Sen. Susan Garrett
Filed: 3/10/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2014 




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    AMENDMENT NO. ______. Amend Senate Bill 2014 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 changing 
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Section 5-12012.1 as follows:
 
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    (55 ILCS 5/5-12012.1)

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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 decision by the county board of any county, home 
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rule or non-home rule, in regard to any petition or application 
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for a special use, variance, rezoning, or other amendment to a 
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zoning  ordinance adopted by the county board of any county, 
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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 in relation thereto of its adoption is 
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considered administrative for other purposes.  Any action 
 


 






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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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(Source: P.A. 94-1027, eff. 7-14-06.)
 
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    Section 10. The Township Code is amended  by changing 
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Section 110-50.1 as follows:
 
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    (60 ILCS 1/110-50.1)

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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 decision by the township board of any township in 
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regard to any petition or application for a special use, 
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variance, rezoning, or other amendment to a zoning  ordinance 
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adopted by the township board of any township 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 in relation thereto 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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(Source: P.A. 94-1027, eff. 7-14-06.)
 
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    Section 15. The Illinois Municipal Code is amended  by 
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changing Section 11-13-25 as follows:
 
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    (65 ILCS 5/11-13-25)
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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 decision by the corporate authorities of any 
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municipality, home rule or non-home rule, in regard to any 
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petition or application for a special use, variance, rezoning, 
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or other amendment to a zoning  ordinance adopted by the 
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corporate authorities of any municipality, home rule or 
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non-home rule, shall be subject to de novo judicial review as a 
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legislative decision, regardless of whether the process in 
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relation thereto of its adoption is considered administrative 
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for other purposes.  Any action seeking the judicial review of 
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such a decision shall be commenced not later than 90 days after 
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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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(Source: P.A. 94-1027, eff. 7-14-06.)".