Full Text of HB5078 103rd General Assembly
HB5078sam002 103RD GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/25/2024 | | 10300HB5078sam002 | | LRB103 38280 JDS 74179 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5078
| 2 | | AMENDMENT NO. ______. Amend House Bill 5078, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "ARTICLE 5 | 6 | | Section 5-5. Definitions. As used in this Act: | 7 | | "Corporate authorities" means the corporate authorities of | 8 | | Tinley Park - Park District. | 9 | | "Department" means the Department of Central Management | 10 | | Services. | 11 | | "Director" means the Director of Central Management | 12 | | Services. | 13 | | "TPPD" means the Tinley Park - Park District, a body | 14 | | corporate and politic of Cook and Will Counties, Illinois. | 15 | | Section 5-10. Tinley Park Mental Health Center and the |
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| 1 | | Howe Developmental Center. Pursuant to the provisions and | 2 | | subject to all of the terms and conditions of this Act, the | 3 | | Director, on behalf of the State of Illinois, is authorized to | 4 | | execute and deliver to TPPD, for and in consideration of $1 | 5 | | paid to the Department, a quitclaim deed to the following | 6 | | described real property and a quitclaim bill of sale to all the | 7 | | existing tangible personal property on the real property, and | 8 | | such ancillary documents as the Department deems appropriate, | 9 | | for fully and properly effectuating a transfer to TPPD of the | 10 | | title to the Tinley Park Mental Health Center and Howe | 11 | | Developmental Center, described as follows: | 12 | | PARCEL 1 | 13 | | THAT PART OF SECTION 36, TOWNSHIP 36 NORTH, RANGE 12 EAST | 14 | | OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE | 15 | | SOUTHERLY LINE OF THE CHICAGO, ROCK ISLAND AND PACIFIC | 16 | | RAILROAD, | 17 | | [EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: | 18 | | THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID | 19 | | SECTION 36 LYING SOUTH OF THE CENTERLINE OF THE NORTH | 20 | | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; ALSO THAT | 21 | | PART OF THE SOUTH 46 ACRES OF THE EAST HALF OF THE | 22 | | SOUTHWEST QUARTER OF SAID SECTION 36, LYING SOUTH AND WEST |
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| 1 | | OF THE CENTERLINE OF THE NORTH BRANCH OF THE FLOSSMOOR | 2 | | ROAD DRAINAGE DITCH; | 3 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 4 | | FOLLOWS: | 5 | | THAT PART OF THE WEST 1900 FEET OF THE SOUTHWEST QUARTER OF | 6 | | SAID SECTION 36 LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF | 7 | | WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD | 8 | | (COMMONLY KNOWN AS THE METRA LINE) AND LYING NORTHERLY OF | 9 | | THE CENTERLINE OF THE NORTHERN TRIBUTARY TO THE UNION | 10 | | DRAINAGE DITCH; | 11 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 12 | | FOLLOWS: | 13 | | THAT PART OF THE WEST 1900 FEET OF THE NORTHWEST QUARTER OF | 14 | | SAID SECTION 36 LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF | 15 | | WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD | 16 | | (COMMONLY KNOWN AS THE METRA LINE); | 17 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 18 | | FOLLOWS: | 19 | | THAT PART OF THE SOUTH HALF OF SAID SECTION 36, DESCRIBED | 20 | | AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID |
