Illinois General Assembly - Full Text of HB2157
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Full Text of HB2157  101st General Assembly


Rep. Thaddeus Jones

Filed: 2/28/2019





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2    AMENDMENT NO. ______. Amend House Bill 2157 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 7-1-8 and 7-1-13 as follows:
6    (65 ILCS 5/7-1-8)  (from Ch. 24, par. 7-1-8)
7    Sec. 7-1-8. Any territory which is not within the corporate
8limits of any municipality but which is contiguous to a
9municipality at the time of annexation and which territory has
10no electors residing therein, or any such territory with
11electors residing therein, may be annexed to the municipality
12in the following manner: a written petition signed by the
13owners of record of all land within such territory and by at
14least 51% of the electors residing therein shall be filed with
15the municipal clerk. The petition shall request annexation and
16shall state (a) that no electors reside therein or that at



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1least 51% of such electors residing therein join in the
2petition, whichever shall be the case, (b) that the petition
3for annexation is made solely for the benefit of the owners of
4record of the land and, if applicable, the electors residing in
5the territory, and (c) that the petition for annexation is not
6made for the purpose of assisting any municipality in annexing
7additional territory pursuant to Section 7-1-13, and shall be
8under oath. The corporate authorities of the municipality to
9which annexation is sought shall then consider the question of
10the annexation of the described territory. A majority vote of
11the corporate authorities then holding office is required to
12annex. The vote shall be by "yeas" and "nays" entered on the
13legislative records. A copy of the ordinance annexing the
14territory together with an accurate map of the annexed
15territory shall be recorded with the recorder and filed with
16the County Clerk within the county wherever the annexed
17territory is located.
18(Source: P.A. 83-358.)
19    (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
20    Sec. 7-1-13. Annexation.
21    (a) Whenever any unincorporated territory containing 60
22acres or less, is wholly bounded by (a) one or more
23municipalities, (b) one or more municipalities and a creek in a
24county with a population of 400,000 or more, or one or more
25municipalities and a river or lake in any county, (c) one or



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1more municipalities and the Illinois State boundary, (d) except
2as provided in item (h) of this subsection (a), one or more
3municipalities and property owned by the State of Illinois,
4except highway right-of-way owned in fee by the State, (e) one
5or more municipalities and a forest preserve district or park
6district, (f) if the territory is a triangular parcel of less
7than 10 acres, one or more municipalities and an interstate
8highway owned in fee by the State and bounded by a frontage
9road, (g) one or more municipalities in a county with a
10population of more than 800,000 inhabitants and less than
112,000,000 inhabitants and either a railroad or operating
12property, as defined in the Property Tax Code (35 ILCS
13200/11-70), being immediately adjacent to, but exclusive of
14that railroad property, (h) one or more municipalities located
15within a county with a population of more than 800,000
16inhabitants and less than 2,000,000 inhabitants and property
17owned by the State, including without limitation a highway
18right-of-way owned in fee by the State, or (i) one or more
19municipalities and property on which a federally funded
20research facility in excess of 2,000 acres is located, that
21territory may be annexed by any municipality by which it is
22bounded in whole or in part, by the passage of an ordinance to
23that effect after notice is given as provided in subsection (b)
24of this Section. Land or property that is used for agricultural
25purposes or to produce agricultural goods shall not be annexed
26pursuant to item (g). Nothing in this Section shall subject any



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1railroad property to the zoning or jurisdiction of any
2municipality annexing the property under this Section. The
3ordinance shall describe the territory annexed and a copy
4thereof together with an accurate map of the annexed territory
5shall be recorded in the office of the recorder of the county
6wherein the annexed territory is situated and a document of
7annexation shall be filed with the county clerk and County
8Election Authority. Nothing in this Section shall be construed
9as permitting a municipality to annex territory of a forest
10preserve district in a county with a population of 3,000,000 or
11more without obtaining the consent of the district pursuant to
12Section 8.3 of the Cook County Forest Preserve District Act nor
13shall anything in this Section be construed as permitting a
14municipality to annex territory owned by a park district
15without obtaining the consent of the district pursuant to
16Section 8-1.1 of the Park District Code. A municipality shall
17not annex any territory pursuant to this Section that could not
18be annexed to the municipality pursuant to this Section but for
19the prior annexation of other territory pursuant to Section
207-1-8 unless the prior annexation pursuant to Section 7-1-8 was
21made solely for the benefit of the owners of record of the land
22and was not made for the purpose of assisting the municipality
23in annexing territory pursuant to this Section.
24    (b) The corporate authorities shall cause notice, stating
25that annexation of the territory described in the notice is
26contemplated under this Section, to be published once, in a



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1newspaper of general circulation within the territory to be
2annexed, not less than 10 days before the passage of the
3annexation ordinance, and for land annexed pursuant to item (g)
4of subsection (a) of this Section, notice shall be given to the
5impacted land owners. The corporate authorities shall also, not
6less than 15 days before the passage of the annexation
7ordinance, serve written notice, either in person or, at a
8minimum, by certified mail, on the taxpayer of record of the
9proposed annexed territory as appears from the authentic tax
10records of the county. When the territory to be annexed lies
11wholly or partially within a township other than the township
12where the municipality is situated, the annexing municipality
13shall give at least 10 days prior written notice of the time
14and place of the passage of the annexation ordinance to the
15township supervisor of the township where the territory to be
16annexed lies. If the territory to be annexed lies within the
17unincorporated area of a county, then the annexing municipality
18shall give at least 10 days' prior written notice of the time
19and place of the passage of the annexation ordinance to the
20corporate authorities of the county where the territory to be
21annexed lies.
22    (c) When notice is given as described in subsection (b) of
23this Section, no other municipality may annex the proposed
24territory for a period of 60 days from the date the notice is
25mailed or delivered to the taxpayer of record unless that other
26municipality has initiated annexation proceedings or a valid



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1petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
2of this Code has been received by the municipality prior to the
3publication and mailing of the notices required in subsection
5(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;
696-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".