093_SB0314

 
                                     LRB093 04035 MKM 04074 b

 1        AN ACT in relation to municipalities.

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

 4    Section 5. The Counties Code is  amended  by  adding  Section
 5    5-1041.2 as follows:

 6        (55 ILCS 5/5-1041.2 new)
 7        Sec.    5-1041.2.  Requests    for    refunds   of   cash
 8    contributions;  limitations;  payments  under  protest.   Any
 9    request  for the refund of cash contributions paid in lieu of
10    land  donations  under  this  Division,  and  pursuant  to  a
11    county's ordinance, must be filed with the county within  one
12    year  after  the  date  of  payment  or  a  longer period, as
13    specified  in  a  county  ordinance  or  in   an   annexation
14    agreement.  Each request must state: (1) the name and address
15    of the person who made the payment; (2)  the  amount  of  the
16    cash  contribution;  (3)  the  reasons  for which a refund is
17    being requested; and (4) evidence that the  contribution  was
18    made  under  protest  at  the time of payment. The county may
19    institute procedures to facilitate  consideration  of  refund
20    requests   and   must  require  strict  compliance  with  the
21    requirements of this  Section.  Failure  to  file  a  request
22    within  one  year and to comply with the requirements of this
23    Section constitute grounds for denial of the request.

24        Section 10. The Illinois Municipal  Code  is  amended  by
25    adding Section 11-12-5.2 as follows:

26        (65 ILCS 5/11-12-5.2 new)
27        Sec.    11-12-5.2.  Requests    for   refunds   of   cash
28    contributions;  limitations;  payment  under   protest.   Any
29    request  for the refund of cash contributions paid in lieu of
 
                            -2-      LRB093 04035 MKM 04074 b
 1    land  donations  under  this  Division,  and  pursuant  to  a
 2    municipality's ordinance, must be filed with the municipality
 3    within one year after the date of payment or a longer period,
 4    if specified in a municipal ordinance  or  in  an  annexation
 5    agreement.  Each request must state: (1) the name and address
 6    of the person who made the payment; (2)  the  amount  of  the
 7    cash  contribution;  (3)  the  reasons  for which a refund is
 8    being requested; and (4) evidence that the  contribution  was
 9    made  under  protest at the time of payment. The municipality
10    may  institute  procedures  to  facilitate  consideration  of
11    refund requests and must require strict compliance  with  the
12    requirements  of  this  Section.  Failure  to  file a request
13    within one year and to comply with the requirements  of  this
14    Section constitute grounds for denial of the request.

15        Section  99.  Effective  date.  This  Act takes effect on
16    January 1, 2004.