Full Text of SB0377 99th General Assembly
SB0377sam001 99TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 377
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 377 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 5-43010, 5-43015, 5-43020, 5-43035, and 5-43045 as | 6 | | follows: | 7 | | (55 ILCS 5/5-43010) | 8 | | Sec. 5-43010. Administrative adjudication of county code | 9 | | violations ; definitions . | 10 | | (a) Any county may provide by ordinance for a system of | 11 | | administrative adjudication of county code violations to the | 12 | | extent permitted by the Illinois Constitution. | 13 | | (b) Any county may provide by ordinance for a system of | 14 | | administrative adjudication of violations of ordinances | 15 | | enacted by a unit of local government where (i) the county and | 16 | | the unit of local government have entered into an |
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| 1 | | intergovernmental agreement that provides for administrative | 2 | | adjudication of violations of the unit of local government's | 3 | | ordinances by an agency in the county government, and (ii) the | 4 | | violation occurred within the boundaries of the county. | 5 | | (c) "Participating unit of local government" means a unit | 6 | | of local government that has entered into an intergovernmental | 7 | | agreement with a county under this Division for the | 8 | | administrative adjudication of violations of its ordinances by | 9 | | an agency of the county government. | 10 | | (d) "System A "system of administrative adjudication" | 11 | | means the adjudication of any violation of an a county | 12 | | ordinance, except for (i) proceedings not within the statutory | 13 | | or the home rule authority of counties or the participating | 14 | | unit of local government ; and (ii) any offense under the | 15 | | Illinois Vehicle Code (or a similar offense that is a traffic | 16 | | regulation governing the movement of vehicles and except for | 17 | | any reportable offense under Section 6-204 of the Illinois | 18 | | Vehicle Code).
| 19 | | (e) "Unit of local government" has the meaning provided in | 20 | | Section 1 of Article VII of the Illinois Constitution. | 21 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 22 | | (55 ILCS 5/5-43015) | 23 | | Sec. 5-43015. Administrative adjudication procedures not | 24 | | exclusive. The adoption by a county of a system of | 25 | | administrative adjudication does not preclude the county from |
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| 1 | | using other methods to enforce county ordinances. An | 2 | | intergovernmental agreement entered into under this Division | 3 | | does not preclude a participating unit of local government from | 4 | | using other methods to enforce its ordinances.
| 5 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 6 | | (55 ILCS 5/5-43020) | 7 | | Sec. 5-43020. Code hearing units; powers of hearing | 8 | | officers. | 9 | | (a) An ordinance establishing a system of administrative | 10 | | adjudication, pursuant to this Division, shall provide for a | 11 | | code hearing unit within an existing agency or as a separate | 12 | | agency in the county government. The ordinance shall establish | 13 | | the jurisdiction of a code hearing unit that is consistent with | 14 | | this Division. The "jurisdiction" of a code hearing unit refers | 15 | | to the particular code violations that it may adjudicate. | 16 | | (b) Adjudicatory hearings shall be presided over by hearing | 17 | | officers. The powers and duties of a hearing officer shall | 18 | | include: | 19 | | (1) hearing testimony and accepting evidence that is | 20 | | relevant to the existence of the code violation; | 21 | | (2) issuing subpoenas directing witnesses to appear | 22 | | and give relevant testimony at the hearing, upon the | 23 | | request of the parties or their representatives; | 24 | | (3) preserving and authenticating the record of the | 25 | | hearing and all exhibits and evidence introduced at the |
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| 1 | | hearing; | 2 | | (4) issuing a determination, based on the evidence | 3 | | presented at the hearing, of whether a code violation | 4 | | exists, which shall be in writing and shall include a | 5 | | written finding of fact, decision, and order including the | 6 | | fine, penalty, or action with which the defendant must | 7 | | comply; and | 8 | | (5) imposing penalties consistent with applicable code | 9 | | provisions and assessing costs upon finding a party liable | 10 | | for the charged violation, except, however, that in no | 11 | | event shall the hearing officer have authority to (i) | 12 | | impose a penalty of incarceration or (ii) impose a fine in | 13 | | excess of $50,000, or at the option of the county or the | 14 | | participating unit of local government where the fine is | 15 | | imposed for a violation of an ordinance of the | 16 | | participating unit of local government , such other amount | 17 | | not to exceed the maximum amount established by the | 18 | | Mandatory Arbitration System as prescribed by the Rules of | 19 | | the Illinois Supreme Court from time to time for the | 20 | | judicial circuit in which the county is located. The | 21 | | maximum monetary fine under this item (5), shall be | 22 | | exclusive of costs of enforcement or costs imposed to | 23 | | secure compliance with the county's ordinances and shall | 24 | | not be applicable to cases to enforce the collection of any | 25 | | tax imposed and collected by the county. | 26 | | (c) Prior to conducting administrative adjudication |
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| 1 | | proceedings, administrative hearing officers shall have | 2 | | successfully completed a formal training program that includes | 3 | | the following: | 4 | | (1) instruction on the rules of procedure of the | 5 | | administrative hearings that they will conduct; | 6 | | (2) orientation to each subject area of the code | 7 | | violations that they will adjudicate; | 8 | | (3) observation of administrative hearings; and | 9 | | (4) participation in hypothetical cases, including | 10 | | ruling on evidence and issuing final orders. | 11 | | In addition, every administrative hearing officer must be | 12 | | an attorney licensed to practice law in the State of Illinois | 13 | | for at least 3 years. | 14 | | (d) A proceeding before a code hearing unit shall be | 15 | | instituted upon the filing of a written pleading by an | 16 | | authorized official of the county or participating unit of | 17 | | local government .
