Full Text of HB6239 96th General Assembly
HB6239eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by adding the | 5 |
| heading of Division 5-43 and Sections 5-43005, 5-43010, | 6 |
| 5-43015, 5-43020, 5-43025, 5-43030, 5-43035, 5-43040, and | 7 |
| 5-43045 and by changing Section 5-41010 as follows:
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| (55 ILCS 5/5-41010)
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| Sec. 5-41010. Code hearing unit. The county board in any | 10 |
| non-home rule county
may establish by ordinance a code hearing | 11 |
| unit
within an existing code enforcement agency or as a | 12 |
| separate and independent
agency in county government , pursuant | 13 |
| to the provisions of this Division 5-41 .
A non-home rule county | 14 |
| with a population of less than 750,000 may establish a code | 15 |
| hearing unit and administrative adjudication
process only | 16 |
| under the provisions of this Division 5-41.
The function of the | 17 |
| code hearing unit
shall be to expedite the prosecution and | 18 |
| correction of code violations
as provided in this Division | 19 |
| 5-41.
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| (Source: P.A. 95-471, eff. 8-27-07.)
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| (55 ILCS 5/Div. 5-43 heading new) | 22 |
| ADMINISTRATIVE ADJUDICATION - COUNTIES WITH A POPULATION OF |
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| 750,000 OR MORE | 2 |
| (55 ILCS 5/5-43005 new) | 3 |
| Sec. 5-43005. Applicability. This Division 5-43 applies | 4 |
| only to counties with a population of 750,000 or more. | 5 |
| (55 ILCS 5/5-43010 new) | 6 |
| Sec. 5-43010. Administrative adjudication of county code | 7 |
| violations. Any county may provide by ordinance for a system of | 8 |
| administrative adjudication of county code violations to the | 9 |
| extent permitted by the Illinois Constitution. A "system of | 10 |
| administrative adjudication" means the adjudication of any | 11 |
| violation of a county ordinance, except for (i) proceedings not | 12 |
| within the statutory or the home rule authority of counties; | 13 |
| and (ii) any offense under the Illinois Vehicle Code (or a | 14 |
| similar offense that is a traffic regulation governing the | 15 |
| movement of vehicles and except for any reportable offense | 16 |
| under Section 6-204 of the Illinois Vehicle Code). | 17 |
| (55 ILCS 5/5-43015 new) | 18 |
| Sec. 5-43015. Administrative adjudication procedures not | 19 |
| exclusive. The adoption by a county of a system of | 20 |
| administrative adjudication does not preclude the county from | 21 |
| using other methods to enforce county ordinances. | 22 |
| (55 ILCS 5/5-43020 new) |
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| Sec. 5-43020. Code hearing units; powers of hearing | 2 |
| officers. | 3 |
| (a) An ordinance establishing a system of administrative | 4 |
| adjudication, pursuant to this Division, shall provide for a | 5 |
| code hearing unit within an existing agency or as a separate | 6 |
| agency in the county government. The ordinance shall establish | 7 |
| the jurisdiction of a code hearing unit that is consistent with | 8 |
| this Division. The "jurisdiction" of a code hearing unit refers | 9 |
| to the particular code violations that it may adjudicate. | 10 |
| (b) Adjudicatory hearings shall be presided over by hearing | 11 |
| officers. The powers and duties of a hearing officer shall | 12 |
| include: | 13 |
| (1) hearing testimony and accepting evidence that is | 14 |
| relevant to the existence of the code violation; | 15 |
| (2) issuing subpoenas directing witnesses to appear | 16 |
| and give relevant testimony at the hearing, upon the | 17 |
| request of the parties or their representatives; | 18 |
| (3) preserving and authenticating the record of the | 19 |
| hearing and all exhibits and evidence introduced at the | 20 |
| hearing; | 21 |
| (4) issuing a determination, based on the evidence | 22 |
| presented at the hearing, of whether a code violation | 23 |
| exists, which shall be in writing and shall include a | 24 |
| written finding of fact, decision, and order including the | 25 |
| fine, penalty, or action with which the defendant must | 26 |
| comply; and |
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| (5) imposing penalties consistent with applicable code | 2 |
| provisions and assessing costs upon finding a party liable | 3 |
| for the charged violation, except, however, that in no | 4 |
| event shall the hearing officer have authority to (i) | 5 |
| impose a penalty of incarceration or (ii) impose a fine in | 6 |
| excess of $50,000, or at the option of the county, such | 7 |
| other amount not to exceed the maximum amount established | 8 |
| by the Mandatory Arbitration System as prescribed by the | 9 |
| Rules of the Illinois Supreme Court from time to time for | 10 |
| the judicial circuit in which the county is located. The | 11 |
| maximum monetary fine under this item (5), shall be | 12 |
| exclusive of costs of enforcement or costs imposed to | 13 |
| secure compliance with the county's ordinances and shall | 14 |
| not be applicable to cases to enforce the collection of any | 15 |
| tax imposed and collected by the county. | 16 |
| (c) Prior to conducting administrative adjudication | 17 |
| proceedings, administrative hearing officers shall have | 18 |
| successfully completed a formal training program that includes | 19 |
| the following: | 20 |
| (1) instruction on the rules of procedure of the | 21 |
| administrative hearings that they will conduct; | 22 |
| (2) orientation to each subject area of the code | 23 |
| violations that they will adjudicate; | 24 |
| (3) observation of administrative hearings; and | 25 |
| (4) participation in hypothetical cases, including | 26 |
| ruling on evidence and issuing final orders. |
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| In addition, every administrative hearing officer must be | 2 |
| an attorney licensed to practice law in the State of Illinois | 3 |
