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92_HB1011gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
August 17, 2001
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex Rel.
Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387
(1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d
356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 1011 entitled "AN ACT concerning zoning,"
with my specific recommendation for change.
House Bill 1011 amends the Illinois Municipal Code
authorizing the City of Peoria and Peoria County to enter
into an intergovernmental agreement that allows the
municipality to exercise its zoning powers one and one-half
miles outside of the city limits. The agreement would be
limited to the territory within the municipality's planning
jurisdiction as defined by law or any existing boundary
agreement. Furthermore, the bill provides that the county
must adopt the same zoning ordinance and that the
municipality and the county must amend their individual
zoning maps in the same manner as other zoning changes are
incorporated into the maps. In addition, the bill provides
that the agreement any not authorize the municipality to
exercise its zoning power outside of the corporate limits of
the municipality, with respect to land used for agricultural
purposes.
It has come to may attention that the City of Peoria and
Peoria County now have a legal interpretation that calls into
question the application of the language in this bill with
respect to land used for agricultural purposes. I have heard
concerns not only from the city and county but also from the
bill's sponsor. It is my understanding that this issue arises
as a result of a drafting error on an amendment to this bill.
In order to avoid unintended consequences from this
legislation and at the request of the bill's sponsor, I
hereby return House Bill 1011 with the following
recommendation for change:
on page 3, line 19, by replacing "municipality with
"county".
With this change, House Bill 1011 will have my approval.
I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor