HB7350 93RD GENERAL ASSEMBLY

LRB093 23741 MKM 53759 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7350

Introduced 11/8/2004, by Rep. Ed Sullivan, Jr.

SYNOPSIS AS INTRODUCED:

20 ILCS 2705/2705-555.5 new
55 ILCS 5/5-1083.5 new
60 ILCS 1/105-5.5 new
65 ILCS 5/11-77-5 new
70 ILCS 1205/8-12a new
105 ILCS 5/10-22-12a new

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois, the Counties Code, the Township Code, the Illinois Municipal Code, the Park District Code, and the School Code. Authorizes the Department of Transportation and any unit of local government, park district, or school district that contains vacant lands owned by the Department to enter into a lease agreement for the use of those vacant lands. Provides that the lease agreement may be for less than fair market value and must prohibit the unit of local government, park district, or school district from erecting any permanent structure upon the property.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-555.5 as follows:

(20 ILCS 2705/2705-555.5 new)

Sec. 2705-555.5. Lease of vacant land to unit of local government or school district. If the Department owns vacant land within a unit of local government, park district, or school district, the Department of Transportation may enter into a lease agreement with the unit of local government, park district, or the school district for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the unit of local government, park district, or school district from erecting any permanent structure upon the property.

Section 10. The Counties Code is amended by adding Section 5-1083.5 as follows:

(55 ILCS 5/5-1083.5 new)

Sec. 5-1083.5. Lease with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a county, the county may enter into a lease agreement with the Department for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the county from erecting any permanent structure upon the property.

Section 15. The Township Code is amended by adding Section 105-5.5 as follows:

(60 ILCS 1/105-5.5 new)

Sec. 105-5.5. Lease with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a township, the Department may enter into a lease agreement with the township for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the township from erecting any permanent structure upon the property.

Section 20. The Illinois Municipal Code is amended by adding Section 11-77-5 as follows:

(65 ILCS 5/11-77-5 new)

Sec. 11-77-5. Lease with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a municipality, the Department of Transportation may enter into a lease agreement with the municipality for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the municipality from erecting any permanent structure upon the property.

Section 25. The Park District Code is amended by adding Section 8-12a as follows:

(70 ILCS 1205/8-12a new)

Sec. 8-12a. Leases with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a park district, the park district may enter into a lease agreement with the Department for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the park district from erecting any permanent structure upon the property.

Section 30. The School Code is amended by adding Section 10-22-12a as follows:

(105 ILCS 5/10-22-12a new)

Sec. 10-22-12a. Leases with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a school district, the school district may enter into a lease agreement with the Department for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the school district from erecting any permanent structure upon the property.