| for at least 3 years. | 4 |
| (d) A proceeding before a code hearing unit shall be | 5 |
| instituted upon the filing of a written pleading by an | 6 |
| authorized official of the county. | 7 |
| (55 ILCS 5/5-43025 new) | 8 |
| Sec. 5-43025. Administrative hearing proceedings. | 9 |
| (a) Any ordinance establishing a system of administrative | 10 |
| adjudication, pursuant to this Division, shall afford parties | 11 |
| due process of law, including notice and opportunity for | 12 |
| hearing. Parties shall be served with process in a manner | 13 |
| reasonably calculated to give them actual notice, including, as | 14 |
| appropriate, personal service of process upon a party or its | 15 |
| employees or agents; service by mail at a party's address; or | 16 |
| notice that is posted upon the property where the violation is | 17 |
| found when the party is the owner or manager of the property. | 18 |
| In counties with a population under 3,000,000, if the notice | 19 |
| requires the respondent to answer within a certain amount of | 20 |
| time, the county must reply to the answer within the same | 21 |
| amount of time afforded to the respondent. | 22 |
| (b) Parties shall be given notice of an adjudicatory | 23 |
| hearing that includes the type and nature of the code violation | 24 |
| to be adjudicated, the date and location of the adjudicatory | 25 |
| hearing, the legal authority and jurisdiction under which the |
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| hearing is to be held, and the penalties for failure to appear | 2 |
| at the hearing. | 3 |
| (c) Parties shall be provided with an opportunity for a | 4 |
| hearing during which they may be represented by counsel, | 5 |
| present witnesses, and cross-examine opposing witnesses. | 6 |
| Parties may request the hearing officer to issue subpoenas to | 7 |
| direct the attendance and testimony of relevant witnesses and | 8 |
| the production of relevant documents. Hearings shall be | 9 |
| scheduled with reasonable promptness, except that for hearings | 10 |
| scheduled in all non-emergency situations, if requested by the | 11 |
| defendant, the defendant shall have at least 15 days after | 12 |
| service of process to prepare for a hearing. For purposes of | 13 |
| this subsection (c), "non-emergency situation" means any | 14 |
| situation that does not reasonably constitute a threat to the | 15 |
| public interest, safety, or welfare. If service is provided by | 16 |
| mail, the 15-day period shall begin to run on the day that the | 17 |
| notice is deposited in the mail. | 18 |
| (55 ILCS 5/5-43030 new) | 19 |
| Sec. 5-43030. Rules of evidence shall not govern. The | 20 |
| formal and technical rules of evidence do not apply in an | 21 |
| adjudicatory hearing permitted under this Division. Evidence, | 22 |
| including hearsay, may be admitted only if it is of a type | 23 |
| commonly relied upon by reasonably prudent persons in the | 24 |
| conduct of their affairs. |
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| (55 ILCS 5/5-43035 new) | 2 |
| Sec. 5-43035. Enforcement of judgment. | 3 |
| (a) Any fine, other sanction, or costs imposed, or part of | 4 |
| any fine, other sanction, or costs imposed, remaining unpaid | 5 |
| after the exhaustion of or the failure to exhaust judicial | 6 |
| review procedures under the Illinois Administrative Review Law | 7 |
| are a debt due and owing the county and may be collected in | 8 |
| accordance with applicable law. | 9 |
| (b) After expiration of the period in which judicial review | 10 |
| under the Illinois Administrative Review Law may be sought for | 11 |
| a final determination of a code violation, unless stayed by a | 12 |
| court of competent jurisdiction, the findings, decision, and | 13 |
| order of the hearing officer may be enforced in the same manner | 14 |
| as a judgment entered by a court of competent jurisdiction. | 15 |
| (c) In any case in which a defendant has failed to comply | 16 |
| with a judgment ordering a defendant to correct a code | 17 |
| violation or imposing any fine or other sanction as a result of | 18 |
| a code violation, any expenses incurred by a county to enforce | 19 |
| the judgment, including, but not limited to, attorney's fees, | 20 |
| court costs, and costs related to property demolition or | 21 |
| foreclosure, after they are fixed by a court of competent | 22 |
| jurisdiction or a hearing officer, shall be a debt due and | 23 |
| owing the county and may be collected in accordance with | 24 |
| applicable law. Prior to any expenses being fixed by a hearing | 25 |
| officer pursuant to this subsection (c), the county shall | 26 |
| provide notice to the defendant that states that the defendant |
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| shall appear at a hearing before the administrative hearing | 2 |
| officer to determine whether the defendant has failed to comply | 3 |
| with the judgment. The notice shall set the date for the | 4 |
| hearing, which shall not be less than 7 days after the date | 5 |
| that notice is served. If notice is served by mail, the 7-day | 6 |
| period shall begin to run on the date that the notice was | 7 |
| deposited in the mail. | 8 |
| (d) Upon being recorded in the manner required by Article | 9 |
| XII of the Code of Civil Procedure or by the Uniform Commercial | 10 |
| Code, a lien shall be imposed on the real estate or personal | 11 |
| estate, or both, of the defendant in the amount of any debt due | 12 |
| and owing the county under this Section. The lien may be | 13 |
| enforced in the same manner as a judgment lien pursuant to a | 14 |
| judgment of a court of competent jurisdiction. | 15 |
| (e) A hearing officer may set aside any judgment entered by | 16 |
| default and set a new hearing date, upon a petition filed | 17 |
| within 21 days after the issuance of the order of default, if | 18 |
| the hearing officer determines that the petitioner's failure to | 19 |
| appear at the hearing was for good cause or at any time if the | 20 |
