Sen. Emil Jones, III
Filed: 3/18/2015
 
 


 




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1
AMENDMENT TO SENATE BILL 369 




2 AMENDMENT NO. ______. Amend Senate Bill 369 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Municipal Code is amended by 
5changing Section 7-1-1 as follows:



6 (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)


7 Sec. 7-1-1. Annexation of contiguous territory. Any 
8territory that is not within the corporate limits of any 
9municipality but
is contiguous to a municipality may be annexed 
10to the municipality as provided
in this Article. For the 
11purposes of this Article any territory to be annexed
to a 
12municipality shall be considered to be contiguous to the 
13municipality
notwithstanding that the territory is separated 
14from the municipality by a
strip parcel, railroad or public 
15utility right-of-way, or former railroad right-of-way that has 
16been converted to a recreational trail, but upon annexation the 
 
 
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1area included
within that strip parcel, right-of-way, or former 
2right-of-way shall not be considered to be annexed to the

3municipality. For purposes of this Section, "strip parcel" 
4means a separation no wider than 30 feet between the territory 
5to be annexed and the municipal boundary.


6 Except in counties with a population of more than
600,000

7but
less than 3,000,000, territory which is not contiguous to a 
8municipality but is
separated therefrom only by a forest 
9preserve district, federal wildlife refuge, open land or open 
10space that is part of an open space program, as defined in 
11Section 115-5 of the Township Code, or conservation area, may 
12be annexed to the
municipality pursuant to Section 7-1-7 or 
137-1-8, but
only if the annexing municipality can show that the 
14forest preserve district, federal wildlife refuge, open land, 
15open space, or conservation area
creates an artificial barrier 
16preventing the annexation and that the location
of the forest 
17preserve district, federal wildlife refuge, open land, open 
18space, or conservation area property prevents the orderly 
19natural growth of
the annexing municipality. It shall be 
20conclusively presumed that the forest
preserve district, 
21federal wildlife refuge, open land, open space, or conservation 
22area does not create an artificial barrier if the property 
23sought
to be annexed is bounded on at least 3 sides by (i) one 
24or more other
municipalities (other than the municipality 
25seeking annexation through the
existing forest preserve 
26district, federal wildlife refuge, open land, open space, or 
 
 
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1conservation area), (ii) forest preserve district property, 
2federal wildlife refuge, open land, open space, or conservation 
3area, or
(iii) a combination of other municipalities and forest 
4preserve district
property, federal wildlife refuge property, 
5open land, open space, or conservation area. It shall also be 
6conclusively presumed that the forest preserve
district, 
7federal wildlife refuge, open land, open space, or conservation 
8area
does not create an artificial barrier if the municipality 
9seeking
annexation is not the closest municipality within the 
10county to the property to be annexed.
The territory included

11within such forest preserve district, federal wildlife refuge,

12open land, open space, or conservation area shall not be 
13annexed to the municipality
nor shall the territory of the 
14forest preserve district, federal wildlife refuge, open land, 
15open space, or conservation area be subject to
rights-of-way 
16for access or services between the parts of the municipality

17separated by the forest preserve district, federal wildlife 
18refuge, open land, open space, or conservation area without the 
19consent of the governing
body of the forest preserve district 
20or federal wildlife refuge.
The changes made to this Section by 
21Public Act 91-824 are
declaratory of existing law and shall not 
22be construed as a new enactment. Notwithstanding any other 
23provision of this paragraph, a parcel of 1 acre or less which 
24is not contiguous to a municipality but which is only separated 
25therefrom by a forest preserve district, federal wildlife 
26refuge, open land or open space that is part of an open space 
 
 
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1program, as defined in Section 115-5 of the Township Code, or 
2conservation area, may be annexed to the municipality pursuant 
3to Section 7-1-7 or 7-1-8, without requiring any showing that 
4the forest preserve district, federal wildlife refuge, open 
5land, open space, or conservation area creates an artificial 
6barrier preventing the annexation or that the location of the 
7forest preserve district, federal wildlife refuge, open land, 
8open space, or conservation area prevents the orderly natural 
9growth of the annexing municipality. 

