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| | SB1447 Engrossed | | LRB099 10562 HEP 30789 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 3-107 as follows:
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| 6 | | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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| 7 | | Sec. 3-107. Defendants.
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| 8 | | (a) Except as provided in subsection (a-5), (b), or (c), in |
| 9 | | any action to review any final
decision of an administrative |
| 10 | | agency, the administrative agency and all
persons, other than |
| 11 | | the plaintiff, who were parties of record to the
proceedings |
| 12 | | before the
administrative agency shall be made defendants. The |
| 13 | | method of service of the decision shall be as provided in the |
| 14 | | Act governing the procedure before the administrative agency, |
| 15 | | but if no method is provided, a decision shall be deemed to |
| 16 | | have been served either when a copy of the decision is |
| 17 | | personally delivered or when a copy of the decision is |
| 18 | | deposited in the United States mail, in a sealed envelope or |
| 19 | | package, with postage prepaid, addressed to the party affected |
| 20 | | by the decision at his or her last known residence or place of |
| 21 | | business. The form of the summons and the issuance of alias |
| 22 | | summons shall be according to rules of the Supreme Court.
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| 23 | | No action for administrative review shall be dismissed for |
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| 1 | | lack of
jurisdiction based upon the failure to name an |
| 2 | | employee, agent, or member, who
acted in his or her official |
| 3 | | capacity, of an administrative agency, board,
committee, or |
| 4 | | government entity, where the administrative agency, board,
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| 5 | | committee, or government entity, has been named as a defendant |
| 6 | | as provided in
this Section. Naming the director or agency |
| 7 | | head, in his or her official
capacity, shall be deemed to |
| 8 | | include as defendant the administrative agency,
board, |
| 9 | | committee, or government entity that the named defendants |
| 10 | | direct or
head. No action for administrative review shall be |
| 11 | | dismissed for lack of
jurisdiction based upon the failure to |
| 12 | | name an administrative agency, board,
committee, or government |
| 13 | | entity, where the director or agency head, in his or
her |
| 14 | | official capacity, has been named as a defendant as provided in |
| 15 | | this
Section.
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| 16 | | If, during the course of a review action, the court |
| 17 | | determines that an agency or a party
of record to the |
| 18 | | administrative proceedings was not made a defendant as
required |
| 19 | | by the preceding paragraph, then the
court shall grant the |
| 20 | | plaintiff 35 days from the date of the determination in
which |
| 21 | | to name and serve the unnamed agency or party as a defendant. |
| 22 | | The court shall
permit the newly served defendant to |
| 23 | | participate in the proceedings to the
extent the interests of |
| 24 | | justice may require.
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| 25 | | (a-5) A party of record shall not be named as a defendant |
| 26 | | under subsection (a) of this Section if the party of record is |
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| 1 | | a private citizen who was not acting in an official capacity or |
| 2 | | whose participation in the agency proceeding was limited to |
| 3 | | attendance or testimony at a public hearing or submission of |
| 4 | | written comments to the agency. |
| 5 | | (b) With respect to actions to review decisions of a zoning |
| 6 | | board of
appeals in a municipality with a population of 500,000 |
| 7 | | or more inhabitants
under Division 13 of Article 11 of the |
| 8 | | Illinois Municipal Code, "parties of
record" means only the |
| 9 | | zoning board of appeals and applicants before the
zoning board |
| 10 | | of appeals. The plaintiff shall send a notice of filing of
the |
| 11 | | action by certified mail to each other person who appeared |
| 12 | | before and
submitted oral testimony or written statements to |
| 13 | | the zoning board of
appeals with respect to the decision |
| 14 | | appealed from. The notice shall be
mailed within 2 days of the |
| 15 | | filing of the action. The notice shall state
the caption of the |
| 16 | | action, the court in which the action is filed, and the
names |
| 17 | | of the plaintiff in the action and the applicant to the zoning |
| 18 | | board
of appeals. The notice shall inform the person of his or |
| 19 | | her right to
intervene. Each person who appeared before and |
| 20 | | submitted oral testimony
or written statements to the zoning |
| 21 | | board of appeals with respect to the
decision appealed from |
| 22 | | shall have a right to intervene as a defendant in
the action |
| 23 | | upon application made to the court within 30 days of the |
| 24 | | mailing
of the notice.
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| 25 | | (c) With respect to actions to review decisions of a |
| 26 | | hearing officer or a county zoning board of appeals under |
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| 1 | | Division 5-12 of Article 5 of the Counties Code, "parties of |
| 2 | | record" means only the hearing officer or the zoning board of |
| 3 | | appeals and applicants before the hearing officer or the zoning |
| 4 | | board of appeals. The plaintiff shall send a notice of filing |
| 5 | | of the action by certified mail to each other person who |
| 6 | | appeared before and submitted oral testimony or written |
| 7 | | statements to the hearing officer or the zoning board of |
| 8 | | appeals with respect to the decision appealed from. The notice |
| 9 | | shall be mailed within 2 days of the filing of the action. The |
| 10 | | notice shall state the caption of the action, the court in |
| 11 | | which the action is filed, and the name of the plaintiff in the |
| 12 | | action and the applicant to the hearing officer or the zoning |
| 13 | | board of appeals. The notice shall inform the person of his or |
| 14 | | her right to intervene. Each person who appeared before and |
| 15 | | submitted oral testimony or written statements to the hearing |
| 16 | | officer or the zoning board of appeals with respect to the |
| 17 | | decision appealed from shall have a right to intervene as a |
| 18 | | defendant in the action upon application made to the court |
| 19 | | within 30 days of the mailing of the notice. This subsection |
| 20 | | (c) applies to zoning proceedings commenced on or after the |
| 21 | | effective date of this amendatory Act of the 95th General |
| 22 | | Assembly.
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| 23 | | (d) The changes to this Section made by this amendatory Act |
| 24 | | of the 95th General Assembly apply to all actions filed on or |
| 25 | | after the effective date of this amendatory Act of the 95th |
| 26 | | General Assembly. |