| petitioner establishes that the county did not provide proper | 21 |
| service of process. If any judgment is set aside pursuant to | 22 |
| this subsection (e), the hearing officer shall have authority | 23 |
| to enter an order extinguishing any lien that has been recorded | 24 |
| for any debt due and owing the county as a result of the | 25 |
| vacated default judgment. |
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| (55 ILCS 5/5-43040 new) | 2 |
| Sec. 5-43040. Impact on existing administrative | 3 |
| adjudication systems. This Division does not affect the | 4 |
| validity of systems of administrative adjudication that were | 5 |
| authorized by State law, including home rule authority, and in | 6 |
| existence before the effective date of this amendatory Act of | 7 |
| the 96th General Assembly. | 8 |
| (55 ILCS 5/5-43045 new) | 9 |
| Sec. 5-43045. Impact on home rule authority. This Division | 10 |
| does not preempt counties from adopting other systems of | 11 |
| administrative adjudication pursuant to their home rule | 12 |
| powers. | 13 |
| Section 10. The Illinois Vehicle Code is amended by | 14 |
| changing Sections 6-306.5 and 11-208.3 as follows:
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| (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 17 |
| parking,
compliance, or automated traffic law violations; | 18 |
| suspension of driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 20 |
| subsection (c) of
this Section, from
any municipality or county | 21 |
| stating that the owner of a registered vehicle has: (1) failed
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| to pay any fine or penalty due and owing as a result of 10 or | 23 |
| more violations
of a
municipality's or county's vehicular |
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| standing, parking, or compliance
regulations established by
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| ordinance pursuant to Section 11-208.3 of this Code, or (2) | 3 |
| failed to pay any
fine or penalty due and owing as a result of 5 | 4 |
| offenses for automated traffic
violations as defined in
Section | 5 |
| 11-208.6 or 11-1201.1, the Secretary of State
shall suspend the | 6 |
| driving privileges of such person in accordance with the
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| procedures set forth in this Section.
The Secretary shall also | 8 |
| suspend the driving privileges of an owner of a
registered | 9 |
| vehicle upon receipt of a certified report, as prescribed by
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| subsection (f) of this Section, from any municipality or county | 11 |
| stating that such
person has failed to satisfy any fines or | 12 |
| penalties imposed by final judgments
for 5 or more automated | 13 |
| traffic law violations or 10 or more violations of local | 14 |
| standing, parking, or
compliance regulations after
exhaustion | 15 |
| of judicial review procedures.
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| (b) Following receipt of the certified report of the | 17 |
| municipality or county as
specified in this Section, the | 18 |
| Secretary of State shall notify the person
whose name appears | 19 |
| on the certified report that
the person's
drivers license will | 20 |
| be suspended at the end of a specified period of time
unless | 21 |
| the Secretary of State is presented with a notice from the
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| municipality or county certifying that the fine or penalty due
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| and owing the municipality or county has been paid or that | 24 |
| inclusion of that
person's name on the certified report was in | 25 |
| error. The Secretary's notice
shall state in substance the | 26 |
| information
contained in the municipality's or county's |
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| certified report to the Secretary, and
shall be effective as | 2 |
| specified by subsection (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal or county | 4 |
| official notifying the
Secretary of State of unpaid fines or | 5 |
| penalties pursuant to this Section
shall be certified and shall | 6 |
| contain the following:
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| (1) The name, last known address as recorded with the | 8 |
| Secretary of State, as provided by the lessor of the cited | 9 |
| vehicle at the time of lease, or as recorded in a United | 10 |
| States Post Office approved database if any notice sent | 11 |
| under Section 11-208.3 of this Code is returned as | 12 |
| undeliverable, and drivers license number of the
person who | 13 |
| failed to pay the fine or
penalty and the registration | 14 |
| number of any vehicle known to be registered
to such person | 15 |
| in this State.
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| (2) The name of the municipality or county making the | 17 |
| report pursuant to this
Section.
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| (3) A statement that the municipality or county sent a | 19 |
| notice of impending
drivers license suspension as | 20 |
| prescribed by ordinance enacted
pursuant to Section | 21 |
| 11-208.3, to the person named in the report at the
address | 22 |
| recorded with the Secretary of State or at the last address | 23 |
| known to the lessor of the cited vehicle at the time of | 24 |
| lease or, if any notice sent under Section 11-208.3 of this | 25 |
| Code is returned as undeliverable, at the last known | 26 |
| address recorded in a United States Post Office approved |
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| database; the date on which such
notice was sent; and the | 2 |
| address to which such notice was sent.
In a municipality or | 3 |
| county with a population of 1,000,000 or more, the report | 4 |
| shall
also include a statement that the alleged violator's | 5 |
| State vehicle registration
number and vehicle make, if | 6 |
| specified on the automated traffic law violation notice, | 7 |
| are correct as they appear on the citations.
