Bill Amendment: IL HB2157 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: MUNI-ANNEX CONTIGUOUS LAND

Status: 2019-03-29 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2157 Detail]

Download: Illinois-2019-HB2157-House_Amendment_002.html

---

Rep. Thaddeus Jones

Filed: 2/28/2019

10100HB2157ham002 LRB101 06064 AWJ 56803 a
AMENDMENT TO HOUSE BILL 2157
AMENDMENT NO. ______. Amend House Bill 2157 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Sections 7-1-8 and 7-1-13 as follows:
(65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
Sec. 7-1-8. Any territory which is not within the corporate
limits of any municipality but which is contiguous to a
municipality at the time of annexation and which territory has
no electors residing therein, or any such territory with
electors residing therein, may be annexed to the municipality
in the following manner: a written petition signed by the
owners of record of all land within such territory and by at
least 51% of the electors residing therein shall be filed with
the municipal clerk. The petition shall request annexation and
shall state (a) that no electors reside therein or that at

10100HB2157ham002 - 2 - LRB101 06064 AWJ 56803 a
least 51% of such electors residing therein join in the
petition, whichever shall be the case, (b) that the petition
for annexation is made solely for the benefit of the owners of
record of the land and, if applicable, the electors residing in
the territory, and (c) that the petition for annexation is not
made for the purpose of assisting any municipality in annexing
additional territory pursuant to Section 7-1-13, and shall be
under oath. The corporate authorities of the municipality to
which annexation is sought shall then consider the question of
the annexation of the described territory. A majority vote of
the corporate authorities then holding office is required to
annex. The vote shall be by "yeas" and "nays" entered on the
legislative records. A copy of the ordinance annexing the
territory together with an accurate map of the annexed
territory shall be recorded with the recorder and filed with
the County Clerk within the county wherever the annexed
territory is located.
(Source: P.A. 83-358.)
(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

10100HB2157ham002 - 3 - LRB101 06064 AWJ 56803 a
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
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

10100HB2157ham002 - 4 - LRB101 06064 AWJ 56803 a
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
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. A municipality shall
not annex any territory pursuant to this Section that could not
be annexed to the municipality pursuant to this Section but for
the prior annexation of other territory pursuant to Section
7-1-8 unless the prior annexation pursuant to Section 7-1-8 was
made solely for the benefit of the owners of record of the land
and was not made for the purpose of assisting the municipality
in annexing territory pursuant to this Section.
(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

10100HB2157ham002 - 5 - LRB101 06064 AWJ 56803 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
and place of the passage of the annexation ordinance to the
corporate authorities of the county where the territory to be
annexed lies.
(c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed
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

10100HB2157ham002 - 6 - LRB101 06064 AWJ 56803 a
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.)
Section 99. Effective date. This Act takes effect upon
becoming law.".