Rep. Rosemary Kurtz
Filed: 3/29/2004
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1 | AMENDMENT TO HOUSE BILL 2633
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2 | AMENDMENT NO. ______. Amend House Bill 2633, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Counties Code is amended by adding Section | ||||||
6 | 5-1041.2 as follows:
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7 | (55 ILCS 5/5-1041.2 new)
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8 | Sec. 5-1041.2. Requests for refunds of cash contributions; | ||||||
9 | limitations;
payments
under protest. | ||||||
10 | (a) Any request for the refund of cash contributions paid | ||||||
11 | in lieu of
land donations under this Division, and pursuant to | ||||||
12 | a county's ordinance, that is based on objections to the | ||||||
13 | validity of an ordinance or to the manner in which donations or | ||||||
14 | contributions are calculated under the ordinance must
be filed | ||||||
15 | with the county within one year after the date of payment or a | ||||||
16 | longer
period, if specified in a county ordinance or in an | ||||||
17 | annexation agreement. Each
request must state:
(i) the
name
and | ||||||
18 | address of the person who made the payment; (ii) the amount of | ||||||
19 | the cash
contribution; (iii) the reasons for which a refund is | ||||||
20 | being requested; and (iv)
evidence that the contribution was | ||||||
21 | made under protest at the time of payment. | ||||||
22 | (b) Any request for the refund of cash contributions paid | ||||||
23 | in lieu of land donations under this Division, and pursuant to | ||||||
24 | a county ordinance, that is based on an objection that the |
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1 | money collected has been spent in a manner inconsistent with | ||||||
2 | the ordinance must be filed within one year after the objector | ||||||
3 | knew or should have known the money has been spent. However, in | ||||||
4 | any case, the request must be filed within 5 years after the | ||||||
5 | money has been spent. Each request shall be directed to the | ||||||
6 | unit of local government that is alleged to have spent the | ||||||
7 | funds incorrectly and shall be copied to the county, requesting | ||||||
8 | that the funds be returned to the county so that it may issue a | ||||||
9 | refund. Each request must state: (i) the name and address of | ||||||
10 | the person who made the payment, (ii) the amount of the cash | ||||||
11 | contribution, and (iii) the reasons for which the refund is | ||||||
12 | being requested. | ||||||
13 | (c) The county may institute procedures to facilitate | ||||||
14 | consideration of refund
requests and must require strict | ||||||
15 | compliance with the requirements of this
Section. Failure to | ||||||
16 | file a request within the designated time period and to comply | ||||||
17 | with the
requirements of this Section constitutes grounds for | ||||||
18 | denial of the
request.
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19 | Section 10. The Illinois Municipal Code is amended by | ||||||
20 | adding Section
11-12-5.2 as follows:
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21 | (65 ILCS 5/11-12-5.2 new)
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22 | Sec. 11-12-5.2. Requests for refunds of cash | ||||||
23 | contributions; limitations;
payment
under protest. | ||||||
24 | (a) Any request for the refund of cash contributions paid | ||||||
25 | in lieu of
land donations under this Division, and pursuant to | ||||||
26 | a municipality's ordinance,
that is based on objections to the | ||||||
27 | validity of an ordinance or to the manner in which donations or | ||||||
28 | contributions are calculated under the ordinance must be filed | ||||||
29 | with the municipality within one year after the date of payment
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30 | or a
longer period, if specified in a municipal ordinance or in | ||||||
31 | an annexation
agreement. Each request
must state: (i) the name | ||||||
32 | and address of the person who
made the payment; (ii) the amount |
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1 | of the cash contribution; (iii) the reasons for
which a refund | ||||||
2 | is being requested; and (iv) evidence that the contribution was
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3 | made under protest at the time of payment.
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4 | (b) Any request for the refund of cash contributions paid | ||||||
5 | in lieu of land donations under this Division, and pursuant to | ||||||
6 | a municipal ordinance, that is based on an objection that the | ||||||
7 | money collected has been spent in a manner inconsistent with | ||||||
8 | the ordinance must be filed within one year after the objector | ||||||
9 | knew or should have known the money has been spent. However, in | ||||||
10 | any case, the request must be filed within 5 years after the | ||||||
11 | money has been spent. Each request shall be directed to the | ||||||
12 | unit of local government that is alleged to have spent the | ||||||
13 | funds incorrectly and shall be copied to the municipality, | ||||||
14 | requesting that the funds be returned to the municipality so | ||||||
15 | that it may issue a refund. Each request must state: (i) the | ||||||
16 | name and address of the person who made the payment, (ii) the | ||||||
17 | amount of the cash contribution, and (iii) the reasons for | ||||||
18 | which the refund is being requested. | ||||||
19 | (c) The municipality may institute procedures to | ||||||
20 | facilitate consideration of refund
requests and must require | ||||||
21 | strict compliance with the requirements of this
Section. | ||||||
22 | Failure to file a request within the designated time period and | ||||||
23 | to comply with the
requirements of this Section constitutes | ||||||
24 | grounds for denial of the
request.
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25 | Section 99. Effective date. This Act takes effect on | ||||||
26 | January 1, 2005.".
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