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| (d) Any municipality or county making a certified report to | 9 |
| the Secretary of State
pursuant to this Section
shall notify | 10 |
| the Secretary of State, in a form prescribed by the
Secretary, | 11 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 13 |
| municipality or county determines
that the original report was | 14 |
| in error. A certified copy of such
notification shall also be | 15 |
| given upon request and at no additional charge
to the person | 16 |
| named therein. Upon receipt of the municipality's
or county's | 17 |
| notification or presentation of a certified copy of such | 18 |
| notification, the
Secretary of State shall terminate the | 19 |
| suspension.
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| (e) Any municipality or county making a certified report to | 21 |
| the Secretary of State
pursuant to this Section
shall also by | 22 |
| ordinance establish procedures for persons to
challenge the | 23 |
| accuracy of the certified report. The ordinance shall also
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| state the grounds for such a challenge, which may be limited to | 25 |
| (1) the
person not having been the owner or lessee of the | 26 |
| vehicle or vehicles
receiving 10 or more standing, parking, or |
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| compliance
violation notices or 5 or more automated traffic law | 2 |
| violations on the date or dates such notices were issued; and | 3 |
| (2) the
person
having already paid the fine or penalty for the | 4 |
| 10 or more standing, parking, or compliance violations or 5 or | 5 |
| more automated traffic law violations
indicated on the | 6 |
| certified report.
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| (f) Any municipality or county , other than a municipality | 8 |
| or county establishing vehicular
standing, parking, and | 9 |
| compliance regulations pursuant to
Section 11-208.3 or | 10 |
| automated traffic law regulations under Section 11-208.6 or | 11 |
| 11-1201.1, may also
cause a suspension of a person's drivers | 12 |
| license pursuant to this Section.
Such municipality or county | 13 |
| may invoke this sanction by making a certified report to
the | 14 |
| Secretary of State upon a person's failure to satisfy any fine | 15 |
| or
penalty imposed by final judgment for 10 or more violations | 16 |
| of local
standing, parking, or compliance regulations or 5 or | 17 |
| more automated traffic law violations after exhaustion
of | 18 |
| judicial review
procedures, but only if:
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| (1) the municipality or county complies with the | 20 |
| provisions of this Section in all
respects except in regard | 21 |
| to enacting an ordinance pursuant to Section
11-208.3;
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| (2) the municipality or county has sent a notice of | 23 |
| impending
drivers license suspension as prescribed by an | 24 |
| ordinance enacted pursuant to
subsection (g) of this | 25 |
| Section; and
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| (3) in municipalities or counties with a population of |
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| 1,000,000 or more, the
municipality
or county has verified | 2 |
| that the alleged violator's State vehicle registration | 3 |
| number and
vehicle make are correct as they appear on the | 4 |
| citations.
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| (g) Any municipality or county , other than a municipality | 6 |
| or county establishing
standing, parking, and compliance | 7 |
| regulations pursuant to
Section 11-208.3 or automated traffic | 8 |
| law regulations under Section 11-208.6 or 11-1201.1, may | 9 |
| provide by
ordinance for the sending of a notice of impending
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| drivers license suspension to the person who has failed to | 11 |
| satisfy any fine
or penalty imposed by final judgment for 10 or | 12 |
| more violations of local
standing, parking, or compliance | 13 |
| regulations or 5 or more automated traffic law violations after | 14 |
| exhaustion
of
judicial review
procedures. An ordinance so | 15 |
| providing shall specify that the notice
sent to the person | 16 |
| liable for any fine or penalty
shall state that failure to pay | 17 |
| the fine or
penalty owing within 45 days of the notice's date | 18 |
| will result in the
municipality or county notifying the | 19 |
| Secretary of State that
the person's drivers license is | 20 |
| eligible for suspension pursuant to this
Section.
The notice of | 21 |
| impending drivers license suspension
shall be sent by first | 22 |
| class United States mail, postage prepaid, to the
address
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| recorded with the Secretary of State or at the last address | 24 |
| known to the lessor of the cited vehicle at the time of lease | 25 |
| or, if any notice sent under Section 11-208.3 of this Code is | 26 |
| returned as undeliverable, to the last known address recorded |
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| in a United States Post Office approved database.
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| (h) An administrative hearing to contest an impending | 3 |
| suspension or a
suspension made pursuant to this Section may be | 4 |
| had upon filing a written
request with the Secretary of State. | 5 |
| The filing fee for this hearing shall
be $20, to be paid at the | 6 |
| time the request is made.
A municipality or county which files | 7 |
| a certified report with the Secretary of
State pursuant to this | 8 |
| Section shall reimburse the Secretary for all
reasonable costs | 9 |
| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the | 11 |
| notice
required pursuant to subsection (b) and the costs | 12 |
| incurred by the Secretary
in any hearing conducted with respect | 13 |
| to the report pursuant to this
subsection and any appeal from | 14 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 16 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 18 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 96-478, eff. 1-1-10.)
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| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 21 |
| Sec. 11-208.3. Administrative adjudication of violations | 22 |
| of traffic
regulations concerning the standing, parking, or | 23 |
| condition of
vehicles and automated traffic law violations.
| 24 |
| (a) Any municipality or county may provide by ordinance for | 25 |
| a system of
administrative adjudication of vehicular standing |
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| and parking violations and
vehicle compliance violations as | 2 |
| defined in this subsection and automated traffic law violations | 3 |
| as defined in Section 11-208.6 or 11-1201.1.
