IL
Illinois Senate Bill SB2651

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2651 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2651 Introduced 1/10/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-30004 from Ch. 34, par. 5-30004 Amends the Illinois County Historic Preservation Law of the Counties Code. Provides that a county board may maintain, restore, rehabilitate, beautify, or adaptively reuse places of architectural significance, historic significance, or scenic significance and to lease or license County-held property to public or private entities for not longer than 99 years for such purposes. Declares that these activities are a public use. Defines "adaptive reuse". Effective immediately. LRB103 34493 AWJ 64325 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2651 Introduced 1/10/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-30004 from Ch. 34, par. 5-30004 55 ILCS 5/5-30004 from Ch. 34, par. 5-30004 Amends the Illinois County Historic Preservation Law of the Counties Code. Provides that a county board may maintain, restore, rehabilitate, beautify, or adaptively reuse places of architectural significance, historic significance, or scenic significance and to lease or license County-held property to public or private entities for not longer than 99 years for such purposes. Declares that these activities are a public use. Defines "adaptive reuse". Effective immediately. LRB103 34493 AWJ 64325 b LRB103 34493 AWJ 64325 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2651 Introduced 1/10/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3+55 ILCS 5/5-30004 from Ch. 34, par. 5-30004 55 ILCS 5/5-30004 from Ch. 34, par. 5-30004
4+55 ILCS 5/5-30004 from Ch. 34, par. 5-30004
5+Amends the Illinois County Historic Preservation Law of the Counties Code. Provides that a county board may maintain, restore, rehabilitate, beautify, or adaptively reuse places of architectural significance, historic significance, or scenic significance and to lease or license County-held property to public or private entities for not longer than 99 years for such purposes. Declares that these activities are a public use. Defines "adaptive reuse". Effective immediately.
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311 1 AN ACT concerning local government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Counties Code is amended by changing
7-5 Sections 5-1049.2 and 5-30004 as follows:
8-6 (55 ILCS 5/5-1049.2)
9-7 Sec. 5-1049.2. Lease of county property.
10-8 (a) The county board may lease real estate acquired or
11-9 held by the county for any term not exceeding 99 years and may
12-10 lease the real estate when, in the opinion of the county board,
13-11 the real estate is no longer necessary, appropriate, required
14-12 for the use of, profitable to, or for the best interests of the
15-13 county. The authority to lease shall be exercised by an
16-14 ordinance passed by three-fourths of the full county board
17-15 then holding office, at any regular meeting or at any special
18-16 meeting called for that purpose.
19-17 (b) Notwithstanding subsection (a), upon three-fourths
20-18 vote, by the full county board, the county board may lease
21-19 farmland acquired or held by the county for any term not
22-20 exceeding 5 years. Farmland may be leased to either public or
23-21 private entities via a cash lease, crop-sharing arrangement,
24-22 or custom farming arrangement. The bid process for a lease
25-23 entered into under this subsection must be publicly advertised
15+5 Section 5-30004 as follows:
16+6 (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
17+7 Sec. 5-30004. Authority to protect and preserve landmarks
18+8 and preservation districts. The county board of each county
19+9 shall have the following authority:
20+10 (1) to establish and appoint by ordinance a
21+11 preservation study committee and to take any reasonable
22+12 temporary actions to protect potential landmarks and
23+13 preservation districts during the term of an appointed
24+14 preservation study committee;
25+15 (2) to establish and appoint by ordinance a
26+16 preservation commission upon recommendation of a
27+17 preservation study committee;
28+18 (3) to conduct an ongoing survey of the county to
29+19 identify buildings, structures, areas, sites and
30+20 landscapes that are of historic, archaeological,
31+21 architectural, or scenic significance, and therefore
32+22 potential landmarks or preservation districts;
33+23 (4) to designate by ordinance landmarks and
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34-1 and sealed bids must be opened at a county board meeting for
35-2 public review. Counties shall not acquire farmland for the
36-3 sole purpose of entering into a cash lease, crop-sharing
37-4 arrangement, or custom farming arrangement or other
38-5 speculative purpose.
