Full Text of HB5538 95th General Assembly
HB5538 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5538
Introduced , by Rep. Rich Brauer SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-15.1-2.1 |
from Ch. 24, par. 11-15.1-2.1 |
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Amends the Illinois Municipal Code. Provides that property that (i) is the subject of an annexation agreement, and (ii) is located in a county with a population of less than 3,000,000 (now, Boone, DeKalb, Grundy, Kankakee, Kendall, LaSalle, Ogle, or Winnebago Counties) is subject to the ordinances, control, and jurisdiction of the annexing municipality, unless the property is located more than 1.5 miles from the corporate boundaries of the municipality and the county board retains jurisdiction by the affirmative vote of two-thirds of its members. Effective immediately.
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A BILL FOR
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HB5538 |
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LRB095 15443 HLH 41435 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-15.1-2.1 as follows:
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| (65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
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| Sec. 11-15.1-2.1. Annexation agreement; municipal | 8 |
| jurisdiction.
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| (a) Except as provided in subsections (b) and (c), property | 10 |
| that is the subject of an annexation agreement adopted
under | 11 |
| this Division is subject to the ordinances, control, and | 12 |
| jurisdiction
of the annexing municipality in all respects the | 13 |
| same as property that lies
within the annexing municipality's | 14 |
| corporate limits.
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| (b) This Section shall not apply in (i) a county with a | 16 |
| population of more
than 3,000,000, (ii) a county that borders a | 17 |
| county with a population of
more than 3,000,000
or (iii) a | 18 |
| county with a population of more than
246,000 according to the | 19 |
| 1990 federal census and bordered by the Mississippi
River,
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| unless the parties to the annexation agreement have, at the
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| time the agreement is signed, ownership or control of all | 22 |
| property
that would make the property that is the subject of | 23 |
| the agreement contiguous
to the annexing municipality, in which |
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HB5538 |
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LRB095 15443 HLH 41435 b |
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| case the property that is the subject of
the annexation | 2 |
| agreement is subject to the ordinances, control, and
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| jurisdiction of the municipality in all respects the same as | 4 |
| property owned by
the municipality that lies within its | 5 |
| corporate limits.
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| (c) In the case of property that is located in a county of | 7 |
| less than 3,000,000 in population Boone, DeKalb, Grundy, | 8 |
| Kankakee, Kendall, LaSalle, Ogle, or Winnebago County , if the | 9 |
| property that is the subject of an annexation agreement is | 10 |
| located within 1.5 miles of the corporate boundaries of the | 11 |
| municipality, that property is subject to the ordinances, | 12 |
| control, and jurisdiction of the annexing municipality. If the | 13 |
| property is located more than 1.5 miles from the corporate | 14 |
| boundaries of the annexing municipality, that property is | 15 |
| subject to the ordinances, control, and jurisdiction of the | 16 |
| annexing municipality unless the county board retains | 17 |
| jurisdiction by the affirmative vote of two-thirds of its | 18 |
| members.
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| (d) If the county board retains jurisdiction under | 20 |
| subsection (c) of this Section, the annexing municipality may | 21 |
| file a request for jurisdiction with the county board on a case | 22 |
| by case basis. If the county board agrees by the affirmative | 23 |
| vote of a majority of its members, then the property covered by | 24 |
| the annexation agreement shall be subject to the ordinances, | 25 |
| control, and jurisdiction of the annexing municipality.
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| (Source: P.A. 95-175, eff. 1-1-08.)
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HB5538 |
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LRB095 15443 HLH 41435 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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