The administrative | 4 |
| system shall have as its purpose the fair and
efficient | 5 |
| enforcement of municipal or county regulations through the
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| administrative adjudication of automated traffic law | 7 |
| violations and violations of municipal or county ordinances
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| regulating the standing and parking of vehicles, the condition | 9 |
| and use of
vehicle equipment, and the display of municipal or | 10 |
| county wheel tax licenses within the
municipality's
or county's | 11 |
| borders. The administrative system shall only have authority to | 12 |
| adjudicate
civil offenses carrying fines not in excess of $500 | 13 |
| or requiring the completion of a traffic education program, or | 14 |
| both, that occur after the
effective date of the ordinance | 15 |
| adopting such a system under this Section.
For purposes of this | 16 |
| Section, "compliance violation" means a violation of a
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| municipal or county regulation governing the condition or use | 18 |
| of equipment on a vehicle
or governing the display of a | 19 |
| municipal or county wheel tax license.
| 20 |
| (b) Any ordinance establishing a system of administrative | 21 |
| adjudication
under this Section shall provide for:
| 22 |
| (1) A traffic compliance administrator authorized to
| 23 |
| adopt, distribute and
process parking, compliance, and | 24 |
| automated traffic law violation notices and other notices | 25 |
| required
by this
Section, collect money paid as fines and | 26 |
| penalties for violation of parking
and compliance
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| ordinances and automated traffic law violations, and | 2 |
| operate an administrative adjudication system. The traffic
| 3 |
| compliance
administrator also may make a certified report | 4 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, compliance, or automated | 6 |
| traffic law violation notice
that
shall specify the date,
| 7 |
| time, and place of violation of a parking, standing,
| 8 |
| compliance, or automated traffic law
regulation; the | 9 |
| particular regulation
violated; any requirement to | 10 |
| complete a traffic education program; the fine and any | 11 |
| penalty that may be assessed for late payment or failure to | 12 |
| complete a required traffic education program, or both,
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| when so provided by ordinance; the vehicle make and state | 14 |
| registration
number; and the identification number of the
| 15 |
| person issuing the notice.
With regard to automated traffic | 16 |
| law violations, vehicle make shall be specified on the | 17 |
| automated traffic law violation notice if the make is | 18 |
| available and readily discernible. With regard to | 19 |
| municipalities or counties with a population of 1 million | 20 |
| or more, it
shall be grounds for
dismissal of a parking
| 21 |
| violation if the state registration number or vehicle make | 22 |
| specified is
incorrect. The violation notice shall state | 23 |
| that the completion of any required traffic education | 24 |
| program, the payment of any indicated
fine, and the payment | 25 |
| of any applicable penalty for late payment or failure to | 26 |
| complete a required traffic education program, or both, |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| shall operate as a
final disposition of the violation. The | 2 |
| notice also shall contain
information as to the | 3 |
| availability of a hearing in which the violation may
be | 4 |
| contested on its merits. The violation notice shall specify | 5 |
| the
time and manner in which a hearing may be had.
| 6 |
| (3) Service of the parking, standing, or compliance
| 7 |
| violation notice by affixing the
original or a facsimile of | 8 |
| the notice to an unlawfully parked vehicle or by
handing | 9 |
| the notice to the operator of a vehicle if he or she is
| 10 |
| present and service of an automated traffic law violation | 11 |
| notice by mail to the
address
of the registered owner of | 12 |
| the cited vehicle as recorded with the Secretary of
State | 13 |
| within 30 days after the Secretary of State notifies the | 14 |
| municipality or county of the identity of the owner of the | 15 |
| vehicle, but in no event later than 90 days after the | 16 |
| violation. A person authorized by ordinance to issue and | 17 |
| serve parking,
standing, and compliance
violation notices | 18 |
| shall certify as to the correctness of the facts entered
on | 19 |
| the violation notice by signing his or her name to the | 20 |
| notice at
the time of service or in the case of a notice | 21 |
| produced by a computerized
device, by signing a single | 22 |
| certificate to be kept by the traffic
compliance
| 23 |
| administrator attesting to the correctness of all notices | 24 |
| produced by the
device while it was under his or her | 25 |
| control. In the case of an automated traffic law violation, | 26 |
| the ordinance shall
require
a
determination by a technician |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| employed or contracted by the municipality or county that,
| 2 |
| based on inspection of recorded images, the motor vehicle | 3 |
| was being operated in
violation of Section 11-208.6 or | 4 |
| 11-1201.1 or a local ordinance.
If the technician | 5 |
| determines that the
vehicle entered the intersection as | 6 |
| part of a funeral procession or in order to
yield the | 7 |
| right-of-way to an emergency vehicle, a citation shall not | 8 |
| be issued. The original or a
facsimile of the violation | 9 |
| notice or, in the case of a notice produced by a
| 10 |
| computerized device, a printed record generated by the | 11 |
| device showing the facts
entered on the notice, shall be | 12 |
| retained by the
traffic compliance
administrator, and | 13 |
| shall be a record kept in the ordinary course of
business. | 14 |
| A parking, standing, compliance, or automated traffic law | 15 |
| violation notice issued,
signed and served in
accordance | 16 |
| with this Section, a copy of the notice, or the computer
| 17 |
| generated record shall be prima facie
correct and shall be | 18 |
| prima facie evidence of the correctness of the facts
shown | 19 |
| on the notice. The notice, copy, or computer generated
| 20 |
| record shall be admissible in any
subsequent | 21 |
| administrative or legal proceedings.
