Sen. Julie A. Morrison

Filed: 2/15/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 283

2    AMENDMENT NO. ______. Amend Senate Bill 283 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1of the decision is personally delivered or when a copy of the
2decision is deposited in the United States mail, in a sealed
3envelope or package, with postage prepaid, addressed to the
4party affected by the decision at his or her last known
5residence or place of business. The form of the summons and the
6issuance of alias summons shall be according to rules of the
7Supreme Court.
8    No action for administrative review shall be dismissed for
9lack of jurisdiction: (1) based upon misnomer of an agency,
10board, commission, or party that is properly served with
11summons that was issued in the action within the applicable
12time limits; or (2) for a failure to name an employee, agent,
13or member, who acted in his or her official capacity, of an
14administrative agency, board, committee, or government entity
15where a timely action for administrative review has been filed
16that identifies the final administrative decision under review
17and that makes a good faith effort to properly name the
18administrative agency, board, committee, or government entity.
19Naming the director or agency head, in his or her official
20capacity, shall be deemed to include as defendant the
21administrative agency, board, committee, or government entity
22that the named defendants direct or head. No action for
23administrative review shall be dismissed for lack of
24jurisdiction based upon the failure to name an administrative
25agency, board, committee, or government entity, where the
26director or agency head, in his or her official capacity, has

 

 

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1been named as a defendant as provided in this Section.
2    If, during the course of a review action, the court
3determines that an agency or a party of record to the
4administrative proceedings was not made a defendant as
5required by the preceding paragraph, then the court shall
6grant the plaintiff 35 days from the date of the determination
7in which to name and serve the unnamed agency or party as a
8defendant. The court shall permit the newly served defendant
9to participate in the proceedings to the extent the interests
10of justice may require.
11    (b) With respect to actions to review decisions of a
12zoning board of appeals under Division 13 of Article 11 of the
13Illinois Municipal Code, "parties of record" means only the
14zoning board of appeals and applicants before the zoning board
15of appeals. The plaintiff shall send a notice of filing of the
16action by certified mail to each other person who appeared
17before and submitted oral testimony or written statements to
18the zoning board of appeals with respect to the decision
19appealed from. The notice shall be mailed within 2 days of the
20filing of the action. The notice shall state the caption of the
21action, the court in which the action is filed, and the names
22of the plaintiff in the action and the applicant to the zoning
23board of appeals. The notice shall inform the person of his or
24her right to intervene. Each person who appeared before and
25submitted oral testimony or written statements to the zoning
26board of appeals with respect to the decision appealed from

 

 

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1shall have a right to intervene as a defendant in the action
2upon application made to the court within 30 days of the
3mailing of the notice.
4    (b-1) With respect to an action to review a decision of an
5administrative agency with final decision-making authority
6over designated historic properties or areas under Section
711-48.2-4 of the Illinois Municipal Code or a decision of an
8administrative agency with final decision-making authority
9over exterior design review of buildings or structures under
10item (12) of Section 11-13-1 of the Illinois Municipal Code,
11"parties of record" means only the administrative agency and
12applicants before the administrative agency. The plaintiff
13shall send a notice of filing of the action by certified mail
14to each other person who appeared before and submitted oral
15testimony or a written statement to the administrative agency
16with respect to the appealed decision. The notice shall be
17mailed within 2 days of the filing of the action. The notice
18shall state the caption of the action, the court in which the
19action was filed, and the names of the plaintiff in the action
20and the applicant to the administrative agency. The notice
21shall inform the person of his or her right to intervene. Each
22person who appeared before and submitted oral testimony or a
23written statement to the administrative agency with respect to
24the appealed decision shall have a right to intervene as a
25defendant in the action upon application made to the court
26within 30 days of the mailing of the notice.

 

 

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1    (c) With respect to actions to review decisions of a
2hearing officer or a county zoning board of appeals under
3Division 5-12 of Article 5 of the Counties Code, "parties of
4record" means only the hearing officer or the zoning board of
5appeals and applicants before the hearing officer or the
6zoning board of appeals. The plaintiff shall send a notice of
7filing of the action by certified mail to each other person who
8appeared before and submitted oral testimony or written
9statements to the hearing officer or the zoning board of
10appeals with respect to the decision appealed from. The notice
11shall be mailed within 2 days of the filing of the action. The
12notice shall state the caption of the action, the court in
13which the action is filed, and the name of the plaintiff in the
14action and the applicant to the hearing officer or the zoning
15board of appeals. The notice shall inform the person of his or
16her right to intervene. Each person who appeared before and
17submitted oral testimony or written statements to the hearing
18officer or the zoning board of appeals with respect to the
19decision appealed from shall have a right to intervene as a
20defendant in the action upon application made to the court
21within 30 days of the mailing of the notice. This subsection
22(c) applies to zoning proceedings commenced on or after July
231, 2007 (the effective date of Public Act 95-321).
24    (d) The changes to this Section made by Public Act 95-831
25apply to all actions filed on or after August 21, 2007 (the
26effective date of Public Act 95-831). The changes made by

 

 

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1Public Act 100-212 apply to all actions filed on or after
2August 18, 2017 (the effective date of Public Act 100-212).
3(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
4100-863, eff. 8-14-18.)".