| 18 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 19 | | (55 ILCS 5/5-43035) | 20 | | Sec. 5-43035. Enforcement of judgment. | 21 | | (a) Any fine, other sanction, or costs imposed, or part of | 22 | | any fine, other sanction, or costs imposed, remaining unpaid | 23 | | after the exhaustion of or the failure to exhaust judicial | 24 | | review procedures under the Illinois Administrative Review Law | 25 | | are a debt due and owing the county or the participating unit |
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| 1 | | of local government where the fine is imposed for a violation | 2 | | of an ordinance of the participating unit of local government | 3 | | and may be collected in accordance with applicable law. | 4 | | (b) After expiration of the period in which judicial review | 5 | | under the Illinois Administrative Review Law may be sought for | 6 | | a final determination of a code violation, unless stayed by a | 7 | | court of competent jurisdiction, the findings, decision, and | 8 | | order of the hearing officer may be enforced in the same manner | 9 | | as a judgment entered by a court of competent jurisdiction. | 10 | | (c) In any case in which a defendant has failed to comply | 11 | | with a judgment ordering a defendant to correct a code | 12 | | violation or imposing any fine or other sanction as a result of | 13 | | a code violation, any expenses incurred by a county or the | 14 | | participating unit of local government where the fine is | 15 | | imposed for a violation of an ordinance of the participating | 16 | | unit of local government to enforce the judgment, including, | 17 | | but not limited to, attorney's fees, court costs, and costs | 18 | | related to property demolition or foreclosure, after they are | 19 | | fixed by a court of competent jurisdiction or a hearing | 20 | | officer, shall be a debt due and owing the county or the | 21 | | participating unit of local government where the fine is | 22 | | imposed for a violation of an ordinance of the participating | 23 | | unit of local government and may be collected in accordance | 24 | | with applicable law. Prior to any expenses being fixed by a | 25 | | hearing officer pursuant to this subsection (c), the county or | 26 | | the participating unit of local government where the fine is |
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| 1 | | imposed for a violation of an ordinance of the participating | 2 | | unit of local government shall provide notice to the defendant | 3 | | that states that the defendant shall appear at a hearing before | 4 | | the administrative hearing officer to determine whether the | 5 | | defendant has failed to comply with the judgment. The notice | 6 | | shall set the date for the hearing, which shall not be less | 7 | | than 7 days after the date that notice is served. If notice is | 8 | | served by mail, the 7-day period shall begin to run on the date | 9 | | that the notice was deposited in the mail. | 10 | | (d) Upon being recorded in the manner required by Article | 11 | | XII of the Code of Civil Procedure or by the Uniform Commercial | 12 | | Code, a lien shall be imposed on the real estate or personal | 13 | | estate, or both, of the defendant in the amount of any debt due | 14 | | and owing the county or the participating unit of local | 15 | | government where the fine is imposed for a violation of an | 16 | | ordinance of the participating unit of local government under | 17 | | this Section. The lien may be enforced in the same manner as a | 18 | | judgment lien pursuant to a judgment of a court of competent | 19 | | jurisdiction. | 20 | | (e) A hearing officer may set aside any judgment entered by | 21 | | default and set a new hearing date, upon a petition filed | 22 | | within 21 days after the issuance of the order of default, if | 23 | | the hearing officer determines that the petitioner's failure to | 24 | | appear at the hearing was for good cause or at any time if the | 25 | | petitioner establishes that the county or the participating | 26 | | unit of local government where the fine is imposed for a |
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| 1 | | violation of an ordinance of the participating unit of local | 2 | | government did not provide proper service of process. If any | 3 | | judgment is set aside pursuant to this subsection (e), the | 4 | | hearing officer shall have authority to enter an order | 5 | | extinguishing any lien that has been recorded for any debt due | 6 | | and owing the county or the participating unit of local | 7 | | government where the fine is imposed for a violation of an | 8 | | ordinance of the participating unit of local government as a | 9 | | result of the vacated default judgment.
| 10 | | (Source: P.A. 96-1386, eff. 7-29-10.) | 11 | | (55 ILCS 5/5-43045) | 12 | | Sec. 5-43045. Impact on home rule authority. This Division | 13 | | does not preempt counties or participating units of local | 14 | | government from adopting other systems of administrative | 15 | | adjudication pursuant to their home rule powers (if any) .
| 16 | | (Source: P.A. 96-1386, eff. 7-29-10.)".
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