Full Text of SB0029 95th General Assembly
SB0029enr 95TH GENERAL ASSEMBLY
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SB0029 Enrolled |
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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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| 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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| 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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| 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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