Full Text of SB3608 103rd General Assembly
SB3608ham001 103RD GENERAL ASSEMBLY | Rep. Joyce Mason Filed: 5/23/2024 | | 10300SB3608ham001 | | LRB103 38398 HLH 73995 a |
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| 1 | | AMENDMENT TO SENATE BILL 3608
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3608 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "ARTICLE 5 | 5 | | Section 5-5. Definitions. As used in this Act: | 6 | | "Corporate authorities" means the corporate authorities of | 7 | | Tinley Park - Park District. | 8 | | "Department" means the Department of Central Management | 9 | | Services. | 10 | | "Director" means the Director of Central Management | 11 | | Services. | 12 | | "TPPD" means the Tinley Park - Park District, a body | 13 | | corporate and politic of Cook and Will Counties, Illinois. | 14 | | Section 5-10. Tinley Park Mental Health Center and the | 15 | | Howe Developmental Center. Pursuant to the provisions and |
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| 1 | | subject to all of the terms and conditions of this Act, the | 2 | | Director, on behalf of the State of Illinois, is authorized to | 3 | | execute and deliver to TPPD, for and in consideration of $1 | 4 | | paid to the Department, a quitclaim deed to the following | 5 | | described real property and a quitclaim bill of sale to all the | 6 | | existing tangible personal property on the real property, and | 7 | | such ancillary documents as the Department deems appropriate, | 8 | | for fully and properly effectuating a transfer to TPPD of the | 9 | | title to the Tinley Park Mental Health Center and Howe | 10 | | Developmental Center, described as follows: | 11 | | PARCEL 1 | 12 | | THAT PART OF SECTION 36, TOWNSHIP 36 NORTH, RANGE 12 EAST | 13 | | OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE | 14 | | SOUTHERLY LINE OF THE CHICAGO, ROCK ISLAND AND PACIFIC | 15 | | RAILROAD, | 16 | | [EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: | 17 | | THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID | 18 | | SECTION 36 LYING SOUTH OF THE CENTERLINE OF THE NORTH | 19 | | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; ALSO THAT | 20 | | PART OF THE SOUTH 46 ACRES OF THE EAST HALF OF THE | 21 | | SOUTHWEST QUARTER OF SAID SECTION 36, LYING SOUTH AND WEST | 22 | | OF THE CENTERLINE OF THE NORTH BRANCH OF THE FLOSSMOOR |
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| 1 | | ROAD DRAINAGE DITCH; | 2 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 3 | | FOLLOWS: | 4 | | THAT PART OF THE WEST 1900 FEET OF THE SOUTHWEST QUARTER OF | 5 | | SAID SECTION 36 LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF | 6 | | WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD | 7 | | (COMMONLY KNOWN AS THE METRA LINE) AND LYING NORTHERLY OF | 8 | | THE CENTERLINE OF THE NORTHERN TRIBUTARY TO THE UNION | 9 | | DRAINAGE DITCH; | 10 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 11 | | FOLLOWS: | 12 | | THAT PART OF THE WEST 1900 FEET OF THE NORTHWEST QUARTER OF | 13 | | SAID SECTION 36 LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF | 14 | | WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD | 15 | | (COMMONLY KNOWN AS THE METRA LINE); | 16 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 17 | | FOLLOWS: | 18 | | THAT PART OF THE SOUTH HALF OF SAID SECTION 36, DESCRIBED | 19 | | AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID | 20 | | SECTION 36; THENCE EAST 573.67 FEET ALONG THE SOUTH LINE |
