Full Text of HB2157 101st General Assembly
HB2157 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2157 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-1-8 | from Ch. 24, par. 7-1-8 |
65 ILCS 5/7-1-13 | from Ch. 24, par. 7-1-13 |
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Amends the Illinois Municipal Code. Requires that petitions for a municipality to annex contiguous territory that is not within the corporate limits of a municipality must also include: that the petition for annexation is made solely for the benefit of the owners of record of the land and, if applicable, the electors residing in the territory; and that the petition for annexation is not made for the purpose of assisting any municipality in annexing specified unincorporated territory containing 60 acres or less. In provisions concerning annexing unincorporated territory containing 60 acres or less, provides that the land being annexed must be wholly bounded by specified privately-owned land. Defines "privately-owned land". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 7-1-8 and 7-1-13 as follows:
| 6 | | (65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
| 7 | | Sec. 7-1-8.
Any territory which is not within the corporate | 8 | | limits of any
municipality but which is contiguous to a | 9 | | municipality at the time of
annexation and which territory
has | 10 | | no electors residing therein, or any such territory with | 11 | | electors
residing therein, may be annexed to the municipality | 12 | | in the following
manner: a written petition signed by the | 13 | | owners of record of all land
within such territory and by at | 14 | | least 51% of the electors residing therein
shall be filed with | 15 | | the municipal clerk. The petition shall request
annexation and | 16 | | shall state (a) that no electors reside therein or that at | 17 | | least
51% of such electors residing therein join in the | 18 | | petition, whichever shall
be the case, (b) that the petition | 19 | | for annexation is made solely for the benefit of the owners of | 20 | | record of the land and, if applicable, the electors residing in | 21 | | the territory, and (c) that the petition for annexation is not | 22 | | made for the purpose of assisting any municipality in annexing | 23 | | additional territory pursuant to Section 7-1-13, and shall be |
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| 1 | | under oath. The corporate authorities of the
municipality to | 2 | | which annexation is sought shall then consider the question
of | 3 | | the annexation of the described territory. A majority vote of | 4 | | the
corporate authorities then holding office is required to | 5 | | annex. The vote
shall be by "yeas" and "nays" entered on the | 6 | | legislative records. A copy of
the ordinance annexing the | 7 | | territory together with an accurate map of the
annexed | 8 | | territory shall be recorded with the recorder and filed
with | 9 | | the County Clerk within the county wherever the annexed | 10 | | territory is
located.
| 11 | | (Source: P.A. 83-358.)
| 12 | | (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13) | 13 | | Sec. 7-1-13. Annexation. | 14 | | (a) Whenever any unincorporated territory containing 60
| 15 | | acres or less, is wholly bounded by (a) privately-owned land | 16 | | located in one or more municipalities, (b) privately-owned land | 17 | | located in
one or more municipalities and a creek in a county | 18 | | with a population of
400,000 or more, or one or more | 19 | | municipalities and a river or lake in any
county, (c) | 20 | | privately-owned land located in one or more municipalities and | 21 | | the Illinois State
boundary, (d) except as provided in item (h) | 22 | | of this subsection (a), privately-owned land located in one or | 23 | | more municipalities and property owned by the
State of | 24 | | Illinois, except highway right-of-way owned in fee by the | 25 | | State,
(e) privately-owned land located in one or more |
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| 1 | | municipalities and a forest preserve district or park district,
| 2 | | (f) if the territory is a triangular parcel of less than 10 | 3 | | acres, privately-owned land located in one or
more | 4 | | municipalities and an interstate highway owned in fee by the | 5 | | State and
