SB1494 95TH GENERAL ASSEMBLY

LRB095 10916 HLH 31202 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1494

Introduced 2/9/2007, by Sen. Pamela J. Althoff

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 request for refund of cash contributions paid in lieu of land donations and pursuant to a county or municipal ordinance must be filed (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 objector knew or should have known that the money has been spent if the request is based on an objection that the contribution was spent in a manner inconsistent with the county or municipal ordinance but, in any case, must be filed within 5 years after the money has been spent. Requires each request to include certain information and provides that failure to file the request within the designated time period and to comply with certain requirements constitutes grounds for denial of the request. Effective January 1, 2008.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by adding Section 5-1041.2 as follows:

(55 ILCS 5/5-1041.2 new)

Sec. 5-1041.2. Requests for refunds of cash contributions; limitations; payments under protest.

(a) Any request for the refund of cash contributions paid in lieu of land donations under this Division, and pursuant to a county's ordinance, that is based on objections to the validity of an ordinance or to the manner in which donations or contributions are calculated under the ordinance must be filed with the county within one year after the date of payment or a longer period, if specified in a county ordinance or in an annexation agreement. Each request must state: (i) the name and address of the person who made the payment; (ii) the amount of the cash contribution; (iii) the reasons for which a refund is being requested; and (iv) evidence that the contribution was made under protest at the time of payment.

(b) Any request for the refund of cash contributions paid in lieu of land donations under this Division, and pursuant to a county ordinance, that is based on an objection that the money collected has been spent in a manner inconsistent with the ordinance must be filed within one year after the objector knew or should have known the money has been spent. However, in any case, the request must be filed within 5 years after the money has been spent. Each request shall be directed to the unit of local government that is alleged to have spent the funds incorrectly and shall be copied to the county, requesting that the funds be returned to the county so that it may issue a refund. Each request must state: (i) the name and address of the person who made the payment, (ii) the amount of the cash contribution, and (iii) the reasons for which the refund is being requested.

(c) The county may institute procedures to facilitate consideration of refund requests and must require strict compliance with the requirements of this Section. Failure to file a request within the designated time period and to comply with the requirements of this Section constitutes grounds for denial of the request.

Section 10. The Illinois Municipal Code is amended by adding Section 11-12-5.2 as follows:

(65 ILCS 5/11-12-5.2 new)

Sec. 11-12-5.2. Requests for refunds of cash contributions; limitations; payment under protest.

(a) Any request for the refund of cash contributions paid in lieu of land donations under this Division, and pursuant to a municipality's ordinance, that is based on objections to the validity of an ordinance or to the manner in which donations or contributions are calculated under the ordinance must be filed with the municipality within one year after the date of payment or a longer period, if specified in a municipal ordinance or in an annexation agreement. Each request must state: (i) the name and address of the person who made the payment; (ii) the amount of the cash contribution; (iii) the reasons for which a refund is being requested; and (iv) evidence that the contribution was made under protest at the time of payment.

(b) Any request for the refund of cash contributions paid in lieu of land donations under this Division, and pursuant to a municipal ordinance, that is based on an objection that the money collected has been spent in a manner inconsistent with the ordinance must be filed within one year after the objector knew or should have known the money has been spent. However, in any case, the request must be filed within 5 years after the money has been spent. Each request shall be directed to the unit of local government that is alleged to have spent the funds incorrectly and shall be copied to the municipality, requesting that the funds be returned to the municipality so that it may issue a refund. Each request must state: (i) the name and address of the person who made the payment, (ii) the amount of the cash contribution, and (iii) the reasons for which the refund is being requested.

(c) The municipality may institute procedures to facilitate consideration of refund requests and must require strict compliance with the requirements of this Section. Failure to file a request within the designated time period and to comply with the requirements of this Section constitutes grounds for denial of the request.

Section 99. Effective date. This Act takes effect January 1, 2008.