95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3439


 
Introduced 2/27/2007, by Rep. Robert S. Molaro
 
SYNOPSIS AS INTRODUCED:
 		














65 ILCS 5/1-2.1-5









    Amends the Illinois Municipal Code.  Provides that a municipality with a population of more than 2,000,000 must provide notice of adjudicatory hearings by certified mail.  Preempts the concurrent exercise of home rule powers.
















LRB095 10130 HLH 30344 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3439

LRB095 10130 HLH 30344 b






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    AN ACT concerning local government.

 
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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 
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changing Section 1-2.1-5 as follows:
 
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    (65 ILCS 5/1-2.1-5)

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    Sec. 1-2.1-5. Administrative hearing proceedings.

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    (a) Any ordinance establishing a system of administrative 
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adjudication,
pursuant to this Division, shall afford parties 
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due process of law, including
notice and opportunity for 
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hearing. Parties shall be served with process in a
manner 
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reasonably calculated to give them actual notice, including, as

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appropriate, personal service of process upon a party or its 
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employees or
agents;
service by mail at a party's address; or 
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notice that is posted upon the
property where the violation is 
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found when the party is the owner or manager of
the property.

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In municipalities with a population under 3,000,000, if the 
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notice requires the respondent to answer within
a
certain 
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amount of time, the municipality must
reply to the answer 
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within the same amount of time afforded to the
respondent.


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    (b) Parties shall be given notice of an adjudicatory 
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hearing which includes
the type and nature of the code 
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violation to be adjudicated, the date and
location of the 
 


 






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adjudicatory hearing, the legal authority and jurisdiction

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under which the hearing is to be held, and the penalties for 
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failure to appear
at the hearing.
In a municipality with a 
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population of more than 2,000,000, notice of the hearing must 
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be sent by certified mail.  A municipality with a population of 
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more than 2,000,000 may not provide notice of an adjudicatory 
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hearing in a manner that is inconsistent with this Section.  
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This Section is a limitation under subsection (i) of Section 6 
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of Article VII of the Illinois Constitution on the concurrent 
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exercise by home rule units of powers and functions exercised 
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by the State.


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    (c) Parties shall be provided with an opportunity for a 
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hearing during which
they may be represented by counsel, 
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present witnesses, and cross-examine
opposing witnesses.  
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Parties may request the hearing officer to issue subpoenas
to 
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direct the attendance and testimony of relevant witnesses and 
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the production
of relevant documents.  Hearings shall be 
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scheduled with reasonable promptness,
provided that for 
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hearings scheduled in all non-emergency situations, if

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requested
by the defendant, the defendant shall have at least 
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15
days after service of process to prepare for a hearing.
For 
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purposes of this subsection (c), "non-emergency situation" 
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means any
situation that does not reasonably constitute a 
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threat to the public
interest, safety, or welfare.  If service 
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is provided by mail, the 15-day
period shall begin to run on 
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the day that the notice is deposited in the
mail.


 


 






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(Source: P.A. 94-616, eff. 1-1-06.)