Sen. Kwame Raoul
Filed: 2/27/2018
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 3005




2    AMENDMENT NO. ______. Amend Senate Bill 3005 on page 4, by 
3replacing lines 5 through 12 with the following:

 
4    "(735 ILCS 5/3-101.5 new)
5    Sec. 3-101.5. Right to judicial review. Unless the action 
6is governed by the procedures or provisions of another statute, 
7a person suffering legal wrong because of a final 
8administrative decision, or adversely affected or aggrieved by 
9a final administrative decision, is entitled to judicial review 
10of the final administrative decision to the same extent, with 
11the same rights and the same responsibilities under this law, 
12as a person who is a party under this law, except that a person 
13seeking judicial review under this Section is not entitled to 
14relief if there was a previous public hearing at which the 
15person failed to present his or her position.  To the extent 
16necessary, such a person may provide new or additional evidence 
17to the court for the limited purpose of demonstrating the legal 
 
 
10000SB3005sam001- 2 -LRB100 18180 HEP 36746 a

1wrong or adverse effect or impairment that he or she has 
2experienced or may experience as a result of the final 
3administrative decision.  The right to judicial review under 
4this Section is limited to final administrative permitting 
5decisions made by the Department of Agriculture, Environmental 
6Protection Agency, Department of Natural Resources, Department 
7of Public Health, or Department of Transportation that impact 
8the public trust in the waters and lands of this State, State 
9parks or natural areas, threatened or endangered species, 
10surface or ground water quality, air quality, or other matters 
11affecting the right to a healthful environment under Article XI 
12of the Illinois Constitution."; and
 
13on page 11, by replacing lines 14 through 17 with the 
14following:
15"the administrative agency shall be heard by the court, except 
16as provided in Section 3-101.5 of this Code. The
findings and 
17conclusions of the administrative agency on
questions of fact 
18shall be held to be prima facie true and
correct.".