Full Text of SB2555 100th General Assembly
SB2555 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2555 Introduced 2/6/2018, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Agricultural Areas Conservation and Protection Act. Provides that an agricultural area, at the creation of any such area, shall not be less than 350 acres in all counties with a population under 100,000 (rather than (600,000) and not less than 100 acres in all counties with a population of 100,000 (rather than (600,000) or more. Provides that all land within an agricultural area will be primarily used for agricultural production, and shall be assessed as part of a farm, as defined in the Property Tax Code. Provides that any resident or landowner (rather than person) may submit a petition to the county board requesting the withdrawal of land from an agricultural area located within the county in which he or she lives or owns land. Provides that the county board may collect a fee from owners of land that is removed from an agricultural area before the end of the current review period. Provides that the county board may collect a fee in an amount not to exceed 3 times the difference between the amount of property taxes collected from removed land during the review period under farmland assessment and the amount of property taxes that would have been collected during the full review period under non-farmland assessment. Provides that lands within agricultural areas designated by a county board under the Act shall qualify as preservation districts and individual properties within agriculture districts shall qualify as landmarks, as those terms are defined in the Counties Code. Makes other technical changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Agricultural Areas Conservation and | 5 | | Protection Act is amended by changing Sections 3.07, 5, 9, 12, | 6 | | 15, and 17 and by adding Section 20.4 as follows:
| 7 | | (505 ILCS 5/3.07) (from Ch. 5, par. 1003.07)
| 8 | | Sec. 3.07. County board. "County board Board " means the | 9 | | county board of any county in this
State except those counties | 10 | | with a population of 1 million or more .
| 11 | | (Source: P.A. 81-1173.)
| 12 | | (505 ILCS 5/5) (from Ch. 5, par. 1005)
| 13 | | Sec. 5. Agricultural areas Areas ; Creation. Any owner or | 14 | | owners of land may submit
a proposal to the county board for | 15 | | the creation of an agricultural area
within such county. An | 16 | | agricultural area, at the creation of any such area,
shall not | 17 | | be less than 350 acres in all counties with a population under | 18 | | 100,000
600,000 and not less than 100 acres in all counties | 19 | | with a population of 100,000
600,000 or more. Such proposal | 20 | | shall include a
description
of the proposed area, including the | 21 | | boundaries thereof.
Such territory shall
be as compact and | 22 | | nearly contiguous as feasible. If any portion of the proposed |
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| 1 | | area is not contiguous to another portion of the proposed area, | 2 | | that non-contiguous portion must be no more than 1.5 miles from | 3 | | the nearest other portion of the proposed area as measured | 4 | | between the closest boundaries of the 2 portions. An area | 5 | | created under this
Act shall be established for a period of ten | 6 | | years. No land shall be included
in an agricultural area | 7 | | without the consent of the owner. No land within
an | 8 | | agricultural area shall be used for other than agricultural | 9 | | production
as described in Sections 3.01 and 3.02 of this Act. | 10 | | All land within an agricultural area will be primarily used for | 11 | | agricultural production, and shall be assessed as part of a | 12 | | farm, as that term is defined in Section 1-60 of the Property | 13 | | Tax Code. Agreements for the
extraction of mineral resources | 14 | | duly agreed upon prior to the creation of
an agricultural area | 15 | | shall be exempted from the use provisions of this
Section. In | 16 | | addition, the extraction of mineral resources conducted
| 17 | | pursuant to the Surface Coal Mining Land Conservation and | 18 | | Reclamation Act
shall be considered temporary land use and | 19 | | shall be exempted from the use
provisions of this Section.
| 20 | | (Source: P.A. 93-234, eff. 7-22-03; 94-444, eff. 1-1-06.)
| 21 | | (505 ILCS 5/9) (from Ch. 5, par. 1009)
| 22 | | Sec. 9. Municipality notification. If the proposed | 23 | | agricultural area includes real estate within
a 1 1/2 mile | 24 | | radius from the corporate limits of any municipality, the | 25 | | county
board shall notify the municipal authorities of such |
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| 1 | | affected municipality
of this proposed area. Such municipal | 2 | | authorities may object to the proposal
if such objection is | 3 | | presented to the county board within 30 days of the
receipt of | 4 | | the proposal by the municipal authorities. Upon receipt of such
| 5 | | objection by the county board, the county board shall consider | 6 | | the objection, and in its discretion, modify the proposed area | 7 | | shall be modified to exclude
the real estate within the 1 1/2 | 8 | | mile radius of the corporate limits of
such municipality. If no | 9 | | objection is received within the specified time
period, the | 10 | | affected real estate shall be included in the agricultural | 11 | | area.
| 12 | | (Source: P.A. 81-1173.)
| 13 | | (505 ILCS 5/12) (from Ch. 5, par. 1012)
| 14 | | Sec. 12. Petition for withdrawal Withdrawal . Any resident | 15 | | or landowner person may submit a petition to the
county board | 16 | | requesting the withdrawal of land from an the agricultural area
| 17 | | located within the that county in which he or she lives or owns | 18 | | land . Such petition must contain:
| 19 | | (1) 1. A statement indicating the proposed alternative use | 20 | | of the land.
| 21 | | (2) 2. An explanation of the necessity for changing the | 22 | | current use.
| 23 | | (3) 3. An explanation why land outside the agricultural | 24 | | area would not be
suitable for proposed use.
| 25 | | (Source: P.A. 81-1173.)
