HB2839ham002 101ST GENERAL ASSEMBLY

Rep. Jennifer Gong-Gershowitz

Filed: 3/12/2019

10100HB2839ham002 LRB101 10259 LNS 57389 a

AMENDMENT TO HOUSE BILL 2839

AMENDMENT NO. ______. Amend House Bill 2839 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 3-110 and by adding Section 3-101.5 as follows:

(735 ILCS 5/3-101.5 new)

Sec. 3-101.5. Right to judicial review. Unless the action is governed by the procedures or provisions of another statute, a person suffering legal wrong because of a final administrative decision, or adversely affected or aggrieved by a final administrative decision, is entitled to judicial review of the final administrative decision to the same extent, with the same rights and the same responsibilities under this law, as a person who is a party under this law, except that a person seeking judicial review under this Section is not entitled to relief if there was a previous public hearing at which the person failed to present his or her position. To the extent necessary, such a person may provide new or additional evidence to the court for the limited purpose of demonstrating the legal wrong or adverse effect or impairment that he or she has experienced or may experience as a result of the final administrative decision. The right to judicial review under this Section is limited to final administrative permitting decisions made by the Department of Agriculture, Environmental Protection Agency, Department of Natural Resources, Department of Public Health, or Department of Transportation that impact the public trust in the waters and lands of this State, State parks or natural areas, threatened or endangered species, surface or ground water quality, air quality, or other matters affecting the right to a healthful environment under Article XI of the Illinois Constitution.

For purposes of this Section, "adversely affected or aggrieved" means a plaintiff demonstrates: (1) an injury-in-fact that is concrete and particularized, actual, or imminent; (2) a causal connection between the plaintiff's injury and the agency's permitting decision; and (3) a likelihood that a decision in the plaintiff's favor would redress the injury.

(735 ILCS 5/3-110) (from Ch. 110, par. 3-110)

Sec. 3-110. Scope of review. Every action to review any final administrative decision shall be heard and determined by the court with all convenient speed. The hearing and determination shall extend to all questions of law and fact presented by the entire record before the court. No new or additional evidence in support of or in opposition to any finding, order, determination or decision of the administrative agency shall be heard by the court, except as provided in Section 3-101.5 of this Code. The findings and conclusions of the administrative agency on questions of fact shall be held to be prima facie true and correct.

(Source: P.A. 88-1.)

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