SB2651 EngrossedLRB103 34493 AWJ 64325 b SB2651 Engrossed LRB103 34493 AWJ 64325 b
SB2651 Engrossed LRB103 34493 AWJ 64325 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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.
17 (b) Notwithstanding subsection (a), upon three-fourths
18 vote, by the full county board, the county board may lease
19 farmland acquired or held by the county for any term not
20 exceeding 5 years. Farmland may be leased to either public or
21 private entities via a cash lease, crop-sharing arrangement,
22 or custom farming arrangement. The bid process for a lease
23 entered into under this subsection must be publicly advertised
SB2651 Engrossed LRB103 34493 AWJ 64325 b
SB2651 Engrossed- 2 -LRB103 34493 AWJ 64325 b SB2651 Engrossed - 2 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed - 2 - LRB103 34493 AWJ 64325 b
1 and sealed bids must be opened at a county board meeting for
2 public review. Counties shall not acquire farmland for the
3 sole purpose of entering into a cash lease, crop-sharing
4 arrangement, or custom farming arrangement or other
5 speculative purpose.
6 (c) The lease of real estate is also permitted when a
7 property, structure, or facility owned by the county can be
8 used for athletic purposes or museum purposes in the interest
9 of the public or for the benefit and enjoyment of residents of
10 the county.
11 (Source: P.A. 103-415, eff. 8-4-23.)
12 (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
13 Sec. 5-30004. Authority to protect and preserve landmarks
14 and preservation districts. The county board of each county
15 shall have the following authority:
16 (1) to establish and appoint by ordinance a
17 preservation study committee and to take any reasonable
18 temporary actions to protect potential landmarks and
19 preservation districts during the term of an appointed
20 preservation study committee;
21 (2) to establish and appoint by ordinance a
22 preservation commission upon recommendation of a
23 preservation study committee;
24 (3) to conduct an ongoing survey of the county to
25 identify buildings, structures, areas, sites and
SB2651 Engrossed - 2 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed- 3 -LRB103 34493 AWJ 64325 b SB2651 Engrossed - 3 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed - 3 - LRB103 34493 AWJ 64325 b
1 landscapes that are of historic, archaeological,
2 architectural, or scenic significance, and therefore
3 potential landmarks or preservation districts;
4 (4) to designate by ordinance landmarks and
5 preservation districts upon the recommendation of a
6 preservation commission and to establish a system of
7 markers, plaques or certificates for designated landmarks
8 and preservation districts;
9 (5) to prepare maps showing the location of landmarks
10 and preservation districts, publish educational
11 information, and prepare educational programs concerning
12 landmarks and preservation districts and their designation
13 and protection;
14 (6) to exercise any of the powers and authority in
15 relation to regional planning and zoning granted counties
16 by Divisions 5-12 and 5-14, for the purpose of protecting,
17 preserving, and continuing the use of landmarks and
18 preservation districts;
19 (7) to nominate landmarks and historic districts to
20 any state or federal registers of historic places;
21 (8) to appropriate and expend funds to carry out the
22 purposes of this Division;
23 (9) to review applications for construction,
24 alteration, removal or demolition affecting landmarks or
25 property within preservation districts;
26 (10) to acquire by negotiated purchase any interest
SB2651 Engrossed - 3 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed- 4 -LRB103 34493 AWJ 64325 b SB2651 Engrossed - 4 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed - 4 - LRB103 34493 AWJ 64325 b
1 including conservation rights in landmarks or in property
2 within preservation districts, or property immediately
3 adjacent to or surrounding landmarks or preservation
4 districts;
5 (11) to apply for and accept any gift, grant or
6 bequest from any private or public source, including
7 agencies of the federal or State government, for any
8 purpose authorized by this Division;
9 (12) to establish a system for the transfer of
10 development rights including, as appropriate, a mechanism
11 for the deposit of development rights in a development
12 rights bank, and for the transfer of development rights
13 from that development rights bank in the same manner as
14 authorized for municipalities by Section 11-48.2-2 of the
15 Illinois Municipal Code. All receipts arising from the
16 transfer shall be deposited in a special county account to
17 be applied against expenditures necessitated by the county
18 program for the designation and protection of landmarks
19 and preservation districts. Any development rights
20 acquired, sold or transferred from a development rights
21 bank, shall not be a "security" as that term is defined in
22 Section 2.1 of the Illinois Securities Law of 1953, and
23 shall be exempt from all requirements for the registration
24 of securities; .
