Full Text of HB2862 101st General Assembly
HB2862sam003 101ST GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/28/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2862
| 2 | | AMENDMENT NO. ______. Amend House Bill 2862, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Section 5-12012.1 as follows: | 7 | | (55 ILCS 5/5-12012.1)
| 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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| 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.
| 8 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) | 9 | | Section 10. The Township Code is amended by changing | 10 | | Section 110-50.1 as follows: | 11 | | (60 ILCS 1/110-50.1)
| 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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| 1 | | process apply at all stages of the decision-making and review | 2 | | of all zoning decisions.
| 3 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) | 4 | | Section 15. The Illinois Municipal Code is amended by | 5 | | changing Section 11-13-25 as follows: | 6 | | (65 ILCS 5/11-13-25) | 7 | | Sec. 11-13-25. Actions subject to de novo review; due | 8 | | process.
| 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.
| 23 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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