Illinois General Assembly - Full Text of HB0842
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Full Text of HB0842  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Jehan Gordon-Booth


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    Creates a new Division in the Counties Code. Creates the Peoria County Land Bank Authority pilot program with the purpose to use available resources to facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use in order to combat community deterioration, create economic growth, and stabilizing the housing and job market. Provides that the Authority is an agency of and funded by Peoria County and that the Authority's Board of Directors are accountable to the Peoria County Board. Contains provisions relating to the appointment of members to the Authority's Board of Directors and operation of the Authority. Allows the hiring of an Executive Director and other staff. Provides that Peoria County shall defend and indemnify the Authority's Board of Directors under specified circumstances. Requires Peoria County to yearly report to the General Assembly of the Authority's effectiveness in meeting the Authority's purposes. Repeals the Division 3 years after the effective date of the amendatory Act.

LRB101 04952 AWJ 52093 b






HB0842LRB101 04952 AWJ 52093 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Division
55-45 as follows:
6    (55 ILCS 5/Div. 5-45 heading new)
Division 5-45. Peoria County Land Bank
Authority Pilot Program

9    (55 ILCS 5/5-45005 new)
10    Sec. 5-45005. Purpose. The purpose of this Division is to
11create the Peoria County Land Bank Authority that will use
12available resources to facilitate the return of vacant,
13abandoned, and tax-delinquent properties to productive use
14thereby combating community deterioration, creating economic
15growth, and stabilizing the housing and job market.
16    The land bank will acquire, hold, and transfer interest in
17real property throughout Peoria County as approved by the Board
18of Directors of the Authority for the following purposes: to
19promote redevelopment and reuse of vacant, abandoned, and
20tax-delinquent properties; support targeted efforts to
21stabilize neighborhoods; stimulate residential, commercial,
22and industrial development; all in ways that are consistent



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1with goals and priorities established by this Division, local
2government partners, and other community stakeholders.
3    (55 ILCS 5/5-45010 new)
4    Sec. 5-45010. Definitions. As used in this Division:
5    "Board of Directors" means the Board of Directors of the
6Peoria County Land Bank Authority.
7    "County" means Peoria County.
8    "County Board" means the County Board of Peoria County.
9    "Director" means the Executive Director of the Peoria
10County Land Bank Authority.
11    "Fiscal Year" means the fiscal year of the land bank, which
12is the same as Peoria County's fiscal year.
13    "Good cause" includes inefficiency, neglect of duty,
14malfeasance, or any cause which renders the Director or Board
15of Director member unfit for the position or unable to perform
16the duties of the position or the scope of the work.
17    "Land bank" means the Peoria County Land Bank Authority.
18    "Member" means a member of the Board of Directors.
19    "Person" means any individual, corporation, limited
20liability corporation, organization, government, governmental
21subdivision or agency, business trust, estate, trust,
22partnership, association, and any other legal entity.
23    "Real property" means all land and the buildings on the
24land, all things permanently attached to land or to the
25buildings on the land, and any interest existing in, issuing



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1out of, or dependent upon land or the buildings on the land.
2    (55 ILCS 5/5-45015 new)
3    Sec. 5-45015. Establishment. The Peoria County Land Bank
4Authority is established as an agency of Peoria County. All
5personnel, facilities, equipment, and supplies within the land
6bank shall be governed by a Board of Directors as provided in
7this Division. The Board of Directors shall be accountable to
8the County Board. The land bank shall be funded by the County.
9The Authority is dissolved on the date this Division is
10repealed under Section 5-45999.
11    (55 ILCS 5/5-45020 new)
12    Sec. 5-45020. Principal office. The principal office of the
13land bank shall be at a location within the County, as
14determined by the Board of Directors.
15    (55 ILCS 5/5-45025 new)
16    Sec. 5-45025. Title to land bank assets. Except as
17otherwise provided in this Division, the County shall hold
18title to all real property controlled by the land bank.
19    (55 ILCS 5/5-45030 new)
20    Sec. 5-45030. Tax-exempt status. The activities of the land
21bank are governmental functions carried out by an
22instrumentality or political subdivision of the State as



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1described in Section 115 of Title 26 of the United States
2Internal Revenue Code, or any corresponding provisions of any
3future tax code. The activities of the land bank are
4governmental functions carried out by a political subdivision
5of the State, exempt to the extent provided under Illinois law
6from taxation by this State, including, but not limited to, ad
7valorem property tax exemption under the Property Tax Code.
8    (55 ILCS 5/5-45035 new)
9    Sec. 5-45035. Waiver of special assessments. Upon the
10request of the land bank and for the purposes of fostering the
11goals and objectives of the land bank, the County, as permitted
12by law, may extinguish special assessments levied by it prior
13to the date of acquisition by the land bank against real
14property controlled by the land bank, and may seek to exempt
15real property controlled by the land bank from the imposition
16of special assessments.
17    (55 ILCS 5/5-45040 new)
18    Sec. 5-45040. Compliance with law. The land bank shall
19comply with all applicable federal and state laws, rules,
20regulations, and orders.
21    (55 ILCS 5/5-45045 new)
22    Sec. 5-45045. No third-party beneficiaries. Except as
23otherwise provided, this Division does not create for any



