Bill Status of SB 3005   100th General Assembly

Short Description:  ADMINISTRATIVE REVIEW-VARIOUS

Senate Sponsors
Sen. John J. Cullerton, Cristina Castro-Jacqueline Y. Collins-Omar Aquino, Heather A. Steans-David Koehler-Ira I. Silverstein, Julie A. Morrison, Daniel Biss, Iris Y. Martinez and Mattie Hunter

Last Action  View All Actions

DateChamber Action
  1/9/2019SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/3-101from Ch. 110, par. 3-101
735 ILCS 5/3-101.5 new
735 ILCS 5/3-102from Ch. 110, par. 3-102
735 ILCS 5/3-103from Ch. 110, par. 3-103
735 ILCS 5/3-107from Ch. 110, par. 3-107
735 ILCS 5/3-110from Ch. 110, par. 3-110
735 ILCS 5/3-111from Ch. 110, par. 3-111
735 ILCS 5/3-113

Synopsis As Introduced
Amends the Administrative Review Law of the Code of Civil Procedure. In the definition of "administrative decision", changes references to "parties" to "persons". Provides that administrative decisions made reviewable by statute and final administrative decisions for which there is no other adequate remedy in a court are subject to judicial review. Provides that a person suffering legal wrong because of an administrative decision, or adversely affected or aggrieved by an administrative decision, is entitled to judicial review of the administrative decision. Provides that the Administrative Review Law shall apply to and govern every action to review judicially a final decision of any administrative agency unless the action is governed by the procedures or provisions of another statute. Strikes language concerning the scope of the Administrative Review Law. Provides that every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 60 (instead of 35) days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. Makes other changes in Sections concerning commencement of action; defendants; scope of review; powers of the circuit court; and direct review of administrative orders by the appellate court. Effective immediately.

Senate Committee Amendment No. 2
Deletes reference to:
735 ILCS 5/3-101
735 ILCS 5/3-102
735 ILCS 5/3-103
735 ILCS 5/3-107
735 ILCS 5/3-111
735 ILCS 5/3-113

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that 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, as a person who is a party, except that a person seeking judicial review is not entitled to relief if there was a previous public hearing at which the person failed to present his or her position. Provides that 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. Provides that the right to judicial review under the new provisions 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 the Illinois Constitution. Makes a corresponding change in a Section concerning scope of review. Effective immediately.

Actions 
DateChamber Action
  2/15/2018SenateFiled with Secretary by Sen. Kwame Raoul
  2/15/2018SenateFirst Reading
  2/15/2018SenateReferred to Assignments
  2/20/2018SenateAdded as Co-Sponsor Sen. Cristina Castro
  2/21/2018SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  2/21/2018SenateAdded as Chief Co-Sponsor Sen. Omar Aquino
  2/21/2018SenateAdded as Co-Sponsor Sen. Heather A. Steans
  2/21/2018SenateAssigned to Judiciary
  2/22/2018SenateAdded as Chief Co-Sponsor Sen. David Koehler
  2/27/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  2/27/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/27/2018SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  2/27/2018SenateSenate Committee Amendment No. 2 Referred to Assignments
  2/27/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  2/27/2018SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  2/27/2018SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  2/27/2018SenateSenate Committee Amendment No. 2 Adopted
  2/27/2018SenateDo Pass as Amended Judiciary; 010-002-000
  2/27/2018SenatePlaced on Calendar Order of 2nd Reading February 28, 2018
  3/13/2018SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  3/13/2018SenateSponsor Removed Sen. Napoleon Harris, III
  4/6/2018SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  4/10/2018SenateAdded as Co-Sponsor Sen. Daniel Biss
  4/13/2018SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/24/2018SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  4/27/2018SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/27/2018SenateRule 2-10 Third Reading Deadline Established As May 3, 2018
  5/3/2018SenateRule 3-9(a) / Re-referred to Assignments
  1/6/2019SenateChief Sponsor Changed to Sen. John J. Cullerton
  1/9/2019SenateSession Sine Die

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