39-6 (c) The lease of real estate is also permitted when a
40-7 property, structure, or facility owned by the county can be
41-8 used for athletic purposes or museum purposes in the interest
42-9 of the public or for the benefit and enjoyment of residents of
43-10 the county.
44-11 (Source: P.A. 103-415, eff. 8-4-23.)
45-12 (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
46-13 Sec. 5-30004. Authority to protect and preserve landmarks
47-14 and preservation districts. The county board of each county
48-15 shall have the following authority:
49-16 (1) to establish and appoint by ordinance a
50-17 preservation study committee and to take any reasonable
51-18 temporary actions to protect potential landmarks and
52-19 preservation districts during the term of an appointed
53-20 preservation study committee;
54-21 (2) to establish and appoint by ordinance a
55-22 preservation commission upon recommendation of a
56-23 preservation study committee;
57-24 (3) to conduct an ongoing survey of the county to
58-25 identify buildings, structures, areas, sites and
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2651 Introduced 1/10/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
38+55 ILCS 5/5-30004 from Ch. 34, par. 5-30004 55 ILCS 5/5-30004 from Ch. 34, par. 5-30004
39+55 ILCS 5/5-30004 from Ch. 34, par. 5-30004
40+Amends the Illinois County Historic Preservation Law of the Counties Code. Provides that a county board may maintain, restore, rehabilitate, beautify, or adaptively reuse places of architectural significance, historic significance, or scenic significance and to lease or license County-held property to public or private entities for not longer than 99 years for such purposes. Declares that these activities are a public use. Defines "adaptive reuse". Effective immediately.
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43+A BILL FOR
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69-1 landscapes that are of historic, archaeological,
70-2 architectural, or scenic significance, and therefore
71-3 potential landmarks or preservation districts;
72-4 (4) to designate by ordinance landmarks and
73-5 preservation districts upon the recommendation of a
74-6 preservation commission and to establish a system of
75-7 markers, plaques or certificates for designated landmarks
76-8 and preservation districts;
77-9 (5) to prepare maps showing the location of landmarks
78-10 and preservation districts, publish educational
79-11 information, and prepare educational programs concerning
80-12 landmarks and preservation districts and their designation
81-13 and protection;
82-14 (6) to exercise any of the powers and authority in
83-15 relation to regional planning and zoning granted counties
84-16 by Divisions 5-12 and 5-14, for the purpose of protecting,
85-17 preserving, and continuing the use of landmarks and
86-18 preservation districts;
87-19 (7) to nominate landmarks and historic districts to
88-20 any state or federal registers of historic places;
89-21 (8) to appropriate and expend funds to carry out the
90-22 purposes of this Division;
91-23 (9) to review applications for construction,
92-24 alteration, removal or demolition affecting landmarks or
93-25 property within preservation districts;
94-26 (10) to acquire by negotiated purchase any interest
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105-1 including conservation rights in landmarks or in property
106-2 within preservation districts, or property immediately
107-3 adjacent to or surrounding landmarks or preservation
108-4 districts;
109-5 (11) to apply for and accept any gift, grant or
110-6 bequest from any private or public source, including
111-7 agencies of the federal or State government, for any
112-8 purpose authorized by this Division;
113-9 (12) to establish a system for the transfer of
114-10 development rights including, as appropriate, a mechanism
115-11 for the deposit of development rights in a development
116-12 rights bank, and for the transfer of development rights
117-13 from that development rights bank in the same manner as
118-14 authorized for municipalities by Section 11-48.2-2 of the
119-15 Illinois Municipal Code. All receipts arising from the
120-16 transfer shall be deposited in a special county account to
121-17 be applied against expenditures necessitated by the county
122-18 program for the designation and protection of landmarks
123-19 and preservation districts. Any development rights
124-20 acquired, sold or transferred from a development rights
125-21 bank, shall not be a "security" as that term is defined in
126-22 Section 2.1 of the Illinois Securities Law of 1953, and
127-23 shall be exempt from all requirements for the registration
128-24 of securities; .
