SB0094ham001 94TH GENERAL ASSEMBLY

Local Government Committee

Filed: 4/19/2006

09400SB0094ham001 LRB094 07025 RCE 58226 a

AMENDMENT TO SENATE BILL 94

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

"Section 5. The Counties Code is amended by adding Section 5-12012.1 as follows:

(55 ILCS 5/5-12012.1 new)

Sec. 5-12012.1. Actions subject to de novo review; due process.

(a) Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the county board of any county, home rule or non-home rule, shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.

(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.

Section 10. The Township Code is amended by adding Section 110-50.1 as follows:

(60 ILCS 1/110-50.1 new)

Sec. 110-50.1. Actions subject to de novo review; due process.

(a) Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the township board of any township shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.

(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.

Section 15. The Illinois Municipal Code is amended by adding Section 11-13-25 as follows:

(65 ILCS 5/11-13-25 new)

Sec. 11-13-25. Actions subject to de novo review; due process.

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

(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.

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