Bill Text: IL SB0731 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2017-08-11 - Public Act . . . . . . . . . 100-0083 [SB0731 Detail]
Download: Illinois-2017-SB0731-Engrossed.html
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: (Passed) 2017-08-11 - Public Act . . . . . . . . . 100-0083 [SB0731 Detail]
Download: Illinois-2017-SB0731-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 3-107 as follows:
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6 | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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7 | Sec. 3-107. Defendants.
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8 | (a) Except as provided in subsection (b) or (c), in any | ||||||
9 | action to review any final
decision of an administrative | ||||||
10 | agency, the administrative agency and all
persons, other than | ||||||
11 | the plaintiff, who were parties of record to the
proceedings | ||||||
12 | before the
administrative agency shall be made defendants. The | ||||||
13 | method of service of the decision shall be as provided in the | ||||||
14 | Act governing the procedure before the administrative agency, | ||||||
15 | but if no method is provided, a decision shall be deemed to | ||||||
16 | have been served either when a copy of the decision is | ||||||
17 | personally delivered or when a copy of the decision is | ||||||
18 | deposited in the United States mail, in a sealed envelope or | ||||||
19 | package, with postage prepaid, addressed to the party affected | ||||||
20 | by the decision at his or her last known residence or place of | ||||||
21 | business. The form of the summons and the issuance of alias | ||||||
22 | summons shall be according to rules of the Supreme Court.
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23 | No action for administrative review shall be dismissed for |
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1 | lack of
jurisdiction based upon the failure to name an | ||||||
2 | employee, agent, or member, who
acted in his or her official | ||||||
3 | capacity, of an administrative agency, board,
committee, or | ||||||
4 | government entity, where the administrative agency, board,
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5 | committee, or government entity, has been named as a defendant | ||||||
6 | as provided in
this Section. Naming the director or agency | ||||||
7 | head, in his or her official
capacity, shall be deemed to | ||||||
8 | include as defendant the administrative agency,
board, | ||||||
9 | committee, or government entity that the named defendants | ||||||
10 | direct or
head. No action for administrative review shall be | ||||||
11 | dismissed for lack of
jurisdiction based upon the failure to | ||||||
12 | name an administrative agency, board,
committee, or government | ||||||
13 | entity, where the director or agency head, in his or
her | ||||||
14 | official capacity, has been named as a defendant as provided in | ||||||
15 | this
Section.
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16 | If, during the course of a review action, the court | ||||||
17 | determines that an agency or a party
of record to the | ||||||
18 | administrative proceedings was not made a defendant as
required | ||||||
19 | by the preceding paragraph, then the
court shall grant the | ||||||
20 | plaintiff 35 days from the date of the determination in
which | ||||||
21 | to name and serve the unnamed agency or party as a defendant. | ||||||
22 | The court shall
permit the newly served defendant to | ||||||
23 | participate in the proceedings to the
extent the interests of | ||||||
24 | justice may require.
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25 | (b) With respect to actions to review decisions of a zoning | ||||||
26 | board of
appeals in a municipality with a population of 500,000 |
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1 | or more inhabitants
under Division 13 of Article 11 of the | ||||||
2 | Illinois Municipal Code, "parties of
record" means only the | ||||||
3 | zoning board of appeals and applicants before the
zoning board | ||||||
4 | of appeals. The plaintiff shall send a notice of filing of
the | ||||||
5 | action by certified mail to each other person who appeared | ||||||
6 | before and
submitted oral testimony or written statements to | ||||||
7 | the zoning board of
appeals with respect to the decision | ||||||
8 | appealed from. The notice shall be
mailed within 2 days of the | ||||||
9 | filing of the action. The notice shall state
the caption of the | ||||||
10 | action, the court in which the action is filed, and the
names | ||||||
11 | of the plaintiff in the action and the applicant to the zoning | ||||||
12 | board
of appeals. The notice shall inform the person of his or | ||||||
13 | her right to
intervene. Each person who appeared before and | ||||||
14 | submitted oral testimony
or written statements to the zoning | ||||||
15 | board of appeals with respect to the
decision appealed from | ||||||
16 | shall have a right to intervene as a defendant in
the action | ||||||
17 | upon application made to the court within 30 days of the | ||||||
18 | mailing
of the notice.
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19 | (c) With respect to actions to review decisions of a | ||||||
20 | hearing officer or a county zoning board of appeals under | ||||||
21 | Division 5-12 of Article 5 of the Counties Code, "parties of | ||||||
22 | record" means only the hearing officer or the zoning board of | ||||||
23 | appeals and applicants before the hearing officer or the zoning | ||||||
24 | board of appeals. The plaintiff shall send a notice of filing | ||||||
25 | of the action by certified mail to each other person who | ||||||
26 | appeared before and submitted oral testimony or written |
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1 | statements to the hearing officer or the zoning board of | ||||||
2 | appeals with respect to the decision appealed from. The notice | ||||||
3 | shall be mailed within 2 days of the filing of the action. The | ||||||
4 | notice shall state the caption of the action, the court in | ||||||
5 | which the action is filed, and the name of the plaintiff in the | ||||||
6 | action and the applicant to the hearing officer or the zoning | ||||||
7 | board of appeals. The notice shall inform the person of his or | ||||||
8 | her right to intervene. Each person who appeared before and | ||||||
9 | submitted oral testimony or written statements to the hearing | ||||||
10 | officer or the zoning board of appeals with respect to the | ||||||
11 | decision appealed from shall have a right to intervene as a | ||||||
12 | defendant in the action upon application made to the court | ||||||
13 | within 30 days of the mailing of the notice. This subsection | ||||||
14 | (c) applies to zoning proceedings commenced on or after the | ||||||
15 | effective date of this amendatory Act of the 95th General | ||||||
16 | Assembly.
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17 | (d) The changes to this Section made by this amendatory Act | ||||||
18 | of the 95th General Assembly apply to all actions filed on or | ||||||
19 | after the effective date of this amendatory Act of the 95th | ||||||
20 | General Assembly. | ||||||
21 | (Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
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