,000, other than professional services, shall be
16 contracted for in one of the following ways:
17 (1) by a contract let to the lowest responsible
18 bidder after advertising for bids in a newspaper
19 published within the county or, if no newspaper is
20 published within the county, then a newspaper having
21 general circulation within the county; or
22 (2) by a contract let without advertising for bids
23 in the case of an emergency if authorized by the county
24 board.
25 (b) In determining the lowest responsible bidder, the
26 county board shall take into consideration the qualities of
27 the articles supplied; their conformity with the
28 specifications; their suitability to the requirements of the
29 county, availability of support services; uniqueness of the
30 service, materials, equipment, or supplies as it applies to
31 networked, integrated computer systems; compatibility to
32 existing equipment; and the delivery terms. The county board
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1 also may take into consideration whether a bidder is a
2 private enterprise or a State-controlled enterprise and,
3 notwithstanding any other provision of this Section or a
4 lower bid by a State-controlled enterprise, may let a
5 contract to the lowest responsible bidder that is a private
6 enterprise.
7 (c) This Section does not apply to contracts by a county
8 with the federal government or to purchases of used
9 equipment, purchases at auction or similar transactions which
10 by their very nature are not suitable to competitive bids,
11 pursuant to an ordinance adopted by the county board.
12 (d) Notwithstanding the provisions of this Section, a
13 county may let without advertising for bids in the case of
14 purchases and contracts, when individual orders do not exceed
15 $25,000, for the use, purchase, delivery, movement, or
16 installation of data processing equipment, software, or
17 services and telecommunications and inter-connect equipment,
18 software, and services.
19 (Source: P.A. 87-1208; 88-150.)
20 (55 ILCS 5/5-1052.5 new)
21 Sec. 5-1052.5. Contracts to care for vacant residential
22 real estate.
23 (a) A person, except for the servicer of a mortgage loan
24 acting in that capacity, who contracts with the federal
25 government or any of its agencies, including, without
26 limitation, the Department of Housing and Urban Development,
27 to care for vacant residential real estate is responsible for
28 maintaining the property to prevent and correct health and
29 sanitation code violations.
30 (b) A person who violates this Section is subject to the
31 findings, decision, and order of a hearing officer as
32 provided in Division 5-41.
33 (c) A person who intentionally violates this Section is
34 guilty of a business offense and shall be fined not less than
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1 $500 and not more than $1,000.
2 (55 ILCS 5/5-1121)
3 Sec. 5-1121. Demolition, repair, or enclosure.
4 (a) The county board of each county may upon a formal
5 request by the city, village or incorporated town demolish,
6 repair, or enclose or cause the demolition, repair, or
7 enclosure of dangerous and unsafe buildings or uncompleted
8 and abandoned buildings within the territory of the county,
9 but outside not within the territory of any municipality, and
10 may remove or cause the removal of garbage, debris, and other
11 hazardous, noxious, or unhealthy substances or materials from
12 those buildings. In any county having adopted, by referendum
13 or otherwise, a county health department as provided by
14 Division 5-25 of the Counties Code or its predecessor, the
15 county board of any such county may upon a formal request by
16 the city, village, or incorporated town demolish, repair or
17 cause the demolition or repair of dangerous and unsafe
18 buildings or uncompleted and abandoned buildings within the
19 territory of any city, village, or incorporated town having a
20 population of less than 50,000.
21 The county board shall apply to the circuit court of the
22 county in which the building is located (i) for an order
23 authorizing action to be taken with respect to a building if
24 the owner or owners of the building, including the lien
25 holders of record, after at least 15 days' written notice by
26 mail to do so, have failed to commence proceedings to put the
27 building in a safe condition or to demolish it or (ii) for an
28 order requiring the owner or owners of record to demolish,
29 repair, or enclose the building or to remove garbage, debris,
30 and other hazardous, noxious, or unhealthy substances or
31 materials from the building. It is not a defense to the
32 cause of action that the building is boarded up or otherwise
33 enclosed, although the court may order the defendant to have
34 the building boarded up or otherwise enclosed. Where, upon
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1 diligent search, the identity or whereabouts of the owner or
2 owners of the building, including the lien holders of record,
3 is not ascertainable, notice mailed to the person or persons
4 in whose name the real estate was last assessed and the
5 posting of such notice upon the premises sought to be
6 demolished or repaired is sufficient notice under this
7 Section.
8 The hearing upon the application to the circuit court
9 shall be expedited by the court and shall be given precedence
10 over all other suits.
