Bill Status of SB 2829   98th General Assembly

Short Description:  CIV PRO-ADMINISTRATIVE APPEALS

Senate Sponsors
Sen. Terry Link

House Sponsors
(Rep. Michael J. Zalewski-Elaine Nekritz, Jack D. Franks, Carol A. Sente, Linda Chapa LaVia, Marcus C. Evans, Jr. and Al Riley)


Last Action  View All Actions

DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1105

Statutes Amended In Order of Appearance
735 ILCS 5/5-120from Ch. 110, par. 5-120

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that in a successful appeal under the Administrative Review Law of an adverse decision by a unit of local government, the court shall award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the appeal. Provides that if the court finds the decision by the unit of local government was clearly erroneous or that the plaintiff's rights to due process were abridged, the court may award the plaintiff all reasonable costs associated with the entire case dating back to the inception of the administrative proceeding.

Senate Committee Amendment No. 3
Changes the reference to "unit of local government" to "municipality with a population of less than 500,000" and makes a corresponding change. Provides that the court may (instead of "shall") award the plaintiff all reasonable appeal costs.

Senate Floor Amendment No. 4
Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in any successful appeal under the Administrative Review Law of an adverse decision by a Code Hearing Unit of a municipality that imposes a fine or penalty, the court may award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the appeal. Provides that if the court finds the decision by the municipality was clearly erroneous or that the plaintiff's rights to due process were abridged, the court may award the plaintiff all reasonable costs associated with the entire case dating back to the inception of the administrative proceeding. Provides that the new provisions do not apply in municipalities where the Code Hearing Department was established pursuant to the Administrative Adjudications Division of the Illinois Municipal Code.

House Floor Amendment No. 1
Deletes reference to:
735 ILCS 5/5-120from Ch. 110, par. 5-120
Adds reference to:
735 ILCS 5/5-120.5 new

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in an administrative review action under the Administrative Review Law, if the court reverses the decision of a municipal code hearing officer that imposes a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation related to the condition or use of that residential property, then the court may award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the action if the court finds that: (i) the decision of the hearing officer was arbitrary and capricious; or (ii) the defendant failed to file a record that is sufficient to allow the court to determine whether the decision of the hearing officer was arbitrary and capricious. Provides that the court may award the municipality reasonable costs, including court costs and attorney's fees, if the court finds that the plaintiff's action for administrative review of a decision by the municipal code hearing officer is not reasonably well grounded in fact, is not warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law. Provides that the new provisions do not apply to any administrative decision of a municipality with a population of more than 500,000. Provides that the new provisions are mutually dependent and inseverable.

Actions 
DateChamber Action
  1/30/2014SenateFiled with Secretary by Sen. Terry Link
  1/30/2014SenateFirst Reading
  1/30/2014SenateReferred to Assignments
  2/11/2014SenateAssigned to Judiciary
  2/19/2014SenatePostponed - Judiciary
  2/25/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
  2/25/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/26/2014SenatePostponed - Judiciary
  3/4/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/5/2014SenatePostponed - Judiciary
  3/6/2014SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Terry Link
  3/6/2014SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/19/2014SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Terry Link
  3/19/2014SenateSenate Committee Amendment No. 3 Referred to Assignments
  3/19/2014SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  3/19/2014SenateSenate Committee Amendment No. 3 Assignments Refers to Judiciary
  3/20/2014SenatePostponed - Judiciary
  3/20/2014SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  3/20/2014SenateSenate Committee Amendment No. 2 Postponed - Judiciary
  3/20/2014SenateSenate Committee Amendment No. 3 Postponed - Judiciary
  3/25/2014SenateSenate Committee Amendment No. 3 Adopted
  3/26/2014SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  3/26/2014SenateSenate Committee Amendment No. 2 Tabled in Judiciary
  3/26/2014SenateDo Pass as Amended Judiciary; 008-001-001
  3/26/2014SenatePlaced on Calendar Order of 2nd Reading March 27, 2014
  3/27/2014SenateSecond Reading
  3/27/2014SenatePlaced on Calendar Order of 3rd Reading April 1, 2014
  3/28/2014SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/4/2014SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Terry Link
  4/4/2014SenateSenate Floor Amendment No. 4 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 4 Assignments Refers to Judiciary
  4/8/2014SenateSenate Floor Amendment No. 4 Recommend Do Adopt Judiciary; 011-000-000
  4/9/2014SenateRecalled to Second Reading
  4/9/2014SenateSenate Floor Amendment No. 4 Adopted; Link
  4/9/2014SenatePlaced on Calendar Order of 3rd Reading
  4/9/2014SenateThird Reading - Passed; 049-007-000
  4/9/2014SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/10/2014HouseArrived in House
  4/10/2014HouseChief House Sponsor Rep. Michael J. Zalewski
  4/10/2014HouseFirst Reading
  4/10/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  5/7/2014HouseDo Pass / Short Debate Judiciary; 015-000-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/12/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  5/12/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/14/2014HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  5/14/2014HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz
  5/20/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 016-000-000
  5/21/2014HouseSecond Reading - Short Debate
  5/21/2014HouseHouse Floor Amendment No. 1 Adopted
  5/21/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2014HouseThird Reading - Short Debate - Passed 113-002-000
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Al Riley
  5/22/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/22/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 23, 2014
  5/22/2014SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link
  5/22/2014SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2014SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/28/2014SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/30/2014SenateHouse Floor Amendment No. 1 Senate Concurs 052-001-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date January 1, 2015
  8/26/2014SenatePublic Act . . . . . . . . . 98-1105

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