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1person, other than the County, and is not intended to create by
2implication or otherwise, a direct or indirect benefit,
3obligation, duty, promise, right to be indemnified (such as
4contractually, legally, equitably, or by implication), right
5to be subrogated to the County's rights under this Division, or
6any other right or benefit.
7    (55 ILCS 5/5-45050 new)
8    Sec. 5-45050. Board of Directors. The land bank shall be
9governed by a Board of Directors that shall be appointed by the
10chairman of the County Board, subject to approval by the County
11Board, no later than 45 days after the effective date of this
12amendatory Act of the 101st General Assembly. Members of the
13Board of Directors shall be residents of the County. The Board
14of Directors shall consist of 15 members.
15    (55 ILCS 5/5-45055 new)
16    Sec. 5-45055. Appointment of members. Candidates for the
17Board of Directors appointed by the chairman shall be selected
18from the following categories:
19        (1) one County Board member to serve as an ex officio
20    member with voting rights. The ex officio member shall
21    serve as a liaison between the County Board and the Board
22    of Directors;
23        (2) 3 Peoria County mayors, presidents, or village
24    managers;



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1        (3) one representative from the City of Peoria as
2    recommended by the mayor of the City of Peoria;
3        (4) one representative from the Greater Peoria
4    Economic Development Council;
5        (5) one representative from a community development
6    finance institution;
7        (6) one representative from the banking community;
8        (7) one representative from a local or State realtor
9    association;
10        (8) one representative from the non-profit housing
11    development community;
12        (9) one representative from the commercial or
13    industrial development community;
14        (10) one representative from a City of Peoria community
15    organization;
16        (11) one representative from a Peoria County community
17    organization;
18        (12) one representative from the legal community; and
19        (13) one representative with commercial retail
20    development experience.
21    (55 ILCS 5/5-45060 new)
22    Sec. 5-45060. Term of office.
23    (a) Except as otherwise provided in this Section or Section
245-45075, the members of the Board of Directors shall be
25appointed for a term of 3 years.



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1    (b) The ex officio member shall serve until the expiration
2of his or her County Board term.
3    (c) The initial members, except as provided in subsection
4(b), shall serve terms as follows as determined by lot at the
5Board of Directors first meeting next following all member
7        (1) Four of the members shall serve a term that expires
8    on the January 1 next following the establishment of the
9    land bank, except that these members shall serve until the
10    2nd January 1 next following the establishment of the land
11    bank if the land bank was established after July 1.
12        (2) Four of the members shall serve a term that expires
13    on the January 1 next following the expiration of the
14    members' terms under item (1).
15        (3) Three of the members shall serve a term that
16    expires on the January, 1 next following the expiration of
17    the members' terms under item (2).
18        (4) Three of the members shall serve a term that
19    expires on the January 1 next following the expiration of
20    the members' terms under item (3).
21    (d) After the initial appointed terms under subsection (c),
22each member, other than the ex officio member, shall serve a
23term of 3 years.
24    (e) A member shall serve until a successor is appointed and
25has qualified.
26    (f) A member who is appointed to fill a vacancy, other than



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1a vacancy caused by the expiration of the predecessor's term,
2shall serve until the expiration of his or her predecessor's
4    (g) Other than the ex officio member, a member may not
5serve more than 2 consecutive full terms.
6    (55 ILCS 5/5-45065 new)
7    Sec. 5-45065. Officers.
8    (a) The Board of Directors shall select an initial
9chairperson from among the initial members. The chairperson
10shall serve a 2-year term as chairperson and, thereafter, the
11Board of Directors shall annually elect a chairperson from
12among its members. A member may be elected to serve successive
13terms as chairperson.
14    The chairperson shall preside at meetings of the Board of
15Directors and is entitled to vote on all matters before the
16Board of Directors.
17    (b) The Board of Directors may appoint from its members a
18member to serve as the land bank secretary and appoint
19additional officers from its members as it may deem
21    (55 ILCS 5/5-45070 new)
22    Sec. 5-45070. Removal. A member may be removed for good
23cause by the chairman of the County Board prior to the
24expiration of the member's term of appointment. The chairman of



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1the County Board shall provide written notice to that member,
2the Director, and the County Board of the removal of that
3member from the Board of Directors. The notice shall state the
4specific grounds which constitute cause for removal. The
5member, in receipt of a notice, may request to appear before
6the County Board and present reasons in support of his or her
7retention. Thereafter, the County Board shall vote upon whether
8there are sufficient grounds to remove that member from office.
9The chairman of the County Board shall notify the member of the
10final action of the County Board.
11    (55 ILCS 5/5-45075 new)
12    Sec. 5-45075. Vacancies. Any vacancy on the Board of
13Directors caused by death, resignation, disqualification, or
14removal shall be filled by the chairman of the County Board as
15soon as practicable, but not to exceed 60 days following the
16occurrence of the vacancy. The vacancy shall be filled for the
17remainder of the unexpired term in the same manner as the
18original appointment. Expired terms shall be filled by the
19chairman of the County Board within 60 days of the term's
20expiration in the same manner as the original appointment.
21    (55 ILCS 5/5-45080 new)
22    Sec. 5-45080. Meetings. The Board of Directors shall
23conduct its first meeting no later than 60 days after the
24appointment of the Board of Directors. The place, date, and



