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| Public Act 103-0067
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| SB0283 Enrolled | LRB103 27660 LNS 54037 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 3-107 as follows:
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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Sec. 3-107. Defendants.
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(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
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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.
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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
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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
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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.
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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
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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 |
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defendant. The court shall
permit the newly served defendant |
to participate in the proceedings to the
extent the interests |
of justice may require.
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(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 |
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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(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 |
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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. |
(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 |
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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).
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(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 |
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.)
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