Bill Text: IL SB3061 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that before a municipality may annex an area under 60 acres, the corporate authorities of the municipality must conduct at least 2 public hearings no less than 30 business days apart. Provides that during the first public hearing, the corporate authorities must provide persons interested in the annexation the opportunity to be heard. Provides that during the second or subsequent public hearing, the corporate authorities may adopt an ordinance annexing the area only if the municipality obtains consent to annex the area through a petition signed by: more than 70 percent of the registered voters of the area; and more than 70 percent of the owners of land in the area if the registered voters of the area do not own more than 70 percent of the land in the area. Provides that if the municipality cannot obtain consent it may file a petition in the circuit court in the county that the land is to be annexed requesting relief and that relief shall only be granted for existing public health and safety reasons that cannot be resolved without the annexation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3061 Detail]

Download: Illinois-2017-SB3061-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3061 Introduced 2/15/2018, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
65 ILCS 5/7-1-13 from Ch. 24, par. 7-1-13
Amends the Illinois Municipal Code. Provides that before a municipality may annex an area under 60 acres, the corporate authorities of the municipality must conduct at least 2 public hearings no less than 30 business days apart. Provides that during the first public hearing, the corporate authorities must provide persons interested in the annexation the opportunity to be heard. Provides that during the second or subsequent public hearing, the corporate authorities may adopt an ordinance annexing the area only if the municipality obtains consent to annex the area through a petition signed by: more than 70 percent of the registered voters of the area; and more than 70 percent of the owners of land in the area if the registered voters of the area do not own more than 70 percent of the land in the area. Provides that if the municipality cannot obtain consent it may file a petition in the circuit court in the county that the land is to be annexed requesting relief and that relief shall only be granted for existing public health and safety reasons that cannot be resolved without the annexation.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3061 LRB100 19622 AWJ 34895 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 7-1-13 as follows:
(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
Sec. 7-1-13. Annexation.
(a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more
municipalities, (b) one or more municipalities and a creek in a
county with a population of 400,000 or more, or one or more
municipalities and a river or lake in any county, (c) one or
more municipalities and the Illinois State boundary, (d) except
as provided in item (h) of this subsection (a), one or more
municipalities and property owned by the State of Illinois,
except highway right-of-way owned in fee by the State, (e) one
or more municipalities and a forest preserve district or park
district, (f) if the territory is a triangular parcel of less
than 10 acres, one or more municipalities and an interstate
highway owned in fee by the State and bounded by a frontage
road, (g) one or more municipalities in a county with a
population of more than 800,000 inhabitants and less than
2,000,000 inhabitants and either a railroad or operating

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property, as defined in the Property Tax Code (35 ILCS
200/11-70), being immediately adjacent to, but exclusive of
that railroad property, (h) one or more municipalities located
within a county with a population of more than 800,000
inhabitants and less than 2,000,000 inhabitants and property
owned by the State, including without limitation a highway
right-of-way owned in fee by the State, or (i) one or more
municipalities and property on which a federally funded
research facility in excess of 2,000 acres is located, that
territory may be annexed by any municipality by which it is
bounded in whole or in part, by the passage of an ordinance to
that effect after notice is given as provided in subsection (b)
of this Section. Land or property that is used for agricultural
purposes or to produce agricultural goods shall not be annexed
pursuant to item (g). Nothing in this Section shall subject any
railroad property to the zoning or jurisdiction of any
municipality annexing the property under this Section. The
ordinance shall describe the territory annexed and a copy
thereof together with an accurate map of the annexed territory
shall be recorded in the office of the recorder of the county
wherein the annexed territory is situated and a document of
annexation shall be filed with the county clerk and County
Election Authority. Nothing in this Section shall be construed
as permitting a municipality to annex territory of a forest
preserve district in a county with a population of 3,000,000 or
more without obtaining the consent of the district pursuant to

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Section 8.3 of the Cook County Forest Preserve District Act nor
shall anything in this Section be construed as permitting a
municipality to annex territory owned by a park district
without obtaining the consent of the district pursuant to
Section 8-1.1 of the Park District Code.
(b) The corporate authorities shall cause notice, stating
that annexation of the territory described in the notice is
contemplated under this Section, to be published once, in a
newspaper of general circulation within the territory to be
annexed, not less than 10 days before the passage of the
annexation ordinance, and for land annexed pursuant to item (g)
of subsection (a) of this Section, notice shall be given to the
impacted land owners. The corporate authorities shall also, not
less than 15 days before the passage of the annexation
ordinance, serve written notice, either in person or, at a
minimum, by certified mail, on the taxpayer of record of the
proposed annexed territory as appears from the authentic tax
records of the county. When the territory to be annexed lies
wholly or partially within a township other than the township
where the municipality is situated, the annexing municipality
shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the
township supervisor of the township where the territory to be
annexed lies. If the territory to be annexed lies within the
unincorporated area of a county, then the annexing municipality
shall give at least 10 days' prior written notice of the time

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and place of the passage of the annexation ordinance to the
corporate authorities of the county where the territory to be
annexed lies.
(b-5) Notwithstanding any other provision in this
Division, before a municipality may annex an area under 60
acres under this Section, the corporate authorities of the
municipality must conduct at least 2 public hearings. The
hearings must be conducted not less than 30 business days
apart. During the first public hearing, the corporate
authorities must provide persons interested in the annexation
the opportunity to be heard. During the second or subsequent
public hearing, the corporate authorities may adopt an
ordinance annexing the area only if the municipality obtains
consent to annex the area through a petition signed by:
(1) more than 70% of the registered voters of the area;
and
(2) if the registered voters of the area do not own
more than 70% of the land in the area, more than 70% of the
owners of land in the area.
If the municipality cannot obtain consent, it may file a
petition in the circuit court in the county that the land is to
be annexed requesting relief. Relief shall only be granted for
existing public health and safety reasons that cannot be
resolved without the annexation.
(c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed

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territory for a period of 60 days from the date the notice is
mailed or delivered to the taxpayer of record unless that other
municipality has initiated annexation proceedings or a valid
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
of this Code has been received by the municipality prior to the
publication and mailing of the notices required in subsection
(b).
(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;
96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.
8-19-11.)