March 12, 2016
Legislative E-Blast
Legislative Committee American Planning Association – Illinois Chapter
House Bill 6033, Amends Annexation Statutes Adding Burdensome Notice and Procedural Requirements Sponsor: Representative Robert Pritchard (R – 70th District, Boone, DeKalb, Kane Counties) HB6033 Summary: Representative Pritchard has introduced legislation, designated HB 6033, that amends the annexation statutes by creating a new Sections 7-1-1.2 and 7-1-5.4 creating new notification and procedural requirements beyond those that are already in the annexation statutes. Section 7-1-1.2(a) requires that a public hearing be held by municipal corporate authorities before any annexation can occur. Section 7-1-1.2(b) requires that a 30 day notice of the public hearing be given to all property owners within ½ mile of the proposed area to be annexed. Section 7-1-1.2(c) provides that all property owners and residents within 1.5 miles of the proposed area to be annexed have an automatic right to be heard at the public hearing. Section 7-1-1.2(d) requires corporate authorities make a determination on whether any issues or concerns are raised at the public hearing and make a “good faith” investigation and respond to the issues or concerns. Section 7-1-5.4 requires that when a municipality is petitioned by a developer for or when a municipality proposes an annexation for residential, commercial, or industrial development, the municipality will work with developer, county, township, or road district “impacted” by the annexation to ensure that the roads are maintained in as good as or better condition than before annexation. Status: HB 6033 was introduced on February 11, 2016 and referred to the Rules Committee that day where it still stands. So far, the bill has not gained any other sponsors. Analysis: HB 6033 is an odd piece of legislation. It is unclear what, if any, issues it is trying to address in existing annexation law. The bill, as presented, is duplicative of many existing annexation and annexation agreement statutory requirements, and includes a lot of imprecise language that can open the door to significant and costly litigation based on alleged technical defects in the annexation process. Annexation has always been a process left to the discretion of a municipality based on its development and planning objectives. HB 6033 turns this longstanding policy principle on its head, presupposes that annexations occur in a policy vacuum, and elevates the rights of people who are not necessarily residents of the municipality or even the territory to be annexed. Recommendation: Contact your state legislators to Oppose HB6033 as introduced