Illinois 98th Regular Session Status: Enacted 1 D cosponsors

SB 2829 — CIV PRO-ADMINISTRATIVE APPEALS

Last action — Public Act . . . . . . . . . 98-1105

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2014. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    0 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

35 added · 27 removed

Plain-language change summary

The recent changes to SB 2829 introduce a new section that allows courts to award reasonable costs, including attorney's fees, to plaintiffs if a municipal code hearing officer's decision is found to be arbitrary or not supported by sufficient evidence. Additionally, if a municipal code hearing officer's ruling is upheld, the municipality can recover costs from the plaintiff if the plaintiff's appeal is not grounded in fact or law. These updates aim to provide clearer guidelines for administrative reviews and enhance accountability in municipal decision-making, which could affect how disputes are resolved in these cases.

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SB2829 Engrossed LRB098 17209 HEP 52301 b AN ACT concerning civil law.
SB2829 Enrolled LRB098 17209 HEP 52301 b AN ACT concerning civil law.
The Code of Civil Procedure is amended by changing Section 5-120 as follows:
The Code of Civil Procedure is amended by adding Section 5-120.5 as follows:
(735 ILCS 5/5-120) (from Ch.
(735 ILCS 5/5-120.5 new) Sec.
110, par.
5-120.5.
5-120) Sec.
Administrative review, code compliance.
5-120.
(a) In an administrative review action under Article III of this Code, if the court reverses the decision of a municipal code hearing officer in an action set forth under subsection (c) of this Section, 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:
Affirmance or reversal on appeal.
(i) the decision of the hearing officer was arbitrary and capricious;
(a) If any person takes an appeal to review the judgment of any other court, and the judgment is affirmed or the appeal is dismissed, the appellee shall recover costs, which may be collected in the same manner as judgments for the payment of money are enforced;
or (ii) the defendant failed to file a record under Section 3-108 of this Code that is sufficient to allow the court to determine whether the decision of the hearing officer was arbitrary and capricious.
and if the judgment is reversed, the appellant shall recover costs, which may be collected in the same manner as judgments for the payment of money are enforced.
(b) The court may award the municipality reasonable costs, including court costs and attorney's fees, if the court finds that the plaintiff's action under Article III of this Code for administrative review of a decision by the municipal code hearing officer is not reasonably well grounded in fact, is not SB2829 Enrolled - 2 - LRB098 17209 HEP 52301 b warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law.
(b) In any successful appeal under Article III of this Code 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.
(c) This Section applies only to the decision of a 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.
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 SB2829 Engrossed - 2 - LRB098 17209 HEP 52301 b administrative proceeding.
This Section does not apply to any administrative decision of a municipality with a population of more than 500,000.
This subsection does not apply in municipalities where the Code Hearing Department was established pursuant to Division 2.1 of Article 1 of the Illinois Municipal Code.
(d) The provisions of this Section are mutually dependent and inseverable;
(Source:
if any provision is held invalid, then the entire Section is invalid.
P.A.
82-280.)
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Action History

  1. Public Act . . . . . . . . . 98-1105

  2. Effective Date January 1, 2015

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 052-001-000

  7. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000

  8. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

  9. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  10. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 23, 2014

  12. Secretary's Desk - Concurrence House Amendment(s) 1

  13. Added Alternate Co-Sponsor Rep. Al Riley

  14. Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.

  15. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  16. Added Alternate Co-Sponsor Rep. Carol A. Sente

  17. Added Alternate Co-Sponsor Rep. Jack D. Franks

  18. Third Reading - Short Debate - Passed 113-002-000

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. House Floor Amendment No. 1 Adopted

  21. Second Reading - Short Debate

  22. House Floor Amendment No. 1 Recommends Be Adopted Judiciary; 016-000-000

  23. Added Alternate Chief Co-Sponsor Rep. Elaine Nekritz

  24. House Floor Amendment No. 1 Rules Refers to Judiciary

  25. House Floor Amendment No. 1 Referred to Rules Committee

  26. House Floor Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski

  27. Placed on Calendar 2nd Reading - Short Debate

  28. Do Pass / Short Debate Judiciary; 015-000-000

  29. Assigned to Judiciary

  30. Referred to Rules Committee

  31. First Reading

  32. Chief House Sponsor Rep. Michael J. Zalewski

  33. Arrived in House

  34. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  35. Third Reading - Passed; 049-007-000