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| 1 | | SECTION 36; THENCE EAST 573.67 FEET ALONG THE SOUTH LINE | 2 | | OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 36; THENCE | 3 | | NORTH 859.00 FEET ALONG A LINE PERPENDICULAR TO THE | 4 | | AFORESAID SOUTH LINE; THENCE WEST 171.00 FEET; THENCE | 5 | | NORTH 320.50 FEET; THENCE EAST 171.00 FEET; THENCE NORTH | 6 | | 527.71 FEET; THENCE NORTH 66 DEGREES 16 MINUTES 51 SECONDS | 7 | | WEST 843.97 FEET; THENCE NORTH 28 DEGREES 39 MINUTES 16 | 8 | | SECONDS WEST 589.16 FEET; THENCE SOUTH 60 DEGREES 58 | 9 | | MINUTES 55 SECONDS WEST 279.95 FEET; THENCE SOUTH ALONG A | 10 | | LINE PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST | 11 | | QUARTER OF THE AFORESAID SECTION 36, 2427.91 FEET TO SAID | 12 | | SOUTH LINE; THENCE EAST 726.33 FEET TO THE POINT OF | 13 | | BEGINNING; | 14 | | ALSO EXCEPTING THEREFROM THAT PORTION DEDICATED FOR PUBLIC | 15 | | ROADWAY BY PLAT OF DEDICATION RECORDED AS DOCUMENT | 16 | | 0633315190. DESCRIBED AS FOLLOWS: | 17 | | COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36: | 18 | | THENCE WESTERLY ON AN ASSUMED BEARING OF SOUTH 89 DEGREES | 19 | | 07 MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF THE | 20 | | SOUTH HALF OF SAID SECTION 36, A DISTANCE OF 70 FEET TO THE | 21 | | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 07 | 22 | | MINUTES 36 SECONDS WEST ALONG THE LAST DESCRIBED LINE A | 23 | | DISTANCE OF 3446.28 FEET TO THE CENTERLINE OF THE NORTH | 24 | | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; THENCE NORTH |
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| 1 | | 57 DEGREES 00 MINUTES 02 SECONDS EAST ALONG SAID | 2 | | CENTERLINE A DISTANCE OF 94.02 FEET TO A POINT ON A LINE | 3 | | DRAWN 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF | 4 | | SAID SECTION 36; THENCE NORTH 89 DEGREES 07 MINUTES 35 | 5 | | SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF | 6 | | 3296.21 FEET TO A POINT; THENCE NORTH 43 DEGREES 52 | 7 | | MINUTES 32 SECONDS EAST, A DISTANCE OF 98.61 FEET TO A | 8 | | POINT ON THE WEST LINE OF THE EAST 70 FEET OF AFORESAID | 9 | | SECTION 36; THENCE SOUTH 01 DEGREES 22 MINUTES 32 SECONDS | 10 | | EAST ALONG SAID WEST LINE OF THE EAST 70 FEET, A DISTANCE | 11 | | OF 120 FEET TO THE POINT OF BEGINNING; | 12 | | ALSO EXCEPTING THEREFROM THAT PORTION FALLING WITHIN | 13 | | HARLEM AVENUE AS WIDENED], IN COOK COUNTY, ILLINOIS. | 14 | | PARCEL 2 | 15 | | THAT PART OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 36 | 16 | | NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, | 17 | | DESCRIBED AS FOLLOWS: | 18 | | BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; | 19 | | THENCE EAST 573.67 FEET ALONG THE SOUTH LINE OF THE | 20 | | SOUTHEAST QUARTER OF AFORESAID SECTION 36; THENCE NORTH | 21 | | 859.00 FEET ALONG A LINE PERPENDICULAR TO THE AFORESAID | 22 | | SOUTH LINE; THENCE WEST 171.00 FEET; THENCE NORTH 320.50 |
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| 1 | | FEET; THENCE EAST 171.00 FEET; THENCE NORTH 527.71 FEET; | 2 | | THENCE NORTH 66 DEGREES 16 MINUTES 51 SECONDS WEST 843.97 | 3 | | FEET; THENCE NORTH 28 DEGREES 39 MINUTES 16 SECONDS WEST | 4 | | 589.16 FEET; THENCE SOUTH 60 DEGREES 58 MINUTES 55 SECONDS | 5 | | WEST 279.95 FEET; THENCE SOUTH ALONG A LINE PERPENDICULAR | 6 | | TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE | 7 | | AFORESAID SECTION 36, 2427.91 FEET TO SAID SOUTH LINE; | 8 | | THENCE EAST 726.33 FEET TO THE POINT OF BEGINNING; | 9 | | [EXCEPTING THEREFROM THAT PORTION LYING SOUTH AND WEST OF | 10 | | THE CENTERLINE OF THE NORTH BRANCH OF THE FLOSSMOOR ROAD | 11 | | DRAINAGE DITCH; | 12 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 13 | | FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID | 14 | | SECTION 36; THENCE WEST ALONG THE SOUTH LINE OF SAID | 15 | | SECTION 36, 2237.39 FEET; THENCE NORTH 00 DEGREES 00 | 16 | | MINUTES WEST, ALONG A LINE PERPENDICULAR TO SAID SOUTH | 17 | | LINE 50.00 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE | 18 | | OF 183RD STREET; THENCE CONTINUING NORTH 00 DEGREES 00 | 19 | | MINUTES WEST 124.75 FEET; THENCE NORTH 33 DEGREES 04 | 20 | | MINUTES WEST 99.70 FEET; THENCE NORTH 72 DEGREES 25 | 21 | | MINUTES 40 SECONDS WEST 105.00 FEET; THENCE NORTH 90 | 22 | | DEGREES WEST 139.51 FEET; THENCE SOUTH 00 DEGREES 00 | 23 | | MINUTES EAST 240 FEET; THENCE EAST 294.01 FEET TO THE | 24 | | POINT OF BEGINNING; |
