Illinois General Assembly - Full Text of SB2435
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Full Text of SB2435  99th General Assembly




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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 Section
55-1005 as follows:
6    (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)
7    Sec. 5-1005. Powers. Each county shall have power:
8        1. To purchase and hold the real and personal estate
9    necessary for the uses of the county, and to purchase and
10    hold, for the benefit of the county, real estate sold by
11    virtue of judicial proceedings in which the county is
12    plaintiff.
13        2. To sell and convey or lease any real or personal
14    estate owned by the county.
15        3. To make all contracts and do all other acts in
16    relation to the property and concerns of the county
17    necessary to the exercise of its corporate powers.
18        4. To take all necessary measures and institute
19    proceedings to enforce all laws for the prevention of
20    cruelty to animals.
21        5. To purchase and hold or lease real estate upon which
22    may be erected and maintained buildings to be utilized for
23    purposes of agricultural experiments and to purchase, hold



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1    and use personal property for the care and maintenance of
2    such real estate in connection with such experimental
3    purposes.
4        6. To cause to be erected, or otherwise provided,
5    suitable buildings for, and maintain a county hospital and
6    necessary branch hospitals and/or a county sheltered care
7    home or county nursing home for the care of such sick,
8    chronically ill or infirm persons as may by law be proper
9    charges upon the county, or upon other governmental units,
10    and to provide for the management of the same. The county
11    board may establish rates to be paid by persons seeking
12    care and treatment in such hospital or home in accordance
13    with their financial ability to meet such charges, either
14    personally or through a hospital plan or hospital
15    insurance, and the rates to be paid by governmental units,
16    including the State, for the care of sick, chronically ill
17    or infirm persons admitted therein upon the request of such
18    governmental units. Any hospital maintained by a county
19    under this Section is authorized to provide any service and
20    enter into any contract or other arrangement not prohibited
21    for a hospital that is licensed under the Hospital
22    Licensing Act, incorporated under the General
23    Not-For-Profit Corporation Act, and exempt from taxation
24    under paragraph (3) of subsection (c) of Section 501 of the
25    Internal Revenue Code.
26        7. To contribute such sums of money toward erecting,



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1    building, maintaining, and supporting any non-sectarian
2    public hospital located within its limits as the county
3    board of the county shall deem proper.
4        8. To purchase and hold real estate for the
5    preservation of forests, prairies and other natural areas
6    and to maintain and regulate the use thereof.
7        9. To purchase and hold real estate for the purpose of
8    preserving historical spots in the county, to restore,
9    maintain and regulate the use thereof and to donate any
10    historical spot to the State.
11        10. To appropriate funds from the county treasury to be
12    used in any manner to be determined by the board for the
13    suppression, eradication and control of tuberculosis among
14    domestic cattle in such county.
15        11. To take all necessary measures to prevent forest
16    fires and encourage the maintenance and planting of trees
17    and the preservation of forests.
18        12. To authorize the closing on Saturday mornings of
19    all offices of all county officers at the county seat of
20    each county, and to otherwise regulate and fix the days and
21    the hours of opening and closing of such offices, except
22    when the days and the hours of opening and closing of the
23    office of any county officer are otherwise fixed by law;
24    but the power herein conferred shall not apply to the
25    office of State's Attorney and the offices of judges and
26    clerks of courts and, in counties of 500,000 or more



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1    population, the offices of county clerk.
2        13. To provide for the conservation, preservation and
3    propagation of insectivorous birds through the expenditure
4    of funds provided for such purpose.
5        14. To appropriate funds from the county treasury and
6    expend the same for care and treatment of tuberculosis
7    residents.
8        15. In counties having less than 1,000,000
9    inhabitants, to take all necessary or proper steps for the
10    extermination of mosquitoes, flies or other insects within
11    the county.
12        16. To install an adequate system of accounts and
13    financial records in the offices and divisions of the
14    county, suitable to the needs of the office and in
15    accordance with generally accepted principles of
16    accounting for governmental bodies, which system may
17    include such reports as the county board may determine.
18        17. To purchase and hold real estate for the
19    construction and maintenance of motor vehicle parking
20    facilities for persons using county buildings, but the
21    purchase and use of such real estate shall not be for
22    revenue producing purposes.
23        18. To acquire and hold title to real property located
24    within the county, or partly within and partly outside the
25    county by dedication, purchase, gift, legacy or lease, for
26    park and recreational purposes and to charge reasonable