129-25 (13) to establish a loan or grant program from any
130-26 source of funds for designated landmarks and preservation
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68+1 preservation districts upon the recommendation of a
69+2 preservation commission and to establish a system of
70+3 markers, plaques or certificates for designated landmarks
71+4 and preservation districts;
72+5 (5) to prepare maps showing the location of landmarks
73+6 and preservation districts, publish educational
74+7 information, and prepare educational programs concerning
75+8 landmarks and preservation districts and their designation
76+9 and protection;
77+10 (6) to exercise any of the powers and authority in
78+11 relation to regional planning and zoning granted counties
79+12 by Divisions 5-12 and 5-14, for the purpose of protecting,
80+13 preserving, and continuing the use of landmarks and
81+14 preservation districts;
82+15 (7) to nominate landmarks and historic districts to
83+16 any state or federal registers of historic places;
84+17 (8) to appropriate and expend funds to carry out the
85+18 purposes of this Division;
86+19 (9) to review applications for construction,
87+20 alteration, removal or demolition affecting landmarks or
88+21 property within preservation districts;
89+22 (10) to acquire by negotiated purchase any interest
90+23 including conservation rights in landmarks or in property
91+24 within preservation districts, or property immediately
92+25 adjacent to or surrounding landmarks or preservation
93+26 districts;
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141-1 districts and to issue interest bearing revenue bonds or
142-2 general obligation bonds pursuant to ordinance enacted by
143-3 the county board, after compliance with requirements for
144-4 referendum, payable from the revenues to be derived from
145-5 the operation of any landmark or of any property within a
146-6 preservation district;
147-7 (14) to abate real property taxes on any landmark or
148-8 property within a preservation district to encourage its
149-9 preservation and continued use or to provide relief for
150-10 owners unduly burdened by designation;
151-11 (15) to advise and assist owners of landmarks and
152-12 property within preservation districts on physical and
153-13 financial aspects of preservation, renovation,
154-14 rehabilitation, and reuse;
155-15 (16) to advise cities, villages, or incorporated
156-16 towns, upon request of the appropriate official of the
157-17 municipality, concerning enactment of ordinances to
158-18 protect landmarks or preservation districts;
159-19 (17) to exercise within the boundaries of any city,
160-20 village, or incorporated town any of the powers and
161-21 authority granted counties by this Division so long as the
162-22 corporate authorities by ordinance or by intergovernmental
163-23 agreement pursuant to the Intergovernmental Cooperation
164-24 Act, or pursuant to Article VII, Section 10 of the
165-25 Constitution of the State of Illinois have authorized the
166-26 county preservation commission established by authority of
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104+1 (11) to apply for and accept any gift, grant or
105+2 bequest from any private or public source, including
106+3 agencies of the federal or State government, for any
107+4 purpose authorized by this Division;
108+5 (12) to establish a system for the transfer of
109+6 development rights including, as appropriate, a mechanism
110+7 for the deposit of development rights in a development
111+8 rights bank, and for the transfer of development rights
112+9 from that development rights bank in the same manner as
113+10 authorized for municipalities by Section 11-48.2-2 of the
114+11 Illinois Municipal Code. All receipts arising from the
115+12 transfer shall be deposited in a special county account to
116+13 be applied against expenditures necessitated by the county
117+14 program for the designation and protection of landmarks
118+15 and preservation districts. Any development rights
119+16 acquired, sold or transferred from a development rights
120+17 bank, shall not be a "security" as that term is defined in
121+18 Section 2.1 of the Illinois Securities Law of 1953, and
122+19 shall be exempt from all requirements for the registration
123+20 of securities; .
