SB1410sam002 97TH GENERAL ASSEMBLY

Sen. Christine Radogno

Filed: 5/12/2011

09700SB1410sam002 LRB097 06919 KMW 55563 a

AMENDMENT TO SENATE BILL 1410

AMENDMENT NO. ______. Amend Senate Bill 1410 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Section 7-1-46 as follows:

(65 ILCS 5/7-1-46) (from Ch. 24, par. 7-1-46)

Sec. 7-1-46. Limitation; contesting annexation.

(a) Neither the People of the State of Illinois nor any person, firm or corporation, public or private, nor any association of persons shall commence an action contesting either directly or indirectly the annexation of any territory to a municipality unless initiated within one year after the date such annexation becomes final or within one year of the effective date of this amendatory Act of 1965 whichever date occurs latest. This amendatory Act of 1965 shall apply to annexations made prior to the effective date of the Act as well as those made on or after the effective date. Where a limitation of a shorter period is prescribed by statute such shorter limitation applies. The limitation set forth in this section shall apply to any annexation, even where the judge, body or officer annexing the territory did not at the time of such annexation have jurisdiction of the subject matter, and irrespective of whether such annexation may otherwise be defective or void, except that the limitation of this subsection (a) Section shall not apply to annexations of territory which was not contiguous at the time of annexation and is not contiguous at the time an action is brought to contest such annexation notwithstanding any other subsection of this Section.

(b) If an action contesting an annexation claims that the territory is not contiguous to the annexing municipality and if: (i) that municipality is located in more than one county with a population of more than 3,000,000 or in a county contiguous to a county with a population of more than 3,000,000; and (ii) the action is initiated more than one year after the date the annexation becomes final, then the action shall not be permitted if the annexing municipality is providing, or has started construction to provide, sewer, water, or other utility service to the territory and the action fails to include at the time of the filing of the action written acknowledgement and consent of a majority of the owners of, and a majority of the electors within, the annexed territory. If a unit of government is contesting an annexation as provided in this subsection (b), the annexation shall be sustained unless the unit of government demonstrates that the annexation has, or will have, a detrimental impact on the orderly growth of the unit of government.

(Source: P.A. 82-211.)

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