Public Act 103-0067
 
SB0283 EnrolledLRB103 27660 LNS 54037 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 3-107 as follows:
 



    (735 ILCS 5/3-107)  (from Ch. 110, par. 3-107)



    Sec. 3-107. Defendants. 

    (a) Except as provided in subsection (b), (b-1), or (c), 
in any action to review any final
decision of an 
administrative agency, the administrative agency and all

persons, other than the plaintiff, who were parties of record 
to the
proceedings before the
administrative agency shall be 
made defendants. The method of service of the decision shall 
be as provided in the Act governing the procedure before the 
administrative agency, but if no method is provided, a 
decision shall be deemed to have been served either when a copy 
of the decision is personally delivered or when a copy of the 
decision is deposited in the United States mail, in a sealed 
envelope or package, with postage prepaid, addressed to the 
party affected by the decision at his or her last known 
residence or place of business.  The form of the summons and the 
issuance of alias summons shall be according to rules of the 
Supreme Court.

    No action for administrative review shall be dismissed for 
lack of
jurisdiction: (1) based upon misnomer of an agency, 
board, commission, or party that is properly served with 
summons that was issued in the action within the applicable 
time limits; or (2) for a failure to name an employee, agent, 
or member, who
acted in his or her official capacity, of an 
administrative agency, board,
committee, or government entity 
where a timely action for administrative review has been filed 
that identifies the final administrative decision under review 
and that makes a good faith effort to properly name the 
administrative agency, board,
committee, or government entity.  
Naming the director or agency head, in his or her official

capacity, shall be deemed to include as defendant the 
administrative agency,
board, committee, or government entity 
that the named defendants direct or
head.  No action for 
administrative review shall be dismissed for lack of

jurisdiction based upon the failure to name an administrative 
agency, board,
committee, or government entity, where the 
director or agency head, in his or
her official capacity, has 
been named as a defendant as provided in this
Section.

    If, during the course of a review action, the court 
determines that an agency or a party
of record to the 
administrative proceedings was not made a defendant as

required by the preceding paragraph, then the
court shall 
grant the plaintiff 35 days from the date of the determination 
in
which to name and serve the unnamed agency or party as a 
defendant.  The court shall
permit the newly served defendant 
to participate in the proceedings to the
extent the interests 
of justice may require.

    (b) With respect to actions to review decisions of a 
zoning board of
appeals under Division 13 of Article 11 of the 
Illinois Municipal Code, "parties of
record" means only the 
zoning board of appeals and applicants before the
zoning board 
of appeals.  The plaintiff shall send a notice of filing of
the 
action by certified mail to each other person who appeared 
before and
submitted oral testimony or written statements to 
the zoning board of
appeals with respect to the decision 
appealed from.  The notice shall be
mailed within 2 days of the 
filing of the action.  The notice shall state
the caption of the 
action, the court in which the action is filed, and the
names 
of the plaintiff in the action and the applicant to the zoning 
board
of appeals.  The notice shall inform the person of his or 
her right to
intervene.  Each person who appeared before and 
submitted oral testimony
or written statements to the zoning 
board of appeals with respect to the
decision appealed from 
shall have 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.

    (b-1) With respect to an action to review a decision of an 
administrative agency with final decision-making authority 
over designated historic properties or areas under Section 
11-48.2-4 of the Illinois Municipal Code or a decision of an 
administrative agency with final decision-making authority 
over exterior design review of buildings or structures under 
item (12) of Section 11-13-1 of the Illinois Municipal Code, 
"parties of record" means only the administrative agency and 
applicants before the administrative agency. The plaintiff 
shall send a notice of filing of the action by certified mail 
to each other person who appeared before and submitted oral 
testimony or a written statement to the administrative agency 
with respect to the appealed decision. The notice shall be 
mailed within 2 days of the filing of the action. The notice 
shall state the caption of the action, the court in which the 
action was filed, and the names of the plaintiff in the action 
and the applicant to the administrative agency. The notice 
shall inform the person of his or her right to intervene. Each 
person who appeared before and submitted oral testimony or a 
written statement to the administrative agency with respect to 
the appealed decision shall have 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. 
    (c) With respect to actions to review decisions of a 
hearing officer or a county zoning board of appeals  under 
Division 5-12 of Article 5 of the Counties Code, "parties of 
record" means only the hearing officer or the zoning board of 
appeals and applicants before the hearing officer or the 
zoning board of appeals. The plaintiff shall send a notice of 
filing of the action by certified mail to each other person who 
appeared before and submitted oral testimony or written 
statements to the hearing officer or the zoning board of 
appeals with respect to the decision appealed from. The notice 
shall be mailed within 2 days of the filing of the action. The 
notice shall state the caption of the action, the court in 
which the action is filed, and the name of the plaintiff in the 
action and the applicant to the hearing officer or the  zoning 
board of appeals. The notice shall inform the person of his or 
her right to intervene. Each person who appeared before and 
submitted oral testimony or written statements to the hearing 
officer or the zoning board of appeals with respect to the 
decision appealed from shall have 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. This subsection 
(c) applies to zoning proceedings commenced on or after July 
1, 2007 (the effective date of Public Act 95-321).

    (d) The changes to this Section made  by Public Act 95-831 
apply to all actions filed on or after August 21, 2007 (the 
effective date of Public Act 95-831). The changes made by 
Public Act 100-212 apply to all actions filed on or after 
August 18, 2017 (the effective date of Public Act 100-212). 
(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17; 
100-863, eff. 8-14-18.)