Summary as Introduced
Amends the Counties Code and the Illinois Municipal Code. Limits home rule powers in provisions allowing a county or municipality to provide by ordinance for a system of administrative adjudication for ordinance or code violations.
Staff Analysis
House Bill 2458 proposes amendments to the Counties Code and the Illinois Municipal Code. The bill aims to limit home rule powers concerning the establishment of administrative adjudication systems for ordinance or code violations by counties and municipalities. The bill is supported by the Illinois Association of Court Clerks (IACC).
The bill is supported by the Illinois Association of Court Clerks (IACC) and opposed by Cook County and a multitude of cities, villages and towns.
Impetus for the Legislation
The bill was introduced as a result of a Supreme Court decision (Cammacho v. City of Joliet - April 4, 2024) that determined home rule units of government had general authority to administratively adjudicate certain ordinance violations.
The City of Joliet implemented ordinances designating specific truck routes and restricting overweight and overlength vehicles on non-designated roads. Several commercial truck drivers, including Robert Cammacho Jr., were cited for violating these ordinances and were found liable through the city’s administrative adjudication process, resulting in fines. The drivers contested these findings, arguing that Joliet lacked the jurisdiction to adjudicate such violations administratively.
The Illinois Supreme Court held that:
1. Home Rule Authority: Section 1-2.1-2 of the Illinois Municipal Code does not preempt a home rule municipality’s power to administratively adjudicate ordinance violations. This means that home rule municipalities retain the authority to handle such matters through their own administrative systems.
2. Local Ordinance Compliance: Despite upholding the city’s general authority, the court found that Joliet’s own ordinances required certain traffic offenses, specifically those that are “reportable” to the Illinois Secretary of State, to be adjudicated in the circuit court rather than through the city’s administrative process. Since the violations in question were reportable offenses, the administrative decisions were deemed improper under Joliet’s ordinances.
The court affirmed the appellate court’s reversal of the administrative decisions, not due to a lack of municipal authority, but because Joliet did not adhere to its own procedural requirements for handling specific traffic violations.
Impact of HB 2458 on Counties
• Restriction of Home Rule Powers: The bill explicitly limits the ability of home rule units—counties and municipalities with self-governing authority—to independently establish administrative adjudication systems for local ordinance or code violations. This represents a shift in authority from local governments to the state legislature, reducing local autonomy in this area. Cook County is the only home rule county in Illinois.
Amendment 1 (Adopted)
House Amendment 1 amends the introduced bill to restrict home rule counties from using administrative adjudication systems to handle certain traffic-related offenses. The bill as introduced would have applied the preemption for all administratively adjudicated ordinance violations.
The amendment proposes home rule counties (Cook), may not use administrative adjudication to process:
• Offenses under the Illinois Vehicle Code that involve the movement of vehicles (e.g., speeding, running a red light).
• Reportable offenses under Section 6-204 of the Illinois Vehicle Code, which includes violations that must be reported to the Secretary of State and often affect a driver’s record or license status.
• Similar offenses under a county ordinance that mirror these state-level violations.
Witness slips in support or opposition to House Amendment 1 are available via this link.