Bill Text: IL SB1605 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Counties Code. Provides that a county board decision relating to a petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance is subject to de novo judicial review of the record of the proceeding. Provides that a decision on a procedural matter at any stage of the zoning decision-making and review process is subject to judicial review under the Administrative Review Law.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1605 Detail]
Download: Illinois-2017-SB1605-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-12012.1 as follows:
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6 | (55 ILCS 5/5-12012.1)
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7 | Sec. 5-12012.1. Actions subject to administrative and de | ||||||
8 | novo judicial review; due process. | ||||||
9 | (a) Except as provided for in subsection (b), any Any | ||||||
10 | decision by the county board of any county, home rule or | ||||||
11 | non-home rule, in regard to any petition or application for a | ||||||
12 | special use, variance, rezoning, or other amendment to a zoning | ||||||
13 | ordinance shall be subject to de novo judicial review of the | ||||||
14 | record of that proceeding as a legislative decision, regardless | ||||||
15 | of whether the process in relation thereto is considered | ||||||
16 | administrative for other purposes. Any action seeking the | ||||||
17 | judicial review of such a decision shall be commenced not later | ||||||
18 | than 90 days after the date of the decision. | ||||||
19 | (b) A decision on a procedural matter at any stage of the | ||||||
20 | zoning decision-making and review process is subject to | ||||||
21 | judicial review under the Administrative Review Law. | ||||||
22 | (c) The principles of substantive and procedural due | ||||||
23 | process apply at all stages of the decision-making and review |
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1 | of all zoning decisions.
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2 | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
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