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| | SB1424 Engrossed | | LRB104 09945 RTM 20015 b |
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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 Counties Code is amended by changing |
| 5 | | Section 5-1049.2 as follows: |
| 6 | | (55 ILCS 5/5-1049.2) |
| 7 | | Sec. 5-1049.2. Lease of county property. |
| 8 | | (a) The county board may lease real estate acquired or |
| 9 | | held by the county for any term not exceeding 99 years and may |
| 10 | | lease the real estate when, in the opinion of the county board, |
| 11 | | the real estate is no longer necessary, appropriate, required |
| 12 | | for the use of, profitable to, or for the best interests of the |
| 13 | | county. The authority to lease shall be exercised by an |
| 14 | | ordinance passed by three-fourths of the full county board |
| 15 | | then holding office, at any regular meeting or at any special |
| 16 | | meeting called for that purpose. |
| 17 | | (b) Notwithstanding subsection (a), upon three-fourths |
| 18 | | vote, by the full county board, the county board may lease |
| 19 | | farmland acquired or held by the county for any term not |
| 20 | | exceeding 5 years. Farmland may be leased to either public or |
| 21 | | private entities via a cash lease, crop-sharing arrangement, |
| 22 | | or custom farming arrangement. The bid process for a lease |
| 23 | | entered into under this subsection must be publicly advertised |
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| | SB1424 Engrossed | - 2 - | LRB104 09945 RTM 20015 b |
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| 1 | | and sealed bids must be opened at a county board meeting for |
| 2 | | public review. Counties shall not acquire farmland for the |
| 3 | | sole purpose of entering into a cash lease, crop-sharing |
| 4 | | arrangement, or custom farming arrangement or other |
| 5 | | speculative purpose. |
| 6 | | (c) A county with a population of between 500,000 and |
| 7 | | 600,000 inhabitants may lease vacant real estate, structures, |
| 8 | | or facilities that are owned by the county if doing so promotes |
| 9 | | economic development, job creation, or community |
| 10 | | revitalization and does not interfere with existing public |
| 11 | | services. This subsection does not authorize the lease to the |
| 12 | | public of properties, structures, or facilities currently used |
| 13 | | for government-operated services. A lease is not permitted |
| 14 | | under this subsection if the lease may result in the |
| 15 | | elimination or privatization of existing government-operated |
| 16 | | services. The authority to enter into a lease shall be |
| 17 | | exercised by an ordinance passed by three-fourths of the full |
| 18 | | county board then holding office, at any regular meeting or at |
| 19 | | any special meeting called for that purpose. The term of a |
| 20 | | lease entered into under this subsection may not exceed 99 |
| 21 | | years. The provisions of this subsection shall become |
| 22 | | inoperative 5 years after the effective date of this |
| 23 | | amendatory Act of the 104th General Assembly. |
| 24 | | (Source: P.A. 103-415, eff. 8-4-23.) |