10 For the purpose of this Section, "conservation area" means 
11an area dedicated to conservation and owned by a not-for-profit 
12organized under Section 501(c)(3) of the Internal Revenue Code 
13of 1986, or any area owned by a conservation district. 
14 In counties that are contiguous to the Mississippi River 
15with populations
of more than 200,000 but less than 255,000, a 
16municipality that is partially
located in territory that is 
17wholly surrounded by the Mississippi River and a
canal, 
18connected at both ends to the Mississippi River and located on 
19property
owned by the United States of America, may annex 
20noncontiguous territory in the
surrounded territory under 
21Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated 
22from the municipality by property owned by the United States of

23America, but that federal property shall not be annexed without 
24the consent of
the federal government.

25 For the purposes of this Article, any territory to be 
26annexed to a municipality that is located in a county with more 
 
 
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1than 500,000 inhabitants shall be considered to be contiguous 
2to the municipality if only a river and a national heritage 
3corridor separate the territory from the municipality. Upon 
4annexation, no river or national heritage corridor shall be 
5considered annexed to the municipality.

6 When any land proposed to be annexed is part of any Fire 
7Protection
District or of any Public Library District and the 
8annexing
municipality provides fire protection or a public 
9library, as the case
may be, the Trustees of each District 
10shall be notified in writing by
certified or registered mail 
11before any court hearing or other action is
taken for 
12annexation. The notice shall be served 10 days in advance.
An 
13affidavit that service of notice has been had as provided by 
14this
Section must be filed with the clerk of the court in which 
15the
annexation proceedings are pending or will be instituted 
16or, when no
court proceedings are involved, with the recorder 
17for the
county where the land is situated. No annexation of 
18that land is
effective unless service is had and the affidavit 
19filed as provided in
this Section.

20 The new boundary shall extend to the far side of any 
21adjacent highway
and shall include all of every highway within 
22the area annexed. These
highways shall be considered to be 
23annexed even though not included in
the legal description set 
24forth in the petition for annexation. When
any land proposed to 
25be annexed includes any highway under the
jurisdiction of any 
26township, the Township Commissioner of Highways,
the Board of 
 
 
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1Town Trustees, the Township Supervisor, and the Township Clerk 
2shall be notified in writing by certified or
registered mail 
3before any court hearing or other action is taken for

4annexation. In the event that a municipality fails to notify 
5the Township
Commissioner of Highways, the Board of Town 
6Trustees, the Township Supervisor, and the Township Clerk of 
7the annexation
of an area within the township, the municipality 
8shall reimburse that
township for any loss or liability caused 
9by the failure to give
notice. If any municipality has annexed 
10any area before October 1,
1975, and the legal description in 
11the petition for annexation did not
include the entire adjacent 
12highway, any such annexation shall be valid and any
highway 
13adjacent to the area annexed shall be considered to be annexed

14notwithstanding the failure of the petition to annex to include 
15the
description of the entire adjacent highway.

16 Any annexation, disconnection and annexation, or 
17disconnection under
this Article of any territory must be 
18reported by certified or
registered mail by the corporate 
19authority initiating the action to the
election authorities 
20having jurisdiction in the territory and the post
office 
21branches serving the territory within 30 days of the 
22annexation,
disconnection and annexation, or disconnection.

23 Failure to give notice to the required election authorities 
24or
post office branches will not invalidate the annexation or

25disconnection. For purposes of this Section "election 
26authorities"
means the county clerk where the clerk acts as the 
 
 
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1clerk of elections
or the clerk of the election commission 
2having jurisdiction.

3 No annexation, disconnection and annexation, or 
4disconnection under
this Article of territory having electors 
5residing therein made (1)
before any primary election to be 
6held within the municipality
affected thereby and after the 
7time for filing petitions as a candidate
for nomination to any 
8office to be chosen at the primary election or (2) within
60 
9days before any general election to be held within the 
10municipality shall be
effective until the day after the date of 
11the primary or general election, as
the case may be.

12 For the purpose of this Section, a toll highway or 
13connection between
parcels via an overpass bridge over a toll 
14highway shall not be
considered a deterrent to the definition 
15of contiguous territory.

16 When territory is proposed to be annexed
by court order 
17under this Article, the corporate
authorities or petitioners

18initiating the action shall notify each person who pays real 
19estate taxes on
property within that territory unless the 
20person is a petitioner. The notice
shall be served
by certified

21or registered mail, return receipt requested, at least 20 days 
22before a court
hearing or other court action.
If the person
who 
23pays real estate taxes on the property is not the owner of

24record, then the payor shall notify the owner of record of the 
25proposed
annexation.

26(Source: P.A. 96-1000, eff. 7-2-10; 96-1233, eff. 7-23-10; 
 
 
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197-601, eff. 1-1-12.)".