SB1152 101ST GENERAL ASSEMBLY

LRB101 08307 AWJ 53375 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1152

Introduced 2/5/2019, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-10

Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipal administrative hearing unit or code hearing unit may adjudicate of a violation of a county (or a participating unit of local government) ordinance or municipal ordinance of specified offenses relating to distracted driving, red light violations, and violations caught on automated traffic law enforcement systems or similar local offenses. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-43010 as follows:

(55 ILCS 5/5-43010)

Sec. 5-43010. Administrative adjudication of code and ordinance violations; definitions.

(a) Any county may provide by ordinance for a system of administrative adjudication of county code violations to the extent permitted by the Illinois Constitution.

(b) Any county may provide by ordinance for a system of administrative adjudication of violations of ordinances enacted by a participating unit of local government only where: (i) the unit of local government is engaging in governmental activities or providing services within the boundaries of the county; (ii) the unit of local government has no system of administrative adjudication; and (iii) the violation occurred within the boundaries of the county.

(c) As used in this Division:

"Participating unit of local government" means a unit of local government which has entered into an intergovernmental agreement or contract with a county for the administrative adjudication of violations of its ordinances by the county pursuant to this Division.

"System of administrative adjudication" means the adjudication of any violation of a county ordinance or of a participating unit of local government's ordinance, except for (i) proceedings not within the statutory or the home rule authority of counties or a participating unit of local government; 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). Notwithstanding the exceptions listed in this definition, "system of administrative adjudication" includes adjudication of a violation of a county ordinance or of a participating unit of local government's ordinance of offenses listed under Section 11-208.6, 11-306, 12-610.1, 12-610.2, 6-526, or 6-527 of the Illinois Vehicle Code or similar county or unit of local government offenses.

"Unit of local government" has the meaning as defined in the Illinois Constitution of 1970 and also includes a not-for-profit corporation organized for the purpose of conducting public business including, but not limited to, the Northeast Illinois Regional Commuter Railroad Corporation.

(Source: P.A. 99-754, eff. 1-1-17.)

Section 10. The Illinois Municipal Code is amended by changing Sections 1-2.1-2 and 1-2.2-10 as follows:

(65 ILCS 5/1-2.1-2)

Sec. 1-2.1-2. Administrative adjudication of municipal code violations. Any municipality may provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois Constitution.

A "system of administrative adjudication" means the adjudication of any violation of a municipal ordinance, except for (i) proceedings not within the statutory or the home rule authority of municipalities; 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. Notwithstanding the exceptions listed in this paragraph, "system of administrative adjudication" includes adjudication of a violation of a municipal ordinance of offenses listed under Section 11-208.6, 11-306, 12-610.1, 12-610.2, 6-526, or 6-527 of the Illinois Vehicle Code or similar municipal offenses.

(Source: P.A. 90-516, eff. 1-1-98.)

(65 ILCS 5/1-2.2-10)

Sec. 1-2.2-10. Code hearing department. The corporate authorities of any municipality may adopt this Division and establish a code hearing department within an existing code enforcement agency or as a separate and independent agency in the municipal government. The function of the hearing department is to expedite the prosecution and correction of code violations in the manner set forth in this Division.

The code hearing department may adjudicate any violation of a municipal ordinance except for (i) building code violations that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under the Illinois Vehicle Code or 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. Notwithstanding the exceptions listed in this paragraph, the code hearing department may adjudicate a violation of a municipal ordinance of offenses listed under Section 11-208.6, 11-306, 12-610.1, 12-610.2, 6-526, or 6-527 of the Illinois Vehicle Code or similar municipal offenses.

(Source: P.A. 90-777, eff. 1-1-99.)

Section 99. Effective date. This Act takes effect upon becoming law.