| 22 |
| (4) An opportunity for a hearing for the registered | 23 |
| owner of the
vehicle cited in the parking, standing, | 24 |
| compliance, or automated traffic law violation notice in
| 25 |
| which the owner may
contest the merits of the alleged | 26 |
| violation, and during which formal or
technical rules of |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| evidence shall not apply; provided, however, that under
| 2 |
| Section 11-1306 of this Code the lessee of a vehicle cited | 3 |
| in the
violation notice likewise shall be provided an | 4 |
| opportunity for a hearing of
the same kind afforded the | 5 |
| registered owner. The hearings shall be
recorded, and the | 6 |
| person conducting the hearing on behalf of the traffic
| 7 |
| compliance
administrator shall be empowered to administer | 8 |
| oaths and to secure by
subpoena both the attendance and | 9 |
| testimony of witnesses and the production
of relevant books | 10 |
| and papers. Persons appearing at a hearing under this
| 11 |
| Section may be represented by counsel at their expense. The | 12 |
| ordinance may
also provide for internal administrative | 13 |
| review following the decision of
the hearing officer.
| 14 |
| (5) Service of additional notices, sent by first class | 15 |
| United States
mail, postage prepaid, to the address of the | 16 |
| registered owner of the cited
vehicle as recorded with the | 17 |
| Secretary of State or, if any notice to that address is | 18 |
| returned as undeliverable, to the last known address | 19 |
| recorded in a United States Post Office approved database,
| 20 |
| or, under Section 11-1306
of this Code, to the lessee of | 21 |
| the cited vehicle at the last address known
to the lessor | 22 |
| of the cited vehicle at the time of lease or, if any notice | 23 |
| to that address is returned as undeliverable, to the last | 24 |
| known address recorded in a United States Post Office | 25 |
| approved database.
The service shall
be deemed complete as | 26 |
| of the date of deposit in the United States mail.
The |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| notices shall be in the following sequence and shall | 2 |
| include but not be
limited to the information specified | 3 |
| herein:
| 4 |
| (i) A second notice of parking, standing, or | 5 |
| compliance violation. This notice shall specify the
| 6 |
| date and location of the violation cited in the | 7 |
| parking,
standing,
or compliance violation
notice, the | 8 |
| particular regulation violated, the vehicle
make and | 9 |
| state registration number, any requirement to complete | 10 |
| a traffic education program, the fine and any penalty | 11 |
| that may be
assessed for late payment or failure to | 12 |
| complete a traffic education program, or both, when so | 13 |
| provided by ordinance, the availability
of a hearing in | 14 |
| which the violation may be contested on its merits, and | 15 |
| the
time and manner in which the hearing may be had. | 16 |
| The notice of violation
shall also state that failure | 17 |
| to complete a required traffic education program, to | 18 |
| pay the indicated fine and any
applicable penalty, or | 19 |
| to appear at a hearing on the merits in the time and
| 20 |
| manner specified, will result in a final determination | 21 |
| of violation
liability for the cited violation in the | 22 |
| amount of the fine or penalty
indicated, and that, upon | 23 |
| the occurrence of a final determination of violation | 24 |
| liability for the failure, and the exhaustion of, or
| 25 |
| failure to exhaust, available administrative or | 26 |
| judicial procedures for
review, any incomplete traffic |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| education program or any unpaid fine or penalty, or | 2 |
| both, will constitute a debt due and owing
the | 3 |
| municipality or county .
| 4 |
| (ii) A notice of final determination of parking, | 5 |
| standing,
compliance, or automated traffic law | 6 |
| violation liability.
This notice shall be sent | 7 |
| following a final determination of parking,
standing, | 8 |
| compliance, or automated traffic law
violation | 9 |
| liability and the conclusion of judicial review | 10 |
| procedures taken
under this Section. The notice shall | 11 |
| state that the incomplete traffic education program or | 12 |
| the unpaid fine or
penalty, or both, is a debt due and | 13 |
| owing the municipality or county . The notice shall | 14 |
| contain
warnings that failure to complete any required | 15 |
| traffic education program or to pay any fine or penalty | 16 |
| due and owing the
municipality or county , or both, | 17 |
| within the time specified may result in the | 18 |
| municipality's
or county's filing of a petition in the | 19 |
| Circuit Court to have the incomplete traffic education | 20 |
| program or unpaid
fine or penalty, or both, rendered a | 21 |
| judgment as provided by this Section, or may
result in | 22 |
| suspension of the person's drivers license for failure | 23 |
| to complete a traffic education program or to pay
fines | 24 |
| or penalties, or both, for 10 or more parking | 25 |
| violations under Section 6-306.5 or 5 or more automated | 26 |
| traffic law violations under Section 11-208.6.
|
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| (6) A notice of impending drivers license suspension. | 2 |
| This
notice shall be sent to the person liable for failure | 3 |
| to complete a required traffic education program or to pay | 4 |
| any fine or penalty that
remains due and owing, or both, on | 5 |
| 10 or more parking
violations or 5 or more unpaid automated | 6 |
| traffic law violations. The notice
shall state that failure | 7 |
| to complete a required traffic education program or to pay | 8 |
| the fine or penalty owing, or both, within 45 days of
the | 9 |
| notice's date will result in the municipality or county | 10 |
| notifying the Secretary
of State that the person is | 11 |
| eligible for initiation of suspension
proceedings under | 12 |
| Section 6-306.5 of this Code. The notice shall also state
| 13 |
| that the person may obtain a photostatic copy of an | 14 |
| original ticket imposing a
fine or penalty by sending a | 15 |
| self addressed, stamped envelope to the
municipality or | 16 |
| county along with a request for the photostatic copy.