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1time of the land bank meetings shall be determined at the
2discretion of the Board of Directors. All meetings of the Board
3of Directors shall comply with the Open Meetings Act.
4    (55 ILCS 5/5-45085 new)
5    Sec. 5-45085. Initial bylaws and policies and procedures.
6The Board of Directors shall adopt bylaws and policies and
7procedures consistent with the provisions of this Division no
8later than 120 days after the first meeting of the Board of
10    (55 ILCS 5/5-45090 new)
11    Sec. 5-45090. Quorum; voting. A quorum is necessary for the
12transaction of any business by the Board of Directors. A
13majority of the members of the Board of Directors shall
14constitute a quorum. The Board of Directors shall act by a
15majority vote of the members at a meeting at which a quorum is
16present, except as otherwise provided in this Division.
17Presence for both quorum and voting at the land bank shall be
18articulated by the Board of Directors in its bylaws or
19procedures in a manner consistent with the Open Meetings Act.
20    (55 ILCS 5/5-45095 new)
21    Sec. 5-45095. Records of meetings. Minutes of all meetings
22of the Board of Directors and its committees shall be made and
23maintained as required by the Open Meetings Act.



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1    (55 ILCS 5/5-45100 new)
2    Sec. 5-45100. Board of Directors responsibilities. The
3Board of Directors shall:
4        (1) ensure that all personnel matters are conducted
5    free from any political interference and in accordance with
6    all applicable laws;
7        (2) ensure that all operations, including contractual
8    matters, are conducted free from any political
9    interference; and
10        (3) ensure efficiency in service delivery and sound
11    fiscal management of all aspects of the land bank including
12    the collection of all revenues from all sources.
13    (55 ILCS 5/5-45105 new)
14    Sec. 5-45105. Board of Directors actions. The Board of
15Directors shall do all of the following:
16        (1) adopt, amend, or repeal rules and policies and
17    procedures governing the Board of Directors and its actions
18    and meetings and adopt, amend, or repeal policies and
19    procedures to implement day-to-day operation of the land
20    bank, including policies governing any staff of the land
21    bank;
22        (2) elect additional officers, including, but not
23    limited to, initial officers who shall be elected at the
24    first meeting of the Board of Directors in accordance with



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1    the bylaws;
2        (3) provide for a system of accounting;
3        (4) adopt or amend the land bank's budget to submit
4    annually to the County Board for approval and adoption in a
5    time frame mandated by Peoria County's Chief Financial
6    Officer;
7        (5) adopt, amend, or repeal policies and procedures for
8    contracting and procurement;
9        (6) commission, collect, and receive data from public,
10    private, professional, and volunteer sources to compile an
11    inventory and analysis of desirable properties for
12    acquisition;
13        (7) establish banking arrangements for the land bank;
14    and
15        (8) organize and reorganize the executive,
16    administrative, clerical, and other departments of the
17    land bank and fix the duties, powers, and compensation of
18    all employees, agents, and consultants of the land bank
19    hired pursuant to Section 5-45125.
20    (55 ILCS 5/5-45110 new)
21    Sec. 5-45110. Fiduciary duty. The members of the Board of
22Directors are under a fiduciary duty to conduct the activities
23and affairs of the land bank in the best interests of the
24residents of the County, including the safekeeping and use of
25all land bank monies and assets. The members of the Board of



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1Directors shall discharge their duties in good faith with the
2care an ordinarily prudent person in a like position would
3exercise under similar circumstances.
4    (55 ILCS 5/5-45115 new)
5    Sec. 5-45115. Compensation. The members of the Board of
6Directors shall receive no compensation for the performance of
7their duties. A member may engage in private or public
8employment or in a profession or business, except to the extent
9prohibited by law or County ordinance. The land bank may
10reimburse members of the Board of Directors for actual and
11necessary expenses incurred in the discharge of their official
12duties as provided by the Board of Directors.
13    (55 ILCS 5/5-45120 new)
14    Sec. 5-45120. Executive Director. The Board of Directors
15shall retain the professional services of an individual to
16perform the duties of an Executive Director on a contractual
17basis with the advice and consent of the chairman of the County
18Board. The Director is not an employee of the land bank or
19County. The Director shall administer the land bank in
20accordance with the operating budget approved by the County
21Board, general policy guidelines established by the Board of
22Directors, other applicable governmental procedures and
23policies, and this Division. The Director is responsible for
24the day-to-day operations of the land bank; the control,



