Local Government Committee
Filed: 4/19/2006
 
 

 




 

 		












09400SB0094ham001

LRB094 07025 RCE 58226 a






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AMENDMENT TO SENATE BILL 94




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    AMENDMENT NO. ______. Amend Senate Bill 94 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Counties Code is amended  by adding Section 
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5-12012.1 as follows:
 
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    (55 ILCS 5/5-12012.1 new)

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    Sec. 5-12012.1. Actions subject to de novo review; due 
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process.
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    (a) Any special use, variance, rezoning, or other amendment 
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to a zoning  ordinance adopted by the county board of any 
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county, home rule or non-home rule, shall be subject to de novo 
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judicial review as a legislative decision, regardless of 
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whether the process of its adoption is considered 
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administrative for other purposes.  Any action seeking the 
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judicial review of such a decision shall be commenced not later 
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than 90 days after the date of the decision.
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    (b) The principles of substantive and procedural due 
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process apply at all stages of the decision-making and review 
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of all zoning decisions.

 
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    Section 10. The Township Code is amended  by adding Section 
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110-50.1 as follows:
 
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    (60 ILCS 1/110-50.1 new)

 


 






09400SB0094ham001
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LRB094 07025 RCE 58226 a




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    Sec. 110-50.1. Actions subject to de novo review; due 
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process.
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    (a) Any special use, variance, rezoning, or other amendment 
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to a zoning  ordinance adopted by the township board of any 
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township shall be subject to de novo judicial review as a 
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legislative decision, regardless of whether the process of its 
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adoption is considered administrative for other purposes.  Any 
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action seeking the judicial review of such a decision shall be 
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commenced not later than 90 days after the date of the 
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decision.
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    (b) The principles of substantive and procedural due 
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process apply at all stages of the decision-making and review 
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of all zoning decisions.

 
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    Section 15. The Illinois Municipal Code is amended  by 
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adding Section 11-13-25 as follows:
 
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    (65 ILCS 5/11-13-25  new)
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    Sec. 11-13-25. Actions subject to de novo review; due 
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process.

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    (a) Any special use, variance, rezoning, or other amendment 
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to a zoning  ordinance adopted by the corporate authorities of 
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any municipality, home rule or non-home rule, shall be subject 
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to de novo judicial review as a legislative decision, 
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regardless of whether the process of its adoption is considered 
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administrative for other purposes.  Any action seeking the 
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judicial review of such a decision shall be commenced not later 
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than 90 days after the date of the decision.
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    (b) The principles of substantive and procedural due 
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process apply at all stages of the decision-making and review 
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of all zoning decisions.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".