11 The cost of the demolition, repair, enclosure, or removal
12 incurred by the county, by an intervenor, or by a lien holder
13 of record, including court costs, attorney's fees, and other
14 costs related to the enforcement of this Section, is
15 recoverable from the owner or owners of the real estate or
16 the previous owner or both if the property was transferred
17 during the 15 day notice period and is a lien on the real
18 estate; the lien is superior to all prior existing liens and
19 encumbrances, except taxes, if, within 180 days after the
20 repair, demolition, enclosure, or removal, the county, the
21 lien holder of record, or the intervenor who incurred the
22 cost and expense shall file a notice of lien for the cost and
23 expense incurred in the office of the recorder in the county
24 in which the real estate is located or in the office of the
25 registrar of titles of the county if the real estate affected
26 is registered under the Registered Titles (Torrens) Act.
27 The notice must consist of a sworn statement setting out
28 (1) a description of the real estate sufficient for its
29 identification, (2) the amount of money representing the cost
30 and expense incurred, and (3) the date or dates when the cost
31 and expense was incurred by the county, the lien holder of
32 record, or the intervenor. Upon payment of the cost and
33 expense by the owner of or persons interested in the property
34 after the notice of lien has been filed, the lien shall be
35 released by the county, the person in whose name the lien has
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1 been filed, or the assignee of the lien, and the release may
2 be filed of record as in the case of filing notice of lien.
3 Unless the lien is enforced under subsection (b), the lien
4 may be enforced by foreclosure proceedings as in the case of
5 mortgage foreclosures under Article XV of the Code of Civil
6 Procedure or mechanics' lien foreclosures. An action to
7 foreclose this lien may be commenced at any time after the
8 date of filing of the notice of lien. The costs of
9 foreclosure incurred by the county, including court costs,
10 reasonable attorney's fees, advances to preserve the
11 property, and other costs related to the enforcement of this
12 subsection, plus statutory interest, are a lien on the real
13 estate and are recoverable by the county from the owner or
14 owners of the real estate.
15 All liens arising under this subsection (a) shall be
16 assignable. The assignee of the lien shall have the same
17 power to enforce the lien as the assigning party, except that
18 the lien may not be enforced under subsection (b).
19 If the appropriate official of any county determines that
20 any dangerous and unsafe building or uncompleted and
21 abandoned building within its territory fulfills the
22 requirements for an action by the county under the Abandoned
23 Housing Rehabilitation Act, the county may petition under
24 that Act in a proceeding brought under this subsection.
25 (b) In any case where a county has obtained a lien under
26 subsection (a), the county may enforce the lien under this
27 subsection (b) in the same proceeding in which the lien is
28 authorized.
29 A county desiring to enforce a lien under this subsection
30 (b) shall petition the court to retain jurisdiction for
31 foreclosure proceedings under this subsection. Notice of the
32 petition shall be served, by certified or registered mail, on
33 all persons who were served notice under subsection (a). The
34 court shall conduct a hearing on the petition not less than
35 15 days after the notice is served. If the court determines
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1 that the requirements of this subsection (b) have been
2 satisfied, it shall grant the petition and retain
3 jurisdiction over the matter until the foreclosure proceeding
4 is completed. The costs of foreclosure incurred by the
5 county, including court costs, reasonable attorneys' fees,
6 advances to preserve the property, and other costs related to
7 the enforcement of this subsection, plus statutory interest,
8 are a lien on the real estate and are recoverable by the
9 county from the owner or owners of the real estate. If the
10 court denies the petition, the county may enforce the lien in
11 a separate action as provided in subsection (a).
12 All persons designated in Section 15-1501 of the Code of
13 Civil Procedure as necessary parties in a mortgage
14 foreclosure action shall be joined as parties before issuance
15 of an order of foreclosure. Persons designated in Section
16 15-1501 of the Code of Civil Procedure as permissible parties
17 may also be joined as parties in the action.
