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_002.html
Bill Title: ADMINISTRATIVE REVIEW-VARIOUS
Status: 2019-01-09 - Session Sine Die [SB3005 Detail]
Download: Illinois-2017-SB3005-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 3005
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2 | AMENDMENT NO. ______. Amend Senate Bill 3005 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 3-110 and by adding Section 3-101.5 as | ||||||
6 | follows:
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7 | (735 ILCS 5/3-101.5 new) | ||||||
8 | Sec. 3-101.5. Right to judicial review. Unless the action | ||||||
9 | is governed by the procedures or provisions of another statute, | ||||||
10 | a person suffering legal wrong because of a final | ||||||
11 | administrative decision, or adversely affected or aggrieved by | ||||||
12 | a final administrative decision, is entitled to judicial review | ||||||
13 | of the final administrative decision to the same extent, with | ||||||
14 | the same rights and the same responsibilities under this law, | ||||||
15 | as a person who is a party under this law, except that a person | ||||||
16 | seeking judicial review under this Section is not entitled to |
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1 | relief if there was a previous public hearing at which the | ||||||
2 | person failed to present his or her position. To the extent | ||||||
3 | necessary, such a person may provide new or additional evidence | ||||||
4 | to the court for the limited purpose of demonstrating the legal | ||||||
5 | wrong or adverse effect or impairment that he or she has | ||||||
6 | experienced or may experience as a result of the final | ||||||
7 | administrative decision. The right to judicial review under | ||||||
8 | this Section is limited to final administrative permitting | ||||||
9 | decisions made by the Department of Agriculture, Environmental | ||||||
10 | Protection Agency, Department of Natural Resources, Department | ||||||
11 | of Public Health, or Department of Transportation that impact | ||||||
12 | the public trust in the waters and lands of this State, State | ||||||
13 | parks or natural areas, threatened or endangered species, | ||||||
14 | surface or ground water quality, air quality, or other matters | ||||||
15 | affecting the right to a healthful environment under Article XI | ||||||
16 | of the Illinois Constitution.
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17 | (735 ILCS 5/3-110) (from Ch. 110, par. 3-110)
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18 | Sec. 3-110. Scope of review. Every action to review any | ||||||
19 | final administrative
decision shall be heard and determined by | ||||||
20 | the court with all convenient speed.
The hearing and | ||||||
21 | determination shall extend to all questions of law and fact
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22 | presented by the entire record before the court. No new or | ||||||
23 | additional evidence
in support of or in opposition to any | ||||||
24 | finding, order, determination or decision
of the | ||||||
25 | administrative agency shall be heard by the court , except as |
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1 | provided in Section 3-101.5 of this Code . The findings and
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2 | conclusions of the administrative agency on questions of fact | ||||||
3 | shall be held to
be prima facie true and correct.
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4 | (Source: P.A. 88-1.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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