SB4187 104TH GENERAL ASSEMBLY

LRB104 21432 WRO 36495 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4187

Introduced 4/15/2026, by Sen. Darby A. Hills

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-14001	from Ch. 34, par. 5-14001
55 ILCS 5/5-14006	from Ch. 34, par. 5-14006
60 ILCS 1/105-35
65 ILCS 5/11-12-4	from Ch. 24, par. 11-12-4

Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Provides that, if development or redevelopment plans created through a plan commission, regional planning commission, planning commission, or planning department are residential in nature and have the potential to increase the enrollment of a school district or districts, then the plan shall be sent in writing by the plan commission, planning department, or both, whichever is applicable, to the school district or districts associated with where the development is going to take place. Provides that the school district or districts shall have the opportunity to meet with the plan commission, planning department, or both, whichever is applicable, to discuss the impact the development or redevelopment could have on the school district or districts where the development or redevelopment is going to take place. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Sections 5-14001 and 5-14006 as follows:

(55 ILCS 5/5-14001) (from Ch. 34, par. 5-14001)

Sec. 5-14001. Regional plan. Whenever in the judgment of the county board of any county, a portion or all of said county as a region, should have a plan made for the general purpose of guiding and accomplishing a co-ordinated, adjusted and harmonious development of said region, and of public improvements and utilities therein, and which plans will in the judgment of the county board, in accordance with the present and future needs of the region and of the State, best promote health, safety, morals, order, convenience, prosperity, efficiency and economy in the process of development and the general welfare of said region, the county board is hereby empowered by resolution of record to define the boundaries of such region and to create a regional planning commission for the making of a regional plan for such region so defined. The number of members of such commission, their method of appointment, and their power and authority in the making of such plan, shall be such as the county board may deem proper and not in conflict with law. Said Commission shall be a fact finding body and shall make such investigations and gather such statistics as it shall deem necessary for the planning and development of said region, and shall make a plan of said region to include all matter which it may deem necessary for the development of the region as provided above. If development or redevelopment plans created through a regional planning commission are residential in nature and have the potential to increase enrollment of a school district or districts, then the regional planning commission shall send the plan in writing to the school district or districts associated with where the development is going to take place. The school district or districts shall have the opportunity to meet with the plan commission to discuss the impact that the development or redevelopment could have on the school district or districts associated with where the development or redevelopment is going to take place.

(Source: P.A. 86-962.)

(55 ILCS 5/5-14006) (from Ch. 34, par. 5-14006)

Sec. 5-14006. Official plans of counties of less than 500,000 population. In any county with a population not in excess of 500,000 located in the area served by the Northeastern Illinois Metropolitan Area Planning Commission any planning commission created under the provisions of this Division may prepare and recommend to the county board of such county a comprehensive plan of public improvements looking to the present and future development of the region for the planning of which it was created. The plan or plans when adopted by the county board shall be designated as the official plan, or part thereof, of that county. Such plan or plans may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official plan or part thereof, of that county. Thereafter, from time to time, the planning commission may recommend changes in the official plan or any part thereof. To provide for the health, safety, comfort and convenience of the inhabitants of the county, such plans may establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and areas subject to redevelopment, including reasonable requirements for public streets, alleys, ways for public service facilities, storm or flood water runoff channels and basins, parks, playgrounds, school grounds, and other public grounds. If development or redevelopment plans created through a planning commission are residential in nature and have the potential to increase enrollment of a school district or districts, then the planning commission shall send the plan in writing to the school district or districts associated with where the development is going to take place. The school district or districts shall have the opportunity to meet with the planning commission to discuss the impact that the development or redevelopment could have on the school district or districts associated with where the development or redevelopment is going to take place.

(Source: P.A. 86-962.)

Section 10. The Township Code is amended by changing Section 105-35 as follows:

(60 ILCS 1/105-35)

Sec. 105-35. Township plan commission.

(a) In townships located in counties with a population of less than 600,000 and in townships with a population of more than 500 located in counties with a population of more than 3,000,000, the township board may by resolution create a township plan commission. The commission shall consist of 5 members appointed by the township supervisor with the advice and consent of the township board. Their terms of office shall be prescribed by the township board. The township supervisor shall designate one of the members as chairman, and the plan commission may appoint other officers it deems necessary and appropriate. The township board may authorize a plan commission to have necessary staff and shall pay the expenses of that staff.