18 The provisions of Article XV of the Code of Civil
19 Procedure applicable to mortgage foreclosures shall apply to
20 the foreclosure of a lien under this subsection (b), except
21 to the extent that those provisions are inconsistent with
22 this subsection. For purposes of foreclosures of liens
23 under this subsection, however, the redemption period
24 described in subsection (b) of Section 15-1603 of the Code of
25 Civil Procedure shall end 60 days after the date of entry of
26 the order of foreclosure.
27 (c) In addition to any other remedy provided by law, the
28 county board of any county may petition the circuit court to
29 have property declared abandoned under this subsection (c)
30 if:
31 (1) the property has been tax delinquent for 2 or
32 more years or bills for water service for the property
33 have been outstanding for 2 or more years;
34 (2) the property is unoccupied by persons legally
35 in possession; and
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1 (3) the property contains a dangerous or unsafe
2 building.
3 All persons having an interest of record in the property,
4 including tax purchasers and beneficial owners of any
5 Illinois land trust having title to the property, shall be
6 named as defendants in the petition and shall be served with
7 process. In addition, service shall be had under Section
8 2-206 of the Code of Civil Procedure as in other cases
9 affecting property.
10 The county, however, may proceed under this subsection in
11 a proceeding brought under subsection (a). Notice of the
12 petition shall be served by certified or registered mail on
13 all persons who were served notice under subsection (a).
14 If the county proves that the conditions described in
15 this subsection exist and the owner of record of the property
16 does not enter an appearance in the action, or, if title to
17 the property is held by an Illinois land trust, if neither
18 the owner of record nor the owner of the beneficial interest
19 of the trust enters an appearance, the court shall declare
20 the property abandoned.
21 If that determination is made, notice shall be sent by
22 certified or registered mail to all persons having an
23 interest of record in the property, including tax purchasers
24 and beneficial owners of any Illinois land trust having title
25 to the property, stating that title to the property will be
26 transferred to the county unless, within 30 days of the
27 notice, the owner of record enters an appearance in the
28 action, or unless any other person having an interest in the
29 property files with the court a request to demolish the
30 dangerous or unsafe building or to put the building in safe
31 condition.
32 If the owner of record enters an appearance in the action
33 within the 30 day period, the court shall vacate its order
34 declaring the property abandoned. In that case, the county
35 may amend its complaint in order to initiate proceedings
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1 under subsection (a).
2 If a request to demolish or repair the building is filed
3 within the 30 day period, the court shall grant permission to
4 the requesting party to demolish the building within 30 days
5 or to restore the building to safe condition within 60 days
6 after the request is granted. An extension of that period
7 for up to 60 additional days may be given for good cause. If
8 more than one person with an interest in the property files a
9 timely request, preference shall be given to the person with
10 the lien or other interest of the highest priority.
11 If the requesting party proves to the court that the
12 building has been demolished or put in a safe condition
13 within the period of time granted by the court, the court
14 shall issue a quitclaim judicial deed for the property to the
15 requesting party, conveying only the interest of the owner of
16 record, upon proof of payment to the county of all costs
17 incurred by the county in connection with the action,
18 including but not limited to court costs, attorney's fees,
19 administrative costs, the costs, if any, associated with
20 building enclosure or removal, and receiver's certificates.
21 The interest in the property so conveyed shall be subject to
22 all liens and encumbrances on the property. In addition, if
23 the interest is conveyed to a person holding a certificate of
24 purchase for the property under the Property Tax Code, the
25 conveyance shall be subject to the rights of redemption of
26 all persons entitled to redeem under that Act, including the
27 original owner of record.
28 If no person with an interest in the property files a
29 timely request or if the requesting party fails to demolish
30 the building or put the building in safe condition within the
31 time specified by the court, the county may petition the
32 court to issue a judicial deed for the property to the
33 county. A conveyance by judicial deed shall operate to
34 extinguish all existing ownership interests in, liens on, and
35 other interest in the property, including tax liens.
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1 (d) Each county may use the provisions of this
2 subsection to expedite the removal of certain buildings that
3 are a continuing hazard to the community in which they are
4 located.
