Sen. Kwame Raoul

Filed: 2/27/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3005 on page 4, by
3replacing lines 5 through 12 with the following:
4    "(735 ILCS 5/3-101.5 new)
5    Sec. 3-101.5. Right to judicial review. Unless the action
6is governed by the procedures or provisions of another statute,
7a person suffering legal wrong because of a final
8administrative decision, or adversely affected or aggrieved by
9a final administrative decision, is entitled to judicial review
10of the final administrative decision to the same extent, with
11the same rights and the same responsibilities under this law,
12as a person who is a party under this law, except that a person
13seeking judicial review under this Section is not entitled to
14relief if there was a previous public hearing at which the
15person failed to present his or her position. To the extent
16necessary, such a person may provide new or additional evidence
17to the court for the limited purpose of demonstrating the legal



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1wrong or adverse effect or impairment that he or she has
2experienced or may experience as a result of the final
3administrative decision. The right to judicial review under
4this Section is limited to final administrative permitting
5decisions made by the Department of Agriculture, Environmental
6Protection Agency, Department of Natural Resources, Department
7of Public Health, or Department of Transportation that impact
8the public trust in the waters and lands of this State, State
9parks or natural areas, threatened or endangered species,
10surface or ground water quality, air quality, or other matters
11affecting the right to a healthful environment under Article XI
12of the Illinois Constitution."; and
13on page 11, by replacing lines 14 through 17 with the
15"the administrative agency shall be heard by the court, except
16as provided in Section 3-101.5 of this Code. The findings and
17conclusions of the administrative agency on questions of fact
18shall be held to be prima facie true and correct.".