124+21 (13) to establish a loan or grant program from any
125+22 source of funds for designated landmarks and preservation
126+23 districts and to issue interest bearing revenue bonds or
127+24 general obligation bonds pursuant to ordinance enacted by
128+25 the county board, after compliance with requirements for
129+26 referendum, payable from the revenues to be derived from
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177-1 this Division to designate landmarks or preservation
178-2 districts within its corporate boundaries, and such county
179-3 preservation commission shall have only those powers,
180-4 duties, and legal authority provided in this Division;
181-5 (18) to exercise any of the above powers to preserve
182-6 and protect property owned by any unit of local government
183-7 including counties, or to review alteration, construction,
184-8 demolition, or removal undertaken by any unit of local
185-9 government including counties that affect landmarks and
186-10 preservation districts; .
187-11 (19) to maintain, restore, rehabilitate, beautify, or
188-12 adaptively reuse places of architectural significance,
189-13 historic significance, scenic significance, or land along
190-14 scenic byways and to lease or license county-held property
191-15 to public or private entities for not longer than 99 years
192-16 for such purposes. The maintenance, restoration,
193-17 rehabilitation, beautification, and adaptive reuse of
194-18 places of architectural significance, historic
195-19 significance, scenic significance, or land along scenic
196-20 byways is declared to be a public use. In this paragraph,
197-21 "adaptive reuse" includes adaptation of the property for
198-22 any use that does not materially detract from the
199-23 architectural, historic, aesthetic, cultural, or scenic
200-24 significance of the place.
201-25 (20) (19) to exercise any other power or authority
202-26 necessary or appropriate to carrying out the purposes of
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140+1 the operation of any landmark or of any property within a
141+2 preservation district;
142+3 (14) to abate real property taxes on any landmark or
143+4 property within a preservation district to encourage its
144+5 preservation and continued use or to provide relief for
145+6 owners unduly burdened by designation;
146+7 (15) to advise and assist owners of landmarks and
147+8 property within preservation districts on physical and
148+9 financial aspects of preservation, renovation,
149+10 rehabilitation, and reuse;
150+11 (16) to advise cities, villages, or incorporated
151+12 towns, upon request of the appropriate official of the
152+13 municipality, concerning enactment of ordinances to
153+14 protect landmarks or preservation districts;
154+15 (17) to exercise within the boundaries of any city,
155+16 village, or incorporated town any of the powers and
156+17 authority granted counties by this Division so long as the
157+18 corporate authorities by ordinance or by intergovernmental
158+19 agreement pursuant to the Intergovernmental Cooperation
159+20 Act, or pursuant to Article VII, Section 10 of the
160+21 Constitution of the State of Illinois have authorized the
161+22 county preservation commission established by authority of
162+23 this Division to designate landmarks or preservation
163+24 districts within its corporate boundaries, and such county
164+25 preservation commission shall have only those powers,
165+26 duties, and legal authority provided in this Division;
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213-1 this Division, including those powers and authorities
214-2 listed in Sections 5-30010 and 5-30011.
215-3 (Source: P.A. 101-81, eff. 7-12-19.)
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176+1 (18) to exercise any of the above powers to preserve
177+2 and protect property owned by any unit of local government
178+3 including counties, or to review alteration, construction,
179+4 demolition, or removal undertaken by any unit of local
180+5 government including counties that affect landmarks and
181+6 preservation districts; .
182+7 (19) to maintain, restore, rehabilitate, beautify, or
183+8 adaptively reuse places of architectural significance,
184+9 historic significance, or scenic significance and to lease
185+10 or license County-held property to public or private
186+11 entities for not longer than 99 years for such purposes.
187+12 The maintenance, restoration, rehabilitation,
188+13 beautification, and adaptive reuse of places of
189+14 architectural significance, historic significance, or
190+15 scenic significance is declared to be a public use.
191+16 "Adaptive reuse" includes adaptation of the property for
192+17 any use that does not materially detract from the
193+18 architectural, historic, aesthetic, cultural, or scenic
194+19 significance of the place.
195+20 (20) (19) to exercise any other power or authority
196+21 necessary or appropriate to carrying out the purposes of
197+22 this Division, including those powers and authorities
198+23 listed in Sections 5-30010 and 5-30011.
199+24 (Source: P.A. 101-81, eff. 7-12-19.)
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