Full Text of SB0584 100th General Assembly
SB0584sam001 100TH GENERAL ASSEMBLY | Sen. Jason A. Barickman Filed: 3/7/2017
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| 1 | | AMENDMENT TO SENATE BILL 584
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 584 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 10-50 as follows:
| 6 | | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| 7 | | Sec. 10-50. Decisions and orders.
| 8 | | (a) A final decision or order adverse to a party (other | 9 | | than the agency)
in a contested case shall be in writing or | 10 | | stated in the record. A final
decision shall include findings | 11 | | of fact and conclusions of law, separately
stated. Findings of | 12 | | fact, if set forth in statutory language, shall be
accompanied | 13 | | by a concise and explicit statement of the underlying facts
| 14 | | supporting the findings. If, in accordance with agency rules, a | 15 | | party
submitted proposed findings of fact, the decision shall | 16 | | include a ruling
upon each proposed finding. Parties or their |
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| 1 | | agents appointed to receive
service of process shall be | 2 | | notified either personally or by registered or
certified mail | 3 | | of any decision or order. Upon request a copy of the
decision | 4 | | or order shall be delivered or mailed forthwith to each party | 5 | | and
to his attorney of record.
| 6 | | (b) All agency orders shall specify whether they are final | 7 | | and subject
to the Administrative Review Law. Every final order | 8 | | shall contain a list of all parties of record to the case | 9 | | including the name and address of the agency or officer | 10 | | entering the order and the addresses of each party as known to | 11 | | the agency where the parties may be served with pleadings, | 12 | | notices, or service of process for any review or further | 13 | | proceedings. Every final order shall also state whether the | 14 | | rules of the agency require any motion or request for | 15 | | reconsideration to make the decision reviewable under the | 16 | | Administrative Review Law and shall cite the rule for the | 17 | | requirement. The changes made by this amendatory Act of the | 18 | | 100th General Assembly apply to all actions filed under the | 19 | | Administrative Review Law on or after the effective date of | 20 | | this amendatory Act of the 100th General Assembly.
| 21 | | (c) A decision by any agency in a contested case under this | 22 | | Act shall be
void unless the proceedings are conducted in | 23 | | compliance with the provisions
of this Act relating to | 24 | | contested cases, except to the extent those provisions
are | 25 | | waived under Section 10-70 and except to the extent the
agency | 26 | | has adopted its own rules for contested cases as authorized in |
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| 1 | | Section
1-5.
| 2 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 3 | | Section 10. The Code of Civil Procedure is amended by | 4 | | changing Sections 3-107 and 3-111 as follows:
| 5 | | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
| 6 | | Sec. 3-107. Defendants.
| 7 | | (a) Except as provided in subsection (b) or (c), in any | 8 | | action to review any final
decision of an administrative | 9 | | agency, the administrative agency and all
persons, other than | 10 | | the plaintiff, who were parties of record to the
proceedings | 11 | | before the
administrative agency shall be made defendants. The | 12 | | method of service of the decision shall be as provided in the | 13 | | Act governing the procedure before the administrative agency, | 14 | | but if no method is provided, a decision shall be deemed to | 15 | | have been served either when a copy of the decision is | 16 | | personally delivered or when a copy of the decision is | 17 | | deposited in the United States mail, in a sealed envelope or | 18 | | package, with postage prepaid, addressed to the party affected | 19 | | by the decision at his or her last known residence or place of | 20 | | business. The form of the summons and the issuance of alias | 21 | | summons shall be according to rules of the Supreme Court.
| 22 | | No action for administrative review shall be dismissed for | 23 | | lack of
jurisdiction : (1) based upon misnomer of an agency, | 24 | | board, commission, or party that is properly served with |
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| 1 | | summons that was issued in the action within the applicable | 2 | | time limits; or (2) for a the failure to name an employee, | 3 | | agent, or member, who
acted in his or her official capacity, of | 4 | | an administrative agency, board,
committee, or government | 5 | | entity , where a timely action for administrative review has | 6 | | been filed that identifies the final administrative decision | 7 | | under review and that makes a good faith effort to properly | 8 | | name the administrative agency, board,
committee, or | 9 | | government entity , has been named as a defendant as provided in
| 10 | | this Section . Naming the director or agency head, in his or her | 11 | | official
capacity, shall be deemed to include as defendant the | 12 | | administrative agency,
board, committee, or government entity | 13 | | that the named defendants direct or
head. No action for | 14 | | administrative review shall be dismissed for lack of
| 15 | | jurisdiction based upon the failure to name an administrative | 16 | | agency, board,
committee, or government entity, where the | 17 | | director or agency head, in his or
her official capacity, has | 18 | | been named as a defendant as provided in this
Section.
