HB2862sam003 101ST GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 5/28/2019

10100HB2862sam003 LRB101 10300 AWJ 61296 a

AMENDMENT TO HOUSE BILL 2862

AMENDMENT NO. ______. Amend House Bill 2862, AS AMENDED, by replacing everything after the enacting clause with the following:

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

(55 ILCS 5/5-12012.1)

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

(a) Any decision by the county board of any county, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision, but not including a facial challenge to a zoning ordinance governing the challenger's own property, 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.

(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)

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

(60 ILCS 1/110-50.1)

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

(a) Any decision by the township board of any township in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision, but not including a facial challenge to a zoning ordinance governing the challenger's own property, 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.

(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)

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

(65 ILCS 5/11-13-25)

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

(a) Any decision by the corporate authorities of any municipality, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision, but not including a facial challenge to a zoning ordinance governing the challenger's own property, 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.

(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)

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