5 If a residential building is 2 stories or less in height
6 as defined by the county's building code, and the official
7 designated to be in charge of enforcing the county's building
8 code determines that the building is open and vacant and an
9 immediate and continuing hazard to the community in which the
10 building is located, then the official shall be authorized to
11 post a notice not less than 2 feet by 2 feet in size on the
12 front of the building. The notice shall be dated as of the
13 date of the posting and shall state that unless the building
14 is demolished, repaired, or enclosed, and unless any garbage,
15 debris, and other hazardous, noxious, or unhealthy substances
16 or materials are removed so that an immediate and continuing
17 hazard to the community no longer exists, then the building
18 may be demolished, repaired, or enclosed, or any garbage,
19 debris, and other hazardous, noxious, or unhealthy substances
20 or materials may be removed, by the county.
21 Not later than 30 days following the posting of the
22 notice, the county shall do both of the following:
23 (1) Cause to be sent, by certified mail, return
24 receipt requested, a notice to all owners of record of
25 the property, the beneficial owners of any Illinois land
26 trust having title to the property, and all lienholders
27 of record in the property, stating the intent of the
28 county to demolish, repair, or enclose the building or
29 remove any garbage, debris, or other hazardous, noxious,
30 or unhealthy substances or materials if that action is
31 not taken by the owner or owners.
32 (2) Cause to be published, in a newspaper published
33 or circulated in the county where the building is
34 located, a notice setting forth (i) the permanent tax
35 index number and the address of the building, (ii) a
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1 statement that the property is open and vacant and
2 constitutes an immediate and continuing hazard to the
3 community, and (iii) a statement that the county intends
4 to demolish, repair, or enclose the building or remove
5 any garbage, debris, or other hazardous, noxious, or
6 unhealthy substances or materials if the owner or owners
7 or lienholders of record fail to do so. This notice
8 shall be published for 3 consecutive days.
9 A person objecting to the proposed actions of the county
10 board may file his or her objection in an appropriate form in
11 a court of competent jurisdiction.
12 If the building is not demolished, repaired, or enclosed,
13 or the garbage, debris, or other hazardous, noxious, or
14 unhealthy substances or materials are not removed, within 30
15 days of mailing the notice to the owners of record, the
16 beneficial owners of any Illinois land trust having title to
17 the property, and all lienholders of record in the property,
18 or within 30 days of the last day of publication of the
19 notice, whichever is later, the county board shall have the
20 power to demolish, repair, or enclose the building or to
21 remove any garbage, debris, or other hazardous, noxious, or
22 unhealthy substances or materials.
23 The county may proceed to demolish, repair, or enclose a
24 building or remove any garbage, debris, or other hazardous,
25 noxious, or unhealthy substances or materials under this
26 subsection within a 120-day period following the date of the
27 mailing of the notice if the appropriate official determines
28 that the demolition, repair, enclosure, or removal of any
29 garbage, debris, or other hazardous, noxious, or unhealthy
30 substances or materials is necessary to remedy the immediate
31 and continuing hazard. If, however, before the county
32 proceeds with any of the actions authorized by this
33 subsection, any person has sought a hearing under this
34 subsection before a court and has served a copy of the
35 complaint on the chief executive officer of the county, then
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1 the county shall not proceed with the demolition, repair,
2 enclosure, or removal of garbage, debris, or other substances
3 until the court determines that that action is necessary to
4 remedy the hazard and issues an order authorizing the county
5 to do so.
6 Following the demolition, repair, or enclosure of a
7 building, or the removal of garbage, debris, or other
8 hazardous, noxious, or unhealthy substances or materials
9 under this subsection, the county may file a notice of lien
10 against the real estate for the cost of the demolition,
11 repair, enclosure, or removal within 180 days after the
12 repair, demolition, enclosure, or removal occurred, for the
13 cost and expense incurred, in the office of the recorder in
14 the county in which the real estate is located or in the
15 office of the registrar of titles of the county if the real
16 estate affected is registered under the Registered Titles
17 (Torrens) Act. The notice of lien shall consist of a sworn
18 statement setting forth (i) a description of the real estate,
19 such as the address or other description of the property,
20 sufficient for its identification; (ii) the expenses incurred
21 by the county in undertaking the remedial actions authorized
22 under this subsection; (iii) the date or dates the expenses
23 were incurred by the county; (iv) a statement by the official
24 responsible for enforcing the building code that the building
25 was open and vacant and constituted an immediate and
26 continuing hazard to the community; (v) a statement by the
27 official that the required sign was posted on the building,
28 that notice was sent by certified mail to the owners of
29 record, and that notice was published in accordance with this
30 subsection; and (vi) a statement as to when and where the
31 notice was published. The lien authorized by this subsection
32 may thereafter be released or enforced by the county as
33 provided in subsection (a).
