summary
Introduced
02/07/2025
02/07/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Counties Code and the Illinois Municipal Code. In provisions concerning administrative adjudication hearings of code and ordinance violations, provides that (i) powers and duties of a hearing officer include swearing in individuals who provide testimony; (ii) all oral testimony shall be sworn to under oath or affirmation; and (iii) a citation or notice of violation sworn to under oath or affirmation taken under certification under specified provisions of the Code of Civil Procedure is prima facie evidence of the correctness of the facts specified that may be rebutted by a preponderance of the evidence. Makes similar changes to provisions concerning adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles, automated traffic law violations, and automated speed enforcement system violations in the Illinois Vehicle Code. Amends the Oaths and Affirmations Act. Provides that an administrative law judge, hearing officer, or adjudicator may administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them when presiding over a proceeding for a local public entity if the administrative law judge, hearing officer, or adjudicator has neither been convicted of a felony nor removed from office by the Illinois Courts Commission. Amends the Criminal Code of 2012. Provides that a person commits perjury when, under oath, certification, or affirmation (rather than when, under oath or affirmation), in a proceeding or in any other matter where by the law, the oath, certification, or affirmation (rather where by the law, under oath or affirmation), is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that an administrative law judge or hearing officer is not answerable personally in law or equity for the direct or indirect consequences of any finding of fact or conclusion of law made by the administrative law judge or hearing officer in the course of the administrative law judge's or hearing officer's official duties. Defines administrative law judge.
AI Summary
This bill makes several modifications to administrative adjudication processes across multiple Illinois legal codes, focusing on enhancing the procedural integrity of administrative hearings. Specifically, the bill grants administrative law judges, hearing officers, and adjudicators the power to swear in witnesses and require all oral testimony to be given under oath or affirmation. The bill also establishes that citations or notices of violation sworn under oath or affirmation are considered prima facie evidence, which can be rebutted by a preponderance of the evidence. Additionally, the bill provides legal protection for administrative law judges and hearing officers, stating that they cannot be personally liable for findings of fact or conclusions of law made during their official duties. The bill further clarifies the definition of an administrative law judge as an independent contractor or employee who serves in a quasi-judicial function, regardless of their specific title. These changes apply to various administrative proceedings, including those related to code violations, traffic regulations, parking infractions, and other local government enforcement mechanisms, with the aim of standardizing and strengthening administrative hearing procedures across different jurisdictions and types of administrative proceedings.
Committee Categories
Justice
Sponsors (1)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3536&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3536.htm |
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