HB2745 99TH GENERAL ASSEMBLY

LRB099 06857 AWJ 26935 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2745

Introduced , by Rep. Steven Andersson

SYNOPSIS AS INTRODUCED:

65 ILCS 5/1-2.1-1
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.1-9.5 new
65 ILCS 5/1-2.2-10
65 ILCS 5/1-2.2-65 new

Amends the Illinois Municipal Code. Provides that the division regarding administrative adjudications is applicable to municipalities that are both home rule and non-home rule units (rather than to just home rule units). Repeals the Code Hearing Departments Division concerning code hearing departments in non-home rule units of local government 90 days after the effective date of this amendatory Act. Provides that 90 days after the effective date of this amendatory Act all code hearing departments formed under the repealed division shall conduct code enforcement, hearings, and all actions in accordance with the provisions of the Administrative Adjudications division. Further provides for other changes allowing code enforcement departments created under the Code Hearing Departments Division to operate pursuant to the Administrative Adjudications division. Effective immediately.

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 5. The Illinois Municipal Code is amended by changing Sections 1-2.1-1, 1-2.1-2, and 1-2.2-10 and by adding Sections 1-2.1-9.5 and 1-2.2-65 as follows:

(65 ILCS 5/1-2.1-1)

Sec. 1-2.1-1. Applicability. This Division 2.1 applies only to municipalities that are both home rule units and non-home rule units.

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

(65 ILCS 5/1-2.1-2)

Sec. 1-2.1-2. Administrative adjudication of municipal code violations. 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; and (iii) that non-home rule units' adjudication of building code violations must be adjudicated pursuant to Division 31.1 of Article 11 of this Act.

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

(65 ILCS 5/1-2.1-9.5 new)

Sec. 1-2.1-9.5. Impact on existing ordinances and code hearing departments.

(a) On or after the effective date of this amendatory Act of the 99th General Assembly, code hearing departments created under Division 2.2 of this Article may obtain judgments on liens as allowed in this Division 2.1.

(b) 90 days after the effective date of this amendatory Act of the 99th General Assembly the following shall occur:

(1) All code hearing departments created pursuant to Division 2.2 of this Article shall conduct code enforcement, hearings, and all other actions in accordance with the provisions of this Division 2.1.

(2) Any ordinances adopted and code hearing departments created under Division 2.2 of this Article shall be considered adopted and created pursuant to this Division 2.1.

(3) Any hearing officer who was qualified pursuant to Division 2.2 of this Article shall be considered qualified as a hearing officer under this Division 2.1.

(4) Any person authorized to issue code violations pursuant to Division 2.2 of this Article shall have full authority to administer municipal code violations pursuant to this Division 2.1.

(65 ILCS 5/1-2.2-10)

Sec. 1-2.2-10. Code hearing department. The corporate authorities of any municipality may adopt this Division and establish a code hearing department within an existing code enforcement agency or as a separate and independent agency in the municipal government. The function of the hearing department is to expedite the prosecution and correction of code violations in the manner set forth in this Division.

The code hearing department may adjudicate any violation of a municipal ordinance except for (i) building code violations that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under the Illinois Vehicle Code or 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.

However, no municipality may enact any new ordinances creating or modifying a code hearing departments pursuant to this Division after the effective date of this amendatory Act of the 99th General Assembly.

(Source: P.A. 90-777, eff. 1-1-99.)

(65 ILCS 5/1-2.2-65 new)

Sec. 1-2.2-65. Repeal. This Division shall be repealed 90 days after the effective date of this amendatory Act of the 99th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.