34 (Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
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1 (55 ILCS 5/5-1124 new)
2 Sec. 5-1124. Second-hand and junk stores.
3 (a) The county board of a county may:
4 (1) License, locate, and regulate all places of
5 business of dealers in junk, rags, and any second-hand
6 article whatsoever.
7 (2) Forbid any person or entity licensed or
8 regulated under this Section from purchasing or receiving
9 from minors, without the written consent of their parents
10 or guardians, any article whatsoever.
11 (3) Impose the licensing and regulation of such
12 dealers as additional duties pursuant to Section 5-1087
13 of this Code.
14 (b) Nothing in this Section shall apply to a licensee of
15 the Secretary of State under Chapter 5 of the Illinois
16 Vehicle Code or to an insurer or self-insurer of motor
17 vehicles."; and
18 in Section 5, by replacing all of Sec. 5-41005 with the
19 following:
20 "(55 ILCS 5/5-41005 new)
21 Sec. 5-41005. Definitions. In this Division 5-41, unless
22 the context requires otherwise:
23 "Code" means any county ordinance that pertains to or
24 regulates any of the following: animal control; the
25 definition, identification, and abatement of public
26 nuisances; the accumulation, disposal, and transportation of
27 garbage, refuse, and other forms of solid waste; the
28 construction and maintenance of buildings and structures;
29 sanitation practices; or zoning.
30 "Code enforcement officer" means a county employee
31 authorized to issue citations for county code violations and
32 to conduct inspections of public or private real property to
33 determine whether code violations exist. However, nothing in
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1 this Division 5-41 shall be construed to allow for
2 administrative adjudication of an ordinance violation in the
3 case where a State statute or administrative rule provides
4 for a specific method or procedure to be followed, other than
5 administrative adjudication, in enforcing a county ordinance.
6 "Hearing officer" means a person other than a code
7 enforcement officer or law enforcement officer having the
8 following powers and duties:
9 (1) To preside at an administrative hearing called
10 to determine whether a code violation exists.
11 (2) To hear testimony and accept evidence from the
12 code enforcement officer, the respondent, and all
13 interested parties relevant to the existence of a code
14 violation.
15 (3) To preserve and authenticate the record of the
16 hearing and all exhibits and evidence introduced at the
17 hearing.
18 (4) To issue and sign written findings and a
19 decision and order stating whether a code violation
20 exists.
21 (5) To impose penalties consistent with applicable
22 code provisions and to assess costs reasonably related to
23 instituting the proceedings upon finding the respondent
24 liable for the charged violation. In no event, however,
25 shall the hearing officer have the authority to impose a
26 penalty of incarceration.
27 "Property owner" means the legal or beneficial owner of
28 an improved or unimproved parcel of real estate.
29 "Respondent" means a property owner, waste hauler, or
30 other person charged with liability for an alleged code
31 violation and the person to whom the notice of violation is
32 directed.
33 "Solid waste" means demolition materials, food and
34 industrial processing wastes, garden trash, land cleaning
35 waste, mixed refuse, non-combustible refuse, and trash as
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1 defined in the Solid Waste Disposal District Act.
2 "Waste hauler" means any person owning or controlling any
3 vehicle used to carry or transport garbage, refuse, or other
4 forms of solid waste."; and
5 in Section 5, by replacing all of Sec. 5-41010 with the
6 following:
7 "(55 ILCS 5/5-41010 new)
8 Sec. 5-41010. Code hearing unit. The county board in
9 any county having a population of less than 3,000,000
10 inhabitants may establish by ordinance a code hearing unit
11 within an existing code enforcement agency or as a separate
12 and independent agency in county government. A county may
13 establish a code hearing unit and administrative adjudication
14 process only under the provisions of this Division 5-41. The
15 function of the code hearing unit shall be to expedite the
16 prosecution and correction of code violations as provided in
17 this Division 5-41."; and
18 in Section 5, by replacing all of Sec. 5-41020 with the
19 following:
20 "(55 ILCS 5/5-41020 new)
