HB2602 94TH GENERAL ASSEMBLY

LRB094 08901 MKM 39121 b

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.

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. Refunds of cash contributions; return of land donations.

(a) Any cause of action or claim for the refund of cash contributions paid in lieu of land donations and any cause of action or claim for the return of a land donation under this Division, and pursuant to a county 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 commenced by filing the cause of action or claim with the clerk of the circuit court of the county in which the cash contribution was paid or the land was donated within one year after the date of payment or donation or a longer period, if specified in a county ordinance or in an annexation agreement. This time period shall serve as a statute of limitations on any cause of action or claim under this Section.

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

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. Refunds of cash contributions; return of land donations.

(a) Any cause of action or claim for the refund of cash contributions paid in lieu of land donations and any cause of action or claim for the return of a land donation under this Division, and pursuant to a municipal 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 commenced by filing the cause of action or claim with the clerk of the circuit court of the county of the municipality which the cash contribution was paid or the land was donated within one year after the date of payment or donation or a longer period, if specified in a municipal ordinance or in an annexation agreement. This time period shall serve as a statute of limitations on any cause of action or claim under this Section.

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

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