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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)
subsection | ||||||
| 9 | (b), in any action to review any final
decision of an | ||||||
| 10 | administrative agency, the administrative agency and all
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| 11 | persons, other than the plaintiff, who were parties of record | ||||||
| 12 | to the
proceedings before the
administrative agency shall be | ||||||
| 13 | made defendants.
No action for administrative review shall be | ||||||
| 14 | dismissed for lack of
jurisdiction based upon the failure to | ||||||
| 15 | name an employee, agent, or member, who
acted in his or her | ||||||
| 16 | official capacity, of an administrative agency, board,
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| 17 | committee, or government entity, where the administrative | ||||||
| 18 | agency, board,
committee, or government entity, has been named | ||||||
| 19 | as a defendant as provided in
this Section. Naming the director | ||||||
| 20 | or agency head, in his or her official
capacity, shall be | ||||||
| 21 | deemed to include as defendant the administrative agency,
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| 22 | board, committee, or government entity that the named | ||||||
| 23 | defendants direct or
head. No action for administrative review | ||||||
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| 1 | shall be dismissed for lack of
jurisdiction based upon the | ||||||
| 2 | failure to name an administrative agency, board,
committee, or | ||||||
| 3 | government entity, where the director or agency head, in his or
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| 4 | her official capacity, has been named as a defendant as | ||||||
| 5 | provided in this
Section.
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| 6 | If, during the course of a review action, the court | ||||||
| 7 | determines that a party
of record to the administrative | ||||||
| 8 | proceedings was not made a defendant as
required by the | ||||||
| 9 | preceding paragraph, and only if that party was not named by
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| 10 | the administrative agency in its final order as a party of | ||||||
| 11 | record, then the
court shall grant the plaintiff 21 days from | ||||||
| 12 | the date of the determination in
which to name and serve the | ||||||
| 13 | unnamed party as a defendant. The court shall
permit the newly | ||||||
| 14 | served defendant to participate in the proceedings to the
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| 15 | extent the interests of justice may require.
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| 16 | (b) With respect to actions to review decisions of a zoning | ||||||
| 17 | board of
appeals in a municipality with a population of 500,000 | ||||||
| 18 | or more inhabitants
under Division 13 of Article 11 of the | ||||||
| 19 | Illinois Municipal Code, "parties of
record" means only the | ||||||
| 20 | zoning board of appeals and applicants before the
zoning board | ||||||
| 21 | of appeals. The plaintiff shall send a notice of filing of
the | ||||||
| 22 | action by certified mail to each other person who appeared | ||||||
| 23 | before and
submitted oral testimony or written statements to | ||||||
| 24 | the zoning board of
appeals with respect to the decision | ||||||
| 25 | appealed from. The notice shall be
mailed within 2 days of the | ||||||
| 26 | filing of the action. The notice shall state
the caption of the | ||||||
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| 1 | action, the court in which the action is filed, and the
names | ||||||
| 2 | of the plaintiff in the action and the applicant to the zoning | ||||||
| 3 | board
of appeals. The notice shall inform the person of his or | ||||||
| 4 | her right to
intervene. Each person who appeared before and | ||||||
| 5 | submitted oral testimony
or written statements to the zoning | ||||||
| 6 | board of appeals with respect to the
decision appealed from | ||||||
| 7 | shall have a right to intervene as a defendant in
the action | ||||||
| 8 | upon application made to the court within 30 days of the | ||||||
| 9 | mailing
of the notice.
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| 10 | (c) With respect to actions to review decisions of a | ||||||
| 11 | hearing officer or a county zoning board of appeals under | ||||||
| 12 | Division 5-12 of Article 5 of the Counties Code, "parties of | ||||||
| 13 | record" means only the hearing officer or the zoning board of | ||||||
| 14 | appeals and applicants before the hearing officer or the zoning | ||||||
| 15 | board of appeals. The plaintiff shall send a notice of filing | ||||||
| 16 | of the action by certified mail to each other person who | ||||||
| 17 | appeared before and submitted oral testimony or written | ||||||
| 18 | statements to the hearing officer or the zoning board of | ||||||
| 19 | appeals with respect to the decision appealed from. The notice | ||||||
| 20 | shall be mailed within 2 days of the filing of the action. The | ||||||
| 21 | notice shall state the caption of the action, the court in | ||||||
| 22 | which the action is filed, and the name of the plaintiff in the | ||||||
| 23 | action and the applicant to the hearing officer or the zoning | ||||||
| 24 | board of appeals. The notice shall inform the person of his or | ||||||
| 25 | her right to intervene. Each person who appeared before and | ||||||
| 26 | submitted oral testimony or written statements to the hearing | ||||||
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| 1 | officer or the zoning board of appeals with respect to the | ||||||
| 2 | decision appealed from shall have a right to intervene as a | ||||||
| 3 | defendant in the action upon application made to the court | ||||||
| 4 | within 30 days of the mailing of the notice. This subsection | ||||||
| 5 | (c) applies to zoning proceedings commenced on or after the | ||||||
| 6 | effective date of this amendatory Act of the 95th General | ||||||
| 7 | Assembly.
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| 8 | (Source: P.A. 88-1; 88-655, eff. 9-16-94; 89-438, eff. | ||||||
| 9 | 12-15-95; 89-685, eff.
6-1-97.)
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| 10 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 11 | 2007.
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