| 19 | | If, during the course of a review action, the court | 20 | | determines that an agency or a party
of record to the | 21 | | administrative proceedings was not made a defendant as
required | 22 | | by the preceding paragraph, then the
court shall grant the | 23 | | plaintiff 35 days from the date of the determination in
which | 24 | | to name and serve the unnamed agency or party as a defendant. | 25 | | The court shall
permit the newly served defendant to | 26 | | participate in the proceedings to the
extent the interests of |
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| 1 | | justice may require.
| 2 | | (b) With respect to actions to review decisions of a zoning | 3 | | board of
appeals in a municipality with a population of 500,000 | 4 | | or more inhabitants
under Division 13 of Article 11 of the | 5 | | Illinois Municipal Code, "parties of
record" means only the | 6 | | zoning board of appeals and applicants before the
zoning board | 7 | | of appeals. The plaintiff shall send a notice of filing of
the | 8 | | action by certified mail to each other person who appeared | 9 | | before and
submitted oral testimony or written statements to | 10 | | the zoning board of
appeals with respect to the decision | 11 | | appealed from. The notice shall be
mailed within 2 days of the | 12 | | filing of the action. The notice shall state
the caption of the | 13 | | action, the court in which the action is filed, and the
names | 14 | | of the plaintiff in the action and the applicant to the zoning | 15 | | board
of appeals. The notice shall inform the person of his or | 16 | | her right to
intervene. Each person who appeared before and | 17 | | submitted oral testimony
or written statements to the zoning | 18 | | board of appeals with respect to the
decision appealed from | 19 | | shall have a right to intervene as a defendant in
the action | 20 | | upon application made to the court within 30 days of the | 21 | | mailing
of the notice.
| 22 | | (c) With respect to actions to review decisions of a | 23 | | hearing officer or a county zoning board of appeals under | 24 | | Division 5-12 of Article 5 of the Counties Code, "parties of | 25 | | record" means only the hearing officer or the zoning board of | 26 | | appeals and applicants before the hearing officer or the zoning |
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| 1 | | board of appeals. The plaintiff shall send a notice of filing | 2 | | of the action by certified mail to each other person who | 3 | | appeared before and submitted oral testimony or written | 4 | | statements to the hearing officer or the zoning board of | 5 | | appeals with respect to the decision appealed from. The notice | 6 | | shall be mailed within 2 days of the filing of the action. The | 7 | | notice shall state the caption of the action, the court in | 8 | | which the action is filed, and the name of the plaintiff in the | 9 | | action and the applicant to the hearing officer or the zoning | 10 | | board of appeals. The notice shall inform the person of his or | 11 | | her right to intervene. Each person who appeared before and | 12 | | submitted oral testimony or written statements to the hearing | 13 | | officer or the zoning board of appeals with respect to the | 14 | | decision appealed from shall have a right to intervene as a | 15 | | defendant in the action upon application made to the court | 16 | | within 30 days of the mailing of the notice. This subsection | 17 | | (c) applies to zoning proceedings commenced on or after July 1, | 18 | | 2007 ( the effective date of Public Act 95-321) this amendatory | 19 | | Act of the 95th General Assembly .
| 20 | | (d) The changes to this Section made by Public Act | 21 | | 95-831 this amendatory Act of the 95th General Assembly apply to | 22 | | all actions filed on or after August 21, 2007 ( the effective | 23 | | date of Public Act 95-831) this amendatory Act of the 95th | 24 | | General Assembly . The changes made by this amendatory Act of | 25 | | the 100th General Assembly apply to all actions filed on or | 26 | | after the effective date of this amendatory Act of the 100th |
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| 1 | | General Assembly. | 2 | | (Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
| 3 | | (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
| 4 | | Sec. 3-111. Powers of circuit court.
