Illinois-2017-SB3061-Introduced

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

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1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Municipal Code is amended by

5 changing Section 7-1-13 as follows:

6 (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)

7 Sec. 7-1-13. Annexation.

8 (a) Whenever any unincorporated territory containing 60

9 acres or less, is wholly bounded by (a) one or more

10 municipalities, (b) one or more municipalities and a creek in a

11 county with a population of 400,000 or more, or one or more

12 municipalities and a river or lake in any county, (c) one or

13 more municipalities and the Illinois State boundary, (d) except

14 as provided in item (h) of this subsection (a), one or more

15 municipalities and property owned by the State of Illinois,

16 except highway right-of-way owned in fee by the State, (e) one

17 or more municipalities and a forest preserve district or park

18 district, (f) if the territory is a triangular parcel of less

19 than 10 acres, one or more municipalities and an interstate

20 highway owned in fee by the State and bounded by a frontage

21 road, (g) one or more municipalities in a county with a

22 population of more than 800,000 inhabitants and less than

23 2,000,000 inhabitants and either a railroad or operating

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1 property, as defined in the Property Tax Code (35 ILCS

2 200/11-70), being immediately adjacent to, but exclusive of

3 that railroad property, (h) one or more municipalities located

4 within a county with a population of more than 800,000

5 inhabitants and less than 2,000,000 inhabitants and property

6 owned by the State, including without limitation a highway

7 right-of-way owned in fee by the State, or (i) one or more

8 municipalities and property on which a federally funded

9 research facility in excess of 2,000 acres is located, that

10 territory may be annexed by any municipality by which it is

11 bounded in whole or in part, by the passage of an ordinance to

12 that effect after notice is given as provided in subsection (b)

13 of this Section. Land or property that is used for agricultural

14 purposes or to produce agricultural goods shall not be annexed

15 pursuant to item (g). Nothing in this Section shall subject any

16 railroad property to the zoning or jurisdiction of any

17 municipality annexing the property under this Section. The

18 ordinance shall describe the territory annexed and a copy

19 thereof together with an accurate map of the annexed territory

20 shall be recorded in the office of the recorder of the county

21 wherein the annexed territory is situated and a document of

22 annexation shall be filed with the county clerk and County

23 Election Authority. Nothing in this Section shall be construed

24 as permitting a municipality to annex territory of a forest

25 preserve district in a county with a population of 3,000,000 or

26 more without obtaining the consent of the district pursuant to

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1 Section 8.3 of the Cook County Forest Preserve District Act nor

2 shall anything in this Section be construed as permitting a

3 municipality to annex territory owned by a park district

4 without obtaining the consent of the district pursuant to

5 Section 8-1.1 of the Park District Code.

6 (b) The corporate authorities shall cause notice, stating

7 that annexation of the territory described in the notice is

8 contemplated under this Section, to be published once, in a

9 newspaper of general circulation within the territory to be

10 annexed, not less than 10 days before the passage of the

11 annexation ordinance, and for land annexed pursuant to item (g)

12 of subsection (a) of this Section, notice shall be given to the

13 impacted land owners. The corporate authorities shall also, not

14 less than 15 days before the passage of the annexation

15 ordinance, serve written notice, either in person or, at a

16 minimum, by certified mail, on the taxpayer of record of the

17 proposed annexed territory as appears from the authentic tax

18 records of the county. When the territory to be annexed lies

19 wholly or partially within a township other than the township

20 where the municipality is situated, the annexing municipality

21 shall give at least 10 days prior written notice of the time

22 and place of the passage of the annexation ordinance to the

23 township supervisor of the township where the territory to be

24 annexed lies. If the territory to be annexed lies within the

25 unincorporated area of a county, then the annexing municipality

26 shall give at least 10 days' prior written notice of the time

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1 and place of the passage of the annexation ordinance to the

2 corporate authorities of the county where the territory to be

3 annexed lies.

4 (b-5) Notwithstanding any other provision in this

5 Division, before a municipality may annex an area under 60

6 acres under this Section, the corporate authorities of the

7 municipality must conduct at least 2 public hearings. The

8 hearings must be conducted not less than 30 business days

9 apart. During the first public hearing, the corporate

10 authorities must provide persons interested in the annexation

11 the opportunity to be heard. During the second or subsequent

12 public hearing, the corporate authorities may adopt an

13 ordinance annexing the area only if the municipality obtains

14 consent to annex the area through a petition signed by:

15 (1) more than 70% of the registered voters of the area;

16 and

17 (2) if the registered voters of the area do not own

18 more than 70% of the land in the area, more than 70% of the

19 owners of land in the area.

20 If the municipality cannot obtain consent, it may file a

21 petition in the circuit court in the county that the land is to

22 be annexed requesting relief. Relief shall only be granted for

23 existing public health and safety reasons that cannot be

24 resolved without the annexation.

25 (c) When notice is given as described in subsection (b) of

26 this Section, no other municipality may annex the proposed

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1 territory for a period of 60 days from the date the notice is

2 mailed or delivered to the taxpayer of record unless that other

3 municipality has initiated annexation proceedings or a valid

4 petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12

5 of this Code has been received by the municipality prior to the

6 publication and mailing of the notices required in subsection

7 (b).

8 (Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;

9 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.

10 8-19-11.)