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| 1 | | OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 36; THENCE | 2 | | NORTH 859.00 FEET ALONG A LINE PERPENDICULAR TO THE | 3 | | AFORESAID SOUTH LINE; THENCE WEST 171.00 FEET; THENCE | 4 | | NORTH 320.50 FEET; THENCE EAST 171.00 FEET; THENCE NORTH | 5 | | 527.71 FEET; THENCE NORTH 66 DEGREES 16 MINUTES 51 SECONDS | 6 | | WEST 843.97 FEET; THENCE NORTH 28 DEGREES 39 MINUTES 16 | 7 | | SECONDS WEST 589.16 FEET; THENCE SOUTH 60 DEGREES 58 | 8 | | MINUTES 55 SECONDS WEST 279.95 FEET; THENCE SOUTH ALONG A | 9 | | LINE PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST | 10 | | QUARTER OF THE AFORESAID SECTION 36, 2427.91 FEET TO SAID | 11 | | SOUTH LINE; THENCE EAST 726.33 FEET TO THE POINT OF | 12 | | BEGINNING; | 13 | | ALSO EXCEPTING THEREFROM THAT PORTION DEDICATED FOR PUBLIC | 14 | | ROADWAY BY PLAT OF DEDICATION RECORDED AS DOCUMENT | 15 | | 0633315190. DESCRIBED AS FOLLOWS: | 16 | | COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36: | 17 | | THENCE WESTERLY ON AN ASSUMED BEARING OF SOUTH 89 DEGREES | 18 | | 07 MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF THE | 19 | | SOUTH HALF OF SAID SECTION 36, A DISTANCE OF 70 FEET TO THE | 20 | | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 07 | 21 | | MINUTES 36 SECONDS WEST ALONG THE LAST DESCRIBED LINE A | 22 | | DISTANCE OF 3446.28 FEET TO THE CENTERLINE OF THE NORTH | 23 | | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; THENCE NORTH | 24 | | 57 DEGREES 00 MINUTES 02 SECONDS EAST ALONG SAID |
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| 1 | | CENTERLINE A DISTANCE OF 94.02 FEET TO A POINT ON A LINE | 2 | | DRAWN 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF | 3 | | SAID SECTION 36; THENCE NORTH 89 DEGREES 07 MINUTES 35 | 4 | | SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF | 5 | | 3296.21 FEET TO A POINT; THENCE NORTH 43 DEGREES 52 | 6 | | MINUTES 32 SECONDS EAST, A DISTANCE OF 98.61 FEET TO A | 7 | | POINT ON THE WEST LINE OF THE EAST 70 FEET OF AFORESAID | 8 | | SECTION 36; THENCE SOUTH 01 DEGREES 22 MINUTES 32 SECONDS | 9 | | EAST ALONG SAID WEST LINE OF THE EAST 70 FEET, A DISTANCE | 10 | | OF 120 FEET TO THE POINT OF BEGINNING; | 11 | | ALSO EXCEPTING THEREFROM THAT PORTION FALLING WITHIN | 12 | | HARLEM AVENUE AS WIDENED], IN COOK COUNTY, ILLINOIS. | 13 | | PARCEL 2 | 14 | | THAT PART OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 36 | 15 | | NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, | 16 | | DESCRIBED AS FOLLOWS: | 17 | | BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; | 18 | | THENCE EAST 573.67 FEET ALONG THE SOUTH LINE OF THE | 19 | | SOUTHEAST QUARTER OF AFORESAID SECTION 36; THENCE NORTH | 20 | | 859.00 FEET ALONG A LINE PERPENDICULAR TO THE AFORESAID | 21 | | SOUTH LINE; THENCE WEST 171.00 FEET; THENCE NORTH 320.50 | 22 | | FEET; THENCE EAST 171.00 FEET; THENCE NORTH 527.71 FEET; |
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| 1 | | THENCE NORTH 66 DEGREES 16 MINUTES 51 SECONDS WEST 843.97 | 2 | | FEET; THENCE NORTH 28 DEGREES 39 MINUTES 16 SECONDS WEST | 3 | | 589.16 FEET; THENCE SOUTH 60 DEGREES 58 MINUTES 55 SECONDS | 4 | | WEST 279.95 FEET; THENCE SOUTH ALONG A LINE PERPENDICULAR | 5 | | TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE | 6 | | AFORESAID SECTION 36, 2427.91 FEET TO SAID SOUTH LINE; | 7 | | THENCE EAST 726.33 FEET TO THE POINT OF BEGINNING; | 8 | | [EXCEPTING THEREFROM THAT PORTION LYING SOUTH AND WEST OF | 9 | | THE CENTERLINE OF THE NORTH BRANCH OF THE FLOSSMOOR ROAD | 10 | | DRAINAGE DITCH; | 11 | | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | 12 | | FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID | 13 | | SECTION 36; THENCE WEST ALONG THE SOUTH LINE OF SAID | 14 | | SECTION 36, 2237.39 FEET; THENCE NORTH 00 DEGREES 00 | 15 | | MINUTES WEST, ALONG A LINE PERPENDICULAR TO SAID SOUTH | 16 | | LINE 50.00 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE | 17 | | OF 183RD STREET; THENCE CONTINUING NORTH 00 DEGREES 00 | 18 | | MINUTES WEST 124.75 FEET; THENCE NORTH 33 DEGREES 04 | 19 | | MINUTES WEST 99.70 FEET; THENCE NORTH 72 DEGREES 25 | 20 | | MINUTES 40 SECONDS WEST 105.00 FEET; THENCE NORTH 90 | 21 | | DEGREES WEST 139.51 FEET; THENCE SOUTH 00 DEGREES 00 | 22 | | MINUTES EAST 240 FEET; THENCE EAST 294.01 FEET TO THE | 23 | | 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, | 26 | | agreements, and restrictions of record. |
