Full Text of HB6635 93rd General Assembly
HB6635 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6635
Introduced 02/09/04, by Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/1-2.1-8 |
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65 ILCS 5/1-2.1-10 |
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Amends the Illinois Municipal Code. Provides that a municipality with a population of 2,000,000 or more is prohibited from enforcing judgments for ordinance violations by imposing or enforcing liens or by obtaining or enforcing garnishments or wage deductions. Preempts home rule powers.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB6635 |
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LRB093 15790 MKM 41402 b |
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| AN ACT concerning municipalities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 1-2.1-8 and 1-2.1-10 as follows:
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| (65 ILCS 5/1-2.1-8)
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| Sec. 1-2.1-8. Enforcement of judgment.
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| (a) Any fine, other sanction, or costs imposed, or part of | 9 |
| any fine, other
sanction, or costs imposed, remaining unpaid | 10 |
| after the exhaustion of or the
failure to exhaust judicial | 11 |
| review procedures under the Illinois Administrative
Review Law | 12 |
| are a debt due and owing the municipality and may be collected | 13 |
| in
accordance with applicable law.
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| (b) After expiration of the period in which judicial review | 15 |
| under the
Illinois Administrative Review Law may be sought for | 16 |
| a final determination of a
code violation, unless stayed by a | 17 |
| court of competent jurisdiction, the
findings, decision, and | 18 |
| order of the hearing officer may be enforced in the
same manner | 19 |
| as a judgment entered by a court of competent jurisdiction.
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| (c) In any case in which a defendant has failed
to comply | 21 |
| with a judgment ordering a defendant to correct a code | 22 |
| violation or
imposing any fine or other sanction as a result of | 23 |
| a code violation, any
expenses incurred by a municipality to | 24 |
| enforce the judgment, including, but not
limited to, attorney's | 25 |
| fees, court costs, and costs related to property
demolition or | 26 |
| foreclosure, after they are fixed by a court of competent
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| jurisdiction or a hearing officer, shall be
a debt due and | 28 |
| owing the municipality and may be collected in accordance with
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| applicable law.
Prior to any expenses being fixed by a hearing | 30 |
| officer pursuant to this
subsection (c), the municipality shall | 31 |
| provide notice to the defendant that
states that the defendant | 32 |
| shall appear at a hearing before the administrative
hearing |
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HB6635 |
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LRB093 15790 MKM 41402 b |
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| officer to determine whether the defendant has failed to comply | 2 |
| with
the judgment. The notice shall set the date for such a | 3 |
| hearing, which shall
not be less than 7 days from the date that | 4 |
| notice is served. If notice is
served by mail, the 7-day period | 5 |
| shall begin to run on the date that the notice
was deposited in | 6 |
| the mail.
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| (d) Upon being recorded in the manner required by Article | 8 |
| XII of the Code of
Civil Procedure or by the Uniform Commercial | 9 |
| Code, a lien shall be imposed on
the
real estate or personal | 10 |
| estate, or both,
of the defendant in the amount of any debt due | 11 |
| and owing the municipality under
this Section. The lien may be | 12 |
| enforced in the same manner as a
judgment lien pursuant to a | 13 |
| judgment of a court of
competent jurisdiction.
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| (d-5) Notwithstanding the provisions of subsection (d) or | 15 |
| any other law to the contrary, if a debt due and owing is for | 16 |
| any violation of any municipal ordinance, including, without | 17 |
| limitation, parking violations, building code violations, and | 18 |
| housing code violations, then a municipality with a population | 19 |
| of 2,000,000 or more shall not collect that debt by attempting | 20 |
| to (i) impose or enforce a lien on the real estate or personal | 21 |
| estate of the defendant or (ii) obtain or enforce a garnishment | 22 |
| or wage deduction on the defendant. A home rule unit may not | 23 |
| enforce a judgment for an ordinance violation in a manner | 24 |
| inconsistent with this subsection (d-5). This subsection is a | 25 |
| limitation under subsection (i) of Section 6 of Article VII of | 26 |
| the Illinois Constitution on the concurrent exercise by home | 27 |
| rule units of powers and functions exercised by the State.
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| (e) A hearing officer may set aside any judgment entered by | 29 |
| default and set
a new hearing date, upon a petition filed | 30 |
| within 21 days after the issuance of
the
order of default, if | 31 |
| the hearing officer determines that the petitioner's
failure to | 32 |
| appear at the hearing was for good cause or at any time if the
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| petitioner establishes that the municipality did not provide | 34 |
| proper service of
process.
If any judgment is set aside | 35 |
| pursuant to this subsection (e), the hearing
officer shall have | 36 |
| authority to enter an order extinguishing any lien which has
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HB6635 |
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LRB093 15790 MKM 41402 b |
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| been recorded for any debt due and owing the municipality as a | 2 |
| result of the
vacated default judgment.
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| (Source: P.A. 90-516, eff. 1-1-98.)
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| (65 ILCS 5/1-2.1-10)
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| Sec. 1-2.1-10. Impact on home rule authority. Except as | 6 |
| provided in Section 1-2.1-8, this Division shall not
preempt | 7 |
| municipalities from adopting other systems of administrative
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| adjudication pursuant to their home rule powers.
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| (Source: P.A. 90-516, eff. 1-1-98.)
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