Public Act 095-0321
 
SB0029 Enrolled LRB095 03431 AJO 23435 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) subsection
(b), 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. 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 a party of record to the administrative
proceedings was not made a defendant as required by the
preceding paragraph, and only if that party was not named by
the administrative agency in its final order as a party of
record, then the court shall grant the plaintiff 21 days from
the date of the determination in which to name and serve the
unnamed 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.
(Source: P.A. 88-1; 88-655, eff. 9-16-94; 89-438, eff.
12-15-95; 89-685, eff. 6-1-97.)
 
    Section 99. Effective date. This Act takes effect July 1,
2007.