HB2458eng 104TH GENERAL ASSEMBLY

HB2458 Engrossed LRB104 06291 RTM 16326 b

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 Division 2.1 of Article 1 of the Illinois Municipal Code divests a home rule municipality of jurisdiction to hold administrative hearings to determine whether its ordinances have been violated or to impose a fine in accordance with its ordinances for (i) any offense under the Illinois Vehicle Code that is a traffic regulation governing the movement of vehicles or is a reportable offense under Section 6-204 of the Illinois Vehicle Code or (ii) a similar offense under a municipal ordinance. 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 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 for (i) any offense under the Illinois Vehicle Code that is a traffic regulation governing the movement of vehicles or is a reportable offense under Section 6-204 of the Illinois Vehicle Code or (ii) a similar offense under a county ordinance.

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.

(b-5) Counties, including home rule counties, may not use a system of administrative adjudication to adjudicate (i) any offense under the Illinois Vehicle Code that is a traffic regulation governing the movement of vehicles or is a reportable offense under Section 6-204 of the Illinois Vehicle Code or (ii) a similar offense under a county ordinance. This subsection is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(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.

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

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

(65 ILCS 5/1-2.1-10)

Sec. 1-2.1-10. Impact on home rule authority.

(a) Except as provided under subsection (b), this This Division shall not preempt municipalities from adopting other systems of administrative adjudication pursuant to their home rule powers.

(b) Municipalities, including home rule municipalities, may not use a system of administrative adjudication to adjudicate (i) any offense under the Illinois Vehicle Code that is a traffic regulation governing the movement of vehicles or a reportable offense under Section 6-204 of the Illinois Vehicle Code or (ii) a similar offense under a municipal ordinance. This subsection is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

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