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90_HB2161ccr001
LRB9004828PTpcccr
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 2161
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendments Nos. 1 and 2 to House Bill 2161, recommend the
11 following:
12 (1) that the House concur in Senate Amendments Nos. 1
13 and 2; and
14 (2) that House Bill 2161, AS AMENDED, be further amended
15 by replacing the title with the following:
16 "AN ACT concerning units of local government."; and
17 by inserting immediately below the enacting clause the
18 following:
19 "Section 1. The Public Construction Bond Act is amended
20 by changing Section 3 as follows:
21 (30 ILCS 550/3)
22 Sec. 3. Builder or developer cash bond.
23 (a) A county or municipality may not require a cash bond
24 from a builder or developer to guarantee completion of a
25 project improvement when the builder or developer has filed
26 with the county or municipal clerk a current, irrevocable
27 letter of credit, surety bond, or letter of commitment issued
28 by a bank, savings and loan association, surety, or insurance
29 company, deemed with good and sufficient by the county or
30 municipality accepting such security, sureties with the
31 county or municipal clerk in an amount equal to or greater
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1 than 110% of the amount of the bid on each project
2 improvement. A builder or developer may elect to utilize an
3 irrevocable letter of credit, surety bond, or letter of
4 commitment, issued by a bank, savings and loan association,
5 surety, or insurance company, deemed good and sufficient by
6 the county or municipality, to satisfy any cash bond
7 requirement established by a county or municipality.
8 (b) If a county or municipality receives a cash bond
9 from a builder or developer to guarantee completion of a
10 project improvement, the county or municipality shall (i)
11 register the bond under the address of the project and the
12 construction permit number and (ii) give the builder or
13 developer a receipt for the bond. The county or municipality
14 shall establish and maintain a separate account for all cash
15 bonds received from builders and developers to guarantee
16 completion of a project improvement.
17 (c) The county or municipality shall refund a cash bond
18 to a builder or developer within 60 days after the builder or
19 developer notifies the county or municipality in writing of
20 the completion of the project improvement for which the bond
21 was required. For these purposes, "completion" means that the
22 county or municipality has determined that the project
23 improvement for which the bond was required is complete or a
24 licensed engineer or licensed architect has certified to the
25 builder or developer and the county or municipality that the
26 project improvement has been completed to the applicable
27 codes and ordinances. The county or municipality shall pay
28 interest to the builder or developer, beginning 60 days after
29 the builder or developer notifies the county or municipality
30 in writing of the completion of the project improvement, on
31 any bond not refunded to a builder or developer, at the rate
32 of 1% per month.
33 (d) A home rule county or municipality may not require
34 or maintain cash bonds from builders or developers in a
35 manner inconsistent with this Section. This Section is a
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1 denial and limitation under subsection (i) of Section 6 of
2 Article VII of the Illinois Constitution on the concurrent
3 exercise by a home rule county or municipality of powers and
4 functions exercised by the State.
5 (Source: P.A. 89-518, eff. 1-1-97.)
6 Section 2. The Counties Code is amended by changing
7 Sections 5-1041, 5-1042, and 5-1123 as follows:
8 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
9 Sec. 5-1041. Maps, plats and subdivisions. A county board
10 may prescribe, by resolution or ordinance, reasonable rules
11 and regulations governing the location, width and course of
12 streets and highways and of floodplain, stormwater and
13 floodwater runoff channels and basins, and the provision of
14 necessary public grounds for schools, public libraries, parks
15 or playgrounds, in any map, plat or subdivision of any block,
16 lot or sub-lot or any part thereof or any piece or parcel of
17 land, not being within any city, village or incorporated
18 town. The rules and regulations may include such reasonable
19 requirements with respect to water supply and sewage
20 collection and treatment as may be established by the
21 Environmental Protection Agency, and such reasonable
22 requirements with respect to floodplain and stormwater
23 management as may be established by the County Stormwater
24 Management Committee established under Section 5-1062 of this
25 Code, and such reasonable requirements with respect to street
26 drainage and surfacing as may be established by the county
27 engineer or superintendent of highways and which by
28 resolution shall be deemed to be the minimum requirements in
29 the interest of the health, safety, education and convenience
30 of the public of the county; and may provide by resolution
31 that the map, plat or subdivision shall be submitted to the
32 county board or to some officer to be designated by the
33 county board for their or his approval. The county board
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1 shall have a qualified engineer make an estimate of the
2 probable expenditures necessary to enable any person to
3 conform with the standards of construction established by the
4 board pursuant to the provisions of this Section. Each person
5 who seeks the county board's approval of a map, plat or
6 subdivision shall post a good and sufficient bond or other
7 adequate security with the county clerk, in a penal sum
8 sufficient to cover the estimate of expenditures made by the
9 estimating engineer. The bond or other adequate security
10 shall be conditioned upon faithful adherence to the rules and
11 regulations of the county board promulgated pursuant to the
12 authorization granted to it by this Section or by Section
13 5-1062 of this Code, and in such cases no such map, plat or
14 subdivision shall be entitled to record in the proper county
15 or have any validity until it has been so approved. This
16 Section is subject to the provisions of Section 5-1121 (as
17 added by P.A. 89-518).