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1management, and oversight of the land bank's functions; and
2supervision of all land bank contractual agreements. All terms
3and conditions of the Director's service shall be specified in
4a written contract between the Director and the Board of
5Directors. The Director may be removed by the chairman of the
6County Board or the Board of Directors, for good cause, prior
7to the expiration of the Director's contract. The Board of
8Directors may delegate to the Director any powers or duties it
9considers proper under such terms, conditions, and to the
10extent that the Board of Directors may specify.
11    (55 ILCS 5/5-45125 new)
12    Sec. 5-45125. Staffing services.
13    (a) The Board of Directors may approve contracts for
14staffing as requested by the Director that are deemed necessary
15to carry out the duties and responsibilities of the land bank
16and in accordance with the policies and procedures established
17by the Board of Directors. Such staff shall be retained
18pursuant to contracts entered into in accordance with the
19procurement rules established by the Board of Directors.
20    (b) If the Board of Directors elects to have staff, staff
21employed by the Board of Directors for the land bank not
22otherwise retained through the Board of Directors' procurement
23rules shall be recruited or employed through the County's
24employment plan, if any, and are County employees.



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1    (55 ILCS 5/5-45130 new)
2    Sec. 5-45130. Ethics and oversight. The land bank and its
3Director, Board of Directors, employees, and contractors are
4subject to County ethics rules or ordinances and County ethics
5officers, if any.
6    (55 ILCS 5/5-45135 new)
7    Sec. 5-45135. Indemnification.
8    (a) Except as otherwise provided in this Section, the
9County shall defend and indemnify the land bank and its members
10from all claims or judgments arising out of their activities as
11members for all negligence claims and claims or judgments
12arising out of land bank activities performed on behalf of the
14    (b) The County is not obligated to indemnify the land bank
15or its members for:
16        (1) Punitive damages or liability arising out of
17    conduct which is based upon willful or wanton conduct.
18        (2) Conduct which is outside of the scope of the land
19    bank's authority.
20        (3) A settlement or judgment in which the County did
21    not participate.
22        (4) The defense of any criminal or disciplinary
23    proceeding.
24    (c) To be eligible for defense and indemnification, the
25land bank or its members shall:



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1        (1) notify, within 5 days of receipt, the County
2    Administrator and the Civil Division of the Peoria County
3    State's Attorney's Office of any claim made against the
4    member or land bank and deliver all written demands,
5    complaints, and other legal papers received by the
6    practitioner with respect to such claim to the County
7    Administrator;
8        (2) cooperate with the State's Attorney's Office in the
9    investigation and defense of any claim against the County
10    or any member, including, but not limited to, preparing for
11    and attending depositions, hearings, and trials and
12    otherwise assisting in securing and giving evidence; and
13        (3) promptly notify the County Administrator and the
14    Civil Division of the Peoria County State's Attorney's
15    Office of any change in the member's address or telephone
16    number.
17    (d) All actions shall be defended by the Peoria County
18State's Attorney. Decisions to settle indemnified claims shall
19be made by the County or the State's Attorney's Office, as
20delegated by the County, and shall not require the consent of
21the indemnified member. If a member declines representation by
22the State's Attorney's Office, the County shall have no
23obligation to defend or indemnify the member.
24    (55 ILCS 5/5-45140 new)
25    Sec. 5-45140. General powers. The land bank has the



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1authority to do all things necessary or convenient to implement
2the purposes, objectives, and provisions of this Division or
3the purposes, objectives, and powers granted to the land bank
4by any federal, state, or local government unit consistent with
5the County's annual budget, including, but not limited to, the
7        (1) to adopt, amend, and repeal bylaws for the
8    regulation of its affairs and the conduct of its business;
9        (2) to acquire by purchase, donation, or other
10    transfers and to hold, lease, manage, and dispose of real
11    property of every kind and character, or any interest
12    therein, in furtherance of the public purposes of the land
13    bank;
14        (3) to discharge and extinguish real property taxes
15    owed to the County, State, or unit of local government
16    pursuant to an agreement with the County, State, or unit of
17    local government that encumber real property owned by the
18    County through the land bank, as permitted by the Property
19    Tax Code or other applicable law;
20        (4) to pay any tax or special assessment due on real
21    property acquired or owned by the land bank;
22        (5) to acquire, accept, or retain equitable interests,
23    security interests, or other interests in real property or
24    other fixtures by loan agreement, note, mortgage, deed to
25    secure debt, trust deed, security agreement, assignment,
26    pledge, conveyance, contract, lien, or other consensual



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1    transfer in order to secure the repayment of any moneys
2    loaned or credit extended by the land bank;
3        (6) borrow money from private lenders, from cities or
4    counties, from the State or from federal government funds,
5    subject to the approval of the County Board, to further or
6    carry out the land bank's public purpose by executing
7    leases, trust indentures, trust agreements, agreements for
8    the sale notes, loan agreements, mortgages, deeds to secure
9    debt, trust deeds, security agreements, assignments, and
10    other agreements or instruments as may be necessary or
11    desirable, in the judgment of the land bank, to evidence
12    and to provide security for the borrowing;
13        (7) to make application directly or indirectly to any
14    federal, state, County, or local unit of government or
15    agency or to any other source, whether public or private,
16    for loans, grants, gifts, guarantees, labor, or other aid
17    or financial assistance in furtherance of the land bank's
18    public purpose and to accept and use the same upon terms
19    and conditions as are prescribed by the federal, state,
20    County, or local unit of government, agency, or other
21    source;
22        (8) to enter into agreements with the federal
23    government or any agency of the federal government to use
24    the facilities or services of the federal government or
25    agency in order to further or carry out the public purposes
26    of the land bank;