21 Sec. 5-41020. Instituting proceedings.
22 (a) When a code enforcement officer observes a code
23 violation, the officer shall note or, in the case of an
24 animal control violation, the code enforcement officer may
25 respond to the filing of a formal complaint by noting the
26 violation on a violation notice and report form, indicating
27 the following: the name and address of the respondent, if
28 known; the name, address, and state vehicle registration
29 number of the waste hauler who deposited the waste, if
30 applicable; the type and nature of the violation; the date
31 and time the violation was observed; the names of witnesses
32 to the violation; and the address of the location or property
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1 where the violation is observed.
2 (b) The violation notice and report form shall contain a
3 file number and a hearing date noted by the code enforcement
4 officer in the blank spaces provided for that purpose on the
5 form. The violation notice and report shall state that
6 failure to appear at the hearing on the date indicated may
7 result in a determination of liability for the cited
8 violation and the imposition of fines and assessment of costs
9 as provided by the applicable county ordinance. The
10 violation notice and report shall also state that upon a
11 determination of liability and the exhaustion of or failure
12 to exhaust procedures for judicial review, any unpaid fines
13 or costs imposed will constitute a debt due and owed to the
14 county.
15 (c) A copy of the violation notice and report form shall
16 be served on the respondent either personally or by first
17 class mail, postage prepaid, sent to the address of the
18 respondent. If the name of the respondent property owner
19 cannot be ascertained or if service on the respondent cannot
20 be made by mail, service may be made on the respondent
21 property owner by posting, not less than 20 days before the
22 hearing is scheduled, a copy of the violation notice and
23 report form in a prominent place on the property where the
24 violation is found."; and
25 in Section 5, by replacing all of Sec. 5-41050 with the
26 following:
27 "(55 ILCS 5/5-41050 new)
28 Sec. 5-41050. Sanctions; transfer or conveyance of
29 property. The order to correct a code violation and the
30 sanctions imposed by a county against a respondent property
31 owner as the result of a finding of a code violation under
32 this Division 5-41 shall attach to the property, subject to
33 the interests of all lien holders of record, as well as to
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1 the owner of the property, so that the owner cannot avoid the
2 finding of a code violation against the owner by conveying or
3 transferring the property to another. Any subsequent
4 transferee or owner of property takes the property subject to
5 the findings, decision, and order of a hearing officer under
6 this Division 5-41 if a notice consisting of a copy of the
7 order to correct a code violation and imposing any sanctions
8 and costs, if applicable, and a description of the real
9 estate affected that is sufficient to identify the real
10 estate has been filed in the office of the Recorder or the
11 office of the Registrar of Titles by the county prior to the
12 transfer or conveyance to the subsequent transferee or
13 owner."; and
14 below the end of Section 5, by inserting the following:
15 "(55 ILCS 5/5-1080 rep.)
16 Section 6. The Counties Code is amended by repealing
17 Section 5-1080. The repeal of Section 5-1080 shall not
18 affect any cause of action brought under Section 5-1080
19 before the effective date of this amendatory Act of 1997.
20 Section 7. The Township Code is amended, if and only if
21 the provisions of Senate Bill 307 of the 90th General
22 Assembly that are changed by this amendatory Act of 1997
23 become law, by changing Section 182-5 as follows:
24 (60 ILCS 1/182-5)
25 Sec. 182-5. Primary health care special district; tax.
26 (a) In any township in a county with a population of
27 25,000 or less containing a federally designated health
28 manpower shortage area, the township board may provide for
29 primary health care under an intergovernmental cooperation
30 agreement with another unit of local government or under
31 contract with physicians, a physician group, a professional
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1 service corporation, a medical corporation, a health
2 maintenance organization, a voluntary health service plan, a
3 limited health service plan, a hospital for out-patient
4 services, or a federally qualified health center.
