Full Text of HB0836 94th General Assembly
HB0836 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0836
Introduced 2/2/2005, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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30 ILCS 550/1 |
from Ch. 29, par. 15 |
55 ILCS 5/5-1041 |
from Ch. 34, par. 5-1041 |
65 ILCS 5/11-12-8 |
from Ch. 24, par. 11-12-8 |
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Amends the State Finance Act. Requires the amount of the surety bond of any contractor making contracts for public work of any kind for the State or any political subdivision costing over $5,000 to be conditioned for adherence to certain standards set forth in the Illinois Drainage Code. Provides that the bond is deemed to contain a provision that the principals and sureties on the bond agree that all work performed as part of the contract adheres to certain standards set forth in the Illinois Drainage Code. Amends the Counties Code. Requires the county board to have a qualified engineer estimate the probable expenditures necessary to conform to certain standards set forth in the Illinois Drainage Code in order to determine the amount sufficient for the bond required of any person who seeks the county board's approval of a map, plat, or subdivision. Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality shall require (now, may provide) that any person, firm, or corporation seeking approval of a subdivision or resubdivision map or plat post a cash bond with the municipal clerk sufficient to cover the estimate made by the municipal engineer of expenditures, including the expenditure necessary to conform to certain standards set forth in the Illinois Drainage Code. Preempts home rule.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB0836 |
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LRB094 05956 MKM 36012 b |
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| AN ACT concerning surety bonds.
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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 Public Construction Bond Act is amended by | 5 |
| changing Section 1 as follows:
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| (30 ILCS 550/1) (from Ch. 29, par. 15)
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| Sec. 1. Except as otherwise provided by this Act, all | 8 |
| officials, boards,
commissions or agents of this State, or of
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| any political subdivision thereof in making contracts for | 10 |
| public work of
any kind costing over $5,000 to be performed for | 11 |
| the State, or a political
subdivision thereof
shall require | 12 |
| every contractor for the work to furnish, supply and deliver
a | 13 |
| bond to the State, or to the political subdivision thereof | 14 |
| entering into
the contract, as the case may be, with good and | 15 |
| sufficient sureties. The
amount of the bond shall be fixed by | 16 |
| the officials, boards, commissions,
commissioners or agents, | 17 |
| and the bond, among other conditions,
shall be
conditioned for | 18 |
| the completion of the contract, for the payment of material
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| used in the work ,
and for all labor performed in the work, | 20 |
| whether by
subcontractor or otherwise , and for adherence to the | 21 |
| standards set forth in Article II of the Illinois Drainage | 22 |
| Code .
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| If the contract is for emergency repairs as provided in the | 24 |
| Illinois
Procurement
Code, proof of payment for all labor, | 25 |
| materials, apparatus, fixtures, and
machinery may be
furnished | 26 |
| in lieu of the bond required by this Section.
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| Each such bond is deemed to contain the following | 28 |
| provisions whether
such provisions are inserted in such bond or | 29 |
| not:
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| "The principal and sureties on this bond agree that all the
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| undertakings, covenants, terms, conditions and agreements of | 32 |
| the contract
or contracts entered into between the principal |
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| and the State or any
political subdivision thereof will be | 2 |
| performed and fulfilled and to pay
all persons, firms and | 3 |
| corporations having contracts with the principal or
with | 4 |
| subcontractors, all just claims due them under the provisions | 5 |
| of such
contracts for labor performed or materials furnished in | 6 |
| the performance of
the contract on account of which this bond | 7 |
| is given, when such claims are
not satisfied out of the | 8 |
| contract price of the contract on account of which
this bond is | 9 |
| given, after final settlement between the officer, board,
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| commission or agent of the State or of any political | 11 |
| subdivision thereof
and the principal has been made. The | 12 |
| principal and sureties on this bond further agree that all work | 13 |
| performed as part of the contract or contracts adheres to the | 14 |
| standards set forth in Article II of the Illinois Drainage | 15 |
| Code. "
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| The surety bond required by this Section may be acquired | 17 |
| from the
company, agent or broker of the contractor's choice. | 18 |
| The bond and sureties
shall
be subject to the right of | 19 |
| reasonable approval or disapproval, including
suspension, by | 20 |
| the State or political subdivision thereof concerned. In the
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| case of State construction contracts, a contractor shall not be | 22 |
| required to
post a cash bond or letter of credit in addition to | 23 |
| or as a substitute for the
surety bond required by this | 24 |
| Section.
