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| | SB1605 Engrossed | | LRB100 08156 AWJ 18250 b |
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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 |