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1    fees for the use of or admission to any such park or
2    recreational area and to provide police protection for such
3    park or recreational area. Personnel employed to provide
4    such police protection shall be conservators of the peace
5    within such park or recreational area and shall have power
6    to make arrests on view of the offense or upon warrants for
7    violation of any of the ordinances governing such park or
8    recreational area or for any breach of the peace in the
9    same manner as the police in municipalities organized and
10    existing under the general laws of the State. All such real
11    property outside the county shall be contiguous to the
12    county and within the boundaries of the State of Illinois.
13        19. To appropriate funds from the county treasury to be
14    used to provide supportive social services designed to
15    prevent the unnecessary institutionalization of elderly
16    residents, or, for operation of, and equipment for, senior
17    citizen centers providing social services to elderly
18    residents.
19        20. To appropriate funds from the county treasury and
20    loan such funds to a county water commission created under
21    the "Water Commission Act", approved June 30, 1984, as now
22    or hereafter amended, in such amounts and upon such terms
23    as the county may determine or the county and the
24    commission may agree. The county shall not under any
25    circumstances be obligated to make such loans. The county
26    shall not be required to charge interest on any such loans.



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1        21. To appropriate and expend funds from the county
2    treasury for economic development purposes, including the
3    making of grants to any other governmental entity or
4    commercial enterprise deemed necessary or desirable for
5    the promotion of economic development in the county.
6        22. To lease space on a telecommunications tower to a
7    public or private entity.
8        23. In counties having a population of 100,000 or less
9    and a public building commission organized by the county
10    seat of the county, to cause to be erected or otherwise
11    provided, and to maintain or cause to be maintained,
12    suitable facilities to house students pursuing a
13    post-secondary education at an academic institution
14    located within the county. The county may provide for the
15    management of the facilities.
16        24. To sell or convey irregular public parcels by
17    ordinance or resolution as provided under Sections 11-76-2
18    and 11-76-4.3 of the Illinois Municipal Code. "Irregular
19    public parcel" means a parcel of vacant land of limited or
20    narrow size or configurations; parcels of irregular size or
21    shape that would be difficult to develop on a planned basis
22    and in a manner compatible with contemporary standards and
23    requirements; or platting that failed to create
24    rights-of-way for streets or alleys or that created
25    inadequate right-of-way widths for streets, alleys, or
26    other public rights-of-way or that omitted easements for



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1    public utilities that is owned by a municipality.
2    All contracts for the purchase of coal under this Section
3shall be subject to the provisions of "An Act concerning the
4use of Illinois mined coal in certain plants and institutions",
5filed July 13, 1937, as amended.
6(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
796-622, eff. 8-24-09.)
8    Section 10. The Illinois Municipal Code is amended by
9adding Section 11-76-4.3 as follows:
10    (65 ILCS 5/11-76-4.3 new)
11    Sec. 11-76-4.3. Irregular parcels; method of sale or
13    (a) For purposes of this Section:
14    "Irregular public parcel" means a parcel of vacant land of
15limited or narrow size or configurations; parcels of irregular
16size or shape that would be difficult to develop on a planned
17basis and in a manner compatible with contemporary standards
18and requirements; or platting that failed to create
19rights-of-way for streets or alleys or that created inadequate
20right-of-way widths for streets, alleys, or other public
21rights-of-way or that omitted easements for public utilities
22that is owned by a municipality.
23    (b) The corporate authorities of a municipality by
24resolution may authorize the sale or public auction of an



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1irregular public parcel. The value of the real estate shall be
2determined by a written MAI certified appraisal or by a written
3certified appraisal of a State certified or licensed real
4estate appraiser. The appraisal shall be available for public
5inspection. The resolution may direct the sale to be conducted
6by the staff of the municipality; by listing with local
7licensed real estate agencies, in which case the terms of the
8agent's compensation shall be included in the resolution; or by
9public auction. The resolution shall be published at the first
10opportunity following its passage in a newspaper published in
11the municipality or, if none, then in a newspaper published in
12the county where the municipality is located. The resolution
13shall also contain pertinent information concerning the size,
14use, and zoning of the real estate and the terms of sale. The
15corporate authorities may accept any contract proposal
16determined by them to be in the best interest of the
17municipality by a vote of two-thirds of the corporate
18authorities then holding office.
19    (c) If a municipality has either:
20        (1) adopted an ordinance to sell an irregular public
21    parcel under Section 11-76-2 and has received no bid on the
22    irregular public parcel, or
23        (2) adopted a resolution to sell an irregular public
24    parcel under subsection (b) of this Section and has
25    received no offer on an irregular public parcel within 6
26    months after adoption of the resolution,



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1then that irregular public parcel may be transferred at no cost
2to any adjoining property owner of the irregular public parcel
3by ordinance of the corporate authorities of the municipality
4by two-thirds vote.
5    (d) When the ordinance to transfer an irregular public
6parcel at no cost has been adopted and passed pursuant to
7subsection (c) of this Section, the mayor or president, and the
8municipal clerk, may convey the irregular public parcel by
9proper deed of conveyance, stating therein the consideration
10therefor, with the seal of the municipality.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.