  36. Placed on Calendar Order of 3rd Reading

  37. Senate Floor Amendment No. 4 Adopted; Link

  38. Recalled to Second Reading

  39. Senate Floor Amendment No. 4 Recommend Do Adopt Judiciary; 011-000-000

  40. Senate Floor Amendment No. 4 Assignments Refers to Judiciary

  41. Senate Floor Amendment No. 4 Referred to Assignments

  42. Senate Floor Amendment No. 4 Filed with Secretary by Sen. Terry Link

  43. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

  44. Placed on Calendar Order of 3rd Reading April 1, 2014

  45. Second Reading

  46. Placed on Calendar Order of 2nd Reading March 27, 2014

  47. Do Pass as Amended Judiciary; 008-001-001

  48. Senate Committee Amendment No. 2 Tabled in Judiciary

  49. Senate Committee Amendment No. 1 Postponed - Judiciary

  50. Senate Committee Amendment No. 3 Adopted

  51. Senate Committee Amendment No. 3 Postponed - Judiciary

  52. Senate Committee Amendment No. 2 Postponed - Judiciary

  53. Senate Committee Amendment No. 1 Postponed - Judiciary

  54. Postponed - Judiciary

  55. Senate Committee Amendment No. 3 Assignments Refers to Judiciary

  56. Senate Committee Amendment No. 2 Assignments Refers to Judiciary

  57. Senate Committee Amendment No. 3 Referred to Assignments

  58. Senate Committee Amendment No. 3 Filed with Secretary by Sen. Terry Link

  59. Senate Committee Amendment No. 2 Referred to Assignments

  60. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Terry Link

  61. Postponed - Judiciary

  62. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  63. Postponed - Judiciary

  64. Senate Committee Amendment No. 1 Referred to Assignments

  65. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link

  66. Postponed - Judiciary

  67. Assigned to Judiciary

  68. Referred to Assignments

  69. First Reading

  70. Filed with Secretary by Sen. Terry Link

Sponsors

  • Terry Link · Cosponsor
  • Jack D. Franks · Cosponsor
  • Carol A. Sente · Cosponsor
  • Jr. Marcus C. Evans · Cosponsor
  • Al Riley · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 6 co-sponsors · 177 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (6)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 52 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 38104
Democrat 11002
Republican 3000
Total 52106
% of votes cast 88%2%0%10%
How each member voted (59)
Member Party Vote
LaHood — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
McCarter — Nay
McConnaughay — Yea
Cullerton, T. — Yea
Kotowski — Yea
Cullerton — Yea
Landek — Yea
Muñoz — Yea
Noland — Yea
Trotter — Yea
Connelly — Not Voting
Dillard — Yea
Duffy — Not Voting
Luechtefeld — Yea
Manar — Yea
McCann — Yea
Mulroe — Yea
Radogno — Yea
Silverstein — Yea
Steans — Yea
Harris — Yea
Brady — Yea
McGuire — Yea
Sullivan — Yea
Jacobs — Yea
Clayborne — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Oberweis — Yea
Raoul — Yea
Righter — Not Voting
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 27000
Unaffiliated 79202
Republican 7001
Total 113203
% of votes cast 96%2%0%3%
How each member voted (118)
Member Party Vote
Acevedo — Yea
Anthony — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Bost — Yea
Brauer — Yea
Brown — Yea
Costello — Yea
McAsey — Yea
Drury — Not Voting
Hays — Yea
Ives — Nay
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McSweeney — Yea
Soto — Yea
Stewart — Yea
Bradley — Yea
Brady — Yea
Mitchell, Bill — Yea
Burke, Daniel — Yea
Sullivan — Yea
Mitchell, Christian — Yea
Burke, Kelly — Yea
Dunkin — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Madigan — Yea
Harris, David — Yea
Harris, Greg — Yea
Moffitt — Yea
Nekritz — Yea
Phelps — Yea
Pihos — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Wheeler — Yea
Turner — Yea
Williams — Yea
Unes — Yea
Verschoore — Yea
Davis, Monique — Yea
Jones — Yea
Willis — Yea
Yingling — Yea
Hernandez — Not Voting
Zalewski — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Harms — Yea
Hatcher — Yea
Hurley — Yea
Jackson — Yea
Kay — Nay
Kosel — Yea
Osmond — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sandack — Yea
Schmitz — Yea
Senger — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 49 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35602
Democrat 13000
Republican 1101
Total 49703
% of votes cast 83%12%0%5%
How each member voted (59)
Member Party Vote
LaHood — Nay
Manar — Yea
Althoff — Nay
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Noland — Yea
Kotowski — Yea
Landek — Yea
Link — Yea
Luechtefeld — Yea
McCann — Not Voting
McCarter — Nay
McConnaughay — Yea
Harris — Yea
Mulroe — Yea
Muñoz — Yea
Radogno — Yea
Silverstein — Yea
McGuire — Yea
Sullivan — Yea
Jacobs — Yea
Cullerton, T. — Yea
Steans — Yea
Cullerton — Yea
Trotter — Yea
Brady — Nay
Clayborne — Yea
Connelly — Not Voting
Dillard — Yea
Duffy — Nay
Forby — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Oberweis — Nay
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Not Voting
Sue Rezin Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 2829 do?
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.
Who sponsors SB 2829?
SB 2829 is sponsored by Terry Link, Jack D. Franks, Carol A. Sente, Marcus C. Evans, Jr. (Democrat), Al Riley, and Chapa LaVia.
What is the current status of SB 2829?
This bill has been enacted into law. Introduced January 30, 2014. Enacted.
Where can I track SB 2829?
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