5 (b) For purposes described in subsection (a), the
6 township board may levy an annual tax of not more than 0.095%
7 of the value of all the taxable property in the township, as
8 equalized or assessed by the Department of Revenue, upon that
9 property. Before a tax may be levied under this Section, the
10 township board shall certify that question to the proper
11 election officials in accordance with General Election Law,
12 who shall submit the proposition by referendum to all the
13 voters in the area to be served. The referendum shall be in
14 substantially the following form:
15 Shall (name of township) be authorized to levy an annual
16 tax of not more than 0.095% of the value of all the taxable
17 property in the township to provide primary health care to
18 its citizens?
19 The votes shall be recorded as "Yes" or "No".
20 If the majority of the voters voting on the proposition
21 vote in favor of it, the tax levy is authorized. If a
22 majority of the vote is against the proposition, the tax levy
23 is not authorized. No tax may be levied under this Section,
24 however, with respect to any property that is subject to any
25 other tax levied for the sole purpose of providing primary
26 health care.
27 (c) Any territory of a special primary health care
28 district that is annexed to a municipality that provides
29 primary health care within its corporate limits shall be
30 automatically disconnected from the township primary health
31 care district.
32 (Source: 90SB0307eng.)
33 Section 8. The Illinois Municipal Code is amended by
34 changing Sections 8-1-7 and 11-135-2 as follows:
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1 (65 ILCS 5/8-1-7) (from Ch. 24, par. 8-1-7)
2 Sec. 8-1-7. (a) Except as provided otherwise in this
3 Section, no contract shall be made by the corporate
4 authorities, or by any committee or member thereof, and no
5 expense shall be incurred by any of the officers or
6 departments of any municipality, whether the object of the
7 expenditure has been ordered by the corporate authorities or
8 not, unless an appropriation has been previously made
9 concerning that contract or expense. Any contract made, or
10 any expense otherwise incurred, in violation of the
11 provisions of this section shall be null and void as to the
12 municipality, and no money belonging thereto shall be paid on
13 account thereof. However, pending the passage of the annual
14 appropriation ordinance for any fiscal year, the corporate
15 authorities may authorize heads of departments or other
16 separate agencies of the municipality to make necessary
17 expenditures for the support thereof upon the basis of the
18 appropriations of the preceding fiscal year. However, if it
19 is determined by two-thirds vote of the corporate authorities
20 then holding office at a regularly scheduled meeting of the
21 corporate authorities that it is expedient and in the best
22 public interest to begin proceedings for the construction of
23 a needed public work, then the provisions of this section
24 shall not apply to the extent that the corporate authorities
25 may employ or contract for professional services necessary
26 for the planning and financing of such public work.
27 (b) Notwithstanding any provision of this Code to the
28 contrary, the corporate authorities of any municipality may
29 make contracts for a term exceeding one year and not
30 exceeding the term of the mayor or president holding office
31 at the time the contract is executed, relating to: (1) the
32 employment of a municipal manager, administrator, engineer,
33 health officer, land planner, finance director, attorney,
34 police chief or other officer who requires technical training
35 or knowledge; (2) the employment of outside professional
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1 consultants such as engineers, doctors, land planners,
2 auditors, attorneys or other professional consultants who
3 require technical training or knowledge; (3) the provision of
4 data processing equipment and services; or (4) the provision
5 of services which directly relate to the prevention,
6 identification or eradication of disease. In such case the
7 corporate authorities shall include in the annual
8 appropriation ordinance for each fiscal year, an
9 appropriation of a sum of money sufficient to pay the amount
10 which, by the terms of the contract, is to become due and
11 payable during the current fiscal year.
12 (c) This section shall not apply to municipalities
13 operating under special charters.
14 (d) In order to promote orderly collective bargaining
15 relationships, to prevent labor strife and to protect the
16 interests of the public and the health and safety of the
17 citizens of Illinois, this Section shall not apply to
18 multi-year collective bargaining agreements between public
19 employers and exclusive representatives governed by the
20 provisions of the Illinois Public Labor Relations Act.
21 (d) Notwithstanding any provision of this Code to the
22 contrary, the corporate authorities of any municipality may
23 enter into multi-year collective bargaining agreements with
24 exclusive representatives under the provisions of the
25 Illinois Public Labor Relations Act.
26 (e) Notwithstanding any provision of this Code to the
27 contrary, the corporate authorities of any municipality may
28 enter into any multi-year contract or otherwise associate for
29 any term under the provisions of Section 10 of Article VII of
30 the Illinois Constitution or the Intergovernmental
31 Cooperation Act.
32 (Source: P.A. 85-924.)
