SB2933 94TH GENERAL ASSEMBLY

LRB094 19063 HLH 54565 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2933

Introduced 1/20/2006, by Sen. John J. Cullerton - Chris Lauzen

SYNOPSIS AS INTRODUCED:

65 ILCS 5/2-3-18

from Ch. 24, par. 2-3-18

Amends the Municipal Code. Provides that, in the case of petitions filed after July 1, 2005, it shall be conclusively presumed that lands described in a petition for incorporation as a village constitute a sufficient tax base to ensure that the village is able to provide all necessary municipal services, and no finding of the county board is required regarding the tax base and ability to provide municipal services, if (i) the proposed area for incorporation contains more than 10,000 inhabitants, and (ii) the area has an aggregated equalized assessed valuation of not less than $40,000 multiplied by the number of inhabitants within the area during the year immediately preceding the filing of the petition.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 2-3-18 as follows:

(65 ILCS 5/2-3-18) (from Ch. 24, par. 2-3-18)

Sec. 2-3-18.

In any county of between 150,000 and 1,000,000 population which has adopted an official plan under "An Act to provide for regional planning and for the creation, organization and powers of regional planning commissions", approved June 25, 1929, as amended, the county board, by resolution, may provide that before the question of incorporating a village under this Division is submitted to the electors in response to a petition filed under Section 2-3-5 or 2-3-10 the county board must first determine that (1) the proposed incorporation is compatible with the official plan for the development of the county, and (2) the lands described in the petition as intended to be embraced in the village constitute a sufficient tax base as will insure the ability of the village to provide all necessary municipal services to its inhabitants; provided that, as to any petition filed after July 1, 2005, whenever the area proposed for incorporation contains more than 10,000 inhabitants as determined by the last preceding federal census, and the equalized assessed valuation of the area aggregated is not less than $40,000 multiplied by the number of inhabitants within the area during the calendar year immediately preceding the year during which the petition to incorporate is filed, (i) it will be conclusively presumed that the lands described in the petition constitute a sufficient tax base to ensure the ability of the village to provide all necessary municipal services to its inhabitants, and no finding of the county board shall be required as to the tax base or ability to provide municipal services, and (ii) any provision of the official plan of the county that requires a showing of ability to provide such municipal services shall be satisfied. When such a resolution is in effect, the court in which such a petition is filed shall first require a showing that the required those determinations have been made by the county board. If no such showing is made, the court shall deny the petition. If such a showing is made, the court shall proceed as provided in Section 2-3-6 or 2-3-11, as the case may be.

(Source: P.A. 76-676.)