HB6635 93RD GENERAL ASSEMBLY

LRB093 15790 MKM 41402 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6635

Introduced 02/09/04, by Robert S. Molaro

SYNOPSIS AS INTRODUCED:

65 ILCS 5/1-2.1-8
65 ILCS 5/1-2.1-10

Amends the Illinois Municipal Code. Provides that a municipality with a population of 2,000,000 or more is prohibited from enforcing judgments for ordinance violations by imposing or enforcing liens or by obtaining or enforcing garnishments or wage deductions. Preempts home rule powers.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning municipalities.

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

Section 5. The Illinois Municipal Code is amended by changing Sections 1-2.1-8 and 1-2.1-10 as follows:

(65 ILCS 5/1-2.1-8)

Sec. 1-2.1-8. Enforcement of judgment.

(a) Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law are a debt due and owing the municipality and may be collected in accordance with applicable law.

(b) After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(c) In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the municipality shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than 7 days from the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail.

(d) Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the municipality under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

(d-5) Notwithstanding the provisions of subsection (d) or any other law to the contrary, if a debt due and owing is for any violation of any municipal ordinance, including, without limitation, parking violations, building code violations, and housing code violations, then a municipality with a population of 2,000,000 or more shall not collect that debt by attempting to (i) impose or enforce a lien on the real estate or personal estate of the defendant or (ii) obtain or enforce a garnishment or wage deduction on the defendant. A home rule unit may not enforce a judgment for an ordinance violation in a manner inconsistent with this subsection (d-5). This subsection 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.

(e) A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection (e), the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment.

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

(65 ILCS 5/1-2.1-10)

Sec. 1-2.1-10. Impact on home rule authority. Except as provided in Section 1-2.1-8, this Division shall not preempt municipalities from adopting other systems of administrative adjudication pursuant to their home rule powers.

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