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Rep. Rosemary Kurtz
Filed: 3/29/2004
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09300HB2633ham004 |
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LRB093 10995 MKM 49250 a |
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| AMENDMENT TO HOUSE BILL 2633
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| AMENDMENT NO. ______. Amend House Bill 2633, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Counties Code is amended by adding Section |
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| 5-1041.2 as follows:
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| (55 ILCS 5/5-1041.2 new)
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| Sec. 5-1041.2. Requests for refunds of cash contributions; |
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| limitations;
payments
under protest. |
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| (a) Any request for the refund of cash contributions paid |
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| in lieu of
land donations under this Division, and pursuant to |
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| a county's ordinance, that is based on objections to the |
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| validity of an ordinance or to the manner in which donations or |
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| contributions are calculated under the ordinance must
be filed |
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| with the county within one year after the date of payment or a |
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| longer
period, if specified in a county ordinance or in an |
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| annexation agreement. Each
request must state:
(i) the
name
and |
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| address of the person who made the payment; (ii) the amount of |
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| the cash
contribution; (iii) the reasons for which a refund is |
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| being requested; and (iv)
evidence that the contribution was |
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| made under protest at the time of payment. |
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| (b) Any request for the refund of cash contributions paid |
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| in lieu of land donations under this Division, and pursuant to |
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| a county ordinance, that is based on an objection that the |
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09300HB2633ham004 |
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LRB093 10995 MKM 49250 a |
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| money collected has been spent in a manner inconsistent with |
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| the ordinance must be filed within one year after the objector |
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| knew or should have known the money has been spent. However, in |
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| any case, the request must be filed within 5 years after the |
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| money has been spent. Each request shall be directed to the |
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| unit of local government that is alleged to have spent the |
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| funds incorrectly and shall be copied to the county, requesting |
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| that the funds be returned to the county so that it may issue a |
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| refund. Each request must state: (i) the name and address of |
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| the person who made the payment, (ii) the amount of the cash |
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| contribution, and (iii) the reasons for which the refund is |
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| being requested. |
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| (c) The county may institute procedures to facilitate |
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| consideration of refund
requests and must require strict |
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| compliance with the requirements of this
Section. Failure to |
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| file a request within the designated time period and to comply |
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| with the
requirements of this Section constitutes grounds for |
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| denial of the
request.
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| Section 10. The Illinois Municipal Code is amended by |
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| adding Section
11-12-5.2 as follows:
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| (65 ILCS 5/11-12-5.2 new)
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| Sec. 11-12-5.2. Requests for refunds of cash |
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| contributions; limitations;
payment
under protest. |
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| (a) Any request for the refund of cash contributions paid |
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| in lieu of
land donations under this Division, and pursuant to |
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| a municipality's ordinance,
that is based on objections to the |
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| validity of an ordinance or to the manner in which donations or |
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| contributions are calculated under the ordinance must be filed |
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| with the municipality within one year after the date of payment
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| or a
longer period, if specified in a municipal ordinance or in |
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| an annexation
agreement. Each request
must state: (i) the name |
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| and address of the person who
made the payment; (ii) the amount |
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09300HB2633ham004 |
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LRB093 10995 MKM 49250 a |
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| of the cash contribution; (iii) the reasons for
which a refund |
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| is being requested; and (iv) evidence that the contribution was
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| made under protest at the time of payment.
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| (b) Any request for the refund of cash contributions paid |
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| in lieu of land donations under this Division, and pursuant to |
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| a municipal ordinance, that is based on an objection that the |
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| money collected has been spent in a manner inconsistent with |
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| the ordinance must be filed within one year after the objector |
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| knew or should have known the money has been spent. However, in |
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| any case, the request must be filed within 5 years after the |
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| money has been spent. Each request shall be directed to the |
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| unit of local government that is alleged to have spent the |
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| funds incorrectly and shall be copied to the municipality, |
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| requesting that the funds be returned to the municipality so |
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| that it may issue a refund. Each request must state: (i) the |
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| name and address of the person who made the payment, (ii) the |
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| amount of the cash contribution, and (iii) the reasons for |
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| which the refund is being requested. |
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| (c) The municipality may institute procedures to |
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| facilitate consideration of refund
requests and must require |
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| strict compliance with the requirements of this
Section. |
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| Failure to file a request within the designated time period and |
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| to comply with the
requirements of this Section constitutes |
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| grounds for denial of the
request.
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| Section 99. Effective date. This Act takes effect on |
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| January 1, 2005.".
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