HB2458 104TH GENERAL ASSEMBLY

LRB104 06291 RTM 16326 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2458

Introduced 2/4/2025, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

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

Amends the Counties Code and the Illinois Municipal Code. Limits home rule powers in provisions allowing a county or municipality to provide by ordinance for a system of administrative adjudication for ordinance or code violations.

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 1. This Act is in response to the Illinois Supreme Court opinion in Cammacho v. City of Joliet, 2024 IL 129263, and serves to clarify that Section 1-2.1-2 of the Illinois Municipal Code is intended, in some circumstances, to divest a home rule municipality of jurisdiction to hold an administrative hearing to determine whether its ordinances have been violated or to impose a fine in accordance with its ordinances. This Act also serves to specifically provide that the exceptions set forth in the definition of "system of administrative adjudication" in subsection (c) of Section 5-43010 of the Counties Code provide a basis to divest a home rule county of jurisdiction to hold an administrative hearing to determine whether its ordinances have been violated or to impose a fine in accordance with its ordinances.

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).

"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.

(d) A home rule county may not regulate the provision of a system of administrative adjudication for county ordinance or code violations in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

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

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

(65 ILCS 5/1-2.1-2)

Sec. 1-2.1-2. Administrative adjudication of municipal code violations.

(a) 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.

(b) A home rule municipality may not regulate the provision of a system of administrative adjudication for municipal ordinance or code violations in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

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