The | 17 |
| notice of impending
drivers license suspension shall be | 18 |
| sent by first class United States mail,
postage prepaid, to | 19 |
| the address recorded with the Secretary of State or, if any | 20 |
| notice to that address is returned as undeliverable, to the | 21 |
| last known address recorded in a United States Post Office | 22 |
| approved database.
| 23 |
| (7) Final determinations of violation liability. A | 24 |
| final
determination of violation liability shall occur | 25 |
| following failure to complete the required traffic | 26 |
| education program or
to pay the fine or penalty, or both, |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| after a hearing officer's determination of violation | 2 |
| liability and the exhaustion of or failure to exhaust any
| 3 |
| administrative review procedures provided by ordinance. | 4 |
| Where a person
fails to appear at a hearing to contest the | 5 |
| alleged violation in the time
and manner specified in a | 6 |
| prior mailed notice, the hearing officer's
determination | 7 |
| of violation liability shall become final: (A) upon
denial | 8 |
| of a timely petition to set aside that determination, or | 9 |
| (B) upon
expiration of the period for filing the petition | 10 |
| without a
filing having been made.
| 11 |
| (8) A petition to set aside a determination of parking, | 12 |
| standing,
compliance, or automated traffic law violation
| 13 |
| liability that may be filed by a person owing an unpaid | 14 |
| fine or penalty. A petition to set aside a determination of | 15 |
| liability may also be filed by a person required to | 16 |
| complete a traffic education program.
The petition shall be | 17 |
| filed with and ruled upon by the traffic compliance
| 18 |
| administrator in the manner and within the time specified | 19 |
| by ordinance.
The grounds for the petition may be limited | 20 |
| to: (A) the person not having
been the owner or lessee of | 21 |
| the cited vehicle on the date the
violation notice was | 22 |
| issued, (B) the person having already completed the | 23 |
| required traffic education program or paid the fine or
| 24 |
| penalty, or both, for the violation in question, and (C) | 25 |
| excusable failure to
appear at or
request a new date for a | 26 |
| hearing.
With regard to municipalities or counties with a |
|
|
|
HB6239 Engrossed |
- 25 - |
LRB096 17062 RLJ 32383 b |
|
| 1 |
| population of 1 million or more, it
shall be grounds for
| 2 |
| dismissal of a
parking violation if the state registration | 3 |
| number, or vehicle make if specified, is
incorrect. After | 4 |
| the determination of
parking, standing, compliance, or | 5 |
| automated traffic law violation liability has been set | 6 |
| aside
upon a showing of just
cause, the registered owner | 7 |
| shall be provided with a hearing on the merits
for that | 8 |
| violation.
| 9 |
| (9) Procedures for non-residents. Procedures by which | 10 |
| persons who are
not residents of the municipality or county | 11 |
| may contest the merits of the alleged
violation without | 12 |
| attending a hearing.
| 13 |
| (10) A schedule of civil fines for violations of | 14 |
| vehicular standing,
parking, compliance, or automated | 15 |
| traffic law regulations enacted by ordinance pursuant to | 16 |
| this
Section, and a
schedule of penalties for late payment | 17 |
| of the fines or failure to complete required traffic | 18 |
| education programs, provided, however,
that the total | 19 |
| amount of the fine and penalty for any one violation shall
| 20 |
| not exceed $250, except as provided in subsection (c) of | 21 |
| Section 11-1301.3 of this Code.
| 22 |
| (11) Other provisions as are necessary and proper to | 23 |
| carry into
effect the powers granted and purposes stated in | 24 |
| this Section.
| 25 |
| (c) Any municipality or county establishing vehicular | 26 |
| standing, parking,
compliance, or automated traffic law
|
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| regulations under this Section may also provide by ordinance | 2 |
| for a
program of vehicle immobilization for the purpose of | 3 |
| facilitating
enforcement of those regulations. The program of | 4 |
| vehicle
immobilization shall provide for immobilizing any | 5 |
| eligible vehicle upon the
public way by presence of a restraint | 6 |
| in a manner to prevent operation of
the vehicle. Any ordinance | 7 |
| establishing a program of vehicle
immobilization under this | 8 |
| Section shall provide:
| 9 |
| (1) Criteria for the designation of vehicles eligible | 10 |
| for
immobilization. A vehicle shall be eligible for | 11 |
| immobilization when the
registered owner of the vehicle has | 12 |
| accumulated the number of incomplete traffic education | 13 |
| programs or unpaid final
determinations of parking, | 14 |
| standing, compliance, or automated traffic law violation | 15 |
| liability, or both, as
determined by ordinance.
| 16 |
| (2) A notice of impending vehicle immobilization and a | 17 |
| right to a
hearing to challenge the validity of the notice | 18 |
| by disproving liability
for the incomplete traffic | 19 |
| education programs or unpaid final determinations of | 20 |
| parking, standing, compliance, or automated traffic law
| 21 |
| violation liability, or both, listed
on the notice.
| 22 |
| (3) The right to a prompt hearing after a vehicle has | 23 |
| been immobilized
or subsequently towed without the | 24 |
| completion of the required traffic education program or | 25 |
| payment of the outstanding fines and
penalties on parking, | 26 |
| standing, compliance, or automated traffic law violations, |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| or both, for which final
determinations have been
issued. | 2 |
| An order issued after the hearing is a final administrative
| 3 |
| decision within the meaning of Section 3-101 of the Code of | 4 |
| Civil Procedure.