18 The county board may, by resolution, provide a schedule
19 of fees sufficient to reimburse the county for the costs
20 incurred in reviewing such maps, plats and subdivisions
21 submitted for approval to the county board. The fees
22 authorized by this Section are to be paid into the general
23 corporate fund of the county by the party desiring to have
24 the plat approved.
25 No officer designated by a county board for the approval
26 of plats shall engage in the business of surveying, and no
27 map, plat or subdivision shall be received for record or have
28 any validity which has been prepared by or under the
29 direction of such plat officer.
30 It is the intention of this amendatory Act of 1990 to
31 repeal the language added to Section 25.09 of "An Act to
32 revise the law in relation to counties", approved March 31,
33 1874, by P.A. 86-614, Section 25.09 of that Act being the
34 predecessor of this Section.
35 (Source: P.A. 86-962; 86-1028; 86-1039; 86-1463; 87-217;
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1 87-435.)
2 (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
3 Sec. 5-1042. Maps, plats and subdivisions in certain
4 counties. In any county with a population not in excess of
5 500,000 located in the area served by the Northeastern
6 Illinois Metropolitan Planning Commission, a county board may
7 establish by ordinance or resolution of record reasonable
8 rules and regulations governing the location, width and
9 course of streets and highways, and the provision of public
10 grounds for schools, parks or playgrounds, in any map, plat
11 or subdivision of any block, lot or sub-lot or any part
12 thereof or any piece or parcel of land in the county, not
13 being within any city, village or incorporated town in the
14 county which rules and regulations may include such
15 reasonable requirements with respect to water supply and
16 sewage collection and treatment, and such reasonable
17 requirements with respect to street drainage and surfacing,
18 as may be established by the county board as minimum
19 requirements in the interest of the health, safety and
20 convenience of the public of the county; and may require by
21 ordinance or resolution of record that any map, plat or
22 subdivision shall be submitted to the county board or some
23 officer to be designated by the county board for its or his
24 approval in the manner provided in Section 5-1041, and to
25 require bonds and charge fees as provided in Section 5-1041.
26 This Section is subject to the provisions of Section 5-1121
27 (as added by P.A. 89-518).
28 (Source: P.A. 86-962; 86-1028.)
29 (55 ILCS 5/5-1123)
30 Sec. 5-1123. 5-1121. Builder or developer cash bond.
31 (a) A county may not require a cash bond from a builder
32 or developer to guarantee completion of a project improvement
33 when the builder or developer has filed with the county clerk
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1 a current, irrevocable letter of credit, surety bond, or
2 letter of commitment, issued by a bank, savings and loan
3 association, surety, or insurance company, deemed with good
4 and sufficient by the county accepting such security,
5 sureties with the county clerk in an amount equal to or
6 greater than 110% of the amount of the bid on each project
7 improvement. A builder or developer may elect to utilize an
8 irrevocable letter of credit, surety bond, or letter of
9 commitment issued by a bank, savings and loan association,
10 surety, or insurance company, deemed good and sufficient by
11 the county, to satisfy any cash bond requirement established
12 by a county.
13 (b) If a county receives a cash bond from a builder or
14 developer to guarantee completion of a project improvement,
15 the county shall (i) register the bond under the address of
16 the project and the construction permit number and (ii) give
17 the builder or developer a receipt for the bond. The county
18 shall establish and maintain a separate account for all cash
19 bonds received from builders and developers to guarantee
20 completion of a project improvement.
21 (c) The county shall refund a cash bond to a builder or
22 developer within 60 days after the builder or developer
23 notifies the county in writing of the completion of the
24 project improvement for which the bond was required. For
25 these purposes, "completion" means that the county has
26 determined that the project improvement for which the bond
27 was required is complete or a licensed engineer or licensed
28 architect has certified to the builder or developer and the
29 county that the project improvement has been completed to the
30 applicable codes and ordinances. The county shall pay
31 interest to the builder or developer, beginning 60 days after
32 the builder or developer notifies the county in writing of
33 the completion of the project improvement, on any bond not
34 refunded to a builder or developer, at the rate of 1% per
35 month.