bounded by a frontage road, (g) privately-owned land | 6 | | located in one or more municipalities in a county with a | 7 | | population of more than 800,000 inhabitants and less than | 8 | | 2,000,000 inhabitants and either a railroad or operating | 9 | | property, as defined in the Property Tax Code (35 ILCS | 10 | | 200/11-70), being immediately adjacent to, but exclusive of | 11 | | that railroad property, (h) privately-owned land located in one | 12 | | or more municipalities located within a county with a | 13 | | population of more than 800,000 inhabitants and less than | 14 | | 2,000,000 inhabitants and property owned by the State, | 15 | | including without limitation a highway right-of-way owned in | 16 | | fee by the State, or (i) privately-owned land located in one or | 17 | | more municipalities and property on which a federally funded | 18 | | research facility in excess of 2,000 acres is located, that | 19 | | territory may be annexed
by any municipality by which it is | 20 | | bounded in whole or in part,
by the passage of an ordinance to | 21 | | that effect after notice is given as
provided in subsection (b) | 22 | | of this Section. Land or property that is used for agricultural | 23 | | purposes or to produce agricultural goods shall not be annexed | 24 | | pursuant to item (g). Nothing in this Section shall subject any | 25 | | railroad property to the zoning or jurisdiction of any | 26 | | municipality annexing the property under this Section. The
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| 1 | | ordinance shall describe the territory annexed and a copy | 2 | | thereof together
with an accurate map of the annexed territory | 3 | | shall be recorded in the
office of the recorder of the county | 4 | | wherein the annexed territory is
situated and a document of | 5 | | annexation shall be filed with the county clerk
and County | 6 | | Election Authority. Nothing in this Section shall be construed
| 7 | | as permitting a municipality to annex territory of a forest | 8 | | preserve
district in a county with a population of 3,000,000 or | 9 | | more without
obtaining the consent of the district pursuant to | 10 | | Section 8.3 of the
Cook County Forest Preserve District Act nor | 11 | | shall anything in this Section be construed as permitting a | 12 | | municipality to annex territory owned by a park district | 13 | | without obtaining the consent of the district pursuant to | 14 | | Section 8-1.1 of the Park District Code. As used in this | 15 | | subsection, "privately-owned land" means land not owned by the | 16 | | State or any school district or unit of local government. | 17 | | (b) The corporate authorities shall cause notice, stating | 18 | | that annexation of the territory described in the notice is | 19 | | contemplated under this Section, to be published once, in a | 20 | | newspaper of general circulation within the territory to be | 21 | | annexed, not less than 10 days before the passage of the | 22 | | annexation ordinance, and for land annexed pursuant to item (g) | 23 | | of subsection (a) of this Section, notice shall be given to the | 24 | | impacted land owners. The corporate authorities shall also, not | 25 | | less than 15 days before the passage of the annexation | 26 | | ordinance, serve written notice, either in person or, at a |
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| 1 | | minimum, by certified mail, on the taxpayer of record of the | 2 | | proposed annexed territory as appears from the authentic tax | 3 | | records of the county. When the territory to be annexed lies | 4 | | wholly or partially within a township other than the township | 5 | | where the municipality is situated, the annexing municipality | 6 | | shall give at least 10 days prior written notice of the time
| 7 | | and place of the passage of the annexation ordinance to the | 8 | | township
supervisor of the township where the territory to be | 9 | | annexed lies. If the territory to be annexed lies within the | 10 | | unincorporated area of a county, then the annexing municipality | 11 | | shall give at least 10 days' prior written notice of the time
| 12 | | and place of the passage of the annexation ordinance to the | 13 | | corporate authorities of the county where the territory to be | 14 | | annexed lies. | 15 | | (c) When notice is given as described in subsection (b) of | 16 | | this Section, no other municipality may annex the proposed | 17 | | territory for a period of 60 days from the date the notice is | 18 | | mailed or delivered to the taxpayer of record unless that other | 19 | | municipality has initiated annexation proceedings or a valid | 20 | | petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 21 | | of this Code has been received by the municipality prior to the | 22 | | publication and mailing of the notices required in subsection | 23 | | (b). | 24 | | (Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; | 25 | | 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff. | 26 | | 8-19-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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