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1        (9) to extend credit or make loans to any person,
2    subject to limitations established by the County Board, for
3    the costs of land bank projects which credit or loans may
4    be evidenced or secured by loan agreements, notes,
5    mortgages, deeds to secure debt, trust deeds, security
6    agreements, assignments, or other instruments or by
7    rentals, revenues, fees, or charges, upon terms and
8    conditions as the land bank shall determine to be
9    reasonable in connection with such extension of credit or
10    loans, including provision for the establishment and
11    maintenance of reserve funds, and, in the exercise of
12    powers in connection with a land bank project, the land
13    bank may require the inclusion in a loan agreement, note,
14    mortgage, deed to secure debt, trust deed, security
15    agreement, assignment, or other instrument such provisions
16    or requirements, including but not limited to: guarantee an
17    obligation, insurance, construction, use, operation,
18    maintenance, and financing and other terms and conditions
19    as the land bank may deem necessary or desirable;
20        (10) as security for repayment of any note, or other
21    obligations of the land bank, to pledge, mortgage, convey,
22    assign, hypothecate, or otherwise encumber any property of
23    the land bank, including, but not limited to, real
24    property, fixtures, and revenues or other funds, and to
25    execute any lease, trust indenture, trust agreement,
26    agreement for the sale of the land bank's notes or other



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1    obligations, loan agreement, mortgage, deed to secure
2    debt, trust deed, security agreement, assignment, or other
3    agreement or instrument as may be necessary or desirable,
4    in the judgment of the land bank, to secure any notes or
5    other obligations, which instruments or agreements may
6    provide for foreclosure or forced sale of any real property
7    of the land bank upon default in any obligation of the land
8    bank, either in payment of principal, premium, or interest
9    or in the performance of a term or condition contained in
10    the agreement or instrument;
11        (11) to receive and administer gifts, grants, and
12    bequests of money and real property consistent with the
13    purpose of the land bank;
14        (12) to use any real property or fixtures, or any
15    interest in real property or fixtures, to rent, license, or
16    lease the real property to or from others or make contracts
17    with respect to the use of the real property or fixtures,
18    or to sell, lease, exchange, transfer, assign, pledge, or
19    otherwise dispose of or grant options for the real property
20    in any manner as it deems to be in the best interests of
21    the land bank and the public purpose;
22        (13) to procure insurance or guarantees from the State
23    or federal government of the payments of any debts or parts
24    incurred by the land bank and to pay premiums in connection
25    with the insurance or guarantees;
26        (14) to procure, if required, insurance against losses



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1    in connection with the real property, assets, or activities
2    of the land bank;
3        (15) to enter into contracts and other instruments
4    necessary, incidental, or convenient to the performance of
5    its duties and the exercise of its powers, including, but
6    not limited to, an agreement with a party for the joint
7    exercise of powers. An agreement with a party may include
8    contracts for the performance of services by a party on
9    behalf of the land bank or by the land bank on behalf of a
10    party;
11        (16) to enter into partnerships, joint ventures, and
12    other collaborative relationships with municipalities and
13    other public and private entities for the ownership,
14    management, development, and disposition of real property;
15        (17) to enter into contracts and other instruments
16    necessary, incidental, or convenient to the performance of
17    its duties and the exercise of its powers, including, but
18    not limited to, agreements with a party regarding the
19    disposition of land bank properties located within their
20    boundaries;
21        (18) to finance (by loan, grant, lease, or otherwise),
22    refinance, construct, erect, assemble, purchase, acquire,
23    own, repair, remodel, rehabilitate, modify, maintain,
24    extend, improve, install, sell, equip, expand, add to,
25    operate, or manage real property or rights or interests in
26    real property and to pay the costs of any such project from



HB0842- 22 -LRB101 04952 AWJ 52093 b

1    the proceeds of revenue bonds or loans by persons,
2    corporations, partnerships, whether limited or general, or
3    other entities, all of which the land bank is authorized to
4    receive, accept, and use;
5        (19) to fix, charge, and collect rents, fees, licenses,
6    and charges for the use of real property of the land bank
7    and for services provided by the Land Bank;
8        (20) to grant or acquire a license, easement, lease (as
9    lessor or lessee), or option with respect to real property
10    of the land bank;
11        (21) to enter into contracts with not-for-profit
12    community land trusts, including, but not limited to,
13    long-term lease contracts;
14        (22) to contract for goods and services and employ
15    personnel, as necessary, to be paid from the funds of the
16    land bank. The Board of Directors shall determine the
17    qualifications, duties, and compensation of those it
18    contracts with and employs;
19        (23) to organize and reorganize the executive,
20    administrative, clerical, and other departments of the
21    land bank and to fix the duties, powers, and compensation
22    of all employees, agents, and consultants of the land bank;
23        (24) to remediate environmental contamination on any
24    real property held by the land bank;
25        (25) to acquire, hold, and manage property;
26        (26) to dispose of property; and