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| 1 | | AND ALSO EXCEPTING THEREFROM THAT PORTION FALLING WITHIN | 2 | | THE FOLLOWING DESCRIBED LAND WHICH WAS DEDICATED FOR | 3 | | PUBLIC ROADWAY BY PLAT OF DEDICATION RECORDED AS DOCUMENT | 4 | | 0633315190, DESCRIBED AS FOLLOWS: | 5 | | COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; | 6 | | THENCE WESTERLY ON AN ASSUMED BEARING OF SOUTH 89 DEGREES | 7 | | 07 MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF THE | 8 | | SOUTH HALF OF SAID SECTION 36, A DISTANCE OF 70 FEET TO THE | 9 | | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 07 | 10 | | MINUTES 36 SECONDS WEST ALONG THE LAST DESCRIBED LINE A | 11 | | DISTANCE OF 3446.28 FEET TO THE CENTERLINE OF THE NORTH | 12 | | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; THENCE NORTH | 13 | | 57 DEGREES 00 MINUTES 02 SECONDS EAST ALONG SAID | 14 | | CENTERLINE A DISTANCE OF 94.02 FEET TO A POINT ON A LINE | 15 | | DRAWN 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF | 16 | | SAID SECTION 36; THENCE NORTH 89 DEGREES 07 MINUTES 35 | 17 | | SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF | 18 | | 3296.21 FEET TO A POINT; THENCE NORTH 43 DEGREES 52 | 19 | | MINUTES 32 SECONDS EAST, A DISTANCE OF 98.61 FEET TO A | 20 | | POINT ON THE WEST LINE OF THE EAST 70 FEET OF AFORESAID | 21 | | SECTION 36; THENCE SOUTH 01 DEGREES 22 MINUTES 32 SECONDS | 22 | | EAST ALONG SAID WEST LINE OF THE EAST 70 FEET, A DISTANCE | 23 | | OF 120 FEET TO THE POINT OF BEGINNING] IN COOK COUNTY, | 24 | | ILLINOIS. |
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| 1 | | Section 5-15. Transfer to TPPD. | 2 | | (a) The corporate authorities of the TPPD, situated in | 3 | | Cook and Will Counties, have determined that it is in the best | 4 | | interest of TPPD and its residents to acquire the presently | 5 | | unoccupied and unused combined campuses of the Tinley Park | 6 | | Mental Health Center and Howe Developmental Center, | 7 | | hereinafter referred to collectively as the Combined Campuses, | 8 | | including not only the land but also the several dozen | 9 | | existing structures, the existing utility facilities and other | 10 | | improvements above, at or below grade level, and all existing | 11 | | tangible personal property there, which Combined Campuses are | 12 | | presently owned by the State of Illinois, and for TPPD to | 13 | | pursue a redevelopment of that property. | 14 | | (b) Notwithstanding any other law of the State of Illinois | 15 | | to the contrary, the Director is authorized under this Act to | 16 | | sell all right, title, and interest of the State of Illinois in | 17 | | and to the Combined Campuses for $1 and such other terms and | 18 | | conditions in the quitclaim deed, the quitclaim bill of sale, | 19 | | and ancillary documents that the Director deems appropriate, | 20 | | with such sale occurring pursuant to a Purchase and Sale | 21 | | Agreement prepared by the Department. The conveyance of the | 22 | | Property authorized by this Act shall be made subject to | 23 | | existing public roads, existing rights of public utilities, | 24 | | existing rights of the public or quasipublic utilities, and | 25 | | any and all reservations, easements, encumbrances, covenants, |