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1 (d) A home rule county may not require or maintain cash
2 bonds from builders or developers in a manner inconsistent
3 with this Section. This Section is a denial and limitation
4 under subsection (i) of Section 6 of Article VII of the
5 Illinois Constitution on the concurrent exercise by a home
6 rule county of powers and functions exercised by the State.
7 (Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
8 Section 2.5. The Illinois Municipal Code is amended by
9 changing Sections 11-12-8 and 11-39-3 as follows:
10 (65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
11 Sec. 11-12-8. Compliance of plat with map - Designation
12 of public lands - Approval - Bond - Order - Failure to act
13 upon plat. The corporate authorities of the municipality
14 shall determine whether a proposed plat of subdivision or
15 resubdivision complies with the official map. To secure such
16 determination, the person requesting the subdivision or
17 resubdivision shall file four copies of a plat thereof with
18 the clerk of the municipality, and shall furnish therewith
19 four copies of all data necessary to show compliance with all
20 applicable municipal regulations and shall make application
21 for preliminary or final approval of the proposed plat.
22 Whenever the reasonable requirements provided by the
23 ordinance including the official map shall indicate the
24 necessity for providing for a school site, park site, or
25 other public lands within any proposed subdivision for which
26 approval has been requested, and no such provision has been
27 made therefor, the municipal authority may require that lands
28 be designated for such public purpose before approving such
29 plat. Whenever a final plat of subdivision, or part thereof,
30 has been approved by the corporate authorities as complying
31 with the official map and there is designated therein a
32 school site, park site or other public land, the corporate
33 authorities having jurisdiction of such use, be it a school
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1 board, park board or other authority, such authority shall
2 acquire the land so designated by purchase or commence
3 proceedings to acquire such land by condemnation within one
4 year from the date of approval of such plat; and if it does
5 not do so within such period of one year, the land so
6 designated may then be used by the owners thereof in any
7 other manner consistent with the ordinance including the
8 official map and the zoning ordinance of the municipality.
9 The corporate authorities may by ordinance provide that a
10 plat of subdivision may be submitted initially to the plan
11 commission for preliminary approval. The application for
12 preliminary approval shall show location and width of
13 proposed streets and public ways, shall indicate proposed
14 location of sewers and storm drains, proposed dedication of
15 public grounds, if any, lot sizes, proposed easements for
16 public utilities, and proposed method of sewage and waste
17 disposal, but need not contain specifications for proposed
18 improvements.
19 The plan Commission shall approve or disapprove the
20 application for preliminary approval within 90 days from the
21 date of the application or the filing by the applicant of the
22 last item of required supporting data, whichever date is
23 later, unless such time is extended by mutual consent. If
24 such plat is disapproved, then within said 90 days the plan
25 commission shall furnish to applicant in writing a statement
26 setting forth the reason for disapproval and specifying with
27 particularity the aspects in which the proposed plat fails to
28 conform to the ordinances including official map. If such
29 plat is approved the corporate authority shall accept or
30 reject said plat within 30 days after its next regular stated
31 meeting following the action of the plan commission.
32 Preliminary approval shall not qualify a plat for recording.
33 Application for final approval of a plat shall be made
34 not later than one year after preliminary approval has been
35 granted. This application must be supported by such drawings,
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1 specifications and bond as may be necessary to demonstrate
2 compliance with all requirements of this statute and such
3 regulations as the corporate authorities may provide by
4 ordinance under authority of this statute. This Section is
5 subject to the provisions of Section 11-39-3.
6 The applicant may elect to have final approval of a
7 geographic part or parts of the plat that received
8 preliminary approval, and may delay application for approval
9 of other parts until a later date or dates beyond one year
10 with the approval of the municipal authorities; provided, all
11 facilities required to serve the part or parts for which
12 final approval is sought have been provided. In such case
13 only such part or parts of the plat as have received final
14 approval shall be recorded.
15 When a person submitting a plat of subdivision or
16 resubdivision for final approval has supplied all drawings,
17 maps and other documents required by the municipal ordinances
18 to be furnished in support thereof, and if all such material
19 meets all municipal requirements, the corporate authorities
20 shall approve the proposed plat within 60 days from the date
21 of filing the last required document or other paper or within
22 60 days from the date of filing application for final
23 approval of the plat, whichever date is later. The applicant
24 and the corporate authorities may mutually agree to extend
25 the 60 day period.
