Illinois 2023-2024 Regular Session

Illinois House Bill HB3642 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3642 EngrossedLRB103 30637 AWJ 57091 b HB3642 Engrossed LRB103 30637 AWJ 57091 b
2		-	HB3642 Engrossed LRB103 30637 AWJ 57091 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3642 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that a township board may lease open space for open space purposes and may not lease any part of open space to anyone other than the federal government, a state government, or a local government. Provides that leased open space may be used for agricultural purposes. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used as required in the open space plan unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government. LRB103 30637 AWJ 57091 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3642 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new 60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that a township board may lease open space for open space purposes and may not lease any part of open space to anyone other than the federal government, a state government, or a local government. Provides that leased open space may be used for agricultural purposes. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used as required in the open space plan unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government. LRB103 30637 AWJ 57091 b LRB103 30637 AWJ 57091 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3642 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
	3	+	60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new 60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new
	4	+	60 ILCS 1/115-5
	5	+	60 ILCS 1/115-55
	6	+	60 ILCS 1/115-90
	7	+	60 ILCS 1/115-95
	8	+	60 ILCS 1/115-97 new
	9	+	Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that a township board may lease open space for open space purposes and may not lease any part of open space to anyone other than the federal government, a state government, or a local government. Provides that leased open space may be used for agricultural purposes. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used as required in the open space plan unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government.
	10	+	LRB103 30637 AWJ 57091 b LRB103 30637 AWJ 57091 b
	11	+	LRB103 30637 AWJ 57091 b
	12	+	A BILL FOR
	13	+	HB3642LRB103 30637 AWJ 57091 b HB3642 LRB103 30637 AWJ 57091 b
	14	+	HB3642 LRB103 30637 AWJ 57091 b
3	15		1 AN ACT concerning local government.
4	16		2 Be it enacted by the People of the State of Illinois,
5	17		3 represented in the General Assembly:
6	18		4 Section 5. The Township Code is amended by changing
7	19		5 Sections 115-5, 115-55, 115-90, and 115-95 and by adding
8	20		6 Section 115-97 as follows:
9	21		7 (60 ILCS 1/115-5)
10	22		8 Sec. 115-5. Definitions. As used in this Article, unless
11	23		9 the context otherwise requires:
12	24		10 "Board" means the township board in counties having a
13	25		11 population of more than 150,000.
14	26		12 "Development of real property" means the constructing,
15	27		13 installing, planting or creating of any permanent or temporary
16	28		14 improvement of real property that has been acquired for open
17	29		15 space purposes.
18	30		16 "Open land" or "open space" means any space or area of land
19	31		17 or water of an area of 25 50 acres or more, the preservation or
20	32		18 the restriction of development or use of which would (i)
21	33		19 maintain or enhance the conservation of natural or scenic
22	34		20 resources; (ii) protect natural streams or water supply; (iii)
23	35		21 promote conservation of soils, wet lands, or shores; (iv)
24	36		22 afford or enhance public outdoor recreation opportunities; (v)
25	37		23 preserve flora and fauna, geological features, historic sites,
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	41	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3642 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
	42	+	60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new 60 ILCS 1/115-5 60 ILCS 1/115-55 60 ILCS 1/115-90 60 ILCS 1/115-95 60 ILCS 1/115-97 new
	43	+	60 ILCS 1/115-5
	44	+	60 ILCS 1/115-55
	45	+	60 ILCS 1/115-90
	46	+	60 ILCS 1/115-95
	47	+	60 ILCS 1/115-97 new
	48	+	Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that a township board may lease open space for open space purposes and may not lease any part of open space to anyone other than the federal government, a state government, or a local government. Provides that leased open space may be used for agricultural purposes. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used as required in the open space plan unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government.
	49	+	LRB103 30637 AWJ 57091 b LRB103 30637 AWJ 57091 b
	50	+	LRB103 30637 AWJ 57091 b
	51	+	A BILL FOR
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	57	+	60 ILCS 1/115-5
	58	+	60 ILCS 1/115-55
	59	+	60 ILCS 1/115-90
	60	+	60 ILCS 1/115-95
	61	+	60 ILCS 1/115-97 new
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	65	+	LRB103 30637 AWJ 57091 b
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34	80		1 or other areas of educational or scientific interest; (vi)
35	81		2 enhance the value to the public of abutting or neighboring
36	82		3 highways, parks, or other public lands; (vii) implement the
37	83		4 plan of development adopted by the planning commission of any
38	84		5 municipality or county; or (viii) promote orderly urban or
39	85		6 suburban development. A township at any time may release a
40	86		7 specified parcel of land from an open space plan and allow the
41	87		8 development of the parcel to occur. Once development (as
42	88		9 defined in Section 115-55) has commenced, the land shall no
43	89		10 longer be eligible for acquisition as open space or open land.
