Full Text of SB0283 103rd General Assembly
SB0283sam001 103RD GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | of the decision is personally delivered or when a copy of the | 2 | | decision is deposited in the United States mail, in a sealed | 3 | | envelope or package, with postage prepaid, addressed to the | 4 | | party affected by the decision at his or her last known | 5 | | residence or place of business. The form of the summons and the | 6 | | issuance of alias summons shall be according to rules of the | 7 | | Supreme Court.
| 8 | | No action for administrative review shall be dismissed for | 9 | | lack of
jurisdiction: (1) based upon misnomer of an agency, | 10 | | board, commission, or party that is properly served with | 11 | | summons that was issued in the action within the applicable | 12 | | time limits; or (2) for a failure to name an employee, agent, | 13 | | or member, who
acted in his or her official capacity, of an | 14 | | administrative agency, board,
committee, or government entity | 15 | | where a timely action for administrative review has been filed | 16 | | that identifies the final administrative decision under review | 17 | | and that makes a good faith effort to properly name the | 18 | | administrative agency, board,
committee, or government entity. | 19 | | Naming the director or agency head, in his or her official
| 20 | | capacity, shall be deemed to include as defendant the | 21 | | administrative agency,
board, committee, or government entity | 22 | | that the named defendants direct or
head. No action for | 23 | | administrative review shall be dismissed for lack of
| 24 | | jurisdiction based upon the failure to name an administrative | 25 | | agency, board,
committee, or government entity, where the | 26 | | director or agency head, in his or
her official capacity, has |
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| 1 | | been named as a defendant as provided in this
Section.
| 2 | | If, during the course of a review action, the court | 3 | | determines that an agency or a party
of record to the | 4 | | administrative proceedings was not made a defendant as
| 5 | | required by the preceding paragraph, then the
court shall | 6 | | grant the plaintiff 35 days from the date of the determination | 7 | | in
which to name and serve the unnamed agency or party as a | 8 | | defendant. The court shall
permit the newly served defendant | 9 | | to participate in the proceedings to the
extent the interests | 10 | | of justice may require.
| 11 | | (b) With respect to actions to review decisions of a | 12 | | zoning board of
appeals under Division 13 of Article 11 of the | 13 | | Illinois Municipal Code, "parties of
record" means only the | 14 | | zoning board of appeals and applicants before the
zoning board | 15 | | of appeals. The plaintiff shall send a notice of filing of
the | 16 | | action by certified mail to each other person who appeared | 17 | | before and
submitted oral testimony or written statements to | 18 | | the zoning board of
appeals with respect to the decision | 19 | | appealed from. The notice shall be
mailed within 2 days of the | 20 | | filing of the action. The notice shall state
the caption of the | 21 | | action, the court in which the action is filed, and the
names | 22 | | of the plaintiff in the action and the applicant to the zoning | 23 | | board
of appeals. The notice shall inform the person of his or | 24 | | her right to
intervene. Each person who appeared before and | 25 | | submitted oral testimony
or written statements to the zoning | 26 | | board of appeals with respect to the
decision appealed from |
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| 1 | | shall have a right to intervene as a defendant in
the action | 2 | | upon application made to the court within 30 days of the | 3 | | mailing
of the notice.
| 4 | | (b-1) With respect to an action to review a decision of an | 5 | | administrative agency with final decision-making authority | 6 | | over designated historic properties or areas under Section | 7 | | 11-48.2-4 of the Illinois Municipal Code or a decision of an | 8 | | administrative agency with final decision-making authority | 9 | | over exterior design review of buildings or structures under | 10 | | item (12) of Section 11-13-1 of the Illinois Municipal Code, | 11 | | "parties of record" means only the administrative agency and | 12 | | applicants before the administrative agency. The plaintiff | 13 | | shall send a notice of filing of the action by certified mail | 14 | | to each other person who appeared before and submitted oral | 15 | | testimony or a written statement to the administrative agency | 16 | | with respect to the appealed decision. The notice shall be | 17 | | mailed within 2 days of the filing of the action. The notice | 18 | | shall state the caption of the action, the court in which the | 19 | | action was filed, and the names of the plaintiff in the action | 20 | | and the applicant to the administrative agency. The notice | 21 | | shall inform the person of his or her right to intervene. Each | 22 | | person who appeared before and submitted oral testimony or a | 23 | | written statement to the administrative agency with respect to | 24 | | the appealed decision shall have a right to intervene as a | 25 | | defendant in the action upon application made to the court | 26 | | within 30 days of the mailing of the notice. |
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| 1 | | (c) With respect to actions to review decisions of a | 2 | | hearing officer or a county zoning board of appeals under | 3 | | Division 5-12 of Article 5 of the Counties Code, "parties of | 4 | | record" means only the hearing officer or the zoning board of | 5 | | appeals and applicants before the hearing officer or the | 6 | | zoning board of appeals. The plaintiff shall send a notice of | 7 | | filing of the action by certified mail to each other person who | 8 | | appeared before and submitted oral testimony or written | 9 | | statements to the hearing officer or the zoning board of | 10 | | appeals with respect to the decision appealed from. The notice | 11 | | shall be mailed within 2 days of the filing of the action. The | 12 | | notice shall state the caption of the action, the court in | 13 | | which the action is filed, and the name of the plaintiff in the | 14 | | action and the applicant to the hearing officer or 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 hearing | 18 | | officer or the zoning board of appeals with respect to the | 19 | | decision appealed from shall have a right to intervene as a | 20 | | defendant in the action upon application made to the court | 21 | | within 30 days of the mailing of the notice. This subsection | 22 | | (c) applies to zoning proceedings commenced on or after July | 23 | | 1, 2007 (the effective date of Public Act 95-321).
| 24 | | (d) The changes to this Section made by Public Act 95-831 | 25 | | apply to all actions filed on or after August 21, 2007 (the | 26 | | effective date of Public Act 95-831). The changes made by |
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| 1 | | Public Act 100-212 apply to all actions filed on or after | 2 | | August 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; | 4 | | 100-863, eff. 8-14-18.)".
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