| 5 |
| (4) A post immobilization and post-towing notice | 6 |
| advising the registered
owner of the vehicle of the right | 7 |
| to a hearing to challenge the validity
of the impoundment.
| 8 |
| (d) Judicial review of final determinations of parking, | 9 |
| standing,
compliance, or automated traffic law
violations and | 10 |
| final administrative decisions issued after hearings
regarding | 11 |
| vehicle immobilization and impoundment made
under this Section | 12 |
| shall be subject to the provisions of
the Administrative Review | 13 |
| Law.
| 14 |
| (e) Any fine, penalty, incomplete traffic education | 15 |
| program, or part of any fine or any penalty remaining
unpaid | 16 |
| after the exhaustion of, or the failure to exhaust, | 17 |
| administrative
remedies created under this Section and the | 18 |
| conclusion of any judicial
review procedures shall be a debt | 19 |
| due and owing the municipality or county and, as
such, may be | 20 |
| collected in accordance with applicable law. Completion of any | 21 |
| required traffic education program and payment in full
of any | 22 |
| fine or penalty resulting from a standing, parking,
compliance, | 23 |
| or automated traffic law violation shall
constitute a final | 24 |
| disposition of that violation.
| 25 |
| (f) After the expiration of the period within which | 26 |
| judicial review may
be sought for a final determination of |
|
|
|
HB6239 Engrossed |
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LRB096 17062 RLJ 32383 b |
|
| 1 |
| parking, standing, compliance, or automated traffic law
| 2 |
| violation, the municipality
or county may commence a proceeding | 3 |
| in the Circuit Court for purposes of obtaining a
judgment on | 4 |
| the final determination of violation. Nothing in this
Section | 5 |
| shall prevent a municipality or county from consolidating | 6 |
| multiple final
determinations of parking, standing, | 7 |
| compliance, or automated traffic law violations against a
| 8 |
| person in a proceeding.
Upon commencement of the action, the | 9 |
| municipality or county shall file a certified
copy or record of | 10 |
| the final determination of parking, standing, compliance, or | 11 |
| automated traffic law
violation, which shall be
accompanied by | 12 |
| a certification that recites facts sufficient to show that
the | 13 |
| final determination of violation was
issued in accordance with | 14 |
| this Section and the applicable municipal
or county ordinance. | 15 |
| Service of the summons and a copy of the petition may be by
any | 16 |
| method provided by Section 2-203 of the Code of Civil Procedure | 17 |
| or by
certified mail, return receipt requested, provided that | 18 |
| the total amount of
fines and penalties for final | 19 |
| determinations of parking, standing,
compliance, or automated | 20 |
| traffic law violations does not
exceed $2500. If the court is | 21 |
| satisfied that the final determination of
parking, standing, | 22 |
| compliance, or automated traffic law violation was entered in | 23 |
| accordance with
the requirements of
this Section and the | 24 |
| applicable municipal or county ordinance, and that the | 25 |
| registered
owner or the lessee, as the case may be, had an | 26 |
| opportunity for an
administrative hearing and for judicial |
|
|
|
HB6239 Engrossed |
- 29 - |
LRB096 17062 RLJ 32383 b |
|
| 1 |
| review as provided in this Section,
the court shall render | 2 |
| judgment in favor of the municipality or county and against
the | 3 |
| registered owner or the lessee for the amount indicated in the | 4 |
| final
determination of parking, standing, compliance, or | 5 |
| automated traffic law violation, plus costs.
The judgment shall | 6 |
| have
the same effect and may be enforced in the same manner as | 7 |
| other judgments
for the recovery of money.
| 8 |
| (g) The fee for participating in a traffic education | 9 |
| program under this Section shall not exceed $25. | 10 |
| A low-income individual required to complete a traffic | 11 |
| education program under this Section who provides proof of | 12 |
| eligibility for the federal earned income tax credit under | 13 |
| Section 32 of the Internal Revenue Code or the Illinois earned | 14 |
| income tax credit under Section 212 of the Illinois Income Tax | 15 |
| Act shall not be required to pay any fee for participating in a | 16 |
| required traffic education program. | 17 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; | 18 |
| 96-478, eff. 1-1-10; revised 9-4-09.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|
|
|
HB6239 Engrossed |
- 30 - |
LRB096 17062 RLJ 32383 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 55 ILCS 5/5-41010 |
|
| 4 |
| 55 ILCS 5/Div. 5-43 | 5 |
| heading new |
|
| 6 |
| 55 ILCS 5/5-43005 new |
|
| 7 |
| 55 ILCS 5/5-43010 new |
|
| 8 |
| 55 ILCS 5/5-43015 new |
|
| 9 |
| 55 ILCS 5/5-43020 new |
|
| 10 |
| 55 ILCS 5/5-43025 new |
|
| 11 |
| 55 ILCS 5/5-43030 new |
|
| 12 |
| 55 ILCS 5/5-43035 new |
|
| 13 |
| 55 ILCS 5/5-43040 new |
|
| 14 |
| 55 ILCS 5/5-43045 new |
|
| 15 |
| 625 ILCS 5/6-306.5 |
from Ch. 95 1/2, par. 6-306.5 |
| 16 |
| 625 ILCS 5/11-208.3 |
from Ch. 95 1/2, par. 11-208.3 |
| |
|