44	90		11 "Open space plan" means the written plan adopted by the
45	91		12 board to implement an open space program and includes properly
46	92		13 adopted amendments or additions to the plan.
47	93		14 "Open space program" means the acquisition of the fee or
48	94		15 of a lesser right or interest in tracts of open land in the
49	95		16 township for open space purposes.
50	96		17 "Open space purposes" includes (i) the preservation and
51	97		18 maintenance of open land, scenic roadways, and pathways; (ii)
52	98		19 the holding of real property described in clause (i), with or
53	99		20 without public access, for the education, pleasure, and
54	100		21 recreation of the public or for other open space values; (iii)
55	101		22 the preservation of portions of that property in their natural
56	102		23 condition and the development of other portions of that
57	103		24 property, including development for agricultural purposes;
58	104		25 (iv) the management and use of that property in a manner and
59	105		26 with restrictions that will leave it unimpaired for the
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70	116		1 benefit of future generations; and (v) otherwise promoting the
71	117		2 conservation of the nature, flora and fauna, natural
72	118		3 environment, and natural resources of the township.
73	119		4 (Source: P.A. 91-641, eff. 8-20-99.)
74	120		5 (60 ILCS 1/115-55)
75	121		6 Sec. 115-55. Acquisition of open land.
76	122		7 (a) The board may acquire by gift, legacy, purchase,
77	123		8 condemnation in the manner provided for the exercise of the
78	124		9 right of eminent domain under the Eminent Domain Act and
79	125		10 except as otherwise provided in this subsection, lease,
80	126		11 agreement, or otherwise the fee or any lesser right or
81	127		12 interest in real property that is open land and may hold that
82	128		13 property with or without public access for open space, scenic
83	129		14 roadway, pathway, outdoor recreation, or other conservation
84	130		15 benefits. No township in a county having a population of more
85	131		16 than 150,000 but not more than 250,000 has authority under
86	132		17 this Article to acquire property by condemnation, and no other
87	133		18 township has authority under this Article to acquire by
88	134		19 condemnation (i) property that is used for farming or
89	135		20 agricultural purposes; (ii) property that is situated within
90	136		21 the corporate limits of a municipality or contiguous to one or
91	137		22 more municipalities unless approval to acquire the property by
92	138		23 condemnation is obtained under Section 115-30 or 115-35; (iii)
93	139		24 property upon which development has commenced; or (iv)
94	140		25 property owned by a religious organization, church, school, or
95	141
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105	151		1 charitable organization exempt from federal taxation under
106	152		2 Section 501(c)(3) of the Internal Revenue Code of 1986 or
107	153		3 similar provisions of any successor law, or any other
108	154		4 organization controlled by or affiliated with such a religious
109	155		5 organization, church, school, or charitable organization.
110	156		6 (a-5) Open land acquired in fee for an open space plan by a
111	157		7 township must be held by the township, unless leased or
112	158		8 disposed of as provided in Sections 115-90, 115-95, and
113	159		9 115-97, and used by the township or lessee for open space
114	160		10 purposes.
115	161		11 (b) For purposes of this Section:
116	162		12 (1) "Development" of property is deemed to have
117	163		13 commenced if (i) at least 30 days before the filing of a
118	164		14 petition under Section 115-10, an application for a
119	165		15 preliminary plan or preliminary planned unit development
120	166		16 has been filed with the applicable governmental entity or,
121	167		17 if neither is required, a building permit has been
122	168		18 obtained at least 30 days before the filing of a petition
123	169		19 under Section 115-10; (ii) mass grading of the property
124	170		20 has commenced; and (iii) within 180 days of the date the
125	171		21 open space plan is recommended for approval by the board
126	172		22 under Section 115-5 or by petition of the voters under
127	173		23 Section 115-20, 115-30, or 115-35, the installation of
128	174		24 public improvements has commenced.
129	175		25 (2) "Contiguous" means contiguous for purposes of
130	176		26 annexation under Article 7 of the Illinois Municipal Code.
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141	187		1 (3) Real property is deemed used for farming or
142	188		2 agricultural purposes if it is more than 10 acres in area
143	189		3 and devoted primarily to (i) the raising and harvesting of
144	190		4 crops, (ii) the feeding, breeding, and management of
145	191		5 livestock, (iii) dairying, or (iv) any other agricultural
146	192		6 or horticultural use or combination of those uses, with
147	193		7 the intention of securing substantial income from those
148	194		8 activities, and has been so used for the 3 years
149	195		9 immediately preceding the filing of a condemnation action.