HB0842- 23 -LRB101 04952 AWJ 52093 b

1        (27) to do all other things necessary or convenient to
2    achieve the objectives and purposes of the land bank and
3    this Division.
4    (55 ILCS 5/5-45145 new)
5    Sec. 5-45145. County's governmental immunity. Nothing in
6this Division may be construed as a waiver by the County of any
7governmental immunity provided under any applicable law.
8    (55 ILCS 5/5-45150 new)
9    Sec. 5-45150. Discrimination.
10    (a) The land bank shall comply with all applicable laws
11prohibiting discrimination.
12    (b) The land bank shall not provide services in a manner
13that discriminates against an individual because of the actual
14or perceived status, practice, or expression of that
15individual's race, color, sex, age, religion, disability,
16national origin, ancestry, sexual orientation, marital status,
17parental status, military discharge status, source of income,
18gender identity, or housing status or the actual or perceived
19association with such an individual.
20    (c) The land bank shall not refuse to hire, recruit,
21promote, demote, discharge, or otherwise discriminate against
22an individual with respect to employment, compensation or a
23term, condition, or privilege of employment because of the
24actual or perceived status, practice, or expression of that



HB0842- 24 -LRB101 04952 AWJ 52093 b

1individual's race, color, sex, age, religion, disability,
2national origin, ancestry, sexual orientation, marital status,
3parental status, military discharge status, source of income,
4gender identity, or housing status or the actual or perceived
5association with such an individual.
6    (55 ILCS 5/5-45155 new)
7    Sec. 5-45155. Acquisition of property.
8    (a) The land bank may acquire real property or rights or
9interests in real property by gift, bequest, transfer,
10exchange, foreclosure, purchase, purchase contracts, lease
11purchase agreements, installment sales contracts, land
12contracts, tax sale, scavenger sale, or other method of
13acquisition on terms and conditions and in a manner the land
14bank considers proper.
15    (b) The land bank may acquire any property conveyed to it
16by any person, including, but not limited to, property without
17clear title.
18    (c) All deeds, mortgages, contracts, leases, purchases, or
19other agreements regarding real property of the land bank,
20including agreements to acquire or dispose of real property,
21shall be approved by and executed by the land bank in the name
22of the County.
23    (d) The land bank may purchase property in the name of the
24County at tax sales conducted under the Property Tax Code. The
25land bank may tender a bid at a tax sale that is a credit bid



HB0842- 25 -LRB101 04952 AWJ 52093 b

1consisting of the obligation of the land bank to satisfy the
2component parts of the bid by payments to the respective
3political subdivisions.
4    (e) The land bank may make offers to purchase real property
5that is subject to a listing agreement. The offer or purchase
6of a property by the land bank that is subject to a listing
7agreement shall not extinguish any legal rights existing under
8the listing agreement.
9    (55 ILCS 5/5-45160 new)
10    Sec. 5-45160. Execution of legal documents relating to real
11property. Deeds, mortgages, contracts, easements, leases,
12licenses, franchises, purchases, covenants or other agreements
13regarding real property of the land bank, including agreements
14to acquire or dispose of real property, shall be executed in
15the name of the County by the land bank and approved in
16accordance with the bylaws of the land bank.
17    (55 ILCS 5/5-45165 new)
18    Sec. 5-45165. Holding and managing property. The land bank
19may control, manage, maintain, operate, repair, lease as
20lessor, license, secure, prevent the waste or deterioration of,
21demolish, or take all other actions necessary to preserve the
22value of the real property it controls on behalf of the County.
23The land bank shall maintain all real property held by the land
24bank in accordance with applicable laws and codes. Real



HB0842- 26 -LRB101 04952 AWJ 52093 b

1property shall be inventoried and classified by the land bank
2according to suitability for use. The inventory shall be
3maintained as a public record and shall be filed electronically
4and in the principal office of the land bank.
5    (55 ILCS 5/5-45170 new)
6    Sec. 5-45170. Property disposition. On fair and reasonable
7terms and conditions and in a manner and for an amount of
8consideration the land bank considers proper (including for no
9monetary consideration, if appropriate), the land bank may
10convey, sell, transfer, exchange, or otherwise dispose of real
11property or rights or interests in real property which the land
12bank controls and the County holds a legal interest to any
13public or private person. The disposition of real property
14under this Section shall be considered a necessary public
15purpose and for the benefit of the public.
16    (55 ILCS 5/5-45175 new)
17    Sec. 5-45175. Criteria for conveyance. Real property shall
18be conveyed by the land bank in accordance with this Division
19and according to criteria determined in the discretion of the
20Board of Directors and contained in the policies and procedures
21adopted by the Board of Directors. The Board of Directors may
22adopt policies and procedures that set forth priorities for a
23transferee's use of real property conveyed by the land bank,
24including, but not limited to, affordable housing.