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| 1 | | (c) Each of the documents of transfer shall state on its | 2 | | face and be subject to the conditions that the Property (i) | 3 | | shall be used for public purposes only, including recreation | 4 | | and conservation, and (ii) shall not be used for the purpose of | 5 | | gambling authorized by the Illinois Horse Racing Act of 1975 | 6 | | or the Illinois Gambling Act, and the documents of transfer | 7 | | shall each contain a reverter clause providing, in language | 8 | | prepared by and acceptable to the Department, that title to | 9 | | the Property shall revert, without further action, to the | 10 | | State of Illinois if: | 11 | | (1) the Property is used for any purpose other than a | 12 | | public purpose; | 13 | | (2) an attempt is made to sell the Property or convey | 14 | | or donate the Property in any manner whatsoever; or | 15 | | (3) TPPD or any of its agents allow the property to be | 16 | | used for the purpose of gambling authorized by the | 17 | | Illinois Horse Racing Act of 1975 or the Illinois Gambling | 18 | | Act. | 19 | | Section 5-20. Execution by TPPD; document recording. The | 20 | | transfer of title authorized under this Act shall be by | 21 | | quitclaim deed and quitclaim bill of sale, which shall be | 22 | | prepared by the Department so that the transfer is on an "AS | 23 | | IS", "WHERE IS", and "WITH ALL FAULTS" basis as of the date of | 24 | | sale, without any representation by the State of Illinois to | 25 | | TPPD, or any persons and entities whatsoever, as to Property's |
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| 1 | | condition or fitness for any purpose. Both the deed and bill of | 2 | | sale shall be executed by TPPD as grantee in order to confirm | 3 | | the TPPD's undertakings to abide by the requirements in this | 4 | | Act and TPPD's agreement to timely and fully perform its | 5 | | obligations as set forth in this Act. All documents of | 6 | | transfer shall be recorded in the county in which the Property | 7 | | is located. | 8 | | ARTICLE 10 | 9 | | Section 10-5. The Capital Development Board Act is amended | 10 | | by adding Section 10.20 as follows: | 11 | | (20 ILCS 3105/10.20 new) | 12 | | Sec. 10.20. Local regulation of State facilities. | 13 | | (a) Notwithstanding any other provision of law, no | 14 | | ordinance of a unit of local government shall be enforced | 15 | | against the construction, reconstruction, improvement, or | 16 | | installation of a State facility. A unit of local government | 17 | | shall not require payment of permitting fees or require permit | 18 | | inspections for the construction, reconstruction, improvement, | 19 | | or installation of any State facility. | 20 | | (b) The Board shall, to the fullest extent practicable, | 21 | | coordinate with local utilities regarding utility connection | 22 | | requirements and procedures. | 23 | | (c) Before undertaking any activity involving the |
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| 1 | | construction, reconstruction, improvement, or installation of | 2 | | any State facility, the Board shall, to the fullest extent | 3 | | practicable, coordinate and consult with the units of local | 4 | | government that are responsible for providing fire protection | 5 | | services to that State facility in order to ensure that fire | 6 | | protection services can be provided by the unit of local | 7 | | government to the State facility in the most effective manner. | 8 | | (d) Nothing in this Section shall relieve the Board from | 9 | | compliance with any State or federal