Illinois General Assembly - Full Text of SB2651
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Full Text of SB2651  103rd General Assembly



SB2651 EngrossedLRB103 34493 AWJ 64325 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 changing
5Sections 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
9held by the county for any term not exceeding 99 years and may
10lease the real estate when, in the opinion of the county board,
11the real estate is no longer necessary, appropriate, required
12for the use of, profitable to, or for the best interests of the
13county. The authority to lease shall be exercised by an
14ordinance passed by three-fourths of the full county board
15then holding office, at any regular meeting or at any special
16meeting called for that purpose.
17    (b) Notwithstanding subsection (a), upon three-fourths
18vote, by the full county board, the county board may lease
19farmland acquired or held by the county for any term not
20exceeding 5 years. Farmland may be leased to either public or
21private entities via a cash lease, crop-sharing arrangement,
22or custom farming arrangement. The bid process for a lease
23entered into under this subsection must be publicly advertised



SB2651 Engrossed- 2 -LRB103 34493 AWJ 64325 b

1and sealed bids must be opened at a county board meeting for
2public review. Counties shall not acquire farmland for the
3sole purpose of entering into a cash lease, crop-sharing
4arrangement, or custom farming arrangement or other
5speculative purpose.
6    (c) The lease of real estate is also permitted when a
7property, structure, or facility owned by the county can be
8used for athletic purposes or museum purposes in the interest
9of the public or for the benefit and enjoyment of residents of
10the 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
14and preservation districts. The county board of each county
15shall 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



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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- 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



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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



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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



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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.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.