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| 1 | | agreements, and restrictions of record. | 2 | | (c) Each of the documents of transfer shall state on its | 3 | | face and be subject to the conditions that the Property (i) | 4 | | shall be used for public purposes only, including recreation | 5 | | and conservation, and (ii) shall not be used for the purpose of | 6 | | gambling authorized by the Illinois Horse Racing Act of 1975 | 7 | | or the Illinois Gambling Act, and the documents of transfer | 8 | | shall each contain a reverter clause providing, in language | 9 | | prepared by and acceptable to the Department, that title to | 10 | | the Property shall revert, without further action, to the | 11 | | State of Illinois if: | 12 | | (1) the Property is used for any purpose other than a | 13 | | public purpose; | 14 | | (2) an attempt is made to sell the Property or convey | 15 | | or donate the Property in any manner whatsoever; or | 16 | | (3) TPPD or any of its agents allow the property to be | 17 | | used for the purpose of gambling authorized by the | 18 | | Illinois Horse Racing Act of 1975 or the Illinois Gambling | 19 | | Act. | 20 | | Section 5-20. Execution by TPPD; document recording. The | 21 | | transfer of title authorized under this Act shall be by | 22 | | quitclaim deed and quitclaim bill of sale, which shall be | 23 | | prepared by the Department so that the transfer is on an "AS | 24 | | IS", "WHERE IS", and "WITH ALL FAULTS" basis as of the date of | 25 | | sale, without any representation by the State of Illinois to |
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| 1 | | TPPD, or any persons and entities whatsoever, as to Property's | 2 | | condition or fitness for any purpose. Both the deed and bill of | 3 | | sale shall be executed by TPPD as grantee in order to confirm | 4 | | the TPPD's undertakings to abide by the requirements in this | 5 | | Act and TPPD's agreement to timely and fully perform its | 6 | | obligations as set forth in this Act. All documents of | 7 | | transfer shall be recorded in the county in which the Property | 8 | | is located. | 9 | | ARTICLE 10 | 10 | | Section 10-5. The Capital Development Board Act is amended | 11 | | by adding Section 10.20 as follows: | 12 | | (20 ILCS 3105/10.20 new) | 13 | | Sec. 10.20. Local regulation of State facilities. | 14 | | (a) Notwithstanding any other provision of law, no | 15 | | ordinance of a unit of local government shall be enforced | 16 | | against the construction, reconstruction, improvement, or | 17 | | installation of a State facility. A unit of local government | 18 | | shall not require payment of permitting fees or require permit | 19 | | inspections for the construction, reconstruction, improvement, | 20 | | or installation of any State facility. | 21 | | (b) The Board shall, to the fullest extent practicable, | 22 | | coordinate with local utilities regarding utility connection | 23 | | requirements and procedures. |
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| 1 | | (c) Before undertaking any activity involving the | 2 | | construction, reconstruction, improvement, or installation of | 3 | | any State facility, the Board shall, to the fullest extent | 4 | | practicable, coordinate and consult with the units of local | 5 | | government that are responsible for providing fire protection | 6 | | services to that State facility in order to ensure that fire | 7 | | protection services can be provided by the unit of local | 8 | | government to the State facility in the most effective manner. | 9 | | (d) Nothing in this Section shall relieve the Board from | 10 | | compliance with any State or federal mandate. This Section | 11 | | does not relieve the Board from the obligation to compensate | 12 | | units of local governments for fair