Full Text of SB0029 95th General Assembly
SB0029 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0029
Introduced 1/31/2007, by Sen. Todd Sieben SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/3-107 |
from Ch. 110, par. 3-107 |
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Amends the Code of Civil Procedure. Provides that the Administrative Review Law is changed to provide that in an administrative review of a decision of a hearing officer or a county zoning board of appeals the only necessary parties are the hearing officer or the county zoning board of appeals and the applicant to the hearing officer or the county zoning board of appeals. Provides that a notice of the filing of the administrative review action and information about the administrative review process, including the method to intervene, must be sent by certified mail to each person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals. Effective July 1, 2007.
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A BILL FOR
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SB0029 |
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LRB095 03431 AJO 23435 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 3-107 as follows:
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| (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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| Sec. 3-107. Defendants.
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| (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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| 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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| 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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| board, committee, or government entity that the named | 23 |
| defendants direct or
head. No action for administrative review |
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SB0029 |
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LRB095 03431 AJO 23435 b |
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| 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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| her official capacity, has been named as a defendant as | 5 |
| provided in this
Section.
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| 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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| 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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| extent the interests of justice may require.
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| (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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SB0029 |
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LRB095 03431 AJO 23435 b |
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| 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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| (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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LRB095 03431 AJO 23435 b |
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| 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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| (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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| Section 99. Effective date. This Act takes effect July 1, | 11 |
| 2007.
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