150	196		10 Real property used for farming or agricultural purposes
151	197		11 includes land devoted to and qualifying for payments or
152	198		12 other compensation under a soil conservation program under
153	199		13 an agreement with an agency of the federal government and
154	200		14 also includes the construction and use of dwellings and
155	201		15 other buildings customarily associated with farming and
156	202		16 agricultural uses when associated with those uses.
157	203		17 (c) If a township's acquisitions of open land, or
158	204		18 interests in open land when combined with other lands in the
159	205		19 township held for open space purposes by other governmental
160	206		20 entities, equals 30% of the total acreage of the township,
161	207		21 then the township may not acquire additional open land by
162	208		22 condemnation.
163	209		23 (d) Any parcel of land that is included in an open space
164	210		24 plan adopted by a township that has not been acquired by the
165	211		25 township under this Section within 3 years, or within 2 years
166	212		26 with respect to existing open space programs, after the later
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177	223		1 of (i) July 29, 1988, or (ii) the date of the passage of the
178	224		2 referendum may not thereafter be acquired by condemnation by
179	225		3 the township under this Section, except that if an action in
180	226		4 condemnation to acquire the parcel is filed under this Section
181	227		5 within that 3 year or 2 year period, as applicable, the parcel
182	228		6 may be acquired by condemnation by the township
183	229		7 notwithstanding the fact that the condemnation action may not
184	230		8 be concluded within the 3 year or 2 year period, as applicable.
185	231		9 Notwithstanding the foregoing, if a parcel of land cannot be
186	232		10 acquired by condemnation under subsection (a) because of its
187	233		11 use for farming or agricultural purposes, the 3 year or 2 year
188	234		12 period, as applicable, shall be tolled until the date the
189	235		13 parcel ceases to be used for farming or agricultural purposes.
190	236		14 Notwithstanding the foregoing, the fee or any lesser right or
191	237		15 interest in real property that is open land may be acquired
192	238		16 after the 3 year or 2 year period, as applicable, by any means
193	239		17 authorized under subsection (a) other than condemnation.
194	240		18 (Source: P.A. 94-1055, eff. 1-1-07.)
195	241		19 (60 ILCS 1/115-90)
196	242		20 Sec. 115-90. Lease of lands. The board may lease open
197	243		21 space that is a part of the township's open space plan land for
198	244		22 a period not longer than 50 years from the date of the lease to
199		-	23 ~~an individual~~, a ~~nonprofit organization~~, ~~the federal~~
200		-	24 government, a ~~state government~~, or ~~a local government a~~
201		-	25 ~~responsible person~~, ~~firm~~, ~~or corporation for construction~~,
	245	+	23 the federal government, a state government, or a local
	246	+	24 government a responsible person, firm, or corporation for
	247	+	25 construction, reconstruction, alteration, renewal, equipment,
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212		-	1 ~~reconstruction~~, ~~alteration~~, ~~renewal~~, ~~equipment, furnishing,~~
213		-	2 ~~extension, development, operation and maintenance~~ of lodges,
214		-	3 ~~housekeeping and sleeping cabins~~, ~~swimming pools~~, ~~golf~~
215		-	4 ~~courses~~, ~~campgrounds~~, ~~sand beaches, marinas, agricultural~~
216		-	5 ~~purposes~~, ~~convention~~ and ~~entertainment centers,~~ ~~roads~~ and
217		-	6 ~~parking areas~~, ~~and other related buildings and facilities. In~~
218		-	7 ~~any~~ lease of land ~~leased under this Section, upon expiration~~
219		-	8 of the ~~lease title~~ to ~~all structures on the leased land shall~~
220		-	9 ~~be vested in~~ the ~~township. The changes made to this Section by~~
221		-	10 ~~this amendatory Act of~~ the ~~103rd General Assembly do not~~
222		-	11 ~~affect any lease entered into on or before~~ the ~~effective date~~
223		-	12 ~~of this amendatory Act of the 103rd General Assembly~~.
