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1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Code of Civil Procedure is amended by
5		changing Section 3-107 as follows:
6		(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
7		Sec. 3-107. Defendants.
8		(a) Except as provided in subsection (b), (b-1), or (c),
9		in any action to review any final decision of an
10		administrative agency, the administrative agency and all
11		persons, other than the plaintiff, who were parties of record
12		to the proceedings before the administrative agency shall be
13		made defendants. The method of service of the decision shall
14		be as provided in the Act governing the procedure before the
15		administrative agency, but if no method is provided, a
16		decision shall be deemed to have been served either when a copy
17		of the decision is personally delivered or when a copy of the
18		decision is deposited in the United States mail, in a sealed
19		envelope or package, with postage prepaid, addressed to the
20		party affected by the decision at his or her last known
21		residence or place of business. The form of the summons and the
22		issuance of alias summons shall be according to rules of the
23		Supreme Court.

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1		No action for administrative review shall be dismissed for
2		lack of jurisdiction: (1) based upon misnomer of an agency,
3		board, commission, or party that is properly served with
4		summons that was issued in the action within the applicable
5		time limits; or (2) for a failure to name an employee, agent,
6		or member, who acted in his or her official capacity, of an
7		administrative agency, board, committee, or government entity
8		where a timely action for administrative review has been filed
9		that identifies the final administrative decision under review
10		and that makes a good faith effort to properly name the
11		administrative agency, board, committee, or government entity.
12		Naming the director or agency head, in his or her official
13		capacity, shall be deemed to include as defendant the
14		administrative agency, board, committee, or government entity
15		that the named defendants direct or head. No action for
16		administrative review shall be dismissed for lack of
17		jurisdiction based upon the failure to name an administrative
18		agency, board, committee, or government entity, where the
19		director or agency head, in his or her official capacity, has
20		been named as a defendant as provided in this Section.
21		If, during the course of a review action, the court
22		determines that an agency or a party of record to the
23		administrative proceedings was not made a defendant as
24		required by the preceding paragraph, then the court shall
25		grant the plaintiff 35 days from the date of the determination
26		in which to name and serve the unnamed agency or party as a

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1		defendant. The court shall permit the newly served defendant
2		to participate in the proceedings to the extent the interests
3		of justice may require.
4		(b) With respect to actions to review decisions of a
5		zoning board of appeals under Division 13 of Article 11 of the
6		Illinois Municipal Code, "parties of record" means only the
7		zoning board of appeals and applicants before the zoning board
8		of appeals. The plaintiff shall send a notice of filing of the
9		action by certified mail to each other person who appeared
10		before and submitted oral testimony or written statements to
11		the zoning board of appeals with respect to the decision
12		appealed from. The notice shall be mailed within 2 days of the
13		filing of the action. The notice shall state the caption of the
14		action, the court in which the action is filed, and the names
15		of the plaintiff in the action and the applicant to the zoning
16		board of appeals. The notice shall inform the person of his or
17		her right to intervene. Each person who appeared before and
18		submitted oral testimony or written statements to the zoning
19		board of appeals with respect to the decision appealed from
20		shall have a right to intervene as a defendant in the action
21		upon application made to the court within 30 days of the
22		mailing of the notice.
23		(b-1) With respect to an action to review a decision of an
24		administrative agency with final decision-making authority
25		over designated historic properties or areas under Section
26		11-48.2-4 of the Illinois Municipal Code or a decision of an

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1		administrative agency with final decision-making authority
2		over exterior design review of buildings or structures under
3		item (12) of Section 11-13-1 of the Illinois Municipal Code,
4		"parties of record" means only the administrative agency and
5		applicants before the administrative agency. The plaintiff
6		shall send a notice of filing of the action by certified mail
7		to each other person who appeared before and submitted oral
8		testimony or a written statement to the administrative agency
9		with respect to the appealed decision. The notice shall be
10		mailed within 2 days of the filing of the action. The notice
11		shall state the caption of the action, the court in which the
12		action was filed, and the names of the plaintiff in the action
13		and the applicant to the administrative agency. The notice
14		shall inform the person of his or her right to intervene. Each
15		person who appeared before and submitted oral testimony or a
16		written statement to the administrative agency with respect to
17		the appealed decision 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.
20		(c) With respect to actions to review decisions of a
21		hearing officer or a county zoning board of appeals under
22		Division 5-12 of Article 5 of the Counties Code, "parties of
23		record" means only the hearing officer or the zoning board of
24		appeals and applicants before the hearing officer or the
25		zoning board of appeals. The plaintiff shall send a notice of
26		filing of the action by certified mail to each other person who

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1		appeared before and submitted oral testimony or written
2		statements to the hearing officer or the zoning board of
3		appeals with respect to the decision appealed from. The notice
4		shall be mailed within 2 days of the filing of the action. The
5		notice shall state the caption of the action, the court in
6		which the action is filed, and the name of the plaintiff in the
7		action and the applicant to the hearing officer or the zoning
8		board of appeals. The notice shall inform the person of his or
9		her right to intervene. Each person who appeared before and
10		submitted oral testimony or written statements to the hearing
11		officer or the zoning board of appeals with respect to the
12		decision appealed from shall have a right to intervene as a
13		defendant in the action upon application made to the court
14		within 30 days of the mailing of the notice. This subsection
15		(c) applies to zoning proceedings commenced on or after July
16		1, 2007 (the effective date of Public Act 95-321).
17		(d) The changes to this Section made by Public Act 95-831
18		apply to all actions filed on or after August 21, 2007 (the
19		effective date of Public Act 95-831). The changes made by
20		Public Act 100-212 apply to all actions filed on or after
21		August 18, 2017 (the effective date of Public Act 100-212).
22		(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
23		100-863, eff. 8-14-18.)