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Public Act 100-0083


 

Public Act 0083 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0083
 
SB0731 EnrolledLRB100 08389 HEP 18501 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 3-107 as follows:
 
    (735 ILCS 5/3-107)  (from Ch. 110, par. 3-107)
    Sec. 3-107. Defendants.
    (a) Except as provided in subsection (b) or (c), in any
action to review any final decision of an administrative
agency, the administrative agency and all persons, other than
the plaintiff, who were parties of record to the proceedings
before the administrative agency shall be made defendants. The
method of service of the decision shall be as provided in the
Act governing the procedure before the administrative agency,
but if no method is provided, a decision shall be deemed to
have been served either when a copy of the decision is
personally delivered or when a copy of the decision is
deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to the party affected
by the decision at his or her last known residence or place of
business. The form of the summons and the issuance of alias
summons shall be according to rules of the Supreme Court.
    No action for administrative review shall be dismissed for
lack of jurisdiction based upon the failure to name an
employee, agent, or member, who acted in his or her official
capacity, of an administrative agency, board, committee, or
government entity, where the administrative agency, board,
committee, or government entity, has been named as a defendant
as provided in this Section. Naming the director or agency
head, in his or her official capacity, shall be deemed to
include as defendant the administrative agency, board,
committee, or government entity that the named defendants
direct or head. No action for administrative review shall be
dismissed for lack of jurisdiction based upon the failure to
name an administrative agency, board, committee, or government
entity, where the director or agency head, in his or her
official capacity, has been named as a defendant as provided in
this Section.
    If, during the course of a review action, the court
determines that an agency or a party of record to the
administrative proceedings was not made a defendant as required
by the preceding paragraph, then the court shall grant the
plaintiff 35 days from the date of the determination in which
to name and serve the unnamed agency or party as a defendant.
The court shall permit the newly served defendant to
participate in the proceedings to the extent the interests of
justice may require.
    (b) With respect to actions to review decisions of a zoning
board of appeals in a municipality with a population of 500,000
or more inhabitants under Division 13 of Article 11 of the
Illinois Municipal Code, "parties of record" means only the
zoning board of appeals and applicants before the zoning board
of appeals. The plaintiff shall send a notice of filing of the
action by certified mail to each other person who appeared
before and submitted oral testimony or written statements to
the zoning board of appeals with respect to the decision
appealed from. The notice shall be mailed within 2 days of the
filing of the action. The notice shall state the caption of the
action, the court in which the action is filed, and the names
of the plaintiff in the action and the applicant to the zoning
board of appeals. The notice shall inform the person of his or
her right to intervene. Each person who appeared before and
submitted oral testimony or written statements to the zoning
board of appeals with respect to the decision appealed from
shall have a right to intervene as a defendant in the action
upon application made to the court within 30 days of the
mailing of the notice.
    (c) With respect to actions to review decisions of a
hearing officer or a county zoning board of appeals under
Division 5-12 of Article 5 of the Counties Code, "parties of
record" means only the hearing officer or the zoning board of
appeals and applicants before the hearing officer or the zoning
board of appeals. The plaintiff shall send a notice of filing
of the action by certified mail to each other person who
appeared before and submitted oral testimony or written
statements to the hearing officer or the zoning board of
appeals with respect to the decision appealed from. The notice
shall be mailed within 2 days of the filing of the action. The
notice shall state the caption of the action, the court in
which the action is filed, and the name of the plaintiff in the
action and the applicant to the hearing officer or the zoning
board of appeals. The notice shall inform the person of his or
her right to intervene. Each person who appeared before and
submitted oral testimony or written statements to the hearing
officer or the zoning board of appeals with respect to the
decision appealed from shall have a right to intervene as a
defendant in the action upon application made to the court
within 30 days of the mailing of the notice. This subsection
(c) applies to zoning proceedings commenced on or after the
effective date of this amendatory Act of the 95th General
Assembly.
    (d) The changes to this Section made by this amendatory Act
of the 95th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 95th
General Assembly.
(Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)

Effective Date: 1/1/2018