94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2602


 
Introduced 2/18/2005, by Rep. Michael Tryon - Mark H. Beaubien, Jr.
 
SYNOPSIS AS INTRODUCED:
 		















55 ILCS 5/5-1041.2 new





65 ILCS 5/11-12-5.2 new










    Amends the Counties Code and the Illinois Municipal Code. Provides that any cause of action or claim for refund of cash contributions paid in lieu of land donations and any cause of action or claim for return of a land donation pursuant to a county or municipal ordinance must be commenced by filing the cause of action or claim (i) within one year after the date of payment or a longer period specified in a county or municipal ordinance or an annexation agreement if the request is based on an objection to the validity of an ordinance or to the manner in which donations or contributions are calculated under an ordinance or (ii) within one year after the money was spent or development on the land was commenced if the request is based on an objection that the contribution was spent in a manner inconsistent with the county or municipal ordinance. Effective immediately.
















LRB094 08901 MKM 39121 b

















 


 


A BILL FOR









 











HB2602

LRB094 08901 MKM 39121 b






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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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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. Refunds of cash contributions; return of 
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land donations.
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    (a) Any cause of action or claim for the refund of cash 
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contributions paid in lieu of
land donations and any cause of 
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action or claim for the return of a land donation under this 
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Division, and pursuant to a county ordinance, that is based on 
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objections to the validity of an ordinance or to the manner in 
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which donations or contributions are calculated under the 
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ordinance must
be commenced by filing the cause of action or 
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claim with the clerk of the circuit court of the county in 
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which the cash contribution was paid or the land was donated 
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within one year after the date of payment or donation or a 
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longer
period, if specified in a county ordinance or in an 
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annexation agreement. This time period shall serve as a statute 
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of limitations on any cause of action or claim under this 
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Section.
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    (b) Any cause of action or claim for the refund of cash 
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contributions paid in lieu of land donations and any cause of 
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action or claim for the return of a land donation under this 
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Division, and pursuant to a county ordinance, that is based on 
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an objection that the money collected has been spent or the 
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land has been developed in a manner inconsistent with the 
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ordinance must be commenced by filing the cause of action or 
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claim with the clerk of the circuit court in the county in 
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which the cash was paid or the land was  donated  within one year 
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after the money was spent or development on the donated land 
 


 






HB2602
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LRB094 08901 MKM 39121 b




1
was commenced. This time period shall serve as a statute of 
2
limitations on any cause of action or claim under this Section.


 
3
    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. Refunds of cash contributions; return of 
7
land donations.
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    (a) Any cause of action or claim for the refund of cash 
9
contributions paid in lieu of
land donations and any cause of 
10
action or claim for the return of a land donation under this 
11
Division, and pursuant to a municipal ordinance, that is based 
12
on objections to the validity of an ordinance or to the manner 
13
in which donations or contributions are calculated under the 
14
ordinance must
be commenced by filing the cause of action or 
15
claim with the clerk of the circuit court of the county of the 
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municipality which the cash contribution was paid or the land 
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was donated within one year after the date of payment or 
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donation or a longer
period, if specified in a municipal 
19
ordinance or in an annexation agreement. This time period shall 
20
serve as a statute of limitations on any cause of action or 
21
claim under this Section.
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    (b) Any cause of action or claim for the refund of cash 
23
contributions paid in lieu of land donations and any cause of 
24
action or claim for the return of a land donation under this 
25
Division, and pursuant to a municipal ordinance, that is based 
26
on an objection that the money collected has been spent or the 
27
land has been developed in a manner inconsistent with the 
28
ordinance must be commenced by filing the cause of action or 
29
claim with the clerk of the circuit court in the county of the 
30
municipality in which the cash was paid or the land was  donated  
31
within one year after the money was spent or development on the 
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donated land was commenced. This time period shall serve as a 
33
statute of limitations on any cause of action or claim under 
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this Section.

 
 


 






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    Section 99. Effective date. This Act takes effect upon 
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becoming law.