Rep. Jay Hoffman

Filed: 2/19/2020

 

 


 

 


 
10100HB3916ham001LRB101 14342 AWJ 67015 a

1
AMENDMENT TO HOUSE BILL 3916

2    AMENDMENT NO. ______. Amend House Bill 3916 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 1-2.1-4 as follows:
 
6    (65 ILCS 5/1-2.1-4)
7    Sec. 1-2.1-4. Code hearing units; powers of hearing
8officers.
9    (a) An ordinance establishing a system of administrative
10adjudication, pursuant to this Division, shall provide for a
11code hearing unit within an existing agency or as a separate
12agency in the municipal government. The ordinance shall
13establish the jurisdiction of a code hearing unit that is
14consistent with this Division. The "jurisdiction" of a code
15hearing unit refers to the particular code violations that it
16may adjudicate.

 

 

10100HB3916ham001- 2 -LRB101 14342 AWJ 67015 a

1    (b) Adjudicatory hearings shall be presided over by hearing
2officers. The powers and duties of a hearing officer shall
3include:
4        (1) hearing testimony and accepting evidence that is
5    relevant to the existence of the code violation;
6        (2) issuing subpoenas directing witnesses to appear
7    and give relevant testimony at the hearing, upon the
8    request of the parties or their representatives;
9        (3) preserving and authenticating the record of the
10    hearing and all exhibits and evidence introduced at the
11    hearing;
12        (4) issuing a determination, based on the evidence
13    presented at the hearing, of whether a code violation
14    exists. The determination shall be in writing and shall
15    include a written finding of fact, decision, and order
16    including the fine, penalty, or action with which the
17    defendant must comply; and
18        (5) imposing penalties consistent with applicable code
19    provisions and assessing costs upon finding a party liable
20    for the charged violation, except, however, that in no
21    event shall the hearing officer have authority to (i)
22    impose a penalty of incarceration, or (ii) impose a fine in
23    excess of $50,000, or at the option of the municipality,
24    such other amount not to exceed the maximum amount
25    established by the Mandatory Arbitration System as
26    prescribed by the Rules of the Illinois Supreme Court from

 

 

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1    time to time for the judicial circuit in which the
2    municipality is located. The maximum monetary fine under
3    this item (5), shall be exclusive of costs of enforcement
4    or costs imposed to secure compliance with the
5    municipality's ordinances and shall not be applicable to
6    cases to enforce the collection of any tax imposed and
7    collected by the municipality.
8    (c) Prior to conducting administrative adjudication
9proceedings, administrative hearing officers shall have
10successfully completed a formal training program which
11includes the following:
12        (1) instruction on the rules of procedure of the
13    administrative hearings which they will conduct;
14        (2) orientation to each subject area of the code
15    violations that they will adjudicate;
16        (3) observation of administrative hearings; and
17        (4) participation in hypothetical cases, including
18    ruling on evidence and issuing final orders.
19    In addition, every administrative hearing officer must be
20an attorney licensed to practice law in the State of Illinois
21for at least 3 years. A person who has served as a judge in
22Illinois is not required to fulfill the requirements of
23paragraphs (1) through (4) of this subsection.
24    (d) A proceeding before a code hearing unit shall be
25instituted upon the filing of a written pleading by an
26authorized official of the municipality.

 

 

10100HB3916ham001- 4 -LRB101 14342 AWJ 67015 a

1(Source: P.A. 90-516, eff. 1-1-98.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".