Bill Text: IL SB0731 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Administrative Review Law of the Code of Civil Procedure. Provides that: the term "parties of record" does not include individuals who are not acting in an official capacity and whose participation in proceedings before an administrative agency is limited to attendance or testimony at a public hearing or submission of written statements to the agency; the plaintiff shall send a notice of filing of the action by certified mail to each individual who is not a party of record and who submitted testimony or a written statement to the administrative agency with respect to the decision from which the action to review is taken; and an individual who submitted testimony or a written statement to the administrative agency with respect to the decision from which the action to review is taken has 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled) 2017-05-19 - Passed Both Houses [SB0731 Detail]

Download: Illinois-2017-SB0731-Enrolled.html



SB0731 EnrolledLRB100 08389 HEP 18501 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) or (c), in any
9action to review any final decision of an administrative
10agency, the administrative agency and all persons, other than
11the plaintiff, who were parties of record to the proceedings
12before the administrative agency shall be made defendants. The
13method of service of the decision shall be as provided in the
14Act governing the procedure before the administrative agency,
15but if no method is provided, a decision shall be deemed to
16have been served either when a copy of the decision is
17personally delivered or when a copy of the decision is
18deposited in the United States mail, in a sealed envelope or
19package, with postage prepaid, addressed to the party affected
20by the decision at his or her last known residence or place of
21business. The form of the summons and the issuance of alias
22summons shall be according to rules of the Supreme Court.
23 No action for administrative review shall be dismissed for

SB0731 Enrolled- 2 -LRB100 08389 HEP 18501 b
1lack of jurisdiction based upon the failure to name an
2employee, agent, or member, who acted in his or her official
3capacity, of an administrative agency, board, committee, or
4government entity, where the administrative agency, board,
5committee, or government entity, has been named as a defendant
6as provided in this Section. Naming the director or agency
7head, in his or her official capacity, shall be deemed to
8include as defendant the administrative agency, board,
9committee, or government entity that the named defendants
10direct or head. No action for administrative review shall be
11dismissed for lack of jurisdiction based upon the failure to
12name an administrative agency, board, committee, or government
13entity, where the director or agency head, in his or her
14official capacity, has been named as a defendant as provided in
15this Section.
16 If, during the course of a review action, the court
17determines that an agency or a party of record to the
18administrative proceedings was not made a defendant as required
19by the preceding paragraph, then the court shall grant the
20plaintiff 35 days from the date of the determination in which
21to name and serve the unnamed agency or party as a defendant.
22The court shall permit the newly served defendant to
23participate in the proceedings to the extent the interests of
24justice may require.
25 (b) With respect to actions to review decisions of a zoning
26board of appeals in a municipality with a population of 500,000

SB0731 Enrolled- 3 -LRB100 08389 HEP 18501 b
1or more inhabitants under Division 13 of Article 11 of the
2Illinois Municipal Code, "parties of record" means only the
3zoning board of appeals and applicants before the zoning board
4of appeals. The plaintiff shall send a notice of filing of the
5action by certified mail to each other person who appeared
6before and submitted oral testimony or written statements to
7the zoning board of appeals with respect to the decision
8appealed from. The notice shall be mailed within 2 days of the
9filing of the action. The notice shall state the caption of the
10action, the court in which the action is filed, and the names
11of the plaintiff in the action and the applicant to the zoning
12board of appeals. The notice shall inform the person of his or
13her right to intervene. Each person who appeared before and
14submitted oral testimony or written statements to the zoning
15board of appeals with respect to the decision appealed from
16shall have a right to intervene as a defendant in the action
17upon application made to the court within 30 days of the
18mailing of the notice.
19 (c) With respect to actions to review decisions of a
20hearing officer or a county zoning board of appeals under
21Division 5-12 of Article 5 of the Counties Code, "parties of
22record" means only the hearing officer or the zoning board of
23appeals and applicants before the hearing officer or the zoning
24board of appeals. The plaintiff shall send a notice of filing
25of the action by certified mail to each other person who
26appeared before and submitted oral testimony or written

SB0731 Enrolled- 4 -LRB100 08389 HEP 18501 b
1statements to the hearing officer or the zoning board of
2appeals with respect to the decision appealed from. The notice
3shall be mailed within 2 days of the filing of the action. The
4notice shall state the caption of the action, the court in
5which the action is filed, and the name of the plaintiff in the
6action and the applicant to the hearing officer or the zoning
7board of appeals. The notice shall inform the person of his or
8her right to intervene. Each person who appeared before and
9submitted oral testimony or written statements to the hearing
10officer or the zoning board of appeals with respect to the
11decision appealed from shall have a right to intervene as a
12defendant in the action upon application made to the court
13within 30 days of the mailing of the notice. This subsection
14(c) applies to zoning proceedings commenced on or after the
15effective date of this amendatory Act of the 95th General
16Assembly.
17 (d) The changes to this Section made by this amendatory Act
18of the 95th General Assembly apply to all actions filed on or
19after the effective date of this amendatory Act of the 95th
20General Assembly.
21(Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
feedback