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| When other than motor fuel tax funds, federal-aid funds, or | 26 |
| other
funds received from the State are used, a political | 27 |
| subdivision may allow
the contractor to provide a | 28 |
| non-diminishing irrevocable bank letter of
credit, in lieu of | 29 |
| the bond required by this Section, on contracts under
$100,000 | 30 |
| to comply with the requirements of this Section. Any such bank
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| letter of credit shall contain all provisions required for | 32 |
| bonds by this
Section.
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| (Source: P.A. 93-221, eff. 1-1-04.)
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| Section 10. The Counties Code is amended by changing | 35 |
| Section 5-1041 as follows:
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| (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
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| Sec. 5-1041. Maps, plats and subdivisions. A county board | 3 |
| may prescribe,
by resolution or ordinance, reasonable rules and | 4 |
| regulations governing the
location, width and course of streets | 5 |
| and highways and of floodplain,
stormwater and floodwater | 6 |
| runoff channels and basins, and the provision of
necessary | 7 |
| public grounds for schools, public libraries, parks or
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| playgrounds, in any map, plat or subdivision of any block, lot | 9 |
| or sub-lot
or any part thereof or any piece or parcel of land, | 10 |
| not being within any
city, village or incorporated town. The | 11 |
| rules and regulations may include
such reasonable requirements | 12 |
| with respect to water supply and sewage
collection and | 13 |
| treatment as may be established by the Environmental
Protection | 14 |
| Agency, and such reasonable requirements with respect to
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| floodplain and stormwater management as may be established by | 16 |
| the County
Stormwater Management Committee established under | 17 |
| Section 5-1062 of this
Code, and such reasonable requirements | 18 |
| with respect to street drainage and
surfacing as may be | 19 |
| established by the
county engineer or superintendent of | 20 |
| highways and which by resolution shall
be deemed to be the | 21 |
| minimum
requirements in the interest of the health, safety, | 22 |
| education and
convenience of the public of the county; and may | 23 |
| provide by
resolution that the map, plat or subdivision shall | 24 |
| be submitted to the
county board or to some officer to be | 25 |
| designated by the county board for
their or his approval. The | 26 |
| county board shall have a qualified engineer
make an estimate | 27 |
| of the probable expenditures necessary to enable any
person to | 28 |
| conform with the standards of construction established by the
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| board pursuant to the provisions of this Section and to conform | 30 |
| to the standards set forth in Article II of the Illinois | 31 |
| Drainage Code . Except as provided in
Section 3 of the Public | 32 |
| Construction Bond Act, each person who seeks
the county board's | 33 |
| approval of a map, plat or subdivision shall post a
good and | 34 |
| sufficient cash bond, irrevocable letter of credit, surety
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| bond, or other adequate security with the county clerk,
in a |
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| penal sum sufficient to cover the estimate of expenditures made | 2 |
| by the
estimating engineer. The cash bond, irrevocable letter | 3 |
| of credit,
surety bond, or other adequate security shall be
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| conditioned upon faithful adherence to the rules and | 5 |
| regulations of the
county board promulgated pursuant to the | 6 |
| authorization granted to it by
this Section or by Section | 7 |
| 5-1062 of this Code, and in such cases no such
map, plat or | 8 |
| subdivision shall be entitled to record in the proper county
or | 9 |
| have any validity until it has been so approved.
If the county | 10 |
| board requires a cash bond, letter of credit, surety, or any
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| other method to cover the costs and expenses and to insure | 12 |
| completion of the
requirements, the requirements shall be | 13 |
| subject to the provisions of Section
5-1123 of this Code.
This | 14 |
| Section is subject to the provisions of Section 5-1123.
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| The county board may, by resolution, provide a schedule of | 16 |
| fees sufficient
to reimburse the county for the costs incurred | 17 |
| in reviewing such maps, plats
and subdivisions submitted for | 18 |
| approval to the county board. The
fees authorized by this | 19 |
| Section are to be paid into the general
corporate fund of the | 20 |
| county by the party desiring to have the plat
approved.
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| For purposes of implementing ordinances regarding
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| developer donations or impact fees and only for the purpose of | 23 |
| expenditures
thereof, "public grounds
for schools" is defined | 24 |
| as including land or site
improvements, which include school | 25 |
| buildings or other infrastructure
necessitated and | 26 |
| specifically and uniquely attributable to the development
or
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| subdivision in question.
This amendatory
Act of the 93rd | 28 |
| General Assembly applies to all impact fees or developer
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| donations paid into a school district or held in a separate | 30 |
| account or escrow
fund
by any school district or county for a | 31 |
| school district.
