Illinois 94th Regular Session Status: Enacted

SB 94 — MUNI CD-ZONING DECISIONS

Last action — Public Act . . . . . . . . . 94-1027

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  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 26, 2005. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 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 Illinois Municipal Code. Provides that all final actions of the corporate authorities of a municipality under the Division of the Illinois Municipal Code concerning zoning shall be presumed valid and shall be subject to de novo judicial review. Effective immediately.

Bill Text

What changed in the latest version

52 added · 16 removed

Plain-language change summary

The recent amendment to Bill SB 94 introduces a new section to the Counties Code and Township Code, allowing certain zoning decisions, like special uses and variances, to be subject to de novo judicial review. This means that if someone wants to challenge these decisions, they can do so without relying solely on the prior administrative process, effectively giving residents more power to contest local zoning changes. Additionally, it emphasizes that due process laws apply throughout the decision-making and judicial review stages. This change is significant as it aims to enhance fairness and transparency in local zoning decisions.

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Latest
SB0094 Engrossed LRB094 07025 AJO 37164 b AN ACT concerning local government.
SB0094 Enrolled LRB094 07025 AJO 37164 b AN ACT concerning local government.
The Illinois Municipal Code is amended by changing Section 11-13-13 as follows:
The Counties Code is amended by adding Section 5-12012.1 as follows:
(65 ILCS 5/11-13-13) (from Ch.
(55 ILCS 5/5-12012.1 new) Sec.
24, par.
5-12012.1.
11-13-13) Sec.
Actions subject to de novo review;
11-13-13.
due process.
All final administrative decisions of the board of appeals under this Division 13 shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto.
(a) Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the county board of any county, home rule or non-home rule, shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes.
The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.
All final decisions of the corporate authorities under this Division shall be deemed legislative actions.
(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source:
Section 10.
P.A.
The Township Code is amended by adding Section 110-50.1 as follows:
82-783.) Section 99.
(60 ILCS 1/110-50.1 new) Sec.
110-50.1.
Actions subject to de novo review;
due process.
(a) Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the township board of any township shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes.
Any action seeking the judicial review of such a decision shall be SB0094 Enrolled - 2 - LRB094 07025 AJO 37164 b commenced not later than 90 days after the date of the decision.
(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
Section 15.
The Illinois Municipal Code is amended by adding Section 11-13-25 as follows:
(65 ILCS 5/11-13-25 new) Sec.
11-13-25.
Actions subject to de novo review;
due process.
(a) Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of any municipality, home rule or non-home rule, shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes.
Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.
(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
Section 99.
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Action History

  1. Public Act . . . . . . . . . 94-1027

  2. Effective Date July 14, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 058-000-000

  7. Added as Chief Co-Sponsor Sen. Dan Cronin

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Local Government; 010-000-000

  9. House Committee Amendment No. 1 Motion to Concur Rules Referred to Local Government

  10. Added as Co-Sponsor Sen. Pamela J. Althoff

  11. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Susan Garrett

  13. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 2, 2006

  14. Secretary's Desk - Concurrence House Amendment(s) 01

  15. Third Reading - Short Debate - Passed 101-000-001

  16. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  17. Added Alternate Co-Sponsor Rep. Jim Durkin

