State of Illinois
90th General Assembly
Legislation

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90_HB2530

      55 ILCS 5/5-9003 new
          Amends the Counties Codes.  Provides that  before  taking
      or  continuing  any  action  concerning  the development of a
      motor vehicle raceway or similar facility in Kendall  County,
      the  County  Board  or  other governmental entity shall first
      compile  a  written  determination  of   the   economic   and
      environmental  impact of the facility to be made available to
      interested  parties  upon   request.    Provides   that   the
      governmental  entity  shall  request,  review,  and  consider
      certain evidence for the determination.  Provides that if the
      governmental  entity recommends the development of a raceway,
      then the  question  of  approval  may  be  submitted  to  the
      electors at a referendum.
                                                     LRB9008443PTsb
                                               LRB9008443PTsb
 1        AN ACT concerning motor vehicle raceways.
 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 adding Section
 5    5-9003 as follows:
 6        (55 ILCS 5/5-9003 new)
 7        Sec. 5-9003.  Kendall County Raceway.
 8        (a)  Before taking or continuing  any  action  concerning
 9    the  development  of  a  motor  vehicle    raceway or similar
10    facility  in  Kendall  County,  the  County  Board  or  other
11    governmental   entity   shall   first   compile   a   written
12    determination  of  the  proposed  facility's   economic   and
13    environmental  impact and make the determination available to
14    interested parties upon request.
15        In its determination of the  economic  and  environmental
16    impact  of  a  proposed  motor  vehicle  raceway  or  similar
17    facility, the County Board or other governmental entity shall
18    request,  review,  and  consider,  but not be limited to, the
19    following:
20             (1)  any  evidence   presented   by   the   Illinois
21        Environmental    Protection    Agency    regarding    the
22        environmental  impact  of the proposed raceway or similar
23        facility;
24             (2)  any  evidence  presented   by    the   Illinois
25        Department  of Transportation regarding the impact of the
26        proposed raceway or similar facility on  traffic  safety,
27        road construction, or other transportation issues;
28             (3)  any  evidence  presented  by  the Department of
29        Natural Resources regarding the impact  of  the  proposed
30        raceway  or  similar  facility on any conservation areas,
31        forest preserves, wildlife preserves,  wetlands,  or  any
                            -2-                LRB9008443PTsb
 1        other natural resource;
 2             (4)  any  evidence  of  the  effect  of the proposed
 3        raceway   or   similar   facility   upon   the   economy,
 4        infrastructure, and  public  safety  presented  by  local
 5        governmental  units that will be affected by the proposed
 6        facility;
 7             (5)  any evidence of  the  effect  of  the  proposed
 8        raceway   or   similar   facility  upon  property  values
 9        presented by property owners who will be affected by  the
10        proposed facility;
11             (6)  any  evidence  presented  by  the Department of
12        Commerce and Community Affairs regarding the current  and
13        future economic effect of the proposed raceway or similar
14        facility  including, but not limited to, property values,
15        employment   rates,   and   residential   and    business
16        development; and
17             (7)  any  evidence  presented  by  any  other  State
18        agency that participates in the proceeding.
19        In  its  written determination, the County Board or other
20    governmental  entity  shall  address  all  of  the   evidence
21    presented   and   issue  its  recommendation  concerning  the
22    development of the proposed raceway or similar facility.   If
23    the  recommendation  is  contrary to any of the evidence, the
24    County Board or other governmental  entity  shall  state  the
25    reasons for its determination with regard to that evidence.
26        (b)  In  the  written impact determination, if the County
27    Board or other governmental entity recommends the development
28    of a motor vehicle raceway  or  similar  facility,  then  the
29    question  of  approval of the development of the facility may
30    be submitted to the electors of Kendall County or  the  other
31    governmental  entity  at a regular election and approved by a
32    majority of the electors voting on the question.  The  County
33    Board or other governmental entity shall certify the question
34    to  the  proper  election  authority,  which shall submit the
                            -3-                LRB9008443PTsb
 1    question at an election in accordance with the Election Code.
 2        The question shall  be  submitted  in  substantially  the
 3    following form:
 4        Shall the (insert "Kendall County Board" or name of other
 5    governmental entity) be authorized to approve the development
 6    of a motor vehicle raceway or similar facility?
 7    The votes shall be recorded as "Yes" or "No".
 8        If a majority of the electors voting on the question vote
 9    in  the  affirmative,  the County Board or other governmental
10    entity shall approve the development of the facility.   If  a
11    majority  of  the  electors  vote in the negative, the County
12    Board or  other  governmental  entity  may  not  approve  the
13    development  of  the  facility  and  may  not certify another
14    public  question  on  the  matter  until  the  next   regular
15    election.

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