101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1224

 

Introduced 2/6/2019, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/7-1-13  from Ch. 24, par. 7-1-13

    Amends the Illinois Municipal Code. Provides that before a municipality may annex an area under 60 acres, the corporate authorities of the municipality must conduct at least 2 public hearings no less than 30 business days apart. Provides that during the first public hearing, the corporate authorities must provide persons interested in the annexation the opportunity to be heard. Provides that during the second or subsequent public hearing, the corporate authorities may adopt an ordinance annexing the area only if the municipality obtains consent to annex the area through a petition signed by: more than 50 percent of the registered voters of the area; and more than 50 percent of the owners of land in the area if the registered voters of the area do not own more than 50 percent of the land in the area. Provides that if the municipality cannot obtain consent it may file a petition in the circuit court in the county that the land is to be annexed requesting relief and that relief shall only be granted: (1) if no objections were filed with the municipality or circuit court; or (2) for existing public health and safety reasons that cannot be resolved without the annexation.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1224LRB101 08078 AWJ 53141 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 7-1-13 as follows:
 
6    (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
7    Sec. 7-1-13. Annexation.
8    (a) Whenever any unincorporated territory containing 60
9acres or less, is wholly bounded by (a) one or more
10municipalities, (b) one or more municipalities and a creek in a
11county with a population of 400,000 or more, or one or more
12municipalities and a river or lake in any county, (c) one or
13more municipalities and the Illinois State boundary, (d) except
14as provided in item (h) of this subsection (a), one or more
15municipalities and property owned by the State of Illinois,
16except highway right-of-way owned in fee by the State, (e) one
17or more municipalities and a forest preserve district or park
18district, (f) if the territory is a triangular parcel of less
19than 10 acres, one or more municipalities and an interstate
20highway owned in fee by the State and bounded by a frontage
21road, (g) one or more municipalities in a county with a
22population of more than 800,000 inhabitants and less than
232,000,000 inhabitants and either a railroad or operating

 

 

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1property, as defined in the Property Tax Code (35 ILCS
2200/11-70), being immediately adjacent to, but exclusive of
3that railroad property, (h) one or more municipalities located
4within a county with a population of more than 800,000
5inhabitants and less than 2,000,000 inhabitants and property
6owned by the State, including without limitation a highway
7right-of-way owned in fee by the State, or (i) one or more
8municipalities and property on which a federally funded
9research facility in excess of 2,000 acres is located, that
10territory may be annexed by any municipality by which it is
11bounded in whole or in part, by the passage of an ordinance to
12that effect after notice is given as provided in subsection (b)
13of this Section. Land or property that is used for agricultural
14purposes or to produce agricultural goods shall not be annexed
15pursuant to item (g). Nothing in this Section shall subject any
16railroad property to the zoning or jurisdiction of any
17municipality annexing the property under this Section. The
18ordinance shall describe the territory annexed and a copy
19thereof together with an accurate map of the annexed territory
20shall be recorded in the office of the recorder of the county
21wherein the annexed territory is situated and a document of
22annexation shall be filed with the county clerk and County
23Election Authority. Nothing in this Section shall be construed
24as permitting a municipality to annex territory of a forest
25preserve district in a county with a population of 3,000,000 or
26more without obtaining the consent of the district pursuant to

 

 

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1Section 8.3 of the Cook County Forest Preserve District Act nor
2shall anything in this Section be construed as permitting a
3municipality to annex territory owned by a park district
4without obtaining the consent of the district pursuant to
5Section 8-1.1 of the Park District Code.
6    (b) The corporate authorities shall cause notice, stating
7that annexation of the territory described in the notice is
8contemplated under this Section, to be published once, in a
9newspaper of general circulation within the territory to be
10annexed, not less than 10 days before the passage of the
11annexation ordinance, and for land annexed pursuant to item (g)
12of subsection (a) of this Section, notice shall be given to the
13impacted land owners. The corporate authorities shall also, not
14less than 15 days before the passage of the annexation
15ordinance, serve written notice, either in person or, at a
16minimum, by certified mail, on the taxpayer of record of the
17proposed annexed territory as appears from the authentic tax
18records of the county. When the territory to be annexed lies
19wholly or partially within a township other than the township
20where the municipality is situated, the annexing municipality
21shall give at least 10 days prior written notice of the time
22and place of the passage of the annexation ordinance to the
23township supervisor of the township where the territory to be
24annexed lies. If the territory to be annexed lies within the
25unincorporated area of a county, then the annexing municipality
26shall give at least 10 days' prior written notice of the time

 

 

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1and place of the passage of the annexation ordinance to the
2corporate authorities of the county where the territory to be
3annexed lies.
4    (b-5) Notwithstanding any other provision in this
5Division, before a municipality may annex an area under 60
6acres under this Section, the corporate authorities of the
7municipality must conduct at least 2 public hearings. The
8hearings must be conducted not less than 30 business days
9apart. During the first public hearing, the corporate
10authorities must provide persons interested in the annexation
11the opportunity to be heard. During the second or subsequent
12public hearing, the corporate authorities may adopt an
13ordinance annexing the area only if the municipality obtains
14consent to annex the area through a petition signed by:
15        (1) more than 50% of the registered voters of the area;
16    and
17        (2) if the registered voters of the area do not own
18    more than 50% of the land in the area, more than 50% of the
19    owners of land in the area.
20    If the municipality cannot obtain consent, it may file a
21petition in the circuit court in the county that the land is to
22be annexed requesting relief. Relief shall only be granted: (1)
23if no objections were filed with the municipality or circuit
24court; or (2) for existing public health and safety reasons
25that cannot be resolved without the annexation.
26    (c) When notice is given as described in subsection (b) of

 

 

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1this Section, no other municipality may annex the proposed
2territory for a period of 60 days from the date the notice is
3mailed or delivered to the taxpayer of record unless that other
4municipality has initiated annexation proceedings or a valid
5petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
6of this Code has been received by the municipality prior to the
7publication and mailing of the notices required in subsection
8(b).
9(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;
1096-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.
118-19-11.)