Bill Amendment: IL HB2839 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIV PRO-ADMINISTRATIVE REVIEW

Status: 2020-05-21 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB2839 Detail]

Download: Illinois-2019-HB2839-House_Amendment_001.html

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Rep. Jennifer Gong-Gershowitz

Filed: 3/6/2019

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AMENDMENT TO HOUSE BILL 2839
AMENDMENT NO. ______. Amend House Bill 2839 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Section 3-110 and by adding Section 3-101.5 as
follows:
(735 ILCS 5/3-101.5 new)
Sec. 3-101.5. Right to judicial review. Unless the action
is governed by the procedures or provisions of another statute,
a person suffering legal wrong because of a final
administrative decision, or adversely affected or aggrieved by
a final administrative decision, is entitled to judicial review
of the final administrative decision to the same extent, with
the same rights and the same responsibilities under this law,
as a person who is a party under this law, except that a person
seeking judicial review under this Section is not entitled to

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relief if there was a previous public hearing at which the
person failed to present his or her position. To the extent
necessary, such a person may provide new or additional evidence
to the court for the limited purpose of demonstrating the legal
wrong or adverse effect or impairment that he or she has
experienced or may experience as a result of the final
administrative decision. The right to judicial review under
this Section is limited to final administrative permitting
decisions made by the Department of Agriculture, Environmental
Protection Agency, Department of Natural Resources, Department
of Public Health, or Department of Transportation that impact
the public trust in the waters and lands of this State, State
parks or natural areas, threatened or endangered species,
surface or ground water quality, air quality, or other matters
affecting the right to a healthful environment under Article XI
of the Illinois Constitution.
For purposes of this Section, "adversely affected or
aggrieved" means a plaintiff demonstrates: (1) an
injury-in-fact that is concrete and particularized, actual,
and imminent; (2) a causal connection between the plaintiff's
injury and the defendant's conduct; and (3) a likelihood that a
decision in the plaintiff's favor would redress the injury.
(735 ILCS 5/3-110) (from Ch. 110, par. 3-110)
Sec. 3-110. Scope of review. Every action to review any
final administrative decision shall be heard and determined by

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the court with all convenient speed. The hearing and
determination shall extend to all questions of law and fact
presented by the entire record before the court. No new or
additional evidence in support of or in opposition to any
finding, order, determination or decision of the
administrative agency shall be heard by the court, except as
provided in Section 3-101.5 of this Code. The findings and
conclusions of the administrative agency on questions of fact
shall be held to be prima facie true and correct.
(Source: P.A. 88-1.)
Section 99. Effective date. This Act takes effect upon
becoming law.".