SB0665 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0665

 

Introduced 2/24/2021, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-11-4 new

    Amends the Illinois Municipal Code. Provides that a leasehold for a term not in excess of 50 years may be made with a nonprofit corporation or association and extended for an additional 25 years by ordinance or resolution thereafter for specified purposes, including, but not limited to: cultivation or use of vacant lots for gardening or recreational purposes; and the lease of a tract of land of less than 5 acres to sell fresh fruits and vegetables. Provides that, when the city council of a municipality determines that all or any part of a municipal-owned tract of land, with or without improvements, is not then needed for municipal purposes, the city council may, by resolution or ordinance, authorize a private sale and conveyance of the same, or any part thereof, for nominal consideration without compliance with any other law governing disposal of lands by municipalities requiring adequate consideration. Limits the use of the property leased or conveyed under the provisions. Provides that property leased or conveyed under the provisions is exempt from property taxation under under the Property Tax Code if the property is actually used for the cultivation and sale of fresh fruits and vegetables and leased or owned by a nonprofit organization or association that includes among its principal purposes the cultivation and sale of fresh fruits and vegetables. Contains a statement of findings.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

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,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5adding Section 11-11-4 as follows:
 
6    (65 ILCS 5/11-11-4 new)
7    Sec. 11-11-4. Lease or sale of property for cultivation
8and sale of fresh fruits and vegetables or recreation.
9    (a) The General Assembly finds:
10        (1) There exists in certain older, urban
11    municipalities an excess of vacant property that is not
12    needed for public use.
13        (2) Vacant properties present numerous problems for
14    these municipalities, such as: presenting the opportunity
15    for criminal activity; deterring neighboring property
16    owners from improving their properties and prospective
17    purchasers and renters from locating into these areas; and
18    serving as a location to dispose of unwanted items.
19        (3) These municipalities are often centers of high and
20    increasing populations and population densities comprised,
21    in part, of lower-income families.
22        (4) Due, in part, to increasing population densities,
23    the deterioration of infrastructure, such as parks, and

 

 

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1    fiscal constraints, these municipalities have been
2    challenged to offer residents opportunities to enhance the
3    quality of their lives.
4        (5) Due to the scarcity of full service supermarkets
5    and farmer's markets within these municipalities,
6    municipal residents often suffer from a shortage of fresh
7    fruits and vegetables.
8        (6) The shortages of recreational opportunities and
9    sources of fresh fruits and vegetables have contributed to
10    alarming increases in childhood obesity and other adverse
11    health consequences for municipal residents.
12        (7) It would be beneficial to enlist nonprofit
13    corporation or associations to develop these properties
14    for a range of public purposes that could enhance the
15    recreational, educational, and nutritional needs of local
16    residents.
17        (8) Authorization for municipalities to lease and sell
18    vacant land to nonprofit entities to cultivate these lands
19    can provide both recreational opportunities and a source
20    of fresh, locally-grown fruits and vegetables for local
21    residents.
22        (9) The nonprofit cultivation of previously vacant
23    land by nonprofit entities is a public purpose for which
24    the long term lease and sale of these properties, and
25    exemption from property taxation, is warranted, even in
26    those instances when produce is sold to further the

 

 

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1    mission of these nonprofit corporations or associations.
2    (b) A leasehold for a term not in excess of 50 years may be
3made with a nonprofit corporation or association and extended
4for an additional 25 years by ordinance or resolution
5thereafter for any purpose described under subsection (a),
6including, but not limited to:
7        (1) The cultivation or use of vacant lots for
8    gardening or recreational purposes.
9        (2) The lease of a tract of land of less than 5 acres
10    to sell fresh fruits and vegetables. Any lease entered
11    into pursuant to this paragraph may permit the nonprofit
12    corporation or association to sell fresh fruits and
13    vegetables on the leased land, off the leased land, or
14    both, provided, that the sales are related and incidental
15    to the nonprofit purposes of the corporation or
16    association and the net proceeds received by the nonprofit
17    corporation or association are used to further the
18    nonprofit purposes of the corporation or association.
19    (c) When the city council of a municipality determines
20that all or any part of a municipal-owned tract of land, with
21or without improvements, is not then needed for municipal
22purposes, the city council may, by resolution or ordinance,
23authorize a private sale and conveyance of the same, or any
24part thereof, for nominal consideration without compliance
25with any other law governing disposal of lands by
26municipalities requiring adequate consideration. Such

 

 

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1conveyance shall contain a limitation that the lands or
2buildings shall be used only for the purposes of such
3organization or association, and to render such services or to
4provide such facilities as may be agreed upon and, if said
5lands or buildings are not used in accordance with the
6limitation, title shall revert back to the municipality
7without any entry or reentry made on the property on behalf of
8the municipality.
9    Whenever a sale of property is proposed pursuant to this
10subsection, the municipality shall give at least 10 days'
11notice of such sale prior to a public hearing where an
12ordinance or resolution approving the sale is adopted.
13    (d) If the nonprofit organization or association uses the
14property leased or purchased under this Section for the
15cultivation and sale of fresh fruits and vegetables on a tract
16of land of less than 5 acres, the nonprofit organization or
17association may not be controlled, directly or indirectly, by
18any agricultural, commercial, or other business. The nonprofit
19organization or association is authorized to sell fresh fruits
20and vegetables either on the land that was leased or conveyed,
21off that land, or both, and the sales must be related and
22incidental to the nonprofit purposes of the organization or
23association and the net proceeds received by the nonprofit
24organization or association must be used to further the
25nonprofit purposes of the organization or association.
26    (e) Property leased or conveyed under this Section is

 

 

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1exempt from property taxation under under the Property Tax
2Code if the property is actually used for the cultivation and
3sale of fresh fruits and vegetables and owned by a nonprofit
4organization or association that includes among its principal
5purposes the cultivation and sale of fresh fruits and
6vegetables.