mandate. This Section | 10 | | does not relieve the Board from the obligation to compensate | 11 | | units of local governments for fair and reasonable connection | 12 | | or impact costs that (i) conform to industry standards or (ii) | 13 | | are consistent with similar costs that are applied to private, | 14 | | non-governmental capital projects. | 15 | | (e) This Section applies to the construction, | 16 | | reconstruction, improvement and installation of State | 17 | | facilities that is ongoing on the effective date of this | 18 | | amendatory Act of the 103rd General Assembly and to all | 19 | | projects that begin on or after the effective date of this | 20 | | amendatory Act of the 103rd General Assembly. | 21 | | (f) A home rule unit may not regulate the construction, | 22 | | reconstruction, improvement, or installation of a State | 23 | | facility in a manner that is inconsistent with this Section. | 24 | | This Section is a limitation under subsection (i) of Section 6 | 25 | | of Article VII of the Illinois Constitution on the concurrent | 26 | | exercise by home rule units of powers and functions exercised |
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| 1 | | by the State. | 2 | | (g) As used in this Section: | 3 | | "Fair and reasonable connection or impact costs" means | 4 | | demonstrated costs incurred by the unit of local government | 5 | | that directly result from the Board's use of or impact on local | 6 | | infrastructure. | 7 | | "State facility" means any capital project under the | 8 | | authority of the Capital Development Board. | 9 | | ARTICLE 15 | 10 | | Section 15-5. The Capital Development Board Act is amended | 11 | | by changing Section 10.19 as follows: | 12 | | (20 ILCS 3105/10.19) | 13 | | Sec. 10.19. Local regulation of remediation, | 14 | | redevelopment, and improvements of inoperable State | 15 | | facilities. | 16 | | (a) Notwithstanding any other provision of law, an | 17 | | ordinance of a unit of local government may not be enforced | 18 | | against the remediation, redevelopment, or improvement of an | 19 | | inoperable State facility conveyed to a unit of local | 20 | | government for a recreational public purpose if the ordinance | 21 | | prohibits, restricts, or limits the remediation, | 22 | | redevelopment, or improvement of the inoperable State facility | 23 | | for a recreational public purpose. A unit of local government |
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| 1 | | may not require payment of permitting fees or any other fees or | 2 | | require permit inspections for the remediation, redevelopment, | 3 | | or improvement of an inoperable State facility conveyed to a | 4 | | unit of local government for the purpose of remediation, | 5 | | redevelopment, or improvement for a recreational public | 6 | | purpose. | 7 | | (b) This Section applies to remediation, redevelopment, or | 8 | | improvement projects that are ongoing on the effective date of | 9 | | this amendatory Act of the 103rd General Assembly and to all | 10 | | projects started on or after the effective date of this | 11 | | amendatory Act of the 103rd General Assembly. | 12 | | (c) A home rule unit may not regulate remediation, | 13 | | redevelopment, or improvement of an inoperable State facility | 14 | | conveyed to a unit of local government for a recreational | 15 | | public purpose in a manner inconsistent with this Section. | 16 | | This Section is a limitation under subsection (i) of Section 6 | 17 | | of Article VII of the Illinois Constitution on the concurrent | 18 | | exercise by home rule units of powers and functions exercised | 19 | | by the State. | 20 | | (Source: P.A. 103-573, eff. 12-8-23.) | 21 | | ARTICLE 99 | 22 | | Section 99-99. Effective date. This Act takes effect upon | 23 | | becoming law.". |
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