99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3284

 

Introduced 2/19/2016, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-43010
55 ILCS 5/5-43015
55 ILCS 5/5-43020
55 ILCS 5/5-43025
55 ILCS 5/5-43035
55 ILCS 5/5-43040
55 ILCS 5/5-43045

    Amends the Administrative Adjudication - Specified Counties Division of the Counties Code. Provides that specified counties may provide administrative hearings for ordinance violations for units of local governments (including not-for-profit corporations organized for the purpose of conducting public business) as well as county ordinance violations (currently, only county ordinance violations) if the county and unit of local government have entered into an intergovernmental agreement or contract for the county to do so. Makes conforming changes in the Division.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3284LRB099 18830 AWJ 43215 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 5-43010, 5-43015, 5-43020, 5-43025, 5-43035, 5-43040,
6and 5-43045 as follows:
 
7    (55 ILCS 5/5-43010)
8    Sec. 5-43010. Administrative adjudication of county code
9and ordinance violations; 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 participating unit of local government where: (i)
16the unit of local government is engaging in governmental
17activities or providing services within the boundaries of the
18county; and (ii) the violation occurred within the boundaries
19of the county.
20    (c) As used in this Division:
21    "Participating unit of local government" means a unit of
22local government which has entered into an intergovernmental
23agreement or contract with a county for the administrative

 

 

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1adjudication of violations of its ordinances by the county
2pursuant to this Division.
3    "System A "system of administrative adjudication" means
4the adjudication of any violation of a county ordinance or of a
5participating unit of local government's ordinance, except for
6(i) proceedings not within the statutory or the home rule
7authority of counties or a participating unit of local
8government; and (ii) any offense under the Illinois Vehicle
9Code (or a similar offense that is a traffic regulation
10governing the movement of vehicles and except for any
11reportable offense under Section 6-204 of the Illinois Vehicle
12Code).
13    "Unit of local government" has the meaning as defined in
14the Illinois Constitution of 1970 and also includes a
15not-for-profit corporation organized for the purpose of
16conducting public business including, but not limited to, the
17Northeast Illinois Regional Commuter Railroad Corporation.
18(Source: P.A. 96-1386, eff. 7-29-10.)
 
19    (55 ILCS 5/5-43015)
20    Sec. 5-43015. Administrative adjudication procedures not
21exclusive. The adoption by a county of a system of
22administrative adjudication does not preclude the county from
23using other methods to enforce county ordinances. An
24intergovernmental agreement or contract entered into between a
25county and participating unit of local government under this

 

 

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

 

 

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

 

 

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1    (c) Prior to conducting administrative adjudication
2proceedings, administrative hearing officers shall have
3successfully completed a formal training program that includes
4the following:
5        (1) instruction on the rules of procedure of the
6    administrative hearings that they will conduct;
7        (2) orientation to each subject area of the code
8    violations that they will adjudicate;
9        (3) observation of administrative hearings; and
10        (4) participation in hypothetical cases, including
11    ruling on evidence and issuing final orders.
12    In addition, every administrative hearing officer must be
13an attorney licensed to practice law in the State of Illinois
14for at least 3 years.
15    (d) A proceeding before a code hearing unit shall be
16instituted upon the filing of a written pleading by an
17authorized official of the county or participating unit of
18local government.
19(Source: P.A. 96-1386, eff. 7-29-10.)
 
20    (55 ILCS 5/5-43025)
21    Sec. 5-43025. Administrative hearing proceedings.
22    (a) Any ordinance establishing a system of administrative
23adjudication, pursuant to this Division, shall afford parties
24due process of law, including notice and opportunity for
25hearing. Parties shall be served with process in a manner

 

 

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1reasonably calculated to give them actual notice, including, as
2appropriate, personal service of process upon a party or its
3employees or agents; service by mail at a party's address; or
4notice that is posted upon the property where the violation is
5found when the party is the owner or manager of the property.
6In counties with a population under 3,000,000, if the notice
7requires the respondent to answer within a certain amount of
8time, the county or participating unit of local government must
9reply to the answer within the same amount of time afforded to
10the respondent.
11    (b) Parties shall be given notice of an adjudicatory
12hearing that includes the type and nature of the code violation
13to be adjudicated, the date and location of the adjudicatory
14hearing, the legal authority and jurisdiction under which the
15hearing is to be held, and the penalties for failure to appear
16at the hearing.
17    (c) Parties shall be provided with an opportunity for a
18hearing during which they may be represented by counsel,
19present witnesses, and cross-examine opposing witnesses.
20Parties may request the hearing officer to issue subpoenas to
21direct the attendance and testimony of relevant witnesses and
22the production of relevant documents. Hearings shall be
23scheduled with reasonable promptness, except that for hearings
24scheduled in all non-emergency situations, if requested by the
25defendant, the defendant shall have at least 15 days after
26service of process to prepare for a hearing. For purposes of

 

 

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1this subsection (c), "non-emergency situation" means any
2situation that does not reasonably constitute a threat to the
3public interest, safety, or welfare. If service is provided by
4mail, the 15-day period shall begin to run on the day that the
5notice is deposited in the mail.
6(Source: P.A. 96-1386, eff. 7-29-10.)
 