26 The corporate authorities may provide that any person,
27 firm or corporation seeking approval of a subdivision or
28 resubdivision map or plat shall post a good and sufficient
29 bond with the municipal clerk in a penal sum sufficient to
30 cover the estimate made by the municipal engineer, or other
31 authorized person, of expenditures, including but not limited
32 to reasonable inspection fees to be borne by the applicant,
33 necessary to conform to the requirements established and
34 conditioned upon completion of said requirements in a
35 reasonable time. The corporate authorities may, by ordinance,
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1 prescribe the form of the bond and may require surety to be
2 approved by the corporate authorities; provided, that a
3 municipality may permit the depositing of cash or other
4 security acceptable to the corporate authorities, to complete
5 the improvements required in lieu of a bond if it shall so
6 provide by ordinance; and further provided, that no bond or
7 security shall be required to be filed until the corporate
8 authorities have approved the plat in all other respects and
9 have notified the applicant of such approval. If the
10 corporate authorities require a cash bond, the requirement
11 shall be subject to the provisions of Section 11-39-3.
12 If the preliminary or final plat is approved, the
13 municipal clerk shall attach a certified copy of the order or
14 resolution of approval to a copy of the plat. If the proposed
15 plat is disapproved, the order or resolution shall state the
16 reasons for the disapproval, specifying with particularity
17 the aspects in which the proposed plat fails to conform to
18 the official map. A copy of the order or resolution shall be
19 filed in the office of the municipal clerk.
20 If the corporate authorities fail to act upon the final
21 plat within the time prescribed the applicant may, after
22 giving 5 days written notice to the corporate authorities,
23 file a complaint for summary judgment in the circuit court
24 and upon showing that the corporate authorities have failed
25 to act within the time prescribed the court shall enter an
26 order authorizing the recorder to record the plat as finally
27 submitted without the approval of the corporate authorities.
28 A plat so recorded shall have the same force and effect as
29 though that plat had been approved by the corporate
30 authorities. If the corporate authorities refuse to act upon
31 the final plat within the time prescribed and if their
32 failure to act thereon is wilful, upon such showing and upon
33 proof of damages the municipality shall be liable therefor.
34 (Source: P.A. 83-358.)
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1 (65 ILCS 5/11-39-3)
2 Sec. 11-39-3. Builder or developer cash bond.
3 (a) A municipality may not require a cash bond from a
4 builder or developer to guarantee completion of a project
5 improvement when the builder or developer has filed with the
6 municipal clerk a current, irrevocable letter of credit,
7 surety bond, or letter of commitment issued by a bank,
8 savings and loan association, surety, or insurance company,
9 deemed with good and sufficient by the sureties with the
10 clerk of the municipality accepting such security, in an
11 amount equal to or greater than 110% of the amount of the bid
12 on each project improvement. A builder or developer may elect
13 to utilize an irrevocable letter of credit, surety bond, or
14 letter of commitment, issued by a bank, savings and loan
15 association, surety, or insurance company, deemed good and
16 sufficient by the municipality, to satisfy any cash bond
17 requirement established by a municipality.
18 (b) If a municipality receives a cash bond from a
19 builder or developer to guarantee completion of a project
20 improvement, the municipality shall (i) register the bond
21 under the address of the project and the construction permit
22 number and (ii) give the builder or developer a receipt for
23 the bond. The municipality shall establish and maintain a
24 separate account for all cash bonds received from builders
25 and developers to guarantee completion of a project
26 improvement.
27 (c) The municipality shall refund a cash bond to a
28 builder or developer within 60 days after the builder or
29 developer notifies the municipality in writing of the
30 completion of the project improvement for which the bond was
31 required. For these purposes, "completion" means that the
32 municipality has determined that the project improvement for
33 which the bond was required is complete or a licensed
34 engineer or licensed architect has certified to the builder
35 or developer and the municipality that the project
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1 improvement has been completed to the applicable codes and
2 ordinances. The municipality shall pay interest to the
3 builder or developer, beginning 60 days after builder or
4 developer notifies the municipality in writing of the
5 completion of the project improvement, on any bond not
6 refunded to a builder or developer, at the rate of 1% per
7 month.
8 (d) A home rule municipality may not require or maintain
9 cash bonds from builders or developers in a manner
10 inconsistent with this Section. This Section is a denial and
11 limitation under subsection (i) of Section 6 of Article VII
12 of the Illinois Constitution on the concurrent exercise by a
13 home rule municipality of powers and functions exercised by
14 the State.
15 (Source: P.A. 89-518, eff. 1-1-97.)".
16 Submitted on , 1997.
17 ______________________________ _____________________________
18 Senator Klemm Representative Scott
19 ______________________________ _____________________________
20 Senator Butler Representative Lopez
21 ______________________________ _____________________________
22 Senator Bomke Representative Hannig
23 ______________________________ _____________________________
24 Senator Bowles Representative Churchill
25 ______________________________ _____________________________
26 Senator Trotter Representative Hughes
27 Committee for the Senate Committee for the House