HB0842- 27 -LRB101 04952 AWJ 52093 b

1    (55 ILCS 5/5-45180 new)
2    Sec. 5-45180. Transactions.
3    (a) Transactions shall be structured in a manner that
4permits the land bank to enforce contractual agreements, real
5covenants, and the provisions of any subordinate financing held
6by the land bank pertaining to development and use of the real
8    (b) Notwithstanding any other provision of this Division,
9any transaction involving property located within a
10municipality with a population over 100,000 shall only be made
11pursuant to an agreement between that municipality and the land
13    (55 ILCS 5/5-45185 new)
14    Sec. 5-45185. Disposition of proceeds. Any proceeds from
15the sale or transfer of real property by the land bank shall be
16retained, expended, or transferred by the land bank as
17determined by the Board of Directors in the best interests of
18the land bank and in accordance with applicable laws and
20    (55 ILCS 5/5-45190 new)
21    Sec. 5-45190. Intergovernmental agreements.
22    (a) The Board of Directors may negotiate and propose
23intergovernmental agreements necessary, incidental, or



HB0842- 28 -LRB101 04952 AWJ 52093 b

1convenient to the performance of its duties and the exercise of
2its powers with a unit of local government located in whole or
3in part within the County, subject to the approval of the
4County Board. An intergovernmental agreement may include, but
5is not limited to, contracts for the joint exercise of powers,
6contracts for the ownership, management, development, and
7disposition of real property, or contracts for the performance
8of services by a unit of local government on behalf of the land
9bank or by the land bank on behalf of a unit of local
11    (b) A party to an intergovernmental agreement shall agree
12that no party to an intergovernmental agreement shall be
13responsible, in whole or in part, for the acts of the
14employees, agents, and servants of any other party, whether
15acting separately or in conjunction with the implementation of
16an intergovernmental agreement. The parties shall only be bound
17and obligated under an intergovernmental agreement as
18expressly agreed to by each party.
19    (c) All intergovernmental agreements shall be interpreted,
20enforced, and governed under the laws of this State without
21regard to the doctrines of conflict of laws. The language of an
22intergovernmental agreements shall in all cases be construed as
23a whole according to its plain and fair meaning and not
24construed strictly for or against any party.
25    (55 ILCS 5/5-45195 new)



HB0842- 29 -LRB101 04952 AWJ 52093 b

1    Sec. 5-45195. Land bank records. The land bank shall keep
2and maintain at the principal office of the land bank all
3documents and records of the land bank. The records of the land
4bank shall be available to the public and shall include, but
5not be limited to, a copy of this Division, the land bank's
6bylaws, and any agreements and any amendments to an agreement.
7The records and documents shall be maintained and shall be
8delivered to any successor entity.
9    (55 ILCS 5/5-45200 new)
10    Sec. 5-45200. Financial statements and reports. The land
11bank shall annually prepare or have prepared, at the land
12bank's expense, audited financial statements, including
13balance sheet, statement of revenue and expense, statement of
14cash flows, and changes in fund balance. The financial
15statements shall be prepared in accordance with generally
16accepted accounting principles and accompanied by a written
17opinion of an independent certified public accounting firm.
18    (55 ILCS 5/5-45205 new)
19    Sec. 5-45205. Annual budget.
20    (a) The land bank shall prepare an annual budget in a
21manner and under a time frame mandated by Peoria County's Chief
22Financial Officer.
23    (b) For the first complete fiscal year and each fiscal year
24thereafter, the Board of Directors shall recommend, approve,



HB0842- 30 -LRB101 04952 AWJ 52093 b

1and submit an annual budget to be included in the County's
2annual budget for approval by the County Board.
3    (c) The obligations and expenditures of the Board of
4Directors shall conform to the County's annual budget. The
5County Board retains the authority to impose additional
6limitations. A commitment, contract, or other obligation
7entered into by the Board of Directors in violation of this
8Section shall be voidable by the County Board.
9    (55 ILCS 5/5-45210 new)
10    Sec. 5-45210. Deposits and investments.
11    (a) The land bank shall deposit funds of the land bank in a
12special fund to be held by the treasurer of the County. The
13fund shall be designated as the "Land Bank Fund" and the moneys
14in the fund shall be expended exclusively for the operation of
15the land bank.
16    (b) Expenditures of funds from the Land Bank Fund shall be
17in accordance with guidelines established by the Board of
19    (55 ILCS 5/5-45215 new)
20    Sec. 5-45215. Performance objectives. Each fiscal year,
21the Director or other individual designated by the Board of
22Directors shall prepare, for review and approval by the Board
23of Directors, objectives for the land bank's performance.