| 5 | | (a) The Circuit Court has power:
| 6 | | (1) with or without requiring bond (except if otherwise | 7 | | provided in
the particular statute under authority of which | 8 | | the administrative
decision was entered), and before or | 9 | | after answer filed, upon notice to
the agency and good | 10 | | cause shown, to stay the decision of the
administrative | 11 | | agency in whole or in part pending the final disposition
of | 12 | | the case. For the purpose of this subsection, "good cause" | 13 | | requires the
applicant to show (i) that an immediate stay | 14 | | is required in order to preserve
the status quo without | 15 | | endangering the public, (ii) that it is not contrary to
| 16 | | public policy, and (iii) that there exists a reasonable | 17 | | likelihood of success
on the merits;
| 18 | | (2) to make any order that it deems proper for the | 19 | | amendment,
completion or filing of the record of | 20 | | proceedings of the administrative
agency;
| 21 | | (3) to allow substitution of parties by reason of | 22 | | marriage, death,
bankruptcy, assignment or other cause;
| 23 | | (4) to dismiss parties, to correct misnomers , | 24 | | including any erroneous identification of the | 25 | | administrative agency that was made in good faith , to |
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| 1 | | realign parties, or to join agencies or parties;
| 2 | | (5) to affirm or reverse the decision in whole or in | 3 | | part;
| 4 | | (6) where a hearing has been held by the agency, to | 5 | | reverse and
remand the decision in whole or in part, and, | 6 | | in that case, to
state the questions requiring further | 7 | | hearing or proceedings and to give such
other instructions | 8 | | as may be proper;
| 9 | | (7) where a hearing has been held by the agency, to | 10 | | remand for the
purpose of taking additional evidence when | 11 | | from the state of the record
of the administrative agency | 12 | | or otherwise it shall appear that such
action is just. | 13 | | However, no remandment shall be made on the ground of
newly | 14 | | discovered evidence unless it appears to the satisfaction | 15 | | of the
court that such evidence has in fact been discovered | 16 | | subsequent to the
termination of the proceedings before the | 17 | | administrative agency and that
it could not by the exercise | 18 | | of reasonable diligence have been obtained
at such | 19 | | proceedings; and that such evidence is material to the | 20 | | issues
and is not cumulative;
| 21 | | (8) in case of affirmance or partial affirmance of an | 22 | | administrative
decision which requires the payment of | 23 | | money, to enter judgment for the
amount justified by the | 24 | | record and for costs, which judgment may be enforced
as | 25 | | other judgments for the recovery of money;
| 26 | | (9) when the particular statute under authority of |
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| 1 | | which the
administrative decision was entered requires the | 2 | | plaintiff to file a
satisfactory bond and provides for the | 3 | | dismissal of the action for the
plaintiff's failure to | 4 | | comply with this requirement unless the court is
authorized | 5 | | by the particular statute to enter, and does enter, an | 6 | | order
imposing a lien upon the plaintiff's property, to | 7 | | take such proofs and
to enter such orders as may be | 8 | | appropriate to carry out the provisions
of the particular | 9 | | statute. However, the court shall not
approve the bond, nor | 10 | | enter an order for the lien, in any amount which
is less | 11 | | than that prescribed by the particular statute under | 12 | | authority
of which the administrative decision was entered | 13 | | if the statute
provides what the minimum amount of the bond | 14 | | or lien shall be or
provides how said minimum amount shall | 15 | | be determined.
No such bond shall be approved by the court | 16 | | without notice
to, and an opportunity to be heard thereon | 17 | | by, the administrative agency
affected. The lien, created | 18 | | by the entry of a court
order in lieu of a bond, shall not | 19 | | apply to property exempted from the
lien by the particular | 20 | | statute under authority of which the
administrative | 21 | | decision was entered. The lien shall not be effective
| 22 | | against real property whose title is registered under the | 23 | | provisions of
the Registered Titles (Torrens) Act until
the | 24 | | provisions of Section 85 of that Act are complied with.
| 25 | | (b) Technical errors in the proceedings before the | 26 | | administrative
agency or its failure to observe the technical |
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| 1 | | rules of evidence shall
not constitute grounds for the reversal | 2 | | of the administrative decision
unless it appears to the court | 3 | | that such error or failure
materially affected the rights of | 4 | | any party and resulted in substantial
injustice to him or her.
| 5 | | (c) On motion of either party, the circuit court shall make | 6 | | findings
of fact or state the propositions of law upon which | 7 | | its judgment is
based.
| 8 | | (d) The changes to this Section made by Public Act 95-831 | 9 | | this amendatory Act of the 95th General Assembly apply to all | 10 | | actions filed on or after August 21, 2007 ( the effective date | 11 | | of Public Act 95-831) this amendatory Act of the 95th General | 12 | | Assembly . The changes made by this amendatory Act of the 100th | 13 | | General Assembly apply to all actions filed on or after the | 14 | | effective date of this amendatory Act of the 100th General | 15 | | Assembly. | 16 | | (Source: P.A. 95-831, eff. 8-14-08.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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