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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(55 ILCS 5/) Counties Code.

55 ILCS 5/5-41060

    (55 ILCS 5/5-41060)
    Sec. 5-41060. Adoption of other necessary provisions by county. Any county establishing a code hearing unit by ordinance under this Division 5-41 may adopt other provisions necessary and proper to carry into effect the powers granted and the purposes stated in this Division.
(Source: P.A. 90-517, eff. 8-22-97.)

55 ILCS 5/Div. 5-42

    (55 ILCS 5/Div. 5-42 heading)
Division 5-42. Wind Farms
(Source: P.A. 96-328, eff. 8-11-09.)

55 ILCS 5/5-42000

    (55 ILCS 5/5-42000)
    Sec. 5-42000. Wind farms. A county may own and operate a wind generation turbine farm, either individually or jointly with another unit of local government, school district, or community college district that is authorized to own and operate a wind generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the county. The county may ask for the assistance of any State agency, including without limitation the Department of Commerce and Economic Opportunity, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08; 96-328, eff. 8-11-09.)

55 ILCS 5/Div. 5-43

    (55 ILCS 5/Div. 5-43 heading)
Division 5-43. Administrative Adjudication -
Specified Counties
(Source: P.A. 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11.)

55 ILCS 5/5-43005

    (55 ILCS 5/5-43005)
    Sec. 5-43005. Applicability. This Division 5-43 applies only to the counties of Cook, DuPage, Kane, Lake, McHenry, and Will.
(Source: P.A. 96-1386, eff. 7-29-10.)

55 ILCS 5/5-43010

    (55 ILCS 5/5-43010)
    Sec. 5-43010. Administrative adjudication of county code violations. Any county may provide by ordinance for a system of administrative adjudication of county code violations to the extent permitted by the Illinois Constitution. A "system of administrative adjudication" means the adjudication of any violation of a county ordinance, except for (i) proceedings not within the statutory or the home rule authority of counties; and (ii) any offense under the Illinois Vehicle Code (or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6-204 of the Illinois Vehicle Code).
(Source: P.A. 96-1386, eff. 7-29-10.)

55 ILCS 5/5-43015

    (55 ILCS 5/5-43015)
    Sec. 5-43015. Administrative adjudication procedures not exclusive. The adoption by a county of a system of administrative adjudication does not preclude the county from using other methods to enforce county ordinances.
(Source: P.A. 96-1386, eff. 7-29-10.)

55 ILCS 5/5-43020

    (55 ILCS 5/5-43020)
    Sec. 5-43020. Code hearing units; powers of hearing officers.
    (a) An ordinance establishing a system of administrative adjudication, pursuant to this Division, shall provide for a code hearing unit within an existing agency or as a separate agency in the county government. The ordinance shall establish the jurisdiction of a code hearing unit that is consistent with this Division. The "jurisdiction" of a code hearing unit refers to the particular code violations that it may adjudicate.
    (b) Adjudicatory hearings shall be presided over by hearing officers. The powers and duties of a hearing officer shall include:
        (1) hearing testimony and accepting evidence that is
relevant to the existence of the code violation;
        (2) issuing subpoenas directing witnesses to appear
and give relevant testimony at the hearing, upon the request of the parties or their representatives;
        (3) preserving and authenticating the record of the
hearing and all exhibits and evidence introduced at the hearing;
        (4) issuing a determination, based on the evidence
presented at the hearing, of whether a code violation exists, which shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply; and
        (5) imposing penalties consistent with applicable
code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration or (ii) impose a fine in excess of $50,000, or at the option of the county, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the county is located. The maximum monetary fine under this item (5), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the county's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the county.
    (c) Prior to conducting administrative adjudication proceedings, administrative hearing officers shall have successfully completed a formal training program that includes the following:
        (1) instruction on the rules of procedure of the
administrative hearings that they will conduct;
        (2) orientation to each subject area of the code
violations that they will adjudicate;
        (3) observation of administrative hearings; and
        (4) participation in hypothetical cases, including
ruling on evidence and issuing final orders.
    In addition, every administrative hearing officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years.
    (d) A proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the county.
(Source: P.A. 96-1386, eff. 7-29-10.)

55 ILCS 5/5-43025

    (55 ILCS 5/5-43025)
    Sec. 5-43025. Administrative hearing proceedings.
    (a) Any ordinance establishing a system of administrative adjudication, pursuant to this Division, shall afford parties due process of law, including notice and opportunity for hearing. Parties shall be served with process in a manner reasonably calculated to give them actual notice, including, as appropriate, personal service of process upon a party or its employees or agents; service by mail at a party's address; or notice that is posted upon the property where the violation is found when the party is the owner or manager of the property. In counties with a population under 3,000,000, if the notice requires the respondent to answer within a certain amount of time, the county must reply to the answer within the same amount of time afforded to the respondent.
    (b) Parties shall be given notice of an adjudicatory hearing that includes the type and nature of the code violation to be adjudicated, the date and location of the adjudicatory hearing, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing.
    (c) Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine opposing witnesses. Parties may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, except that for hearings scheduled in all non-emergency situations, if requested by the defendant, the defendant shall have at least 15 days after service of process to prepare for a hearing. For purposes of this subsection (c), "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare. If service is provided by mail, the 15-day period shall begin to run on the day that the notice is deposited in the mail.
(Source: P.A. 96-1386, eff. 7-29-10.)