Full Text of HB1526 97th General Assembly
HB1526 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1526 Introduced 2/15/2011, by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-15.1-2.1 | from Ch. 24, par. 11-15.1-2.1 |
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Amends the Illinois Municipal Code. Provides that if "any portion" of a property that is the subject of an annexation agreement is located more than 1.5 miles from the corporate boundaries of the annexing municipality, that property is subject to the ordinances, control, and jurisdiction of the annexing municipality unless the county board retains jurisdiction by the affirmative vote of two-thirds of its members. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-15.1-2.1 as follows:
| 6 | | (65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
| 7 | | Sec. 11-15.1-2.1. Annexation agreement; municipal | 8 | | jurisdiction.
| 9 | | (a) Except as provided in subsections (b) and (c), property | 10 | | that is the subject of an annexation agreement adopted
under | 11 | | this Division is subject to the ordinances, control, and | 12 | | jurisdiction
of the annexing municipality in all respects the | 13 | | same as property that lies
within the annexing municipality's | 14 | | corporate limits.
| 15 | | (b) This Section shall not apply in (i) a county with a | 16 | | population of more
than 3,000,000, (ii) a county that borders a | 17 | | county with a population of
more than 3,000,000
or (iii) a | 18 | | county with a population of more than
246,000 according to the | 19 | | 1990 federal census and bordered by the Mississippi
River,
| 20 | | unless the parties to the annexation agreement have, at the
| 21 | | time the agreement is signed, ownership or control of all | 22 | | property
that would make the property that is the subject of | 23 | | the agreement contiguous
to the annexing municipality, in which |
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| 1 | | case the property that is the subject of
the annexation | 2 | | agreement is subject to the ordinances, control, and
| 3 | | jurisdiction of the municipality in all respects the same as | 4 | | property owned by
the municipality that lies within its | 5 | | corporate limits.
| 6 | | (b-5) The limitations of item (iii) of subsection (b) do | 7 | | not apply to property that is the subject of an annexation | 8 | | agreement adopted under this Division within one year after the | 9 | | effective date of this amendatory Act of the 95th General | 10 | | Assembly with a coterminous home rule municipality, as of June | 11 | | 1, 2009, that borders the Mississippi River, in a county with a | 12 | | population in excess of 258,000, according to the 2000 federal | 13 | | census, if all such agreements entered into by the municipality | 14 | | pertain to parcels that comprise a contiguous area of not more | 15 | | than 120 acres in the aggregate.
| 16 | | (c) Except for property located in a county referenced in | 17 | | subsection (b) of this Section, if any portion of a property | 18 | | that is the subject of an annexation agreement is located more | 19 | | than 1.5 miles from the corporate boundaries of the annexing | 20 | | municipality, that property is subject to the ordinances, | 21 | | control, and jurisdiction of the annexing municipality unless | 22 | | the county board retains jurisdiction by the affirmative vote | 23 | | of two-thirds of its members.
| 24 | | (d) If the county board retains jurisdiction under | 25 | | subsection (c) of this Section, the annexing municipality may | 26 | | file a request for jurisdiction with the county board on a case |
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| 1 | | by case basis. If the county board agrees by the affirmative | 2 | | vote of a majority of its members, then the property covered by | 3 | | the annexation agreement shall be subject to the ordinances, | 4 | | control, and jurisdiction of the annexing municipality.
| 5 | | (Source: P.A. 95-175, eff. 1-1-08; 95-922, eff. 8-26-08; | 6 | | 96-163, eff. 1-1-10; 96-188, eff. 8-10-09; 96-1000, eff. | 7 | | 7-2-10.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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