and reasonable connection | 13 | | or impact costs that (i) conform to industry standards or (ii) | 14 | | are consistent with similar costs that are applied to private, | 15 | | non-governmental capital projects. | 16 | | (e) This Section applies to the construction, | 17 | | reconstruction, improvement and installation of State | 18 | | facilities that is ongoing on the effective date of this | 19 | | amendatory Act of the 103rd General Assembly and to all | 20 | | projects that begin on or after the effective date of this | 21 | | amendatory Act of the 103rd General Assembly. | 22 | | (f) A home rule unit may not regulate the construction, | 23 | | reconstruction, improvement, or installation of a State | 24 | | facility in a manner that is inconsistent with this Section. | 25 | | This Section is a limitation under subsection (i) of Section 6 | 26 | | of Article VII of the Illinois Constitution on the concurrent |
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| 1 | | exercise by home rule units of powers and functions exercised | 2 | | by the State. | 3 | | (g) As used in this Section: | 4 | | "Fair and reasonable connection or impact costs" means | 5 | | demonstrated costs incurred by the unit of local government | 6 | | that directly result from the Board's use of or impact on local | 7 | | infrastructure. | 8 | | "State facility" means any capital project under the | 9 | | authority of the Capital Development Board. | 10 | | ARTICLE 15 | 11 | | Section 15-5. The Capital Development Board Act is amended | 12 | | by changing Section 10.19 as follows: | 13 | | (20 ILCS 3105/10.19) | 14 | | Sec. 10.19. Local regulation of remediation, | 15 | | redevelopment, and improvements of inoperable State | 16 | | facilities. | 17 | | (a) Notwithstanding any other provision of law, an | 18 | | ordinance of a unit of local government may not be enforced | 19 | | against the remediation, redevelopment, or improvement of an | 20 | | inoperable State facility conveyed to a unit of local | 21 | | government for a recreational public purpose if the ordinance | 22 | | prohibits, restricts, or limits the remediation, | 23 | | redevelopment, or improvement of the inoperable State facility |
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| 1 | | for a recreational public purpose. A unit of local government | 2 | | may not require payment of permitting fees or any other fees or | 3 | | require permit inspections for the remediation, redevelopment, | 4 | | or improvement of an inoperable State facility conveyed to a | 5 | | unit of local government for the purpose of remediation, | 6 | | redevelopment, or improvement for a recreational public | 7 | | purpose. | 8 | | (b) This Section applies to remediation, redevelopment, or | 9 | | improvement projects that are ongoing on the effective date of | 10 | | this amendatory Act of the 103rd General Assembly and to all | 11 | | projects started on or after the effective date of this | 12 | | amendatory Act of the 103rd General Assembly. | 13 | | (c) A home rule unit may not regulate remediation, | 14 | | redevelopment, or improvement of an inoperable State facility | 15 | | conveyed to a unit of local government for a recreational | 16 | | public purpose in a manner inconsistent with this Section. | 17 | | This Section is a limitation under subsection (i) of Section 6 | 18 | | of Article VII of the Illinois Constitution on the concurrent | 19 | | exercise by home rule units of powers and functions exercised | 20 | | by the State. | 21 | | (Source: P.A. 103-573, eff. 12-8-23.) | 22 | | ARTICLE 99 | 23 | | Section 99-99. Effective date. This Act takes effect upon | 24 | | becoming law.". |
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