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

  19. Second Reading - Short Debate

  20. Added Alternate Co-Sponsor Rep. Robin Kelly

  21. Added Alternate Co-Sponsor Rep. Michael Tryon

  22. Placed on Calendar 2nd Reading - Short Debate

  23. Do Pass as Amended / Short Debate Local Government Committee; 010-000-000

  24. House Committee Amendment No. 1 Adopted in Local Government Committee; by Voice Vote

  25. House Committee Amendment No. 1 Filed with Clerk by Local Government Committee

  26. Added Alternate Chief Co-Sponsor Rep. Renee Kosel

  27. Motion to Suspend Rule 25 - Prevailed

  28. Assigned to Local Government Committee

  29. Final Action Deadline Extended-9(b) April 30, 2006

  30. Rule 19(a) / Re-referred to Rules Committee

  31. Added Alternate Co-Sponsor Rep. Elaine Nekritz

  32. Added Alternate Chief Co-Sponsor Rep. Kathleen A. Ryg

  33. Added Alternate Chief Co-Sponsor Rep. Karen May

  34. Assigned to Executive Committee

  35. Referred to Rules Committee

  36. First Reading

  37. Chief House Sponsor Rep. Sidney H. Mathias

  38. Placed on Calendar Order of First Reading

  39. Arrived in House

  40. Third Reading - Passed; 058-000-000

  41. Placed on Calendar Order of 3rd Reading April 12, 2005

  42. Senate Floor Amendment No. 1 Adopted; Garrett

  43. Recalled to Second Reading

  44. Added as Chief Co-Sponsor Sen. Bill Brady

  45. Senate Floor Amendment No. 1 Recommend Do Adopt Local Government; 007-000-000

  46. Placed on Calendar Order of 3rd Reading April 7, 2005

  47. Second Reading

  48. Senate Floor Amendment No. 1 Rules Refers to Local Government

  49. Senate Floor Amendment No. 1 Referred to Rules

  50. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Susan Garrett

  51. Placed on Calendar Order of 2nd Reading March 3, 2005

  52. Do Pass Local Government; 009-001-000

  53. Added as Co-Sponsor Sen. Wendell E. Jones

  54. Postponed - Local Government

  55. Added as Chief Co-Sponsor Sen. Christine Radogno

  56. Postponed - Local Government

  57. Assigned to Local Government

  58. Referred to Rules

  59. First Reading

  60. Filed with Secretary by Sen. Susan Garrett

Sponsors

  • Susan Garrett · Cosponsor
  • Elaine Nekritz · Cosponsor
  • Michael Tryon · Cosponsor
  • Robin Kelly · Cosponsor
  • Jim Durkin · Cosponsor
  • Patricia R. Bellock · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 6 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (6)

  • Susan Garrett
  • Elaine Nekritz
  • Michael Tryon
  • Robin Kelly
  • Jim Durkin
  • Patricia R. Bellock

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

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Halvorson — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Shadid — Yea
Brady — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Munoz — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Sullivan — Yea
Petka — Yea
Jacobs — Yea
Peterson — Not Voting
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Radogno — Yea
Raoul — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hendon — Yea
Pankau — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 101 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 900016
Democrat 8001
Republican 3000
Total 1010017
% of votes cast 86%0%0%14%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Krause — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Not Voting
Coulson — Not Voting
Fritchey — Not Voting
Munson — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Not Voting
Lang — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Scully — Yea
Sommer — Yea
Reitz — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Brady — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Sullivan — Yea
Hannig — Yea
Lindner — Not Voting
Madigan — Yea
Moffitt — Yea
Howard — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Watson — Yea
Nekritz — Yea
Davis, Monique — Yea
Parke — Yea
Lyons — Not Voting
Phelps — Yea
Bradley, Richard — Not Voting
Pihos — Not Voting
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Jones — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Not Voting
Younge — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Not Voting
D'Amico — Yea
Daniels — Not Voting
Dunn — Not Voting
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Not Voting
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Haine — Yea
Halvorson — Yea
Meeks — Yea
Schoenberg — Yea
Shadid — Yea
Geo-Karis — Yea
Lauzen — Yea
Munoz — Yea
Brady — Yea
Luechtefeld — Yea
Maloney — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Radogno — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Sieben — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Not Voting
Hendon — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 94 do?
Amends the Illinois Municipal Code. Provides that all final actions of the corporate authorities of a municipality under the Division of the Illinois Municipal Code concerning zoning shall be presumed valid and shall be subject to de novo judicial review. Effective immediately.
Who sponsors SB 94?
SB 94 is sponsored by Susan Garrett, Elaine Nekritz, Michael Tryon, Robin Kelly, Jim Durkin, and Patricia R. Bellock.
What is the current status of SB 94?
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Where can I track SB 94?
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