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HB 2458

LOCAL GOVT-ADMIN ADJUDICATIONS

104th Regular Session Introduced by Jay Hoffman and 2 co-sponsors

HB 2458 limits home-rule local admin adjudication for vehicle code/traffic offenses, shifting such cases to state courts.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · HB 2458

Bill Summary — HB 2458: Local Government — Administrative Adjudications

Status (recent): Re-referred to Assignments (Rule 3‑9(a)), 06/02/2025.
Introduced: February 2025. Sponsors: Rep. Jay Hoffman (primary author), Rep. Robert “Bob” Rita (co-sponsor); Chief Senate Sponsor Sen. Ram Villivalam. Companion: SB 3147. Responds to Illinois Supreme Court opinion Cammacho v. City of Joliet (2024 IL 129263).

Purpose / Intent

HB 2458 clarifies and narrows the authority of home‑rule municipalities and counties to use administrative adjudication systems for ordinance violations. The bill responds to the Cammacho decision and expressly limits local administrative hearings and fines for traffic‑related offenses that are governed by the Illinois Vehicle Code (including offenses reportable under Section 6‑204).

Key Provisions

  • Amends the Counties Code (55 ILCS 5/5‑43010) and the Illinois Municipal Code (65 ILCS 5/1‑2.1‑2 and 1‑2.1‑10) to:
    • State explicitly that Division 2.1 (systems of administrative adjudication) divests home‑rule municipalities of jurisdiction to hold administrative hearings or impose fines for:
    • (i) any offense under the Illinois Vehicle Code that governs the movement of vehicles or is reportable under Section 6‑204, and
    • (ii) any similar offense created by a municipal ordinance.
    • Add a parallel limitation for counties (including home‑rule counties): counties may not use administrative adjudication to resolve (i) any Illinois Vehicle Code traffic offense that is reportable under Section 6‑204, or (ii) a similar county ordinance offense.
    • Clarify the definition of “system of administrative adjudication” to reaffirm these vehicle‑related exceptions.
    • Declare these restrictions a denial/limitation of home‑rule powers under Article VII, Section 6 of the Illinois Constitution.

Who Is Affected

  • Home‑rule and non‑home‑rule municipalities and counties that currently operate (or plan to operate) administrative adjudication systems for local ordinance violations — particularly those enforcing traffic or vehicle‑movement regulations.
  • Drivers and other regulated persons who would otherwise be subject to administrative fines through local adjudication rather than court proceedings.
  • Local governments that rely on administrative adjudication for code enforcement revenue or efficiency; they may have to shift enforcement of vehicle/traffic‑type violations to the judicial system.
  • Courts and prosecutors: possible changes in caseload mix because certain vehicle/traffic violations must be heard in court rather than in administrative hearings.

Practical Effects / Implications

  • Restricts local administrative enforcement options for traffic‑type offenses, shifting jurisdiction toward the state Vehicle Code and judicial processes.
  • Could reduce the use of municipal/county administrative fines for traffic matters — with potential revenue and operational impacts for local adjudication programs.
  • Encourages local governments to review intergovernmental agreements (e.g., counties adjudicating municipal violations) and update ordinances to align with clarified limits.
  • May increase court filings for traffic/vehicle offenses previously resolved administratively.

Procedural / Timeline Notes

  • Bill was debated and amended in the House (House Floor Amendment 1 adopted). House passage and transmittal to the Senate occurred in spring 2025. As of 06/02/2025 the measure was re‑referred to Assignments under Rule 3‑9(a) in the Senate. Companion bill SB 3147 tracks related consideration.

Bill is technical and narrowly targeted to reconcile statutory language with the Illinois Supreme Court ruling in Cammacho; its central legal effect is to preclude local administrative adjudication of vehicle‑movement/traffic offenses covered by the Vehicle Code.

Compiled from official sources — confirm details with the bill’s official record.

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