Bill Amendment: IL SB0283 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIV PRO-ADMIN REVIEW-DEFENDANT

Status: 2023-06-09 - Public Act . . . . . . . . . 103-0067 [SB0283 Detail]

Download: Illinois-2023-SB0283-Senate_Amendment_001.html

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Sen. Julie A. Morrison

Filed: 2/15/2023

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AMENDMENT TO SENATE BILL 283
AMENDMENT NO. ______. Amend Senate Bill 283 by replacing
everything after the enacting clause with the following:
"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), (b-1), 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

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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: (1) based upon misnomer of an agency,
board, commission, or party that is properly served with
summons that was issued in the action within the applicable
time limits; or (2) for a 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 a timely action for administrative review has been filed
that identifies the final administrative decision under review
and that makes a good faith effort to properly name the
administrative agency, board, committee, or government entity.
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

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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 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

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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.
(b-1) With respect to an action to review a decision of an
administrative agency with final decision-making authority
over designated historic properties or areas under Section
11-48.2-4 of the Illinois Municipal Code or a decision of an
administrative agency with final decision-making authority
over exterior design review of buildings or structures under
item (12) of Section 11-13-1 of the Illinois Municipal Code,
"parties of record" means only the administrative agency and
applicants before the administrative agency. 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 a written statement to the administrative agency
with respect to the appealed decision. 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 was filed, and the names of the plaintiff in the action
and the applicant to the administrative agency. The notice
shall inform the person of his or her right to intervene. Each
person who appeared before and submitted oral testimony or a
written statement to the administrative agency with respect to
the appealed decision 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.

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(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 July
1, 2007 (the effective date of Public Act 95-321).
(d) The changes to this Section made by Public Act 95-831
apply to all actions filed on or after August 21, 2007 (the
effective date of Public Act 95-831). The changes made by

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Public Act 100-212 apply to all actions filed on or after
August 18, 2017 (the effective date of Public Act 100-212).
(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
100-863, eff. 8-14-18.)".