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| No officer designated by a county board for the approval of | 33 |
| plats
shall engage in the business of surveying, and no map, | 34 |
| plat or
subdivision shall be received for record or have any | 35 |
| validity which has
been prepared by or under the direction of | 36 |
| such plat officer.
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| It is the intention of this amendatory Act of 1990 to | 2 |
| repeal the
language added to Section 25.09 of "An Act to revise | 3 |
| the law in relation to
counties", approved March 31, 1874, by | 4 |
| P.A. 86-614, Section 25.09 of that
Act being the predecessor of | 5 |
| this Section.
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| (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
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| Section 15. The Illinois Municipal Code is amended by | 8 |
| changing Section 11-12-8 as follows:
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| (65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
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| Sec. 11-12-8. Compliance of plat with map; designation of | 11 |
| public lands;
approval;
bond; order; failure to act upon plat.
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| The corporate authorities of the municipality shall determine | 13 |
| whether a
proposed plat of subdivision or resubdivision | 14 |
| complies with the official
map. To secure such determination, | 15 |
| the person requesting the subdivision or
resubdivision shall | 16 |
| file four copies of a plat thereof with the clerk of
the | 17 |
| municipality, and shall furnish therewith four copies of all | 18 |
| data
necessary to show compliance with all applicable municipal | 19 |
| regulations and
shall make application for preliminary or final | 20 |
| approval of the proposed
plat.
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| Whenever the reasonable requirements provided by the | 22 |
| ordinance including
the official map shall indicate the | 23 |
| necessity for providing for a school
site, park site, or other | 24 |
| public lands within any proposed subdivision for
which approval | 25 |
| has been requested, and no such provision has been made
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| therefor, the municipal authority may require that lands be | 27 |
| designated for
such public purpose before approving such plat. | 28 |
| Whenever a final plat of
subdivision, or part thereof, has been | 29 |
| approved by the corporate
authorities as complying with the | 30 |
| official map and there is designated
therein a school site, | 31 |
| park site or other public land, the corporate
authorities | 32 |
| having jurisdiction of such use, be it a school board, park
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| board or other authority, such authority shall acquire the land | 34 |
| so
designated by purchase or commence proceedings to acquire |
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| such land by
condemnation within one year from the date of | 2 |
| approval of such plat; and if
it does not do so within such | 3 |
| period of one year, the land so designated
may then be used by | 4 |
| the owners thereof in any other manner consistent with
the | 5 |
| ordinance including the official map and the zoning ordinance | 6 |
| of the
municipality.
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| The corporate authorities may by ordinance provide that a | 8 |
| plat of
subdivision may be submitted initially to the plan | 9 |
| commission for
preliminary approval. The application for | 10 |
| preliminary approval shall show
location and width of proposed | 11 |
| streets and public ways, shall indicate
proposed location of | 12 |
| sewers and storm drains, proposed dedication of public
grounds, | 13 |
| if any, lot sizes, proposed easements for public utilities, and
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| proposed method of sewage and waste disposal, but need not | 15 |
| contain
specifications for proposed improvements.
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| The plan Commission shall approve or disapprove the | 17 |
| application for
preliminary approval within 90 days from the | 18 |
| date of the application or the
filing by the applicant of the | 19 |
| last item of required supporting data,
whichever date is later, | 20 |
| unless such time is extended by mutual consent. If
such plat is | 21 |
| disapproved, then within said 90 days the plan commission
shall | 22 |
| furnish to applicant in writing a statement setting forth the | 23 |
| reason
for disapproval and specifying with particularity the | 24 |
| aspects in which the
proposed plat fails to conform to the | 25 |
| ordinances including official map. If
such plat is approved the | 26 |
| corporate authority shall accept or reject said
plat within 30 | 27 |
| days after its next regular stated meeting following the
action | 28 |
| of the plan commission. Preliminary approval shall not qualify | 29 |
| a
plat for recording.
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| Application for final approval of a plat shall be made not | 31 |
| later than
one year after preliminary approval has been | 32 |
| granted. This application must
be supported by such drawings, | 33 |
| specifications and bond as may be necessary
to demonstrate | 34 |
| compliance with all requirements of this statute and such
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| regulations as the corporate authorities may provide by | 36 |
| ordinance under
authority of this statute.
This Section is |
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| subject to the provisions of Section 11-39-3 of this
Code.
