HB0770ham001 100TH GENERAL ASSEMBLY

Rep. Barbara Wheeler

Filed: 2/28/2017

10000HB0770ham001 LRB100 08390 HEP 22655 a

AMENDMENT TO HOUSE BILL 770

AMENDMENT NO. ______. Amend House Bill 770 on page 10, by replacing lines 12 through 19 with the following:

"Section 10. Conditions on transfer.

(a) The conveyances of real property authorized by Section 5 shall be made subject to: (1) existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants and restrictions of record; (2) the express condition that within one year after conveyance, the Fox Waterway Agency shall: sell the real property for no less than fair market value; use any proceeds from the sale to purchase of an alternate dredge material disposal site or sites for no more than fair market value; and transfer any proceeds remaining after the purchase of an alternate dredge material disposal site or sites to the Department of Natural Resources for deposit into the General Revenue Fund; and (3) the requirements of subsection (b) of this Section.

(b) If, after one year following the conveyances of the real property under Section 5, the Fox Waterway Agency has failed to comply with the express condition set forth in item (2) of subsection (a), the real property shall revert to the State of Illinois, Department of Natural Resources, or, if applicable, the proceeds from the sale of the conveyed property shall be immediately transferred to the Department of Natural Resources for deposit into the General Revenue Fund. If any property purchased with proceeds from the sale of the conveyed property is not used as a dredged material disposal site within 2 years following the conveyances under Section 5 or if at any time the property ceases to be used for public purposes, the Fox Waterway Agency shall convey by quitclaim deed the property to the Department of Natural Resources for $1. As used in this Section, "fair market value" means the average of 3 appraisals plus the costs of obtaining the appraisals.".