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Sen. John G. Mulroe
Filed: 5/28/2019
| | 10100HB2862sam003 | | LRB101 10300 AWJ 61296 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2862
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2862, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Counties Code is amended by changing |
| 6 | | Section 5-12012.1 as follows:
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| 7 | | (55 ILCS 5/5-12012.1)
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| 8 | | Sec. 5-12012.1. Actions subject to de novo review; due |
| 9 | | process. |
| 10 | | (a) Any decision by the county board of any county, home |
| 11 | | rule or non-home rule, in regard to any petition or application |
| 12 | | for a special use, variance, rezoning, or other amendment to a |
| 13 | | zoning ordinance shall be subject to de novo judicial review as |
| 14 | | a legislative decision, regardless of whether the process in |
| 15 | | relation thereto is considered administrative for other |
| 16 | | purposes. Any action seeking the judicial review of such a |
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| | 10100HB2862sam003 | - 2 - | LRB101 10300 AWJ 61296 a |
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| 1 | | decision, but not including a facial challenge to a zoning |
| 2 | | ordinance governing the challenger's own property, shall be |
| 3 | | commenced not later than 90 days after the date of the |
| 4 | | decision. |
| 5 | | (b) The principles of substantive and procedural due |
| 6 | | process apply at all stages of the decision-making and review |
| 7 | | of all zoning decisions.
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| 8 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
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| 9 | | Section 10. The Township Code is amended by changing |
| 10 | | Section 110-50.1 as follows:
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| 11 | | (60 ILCS 1/110-50.1)
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| 12 | | Sec. 110-50.1. Actions subject to de novo review; due |
| 13 | | process. |
| 14 | | (a) Any decision by the township board of any township in |
| 15 | | regard to any petition or application for a special use, |
| 16 | | variance, rezoning, or other amendment to a zoning ordinance |
| 17 | | shall be subject to de novo judicial review as a legislative |
| 18 | | decision, regardless of whether the process in relation thereto |
| 19 | | is considered administrative for other purposes. Any action |
| 20 | | seeking the judicial review of such a decision, but not |
| 21 | | including a facial challenge to a zoning ordinance governing |
| 22 | | the challenger's own property, shall be commenced not later |
| 23 | | than 90 days after the date of the decision. |
| 24 | | (b) The principles of substantive and procedural due |
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| | 10100HB2862sam003 | - 3 - | LRB101 10300 AWJ 61296 a |
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| 1 | | process apply at all stages of the decision-making and review |
| 2 | | of all zoning decisions.
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| 3 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
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| 4 | | Section 15. The Illinois Municipal Code is amended by |
| 5 | | changing Section 11-13-25 as follows:
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| 6 | | (65 ILCS 5/11-13-25) |
| 7 | | Sec. 11-13-25. Actions subject to de novo review; due |
| 8 | | process.
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| 9 | | (a) Any decision by the corporate authorities of any |
| 10 | | municipality, home rule or non-home rule, in regard to any |
| 11 | | petition or application for a special use, variance, rezoning, |
| 12 | | or other amendment to a zoning ordinance shall be subject to de |
| 13 | | novo judicial review as a legislative decision, regardless of |
| 14 | | whether the process in relation thereto is considered |
| 15 | | administrative for other purposes. Any action seeking the |
| 16 | | judicial review of such a decision, but not including a facial |
| 17 | | challenge to a zoning ordinance governing the challenger's own |
| 18 | | property, shall be commenced not later than 90 days after the |
| 19 | | date of the decision. |
| 20 | | (b) The principles of substantive and procedural due |
| 21 | | process apply at all stages of the decision-making and review |
| 22 | | of all zoning decisions.
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| 23 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
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