7    (55 ILCS 5/5-43035)
8    Sec. 5-43035. Enforcement of judgment.
9    (a) Any fine, other sanction, or costs imposed, or part of
10any fine, other sanction, or costs imposed, remaining unpaid
11after the exhaustion of or the failure to exhaust judicial
12review procedures under the Illinois Administrative Review Law
13are a debt due and owing the county for a violation of a county
14ordinance, or the participating unit of local government for a
15violation of a participating unit of local government's
16ordinance, and may be collected in accordance with applicable
17law.
18    (b) After expiration of the period in which judicial review
19under the Illinois Administrative Review Law may be sought for
20a final determination of a code violation, unless stayed by a
21court of competent jurisdiction, the findings, decision, and
22order of the hearing officer may be enforced in the same manner
23as a judgment entered by a court of competent jurisdiction.
24    (c) In any case in which a defendant has failed to comply
25with a judgment ordering a defendant to correct a code

 

 

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1violation or imposing any fine or other sanction as a result of
2a code violation, any expenses incurred by a county for a
3violation of a county ordinance, or the participating unit of
4local government for a violation of a participating unit of
5local government's ordinance, to enforce the judgment,
6including, but not limited to, attorney's fees, court costs,
7and costs related to property demolition or foreclosure, after
8they are fixed by a court of competent jurisdiction or a
9hearing officer, shall be a debt due and owing the county for a
10violation of a county ordinance, or the participating unit of
11local government for a violation of a participating unit of
12local government's ordinance, and may be collected in
13accordance with applicable law. Prior to any expenses being
14fixed by a hearing officer pursuant to this subsection (c), the
15county for a violation of a county ordinance, or the
16participating unit of local government for a violation of a
17participating unit of local government's ordinance, shall
18provide notice to the defendant that states that the defendant
19shall appear at a hearing before the administrative hearing
20officer to determine whether the defendant has failed to comply
21with the judgment. The notice shall set the date for the
22hearing, which shall not be less than 7 days after the date
23that notice is served. If notice is served by mail, the 7-day
24period shall begin to run on the date that the notice was
25deposited in the mail.
26    (c-5) A default in the payment of a fine or penalty or any

 

 

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1installment of a fine or penalty may be collected by any means
2authorized for the collection of monetary judgments. The
3state's attorney of the county in which the fine or penalty was
4imposed may retain attorneys and private collection agents for
5the purpose of collecting any default in payment of any fine or
6penalty or installment of that fine or penalty. Any fees or
7costs incurred by the county or participating unit of local
8government with respect to attorneys or private collection
9agents retained by the state's attorney under this Section
10shall be charged to the offender.
11    (d) Upon being recorded in the manner required by Article
12XII of the Code of Civil Procedure or by the Uniform Commercial
13Code, a lien shall be imposed on the real estate or personal
14estate, or both, of the defendant in the amount of any debt due
15and owing the county for a violation of a county ordinance, or
16the participating unit of local government for a violation of a
17participating unit of local government's ordinance, under this
18Section. The lien may be enforced in the same manner as a
19judgment lien pursuant to a judgment of a court of competent
20jurisdiction.
21    (e) A hearing officer may set aside any judgment entered by
22default and set a new hearing date, upon a petition filed
23within 21 days after the issuance of the order of default, if
24the hearing officer determines that the petitioner's failure to
25appear at the hearing was for good cause or at any time if the
26petitioner establishes that the county for a violation of a

 

 

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1county ordinance, or the participating unit of local government
2for a violation of a participating unit of local government's
3ordinance, did not provide proper service of process. If any
4judgment is set aside pursuant to this subsection (e), the
5hearing officer shall have authority to enter an order
6extinguishing any lien that has been recorded for any debt due
7and owing the county for a violation of a county ordinance, or
8the participating unit of local government for a violation of a
9participating unit of local government's ordinance, as a result
10of the vacated default judgment.
11(Source: P.A. 99-18, eff. 1-1-16.)
 
12    (55 ILCS 5/5-43040)
13    Sec. 5-43040. Impact on existing administrative
14adjudication systems. This Division does not affect the
15validity of systems of administrative adjudication that were
16authorized by State law, including home rule authority, and in
17existence before July 29, 2010 (the effective date of Public
18Act 96-1386) this amendatory Act of the 96th General Assembly.
19(Source: P.A. 96-1386, eff. 7-29-10.)
 
20    (55 ILCS 5/5-43045)
21    Sec. 5-43045. Impact on home rule authority. This Division
22does not preempt counties or participating units of local
23government from adopting other systems of administrative
24adjudication pursuant to their home rule powers.

 

 

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1(Source: P.A. 96-1386, eff. 7-29-10.)