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Sen. Rachel Ventura
Filed: 5/3/2024
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1 | | AMENDMENT TO SENATE BILL 2651
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2651 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Counties Code is amended by changing |
5 | | Sections 5-1049.2 and 5-30004 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. |
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1 | | (b) Notwithstanding subsection (a), upon three-fourths |
2 | | vote, by the full county board, the county board may lease |
3 | | farmland acquired or held by the county for any term not |
4 | | exceeding 5 years. Farmland may be leased to either public or |
5 | | private entities via a cash lease, crop-sharing arrangement, |
6 | | or custom farming arrangement. The bid process for a lease |
7 | | entered into under this subsection must be publicly advertised |
8 | | and sealed bids must be opened at a county board meeting for |
9 | | public review. Counties shall not acquire farmland for the |
10 | | sole purpose of entering into a cash lease, crop-sharing |
11 | | arrangement, or custom farming arrangement or other |
12 | | speculative purpose. |
13 | | (c) The lease of real estate is also permitted when a |
14 | | property, structure, or facility owned by the county can be |
15 | | used for athletic purposes or museum purposes in the interest |
16 | | of the public or for the benefit and enjoyment of residents of |
17 | | the county. |
18 | | (Source: P.A. 103-415, eff. 8-4-23.) |
19 | | (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004) |
20 | | Sec. 5-30004. Authority to protect and preserve landmarks |
21 | | and preservation districts. The county board of each county |
22 | | shall have the following authority: |
23 | | (1) to establish and appoint by ordinance a |
24 | | preservation study committee and to take any reasonable |
25 | | temporary actions to protect potential landmarks and |
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1 | | preservation districts during the term of an appointed |
2 | | preservation study committee; |
3 | | (2) to establish and appoint by ordinance a |
4 | | preservation commission upon recommendation of a |
5 | | preservation study committee; |
6 | | (3) to conduct an ongoing survey of the county to |
7 | | identify buildings, structures, areas, sites and |
8 | | landscapes that are of historic, archaeological, |
9 | | architectural, or scenic significance, and therefore |
10 | | potential landmarks or preservation districts; |
11 | | (4) to designate by ordinance landmarks and |
12 | | preservation districts upon the recommendation of a |
13 | | preservation commission and to establish a system of |
14 | | markers, plaques or certificates for designated landmarks |
15 | | and preservation districts; |
16 | | (5) to prepare maps showing the location of landmarks |
17 | | and preservation districts, publish educational |
18 | | information, and prepare educational programs concerning |
19 | | landmarks and preservation districts and their designation |
20 | | and protection; |
21 | | (6) to exercise any of the powers and authority in |
22 | | relation to regional planning and zoning granted counties |
23 | | by Divisions 5-12 and 5-14, for the purpose of protecting, |
24 | | preserving, and continuing the use of landmarks and |
25 | | preservation districts; |
26 | | (7) to nominate landmarks and historic districts to |
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1 | | any state or federal registers of historic places; |
2 | | (8) to appropriate and expend funds to carry out the |
3 | | purposes of this Division; |
4 | | (9) to review applications for construction, |
5 | | alteration, removal or demolition affecting landmarks or |
6 | | property within preservation districts; |
7 | | (10) to acquire by negotiated purchase any interest |
8 | | including conservation rights in landmarks or in property |
9 | | within preservation districts, or property immediately |
10 | | adjacent to or surrounding landmarks or preservation |
11 | | districts; |
12 | | (11) to apply for and accept any gift, grant or |
13 | | bequest from any private or public source, including |
14 | | agencies of the federal or State government, for any |
15 | | purpose authorized by this Division; |
16 | | (12) to establish a system for the transfer of |
17 | | development rights including, as appropriate, a mechanism |
18 | | for the deposit of development rights in a development |
19 | | rights bank, and for the transfer of development rights |
20 | | from that development rights bank in the same manner as |
21 | | authorized for municipalities by Section 11-48.2-2 of the |
22 | | Illinois Municipal Code. All receipts arising from the |
23 | | transfer shall be deposited in a special county account to |
24 | | be applied against expenditures necessitated by the county |
25 | | program for the designation and protection of landmarks |
26 | | and preservation districts. Any development rights |
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1 | | acquired, sold or transferred from a development rights |
2 | | bank, shall not be a "security" as that term is defined in |
3 | | Section 2.1 of the Illinois Securities Law of 1953, and |
4 | | shall be exempt from all requirements for the registration |
5 | | of securities ; . |
6 | | (13) to establish a loan or grant program from any |
7 | | source of funds for designated landmarks and preservation |
8 | | districts and to issue interest bearing revenue bonds or |
9 | | general obligation bonds pursuant to ordinance enacted by |
10 | | the county board, after compliance with requirements for |
11 | | referendum, payable from the revenues to be derived from |
12 | | the operation of any landmark or of any property within a |
13 | | preservation district; |
14 | | (14) to abate real property taxes on any landmark or |
15 | | property within a preservation district to encourage its |
16 | | preservation and continued use or to provide relief for |
17 | | owners unduly burdened by designation; |
18 | | (15) to advise and assist owners of landmarks and |
19 | | property within preservation districts on physical and |
20 | | financial aspects of preservation, renovation, |
21 | | rehabilitation, and reuse; |
22 | | (16) to advise cities, villages, or incorporated |
23 | | towns, upon request of the appropriate official of the |
24 | | municipality, concerning enactment of ordinances to |
25 | | protect landmarks or preservation districts; |
26 | | (17) to exercise within the boundaries of any city, |
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1 | | village, or incorporated town any of the powers and |
2 | | authority granted counties by this Division so long as the |
3 | | corporate authorities by ordinance or by intergovernmental |
4 | | agreement pursuant to the Intergovernmental Cooperation |
5 | | Act, or pursuant to Article VII, Section 10 of the |
6 | | Constitution of the State of Illinois have authorized the |
7 | | county preservation commission established by authority of |
8 | | this Division to designate landmarks or preservation |
9 | | districts within its corporate boundaries, and such county |
10 | | preservation commission shall have only those powers, |
11 | | duties, and legal authority provided in this Division; |
12 | | (18) to exercise any of the above powers to preserve |
13 | | and protect property owned by any unit of local government |
14 | | including counties, or to review alteration, construction, |
15 | | demolition, or removal undertaken by any unit of local |
16 | | government including counties that affect landmarks and |
17 | | preservation districts ; . |
18 | | (19) to maintain, restore, rehabilitate, beautify, or |
19 | | adaptively reuse places of architectural significance, |
20 | | historic significance, scenic significance, or land along |
21 | | scenic byways and to lease or license county-held property |
22 | | to public or private entities for not longer than 99 years |
23 | | for such purposes. The maintenance, restoration, |
24 | | rehabilitation, beautification, and adaptive reuse of |
25 | | places of architectural significance, historic |
26 | | significance, scenic significance, or land along scenic |
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1 | | byways is declared to be a public use. In this paragraph, |
2 | | "adaptive reuse" includes adaptation of the property for |
3 | | any use that does not materially detract from the |
4 | | architectural, historic, aesthetic, cultural, or scenic |
5 | | significance of the place. |
6 | | (20) (19) to exercise any other power or authority |
7 | | necessary or appropriate to carrying out the purposes of |
8 | | this Division, including those powers and authorities |
9 | | listed in Sections 5-30010 and 5-30011. |
10 | | (Source: P.A. 101-81, eff. 7-12-19.) |
11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law.". |