HB0842- 31 -LRB101 04952 AWJ 52093 b

1    (55 ILCS 5/5-45220 new)
2    Sec. 5-45220. Annual report.
3    (a) The Board of Directors shall submit a report to the
4chairman of the County Board and the County Board, no later
5than 6 months after the end of each fiscal year, which shall
6set forth a complete and detailed operating and financial
7statement of the land bank during the fiscal year.
8    (b) Included in the report shall be any recommendations for
9additional legislation or other action which may be necessary
10to carry out the mission, purpose, and intent of the land bank.
11    (55 ILCS 5/5-45225 new)
12    Sec. 5-45225. Management of funds. The Director or other
13individual designated by the Board of Directors is authorized
14to make deposits and withdraw funds from the Land Bank Fund for
15the management of sales proceeds, revenue, and other land bank
16funds as authorized by the Board of Directors. Standard
17accounting procedures shall be used in the management of
18accounts and approved by the County's treasurer.
19    (55 ILCS 5/5-45230 new)
20    Sec. 5-45230. Authorized expenditures. The land bank
21shall, in its sole discretion and within its budget, expend
22funds as necessary to carry out the powers, duties, functions,
23and responsibilities of the land bank under this Division.



HB0842- 32 -LRB101 04952 AWJ 52093 b

1    (55 ILCS 5/5-45235 new)
2    Sec. 5-45235. Distribution of assets. At a reasonable time
3prior to the repeal of this Division under Section 5-45999, the
4land bank shall wind up its affairs as follows:
5        (1) all of the land bank's debts, liabilities, and
6    obligations to its creditors and all expenses incurred in
7    connection with the termination of the land bank and
8    distribution of its assets shall be paid first; and
9        (2) the remaining real property and personal property
10    owned by the land bank, if any, shall be distributed to any
11    successor entity, subject to approval by the County. If a
12    successor entity does not exist, the remaining real
13    property, personal property, and other assets of the land
14    bank shall become assets of the County unless provided
15    otherwise in any applicable agreement.
16    (55 ILCS 5/5-45240 new)
17    Sec. 5-45240. Interpretation of Division. All powers
18granted to the land bank under this Division shall be
19interpreted broadly to effectuate the intent and purposes of
20this Division and not to serve as a limitation of powers.
21    (55 ILCS 5/5-45245 new)
22    Sec. 5-45245. Report to General Assembly. On or before each
23January 1, the Board of Directors shall file a report with the
24General Assembly as provided in Section 3.1 of the General



HB0842- 33 -LRB101 04952 AWJ 52093 b

1Assembly Organization Act on the Authority's effectiveness in
2meeting the Authority's purposes.
3    (55 ILCS 5/5-45998 new)
4    Sec. 5-45998. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
6    (55 ILCS 5/5-45999 new)
7    Sec. 5-45999. Repeal. This Division is repealed 3 years
8after the effective date of this amendatory Act of the 101st
9General Assembly.



HB0842- 34 -LRB101 04952 AWJ 52093 b

2 Statutes amended in order of appearance
3    55 ILCS 5/Div. 5-45
4    heading new
5    55 ILCS 5/5-45005 new
6    55 ILCS 5/5-45010 new
7    55 ILCS 5/5-45015 new
8    55 ILCS 5/5-45020 new
9    55 ILCS 5/5-45025 new
10    55 ILCS 5/5-45030 new
11    55 ILCS 5/5-45035 new
12    55 ILCS 5/5-45040 new
13    55 ILCS 5/5-45045 new
14    55 ILCS 5/5-45050 new
15    55 ILCS 5/5-45055 new
16    55 ILCS 5/5-45060 new
17    55 ILCS 5/5-45065 new
18    55 ILCS 5/5-45070 new
19    55 ILCS 5/5-45075 new
20    55 ILCS 5/5-45080 new
21    55 ILCS 5/5-45085 new
22    55 ILCS 5/5-45090 new
23    55 ILCS 5/5-45095 new
24    55 ILCS 5/5-45100 new
25    55 ILCS 5/5-45105 new



HB0842- 35 -LRB101 04952 AWJ 52093 b

1    55 ILCS 5/5-45110 new
2    55 ILCS 5/5-45115 new
3    55 ILCS 5/5-45120 new
4    55 ILCS 5/5-45125 new
5    55 ILCS 5/5-45130 new
6    55 ILCS 5/5-45135 new
7    55 ILCS 5/5-45140 new
8    55 ILCS 5/5-45145 new
9    55 ILCS 5/5-45150 new
10    55 ILCS 5/5-45155 new
11    55 ILCS 5/5-45160 new
12    55 ILCS 5/5-45165 new
13    55 ILCS 5/5-45170 new
14    55 ILCS 5/5-45175 new
15    55 ILCS 5/5-45180 new
16    55 ILCS 5/5-45185 new
17    55 ILCS 5/5-45190 new
18    55 ILCS 5/5-45195 new
19    55 ILCS 5/5-45200 new
20    55 ILCS 5/5-45205 new
21    55 ILCS 5/5-45210 new
22    55 ILCS 5/5-45215 new
23    55 ILCS 5/5-45220 new
24    55 ILCS 5/5-45225 new
25    55 ILCS 5/5-45230 new
26    55 ILCS 5/5-45235 new



HB0842- 36 -LRB101 04952 AWJ 52093 b

1    55 ILCS 5/5-45240 new
2    55 ILCS 5/5-45245 new
3    55 ILCS 5/5-45998 new
4    55 ILCS 5/5-45999 new