(b) Every township plan commission may have the following powers and duties:

(1) The commission may prepare and recommend to the township board a comprehensive plan for the present and future development or redevelopment of the unincorporated areas of the township. The plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official plan, or part of the official plan, of that township. The plan may include reasonable requirements with reference to streets, alleys, public grounds, and other improvements specified in this Section. The plan may recommend (i) establishing reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements as defined in this Section and (ii) establishing reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. If development or redevelopment plans created through a plan commission are residential in nature and have the potential to increase enrollment of a school district or districts, then the plan commission shall send the plan in writing to the school district or districts associated with where the development is going to take place. The school district or districts shall have the opportunity to meet with the plan commission to discuss the impact that the development or redevelopment could have on the school district or districts associated with where the development or redevelopment is going to take place.

(2) The commission may from time to time recommend changes in the official comprehensive plan.

(3) The commission may from time to time prepare and recommend to the township authorities plans for specific improvements in pursuance of the official comprehensive plan.

(4) The commission may give aid to the officials charged with the direction of projects for improvements embraced within the official plan to further the making of these projects and, generally, may promote the realization of the official comprehensive plan.

(5) The commission may prepare and recommend to the township board schemes for regulating or forbidding structures or activities in unincorporated areas that may hinder access to solar energy necessary for the proper functioning of solar energy systems, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977, or may recommend changes in those schemes.

(6) The commission may exercise other powers germane to the powers granted by this Section that are conferred by the township board.

(c) If the county in which the township is located has adopted a county zoning ordinance under Division 5-12 of the Counties Code, the recommendations of the township plan commission may be presented by the township board to the county board of that county.

(Source: P.A. 91-721, eff. 6-2-00; 91-738, eff. 1-1-01; 92-16, eff. 6-28-01.)

Section 15. The Illinois Municipal Code is amended by changing Section 11-12-4 as follows:

(65 ILCS 5/11-12-4) (from Ch. 24, par. 11-12-4)

Sec. 11-12-4. Every municipality may create a plan commission or a planning department or both. A plan commission shall be appointed by a mayor of a city or president of a village board subject to confirmation by the corporate authorities. Members of the plan commission shall reside within the municipality or within territory contiguous to the municipality and not more than one and one-half miles beyond the corporate limits and not included within any other municipality. A planning department shall be created, organized and staffed in such manner as the municipality may provide by ordinance. The plan commission shall consist of a chairman and members serving for such terms and such compensation, if any, as the corporate authorities of the municipality may prescribe by ordinance. The ordinance may provide that the plan commission shall have a paid secretary or staff or both. Any plan commission or planning department now existing and officially created by ordinance of any municipality may continue to function under the authority of such prior ordinance and any such plan commission or planning department shall have and exercise all the powers conferred by law as fully as if it had been created hereunder. Any municipality which has or shall hereafter create a plan commission or planning department may appropriate from any funds under its control and not otherwise appropriated, such sums as the corporate authorities may deem proper for the maintenance and operation of such plan commission or planning department, including the salaries of all paid members and employees; the development of a planning program; the preparation of regulations, projects and programs pertinent to the development, redevelopment and renewal of the municipality and such surrounding territory over which the municipality exercises subdivision jurisdiction; the preparation and revision of the official map and the exercise of such powers germane to the purposes for which it was created as may be conferred upon the plan commission or planning department by ordinance.

Municipalities may accept, receive and expend funds, grants and services from the federal government or its agencies, or from the State of Illinois or its agencies or from private persons or corporations or foundations for planning purposes generally or for planning specific projects. If development or redevelopment plans created through a plan commission, planning department, or both, are residential in nature and have the potential to increase the enrollment of a school district or districts, then the plan shall be sent in writing by the plan commission, planning department, or both, whichever is applicable, to the school district or districts associated with where the development is going to take place. The school district or districts shall have the opportunity to meet with the plan commission, planning department, or both, whichever is applicable, to discuss the impact that the development or redevelopment could have on the school district or districts where the development or redevelopment is going to take place.

(Source: P.A. 76-601.)

Section 99. Effective date. This Act takes effect upon becoming law.