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| 1 | | (505 ILCS 5/15) (from Ch. 5, par. 1015)
| 2 | | Sec. 15. Withdrawal of land Land from an agricultural area | 3 | | Agricultural Area . | 4 | | (a) 1. Within 90 days
after the receipt of a petition for | 5 | | withdrawal of land from an agricultural
area, the county board | 6 | | shall accept or reject the petition in a written
decision. The | 7 | | county board's decision shall take into account the review
and | 8 | | comment of the county committee, the regional and county | 9 | | planning
commissions, if any, and the public hearings held | 10 | | concerning the petition.
The county board shall notify the | 11 | | Department of Agriculture of any land
withdrawn from an | 12 | | agricultural area within 45 days of taking such action.
| 13 | | (b) 2. The county board must consider the factors included | 14 | | in Section 8 of
this Act in making its decision. Analysis of | 15 | | such factors must be included
in the county board's decision.
| 16 | | (c) 3. If there remains less than the minimum required | 17 | | acreage 350 acres in the agricultural area
following a | 18 | | withdrawal of land, the petition for withdrawal shall not be | 19 | | acted upon until the end of the current review period under | 20 | | Section 16 of this Act, at which time the area designation | 21 | | shall cease to exist.
| 22 | | (d) 4. Any person adversely affected by a decision of the | 23 | | county board on
a petition of withdrawal of land from an | 24 | | agricultural area may obtain
judicial review by filing a | 25 | | petition for review within 35 days after the
decision, pursuant |
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| 1 | | to the provisions of the Administrative Review Law,
as amended, | 2 | | and the rules adopted pursuant thereto.
| 3 | | (e) The county board may collect a fee from owners of land | 4 | | that is removed from an agricultural area before the end of the | 5 | | current review period. The county board may collect a fee in an | 6 | | amount not to exceed 3 times the difference between the amount | 7 | | of property taxes collected from removed land during the review | 8 | | period under farmland assessment and the amount of property | 9 | | taxes that would have been collected during the full review | 10 | | period under non-farmland assessment. The county board may | 11 | | collect this fee before the withdrawal of land from an | 12 | | agricultural area is completed. | 13 | | (Source: P.A. 84-456.)
| 14 | | (505 ILCS 5/17) (from Ch. 5, par. 1017)
| 15 | | Sec. 17. Petition for dissolution Dissolution . Owners Ten | 16 | | years after the date of creation
of any agricultural area, | 17 | | owners of land within such area may petition the
county board | 18 | | to dissolve the area or the 8th anniversary of the renewal of | 19 | | the area . Such petition must be submitted in writing
to the | 20 | | county board during the 120 day period immediately prior to the | 21 | | 10th
anniversary of the creation of the area. Should the | 22 | | petition contain
signatures of at least two-thirds of the | 23 | | landowners, their heirs, assigns
or representatives, owning | 24 | | land within the area, the area shall be
dissolved. The county | 25 | | board shall notify the Department of Agriculture of
the |
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| 1 | | dissolution of any agricultural area within 45 days of taking | 2 | | such action.
| 3 | | (Source: P.A. 84-456.)
| 4 | | (505 ILCS 5/20.4 new) | 5 | | Sec. 20.4. Preservation districts and landmarks. Lands | 6 | | within agricultural areas designated by a county board under | 7 | | this Act shall qualify as preservation districts and individual | 8 | | properties within agriculture districts shall qualify as | 9 | | landmarks, as those terms are defined in Section 5-30003 of the | 10 | | Counties Code.
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INDEX
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Statutes amended in order of appearance
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| 3 | | 505 ILCS 5/3.07 | from Ch. 5, par. 1003.07 |
| 4 | | 505 ILCS 5/5 | from Ch. 5, par. 1005 |
| 5 | | 505 ILCS 5/9 | from Ch. 5, par. 1009 |
| 6 | | 505 ILCS 5/12 | from Ch. 5, par. 1012 |
| 7 | | 505 ILCS 5/15 | from Ch. 5, par. 1015 |
| 8 | | 505 ILCS 5/17 | from Ch. 5, par. 1017 |
| 9 | | 505 ILCS 5/20.4 new | |
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