103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0283

 

Introduced 2/2/2023, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/3-107  from Ch. 110, par. 3-107

    Amends the Administrative Review Article of the Code of Civil Procedure. Provides that with respect to an action to review a decision of an administrative agency with final decision-making authority over designated historic properties or areas or a decision of an administrative agency with final decision-making authority over exterior design review of buildings or structures, "parties of record" means only the administrative agency and applicants before the administrative agency, and "parties of record" does not mean persons who appeared before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed. Provides that, within 2 days of filing the action, 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. Provides that 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. Provides that the notice shall inform the person of his or her right to intervene. Provides that 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.


LRB103 27660 LNS 54037 b

 

 

A BILL FOR

 

SB0283LRB103 27660 LNS 54037 b

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

 

 

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

 

 

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1defendant. The court shall permit the newly served defendant
2to participate in the proceedings to the extent the interests
3of justice may require.
4    (b) With respect to actions to review decisions of a
5zoning board of appeals under Division 13 of Article 11 of the
6Illinois Municipal Code, "parties of record" means only the
7zoning board of appeals and applicants before the zoning board
8of appeals. The plaintiff shall send a notice of filing of the
9action by certified mail to each other person who appeared
10before and submitted oral testimony or written statements to
11the zoning board of appeals with respect to the decision
12appealed from. The notice shall be mailed within 2 days of the
13filing of the action. The notice shall state the caption of the
14action, the court in which the action is filed, and the names
15of the plaintiff in the action and the applicant to the zoning
16board of appeals. The notice shall inform the person of his or
17her right to intervene. Each person who appeared before and
18submitted oral testimony or written statements to the zoning
19board of appeals with respect to the decision appealed from
20shall have a right to intervene as a defendant in the action
21upon application made to the court within 30 days of the
22mailing of the notice.
23    (b-1) With respect to an action to review a decision of an
24administrative agency with final decision-making authority
25over designated historic properties or areas under Section
2611-48.2-4 of the Illinois Municipal Code or a decision of an

 

 

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1administrative agency with final decision-making authority
2over exterior design review of buildings or structures under
3item (12) of Section 11-13-1 of the Illinois Municipal Code,
4"parties of record" means only the administrative agency and
5applicants before the administrative agency. "Parties of
6record" does not mean persons who appeared before and
7submitted oral testimony or written statements to the zoning
8board of appeals with respect to the decision appealed. Such
9persons shall not be named in an action to review decisions of
10a zoning board of appeal unless they intervene in accordance
11with the final sentence of this subsection. The plaintiff
12shall send a notice of filing of the action by certified mail
13to each other person who appeared before and submitted oral
14testimony or a written statement to the administrative agency
15with respect to the appealed decision. The notice shall be
16mailed within 2 days of the filing of the action. The notice
17shall state the caption of the action, the court in which the
18action was filed, and the names of the plaintiff in the action
19and the applicant to the administrative agency. The notice
20shall inform the person of his or her right to intervene. Each
21person who appeared before and submitted oral testimony or a
22written statement to the administrative agency with respect to
23the appealed decision shall have a right to intervene as a
24defendant in the action upon application made to the court
25within 30 days of the mailing of the notice.
26    (c) With respect to actions to review decisions of a

 

 

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1hearing officer or a county zoning board of appeals under
2Division 5-12 of Article 5 of the Counties Code, "parties of
3record" means only the hearing officer or the zoning board of
4appeals and applicants before the hearing officer or the
5zoning board of appeals. The plaintiff shall send a notice of
6filing of the action by certified mail to each other person who
7appeared before and submitted oral testimony or written
8statements to the hearing officer or the zoning board of
9appeals with respect to the decision appealed from. The notice
10shall be mailed within 2 days of the filing of the action. The
11notice shall state the caption of the action, the court in
12which the action is filed, and the name of the plaintiff in the
13action and the applicant to the hearing officer or the zoning
14board of appeals. The notice shall inform the person of his or
15her right to intervene. Each person who appeared before and
16submitted oral testimony or written statements to the hearing
17officer or the zoning board of appeals with respect to the
18decision appealed from shall have a right to intervene as a
19defendant in the action upon application made to the court
20within 30 days of the mailing of the notice. This subsection
21(c) applies to zoning proceedings commenced on or after July
221, 2007 (the effective date of Public Act 95-321).
23    (d) The changes to this Section made by Public Act 95-831
24apply to all actions filed on or after August 21, 2007 (the
25effective date of Public Act 95-831). The changes made by
26Public Act 100-212 apply to all actions filed on or after

 

 

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1August 18, 2017 (the effective date of Public Act 100-212).
2(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
3100-863, eff. 8-14-18.)