Illinois General Assembly - Full Text of SB3005
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Full Text of SB3005  100th General Assembly


Sen. Kwame Raoul

Filed: 2/27/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3005 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 3-110 and by adding Section 3-101.5 as
7    (735 ILCS 5/3-101.5 new)
8    Sec. 3-101.5. Right to judicial review. Unless the action
9is governed by the procedures or provisions of another statute,
10a person suffering legal wrong because of a final
11administrative decision, or adversely affected or aggrieved by
12a final administrative decision, is entitled to judicial review
13of the final administrative decision to the same extent, with
14the same rights and the same responsibilities under this law,
15as a person who is a party under this law, except that a person
16seeking judicial review under this Section is not entitled to



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1relief if there was a previous public hearing at which the
2person failed to present his or her position. To the extent
3necessary, such a person may provide new or additional evidence
4to the court for the limited purpose of demonstrating the legal
5wrong or adverse effect or impairment that he or she has
6experienced or may experience as a result of the final
7administrative decision. The right to judicial review under
8this Section is limited to final administrative permitting
9decisions made by the Department of Agriculture, Environmental
10Protection Agency, Department of Natural Resources, Department
11of Public Health, or Department of Transportation that impact
12the public trust in the waters and lands of this State, State
13parks or natural areas, threatened or endangered species,
14surface or ground water quality, air quality, or other matters
15affecting the right to a healthful environment under Article XI
16of the Illinois Constitution.
17    (735 ILCS 5/3-110)  (from Ch. 110, par. 3-110)
18    Sec. 3-110. Scope of review. Every action to review any
19final administrative decision shall be heard and determined by
20the court with all convenient speed. The hearing and
21determination shall extend to all questions of law and fact
22presented by the entire record before the court. No new or
23additional evidence in support of or in opposition to any
24finding, order, determination or decision of the
25administrative agency shall be heard by the court, except as



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1provided in Section 3-101.5 of this Code. The findings and
2conclusions of the administrative agency on questions of fact
3shall be held to be prima facie true and correct.
4(Source: P.A. 88-1.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".