25 (13) to establish a loan or grant program from any
26 source of funds for designated landmarks and preservation
SB2651 Engrossed - 4 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed- 5 -LRB103 34493 AWJ 64325 b SB2651 Engrossed - 5 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed - 5 - LRB103 34493 AWJ 64325 b
1 districts and to issue interest bearing revenue bonds or
2 general obligation bonds pursuant to ordinance enacted by
3 the county board, after compliance with requirements for
4 referendum, payable from the revenues to be derived from
5 the operation of any landmark or of any property within a
6 preservation district;
7 (14) to abate real property taxes on any landmark or
8 property within a preservation district to encourage its
9 preservation and continued use or to provide relief for
10 owners unduly burdened by designation;
11 (15) to advise and assist owners of landmarks and
12 property within preservation districts on physical and
13 financial aspects of preservation, renovation,
14 rehabilitation, and reuse;
15 (16) to advise cities, villages, or incorporated
16 towns, upon request of the appropriate official of the
17 municipality, concerning enactment of ordinances to
18 protect landmarks or preservation districts;
19 (17) to exercise within the boundaries of any city,
20 village, or incorporated town any of the powers and
21 authority granted counties by this Division so long as the
22 corporate authorities by ordinance or by intergovernmental
23 agreement pursuant to the Intergovernmental Cooperation
24 Act, or pursuant to Article VII, Section 10 of the
25 Constitution of the State of Illinois have authorized the
26 county preservation commission established by authority of
SB2651 Engrossed - 5 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed- 6 -LRB103 34493 AWJ 64325 b SB2651 Engrossed - 6 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed - 6 - LRB103 34493 AWJ 64325 b
1 this Division to designate landmarks or preservation
2 districts within its corporate boundaries, and such county
3 preservation commission shall have only those powers,
4 duties, and legal authority provided in this Division;
5 (18) to exercise any of the above powers to preserve
6 and protect property owned by any unit of local government
7 including counties, or to review alteration, construction,
8 demolition, or removal undertaken by any unit of local
9 government including counties that affect landmarks and
10 preservation districts; .
11 (19) to maintain, restore, rehabilitate, beautify, or
12 adaptively reuse places of architectural significance,
13 historic significance, scenic significance, or land along
14 scenic byways and to lease or license county-held property
15 to public or private entities for not longer than 99 years
16 for such purposes. The maintenance, restoration,
17 rehabilitation, beautification, and adaptive reuse of
18 places of architectural significance, historic
19 significance, scenic significance, or land along scenic
20 byways is declared to be a public use. In this paragraph,
21 "adaptive reuse" includes adaptation of the property for
22 any use that does not materially detract from the
23 architectural, historic, aesthetic, cultural, or scenic
24 significance of the place.
25 (20) (19) to exercise any other power or authority
26 necessary or appropriate to carrying out the purposes of
SB2651 Engrossed - 6 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed- 7 -LRB103 34493 AWJ 64325 b SB2651 Engrossed - 7 - LRB103 34493 AWJ 64325 b
SB2651 Engrossed - 7 - LRB103 34493 AWJ 64325 b
1 this Division, including those powers and authorities
2 listed in Sections 5-30010 and 5-30011.
3 (Source: P.A. 101-81, eff. 7-12-19.)
SB2651 Engrossed - 7 - LRB103 34493 AWJ 64325 b