Bill Amendment: IL SB3005 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ADMINISTRATIVE REVIEW-VARIOUS
Status: 2019-01-09 - Session Sine Die [SB3005 Detail]
Download: Illinois-2017-SB3005-Senate_Amendment_001.html
Bill Title: ADMINISTRATIVE REVIEW-VARIOUS
Status: 2019-01-09 - Session Sine Die [SB3005 Detail]
Download: Illinois-2017-SB3005-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3005
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2 | AMENDMENT NO. ______. Amend Senate Bill 3005 on page 4, by | ||||||
3 | replacing lines 5 through 12 with the following:
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4 | "(735 ILCS 5/3-101.5 new) | ||||||
5 | Sec. 3-101.5. Right to judicial review. Unless the action | ||||||
6 | is governed by the procedures or provisions of another statute, | ||||||
7 | a person suffering legal wrong because of a final | ||||||
8 | administrative decision, or adversely affected or aggrieved by | ||||||
9 | a final administrative decision, is entitled to judicial review | ||||||
10 | of the final administrative decision to the same extent, with | ||||||
11 | the same rights and the same responsibilities under this law, | ||||||
12 | as a person who is a party under this law, except that a person | ||||||
13 | seeking judicial review under this Section is not entitled to | ||||||
14 | relief if there was a previous public hearing at which the | ||||||
15 | person failed to present his or her position. To the extent | ||||||
16 | necessary, such a person may provide new or additional evidence | ||||||
17 | to the court for the limited purpose of demonstrating the legal |
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1 | wrong or adverse effect or impairment that he or she has | ||||||
2 | experienced or may experience as a result of the final | ||||||
3 | administrative decision. The right to judicial review under | ||||||
4 | this Section is limited to final administrative permitting | ||||||
5 | decisions made by the Department of Agriculture, Environmental | ||||||
6 | Protection Agency, Department of Natural Resources, Department | ||||||
7 | of Public Health, or Department of Transportation that impact | ||||||
8 | the public trust in the waters and lands of this State, State | ||||||
9 | parks or natural areas, threatened or endangered species, | ||||||
10 | surface or ground water quality, air quality, or other matters | ||||||
11 | affecting the right to a healthful environment under Article XI | ||||||
12 | of the Illinois Constitution. "; and
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13 | on page 11, by replacing lines 14 through 17 with the | ||||||
14 | following: | ||||||
15 | "the administrative agency shall be heard by the court , except | ||||||
16 | as provided in Section 3-101.5 of this Code . The
findings and | ||||||
17 | conclusions of the administrative agency on
questions of fact | ||||||
18 | shall be held to be prima facie true and
correct.".
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