33 (65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
34 Sec. 11-135-2. Upon the adoption of such an ordinance or
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1 resolution by the corporate authorities of any such
2 municipality, the mayor or president, with the approval of
3 the corporate authorities, shall appoint a commissioner. The
4 commissioners so appointed by each of such municipalities
5 together with a like commissioner appointed by the presiding
6 officer of the county board with the advice and consent of
7 the county board of the county in which the major part of the
8 works of the water commission are, or are to be, located,
9 shall constitute a commission and public corporation with the
10 powers and duties specified in this Division 135. The
11 corporate name of the commission shall be "(here insert an
12 appropriate name indicative of the area) Water Commission"
13 and as such the Commission may contract and be contracted
14 with, and sue and be sued.
15 The commissioners so appointed shall serve for a term of
16 6 years, or until their successors have been appointed and
17 have qualified in the same manner as the original
18 appointments, except that the commissioners first appointed
19 shall determine by lot at their first meeting the respective
20 commissioners whose terms shall be for 2, 4 and 6 years from
21 the date of that meeting. Each commissioner appointed by a
22 mayor or president shall be an elector or the chief
23 administrator of the municipality for which he acts as
24 commissioner, and the commissioner appointed by the presiding
25 officer of the county board shall be an elector of the county
26 in which the major works of the water commission are, or are
27 to be, located. Any commissioner so appointed may be a
28 member of the governing board or officer or employee of the
29 municipality or county from which the appointment is made. A
30 commissioner is eligible for reappointment upon the
31 expiration of his term. A vacancy shall be filled for the
32 balance of the unexpired term of the person who has ceased to
33 hold office by the mayor, president or county board presiding
34 officer who initially made such appointment in the same
35 manner as the original appointment. Each commissioner shall
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1 receive the same compensation, as determined by the
2 appointing authority, which shall not be more than $2,000
3 $1,000 per year, except that no commissioner who is a member
4 of the governing board or officer or employee of the
5 municipality or county from which the appointment is made may
6 receive any compensation for serving as commissioner. Each
7 commissioner shall furnish a bond for the faithful
8 performance of his official duties. This bond shall not be
9 less than $5,000 and its costs shall be paid by the
10 commission.
11 Each commissioner may be removed for any cause for which
12 any other municipal officer may be removed. No commissioner,
13 or employee of the commission, and no mayor, or president, or
14 other member of the corporate authorities, or any employee of
15 any of the municipalities, shall be interested directly or
16 indirectly in any contract or job of work or materials, or
17 the profits thereof, or services to be performed for or by
18 the commission.
19 A violation of any of the foregoing provisions of this
20 section is a Class C misdemeanor. A conviction is cause for
21 the removal of a person from his office or employment.
22 (Source: P.A. 84-811.)
23 Section 15. The Illinois Public Aid Code is amended by
24 changing Section 11-14.5 as follows:
25 (305 ILCS 5/11-14.5)
26 Sec. 11-14.5. Overpayment; recovery. If an applicant or
27 recipient receives any form of public aid from the Illinois
28 Department or a local governmental unit to which he or she is
29 not entitled, the Illinois Department or local governmental
30 unit may determine that the applicant or recipient has
31 received an overpayment of public aid. The Illinois
32 Department may determine that an overpayment has been
33 received regardless of any determination of the cause of the
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1 overpayment, including but not limited to a determination
2 that the overpayment was caused by an error of the Illinois
3 Department or local governmental unit. The Illinois
4 Department or local governmental unit may attempt to recover
5 the overpayment by recoupment from future assistance payments
6 or food stamps or any other legal means consistent with State
7 and federal law.
8 (Source: P.A. 89-673, eff. 8-14-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.".
11 Submitted on , 1997.
12 ______________________________ _____________________________
13 Senator Syverson Representative Scott
14 ______________________________ _____________________________
15 Senator Butler Representative Dart
16 ______________________________ _____________________________
17 Senator Dudycz Representative Holbrook
18 ______________________________ _____________________________
19 Senator Bowles Representative Churchill
20 ______________________________ _____________________________
21 Senator Shaw Representative Cross
22 Committee for the Senate Committee for the House