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| The applicant may elect to have final approval of a | 3 |
| geographic part or
parts of the plat that received preliminary | 4 |
| approval, and may delay
application for approval of other parts | 5 |
| until a later date or dates beyond
one year with the approval | 6 |
| of the municipal authorities; provided, all
facilities | 7 |
| required to serve the part or parts for which final approval is
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| sought have been provided. In such case only such part or parts | 9 |
| of the plat
as have received final approval shall be recorded.
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| When a person submitting a plat of subdivision or | 11 |
| resubdivision for
final approval has supplied all drawings, | 12 |
| maps and other documents required
by the municipal ordinances | 13 |
| to be furnished in support thereof, and if all
such material | 14 |
| meets all municipal requirements, the corporate authorities
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| shall approve the proposed plat within 60 days from the date of | 16 |
| filing the
last required document or other paper or within 60 | 17 |
| days from the date of
filing application for final approval of | 18 |
| the plat, whichever date is later.
The applicant and the | 19 |
| corporate authorities may mutually agree to extend
the 60 day | 20 |
| period.
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| Except as provided in Section 3 of the Public Construction | 22 |
| Bond Act, the
corporate authorities shall require
may provide
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| that any person, firm or
corporation seeking approval of a | 24 |
| subdivision or resubdivision map or plat
shall post a good and | 25 |
| sufficient cash bond, irrevocable letter of credit,
or surety | 26 |
| bond with the municipal clerk in a penal
sum sufficient to | 27 |
| cover the estimate made by the municipal engineer, or
other | 28 |
| authorized person, of expenditures, including but not limited | 29 |
| to
reasonable inspection fees to be borne by the applicant, | 30 |
| necessary to
conform to the requirements established by | 31 |
| ordinance and necessary to conform to the standards set forth | 32 |
| in Article II of the Illinois Drainage Code and conditioned | 33 |
| upon conformance to those standards and
completion of
said | 34 |
| requirements in a reasonable time. The corporate authorities | 35 |
| may, by
ordinance, prescribe the form of the cash bond, | 36 |
| irrevocable letter of
credit, or surety bond and may require |
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| surety to be
approved by the corporate authorities; provided, | 2 |
| that a municipality may
permit the depositing of cash or other | 3 |
| security acceptable to the corporate
authorities, to complete | 4 |
| the improvements required in lieu of a bond if it
shall so | 5 |
| provide by ordinance; and further provided, that no bond or
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| security shall be required to be filed until the corporate | 7 |
| authorities have
approved the plat in all other respects and | 8 |
| have notified the applicant of
such approval. If the corporate | 9 |
| authorities require a cash bond, letter of
credit, surety, or | 10 |
| any other method to cover the costs and expenses and to
insure
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| completion of the requirements, the requirements shall be
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| subject to the provisions of Section 11-39-3 of this
Code.
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| If the preliminary or final plat is approved, the municipal | 14 |
| clerk shall
attach a certified copy of the order or resolution | 15 |
| of approval to a copy of
the plat. If the proposed plat is | 16 |
| disapproved, the order or resolution
shall state the reasons | 17 |
| for the disapproval, specifying with particularity
the aspects | 18 |
| in which the proposed plat fails to conform to the official
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| map. A copy of the order or resolution shall be filed in the | 20 |
| office of the
municipal clerk.
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| If the corporate authorities fail to act upon the final | 22 |
| plat within the
time prescribed the applicant may, after giving | 23 |
| 5 days written notice to
the corporate authorities, file a | 24 |
| complaint for summary judgment in the
circuit court and upon | 25 |
| showing that the corporate authorities have failed
to act | 26 |
| within the time prescribed the court shall enter an order
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| authorizing the recorder to record the plat as
finally | 28 |
| submitted
without the approval of the corporate authorities. A | 29 |
| plat so recorded shall
have the same force and effect as though | 30 |
| that plat had been approved by the
corporate authorities. If | 31 |
| the corporate authorities refuse to act upon the
final plat | 32 |
| within the time prescribed and if their failure to act thereon
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| is wilful, upon such showing and upon proof of damages the | 34 |
| municipality
shall be liable therefor.
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| The establishment of standards for compliance with the | 36 |
| Illinois Drainage Code is an exclusive power and function of |
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| the State. A home rule unit may not approve or disapprove a | 2 |
| proposed plat of subdivision or resubdivision in a manner | 3 |
| inconsistent with the changes made by this amendatory Act of | 4 |
| the 94th General Assembly. This Section is a denial and | 5 |
| limitation of home rule powers under subsection (h) of Section | 6 |
| 6 of Article VII of the Illinois Constitution.
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| (Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
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