224		-	13 (~~Source: P.A. 88-670, eff. 12-2-94.~~)
225		-	14 ~~(60 ILCS 1/~~115-95)
226		-	15 ~~Sec. 115-95.~~ Lease ~~of buildings~~ or ~~facilities. The board~~
227		-	16 ~~may lease to an individual~~, ~~a nonprofit organization, the~~
228		-	17 ~~federal government~~, ~~a state government~~, ~~or a local government~~
229		-	18 ~~any building or facility constructed~~, ~~reconstructed~~, ~~altered,~~
230		-	19 ~~renewed, equipped,~~ ~~furnished, extended,~~ ~~developed, and~~
231		-	20 ~~maintained by the township on open space that is a part of the~~
232		-	21 ~~township's open space plan to~~ a ~~responsible person,~~ ~~firm, or~~
233		-	22 ~~corporation for operation or development,~~ ~~or both,~~ ~~and~~
234		-	23 ~~maintenance for a period not longer than 20 years from~~ the ~~date~~
235		-	24 of the ~~lease. The changes made to this Section by this~~
236		-	25 amendatory Act of the 103rd General ~~Assembly do not affect any~~
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	258	+	1 furnishing, extension, development, operation and maintenance
	259	+	2 of lodges, housekeeping and sleeping cabins, swimming pools,
	260	+	3 golf courses, campgrounds, sand beaches, marinas, agricultural
	261	+	4 purposes, convention and entertainment centers, roads and
	262	+	5 parking areas, and other related buildings and facilities. In
	263	+	6 any lease of land leased under this Section, upon expiration
	264	+	7 of the lease title to all structures on the leased land shall
	265	+	8 be vested in the township. The changes made to this Section by
	266	+	9 this amendatory Act of the 103rd General Assembly do not
	267	+	10 affect any lease entered into on or before the effective date
	268	+	11 of this amendatory Act of the 103rd General Assembly.
	269	+	12 (Source: P.A. 88-670, eff. 12-2-94.)
	270	+	13 (60 ILCS 1/115-95)
	271	+	14 Sec. 115-95. Lease of buildings or facilities. The board
	272	+	15 may lease to the federal government, a state government, or a
	273	+	16 local government any building or facility constructed,
	274	+	17 reconstructed, altered, renewed, equipped, furnished,
	275	+	18 extended, developed, and maintained by the township on open
	276	+	19 space that is a part of the township's open space plan to a
	277	+	20 responsible person, firm, or corporation for operation or
	278	+	21 development, or both, and maintenance for a period not longer
	279	+	22 than 20 years from the date of the lease. The changes made to
	280	+	23 this Section by this amendatory Act of the 103rd General
	281	+	24 Assembly do not affect any lease entered into on or before the
	282	+	25 effective date of this amendatory Act of the 103rd General
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247		-	1 lease entered into on or before the effective date of this
248		-	2 amendatory Act of the 103rd General Assembly.
249		-	3 (Source: P.A. 88-670, eff. 12-2-94.)
250		-	4 (60 ILCS 1/115-97 new)
251		-	5 Sec. 115-97. Disposition of open space.
252		-	6 (a) A township board may not sell, convey, donate, or
253		-	7 otherwise dispose of any part of open space without referendum
254		-	8 approval by the majority of the voters of the township voting
255		-	9 on the question at a regular election. The board may certify
256		-	10 the question of disposition of property to the appropriate
257		-	11 election authority only if the board approves the question by
258		-	12 at least a two-thirds majority of the board members. The
259		-	13 referendum shall be conducted consistent with the referendum
260		-	14 procedures under Section 115-20.
261		-	15 (b) Notwithstanding any other provision of law, if a
262		-	16 township dissolves or is consolidated or merged or the
263		-	17 boundaries of the township are altered, any open space
264		-	18 affected by that action shall continue to be used as required
265		-	19 in the open space plan unless the open space is disposed of
266		-	20 using the same procedures required under subsection (a) by the
267		-	21 board of the unit of local government in control of that open
268		-	22 space.
	291	+	HB3642- 8 -LRB103 30637 AWJ 57091 b HB3642 - 8 - LRB103 30637 AWJ 57091 b
	292	+	HB3642 - 8 - LRB103 30637 AWJ 57091 b
	293	+	1 Assembly.
	294	+	2 (Source: P.A. 88-670, eff. 12-2-94.)
	295	+	3 (60 ILCS 1/115-97 new)
	296	+	4 Sec. 115-97. Disposition of open space.
	297	+	5 (a) A township board may not sell, convey, donate, or
	298	+	6 otherwise dispose of any part of open space without referendum
	299	+	7 approval by the majority of the voters of the township voting
	300	+	8 on the question at a regular election. The board may certify
	301	+	9 the question of disposition of property to the appropriate
	302	+	10 election authority only if the board approves the question by
	303	+	11 at least a two-thirds majority of the board members. The
	304	+	12 referendum shall be conducted consistent with the referendum
	305	+	13 procedures under Section 115-20.
	306	+	14 (b) Notwithstanding any other provision of law, if a
	307	+	15 township dissolves or is consolidated or merged or the
	308	+	16 boundaries of the township are altered, any open space
	309	+	17 affected by that action shall continue to be used as required
	310	+	18 in the open space plan unless the open space is disposed of
	311	+	19 using the same procedures required under subsection (a) by the
	312	+	20 board of the unit of local government in control of that open
	313	+	21 space.
269	314
270	315
271	316
272	317
273	318
274		-	HB3642 ~~Engrossed~~ - 8 - LRB103 30637 AWJ 57091 b
	319	+	HB3642 - 8 - LRB103 30637 AWJ 57091 b