Public Act 098-0258
 
HB2820 EnrolledLRB098 07319 OMW 37382 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Building Commission Act is amended by
changing Section 14 as follows:
 
    (50 ILCS 20/14)  (from Ch. 85, par. 1044)
    Sec. 14. A Public Building Commission is a municipal
corporation and constitutes a body both corporate and politic
separate and apart from any other municipal corporation or any
other public or governmental agency. It may sue and be sued,
plead and be impleaded, and have a seal and alter such at
pleasure, have perpetual succession, make and execute
contracts, leases, deeds and other instruments necessary or
convenient to the exercise of its powers, and make and from
time to time amend and repeal its by-laws, rules and
regulations not inconsistent with this Act. In addition, it has
and shall exercise the following public and essential
governmental powers and functions and all other powers
incidental or necessary, to carry out and effectuate such
express powers:
    (a) To select, locate and designate, at any time and from
time to time, one or more areas lying wholly within the
territorial limits of the municipality or of the county seat of
the county in which the Commission is organized, or within the
territorial limits of the county if the site is to be used for
county purposes, or (in the case of a county having a
population of at least 20,000 but not more than 21,000 as
determined by the 1980 federal census) within the territorial
limits of the county if the site is to be used for municipal
purposes, as the site or sites to be acquired for the erection,
alteration or improvement of a building or buildings, public
improvement or other facilities for the purposes set forth in
this Section. The site or sites selected shall be conveniently
located within such county, municipality or county seat and of
an area in size sufficiently large to accomplish and effectuate
the purpose of this Act and sufficient to provide for proper
architectural setting and adequate landscaping for such
building or buildings, public improvement or other facilities.
    (1) Where the governing body of the county seat or the
governing body of any municipality with 3,000 or more
inhabitants has adopted the original resolution for the
creation of the Commission, the site or sites selected, and in
the case of a project for an Airport Authority, the site or
sites selected, the project and any lease agreements, are
subject to approval by a majority of the members of the
governing body of the county seat or by a majority of the
members of the governing body of the municipality. However,
where the site is for a county project and is outside the
limits of a municipality, the approval of the site shall be by
the county board.
    (2) Where the original resolution for the creation of the
Commission has been adopted by the governing body of the
county, the site or sites selected, and in the case of a
project for an Airport Authority, the site or sites selected,
the project and any lease agreements, are subject to approval
by a majority of the members of the governing body of the
county and to approval by 3/4 of the members of the governing
body of the county seat, except that approval of 3/4 of the
members of the governing body of the county seat is not
required where the site is for a county or (in the case of a
county having a population of at least 20,000 but not more than
21,000 as determined by the 1980 federal census) a municipal
project and is outside the limits of the county seat, in which
case approval by 3/4 of the members of the governing body of
any municipality where the site or sites will be located is
required; and, if such site or sites so selected, and in the
case of a project for an Airport Authority, the site or sites
selected, the project and any lease agreements, are not
approved by 3/4 of the members of the governing body of the
county seat the Commission may by resolution request that the
approval of the site or sites so selected, and in the case of a
project for an Airport Authority, the site or sites selected,
the project and any lease agreements, be submitted to a
referendum at the next general election in accordance with the
general election law, and shall present such resolution to the
county clerk. Upon receipt of such resolution the county clerk
shall immediately notify the board of election commissioners,
if any; however, referenda pursuant to such resolution shall
not be called more frequently than once in 4 years. The
proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall ......... be acquired for the
erection, alteration or improvement of
a building or  buildings pursuant to            YES
the Public Building Commission Act,
approved July 5, 1955, which project
it is  estimated will cost $.........,      -----------------
including the cost of the site
acquisition and for the payment of which
revenue bonds in the  amount of $....,           NO
maturing ....  and bearing interest at
the  rate of .....% per annum, may be
issued?
-------------------------------------------------------------
    If a majority of the electors voting on the proposition
vote in favor of the proposition, the site or sites so
selected, and in the case of a project for an Airport
Authority, the site or sites selected, the project and any
lease agreements, shall be approved. Except where approval of
the site or sites has been obtained by referendum, the area or
areas may be enlarged by the Board of Commissioners, from time
to time, as the need therefor arises. The selection, location
and designation of more than one area may, but need not, be
made at one time but may be made from time to time.
    (b) To acquire the fee simple title to or any lesser
interest in the real property located within such area or
areas, including easements and reversionary interests in the
streets, alleys and other public places and personal property
required for its purposes, by purchase, gift, legacy, or by the
exercise of the power of eminent domain, and title thereto
shall be taken in the corporate name of the Commission. Eminent
domain proceedings shall be in all respects in the manner
provided for the exercise of the right of eminent domain under
the Eminent Domain Act. All land and appurtenances thereto,
acquired or owned by the Commission are to be deemed acquired
or owned for a public use or public purpose.
    Any municipal corporation which owns fee simple title to or
any lesser interest in real property located within such an
area, may convey such real property, or any part thereof or
interest therein, to the Commission with a provision in such
conveyance for the reverter of such real property or interest
therein to the transferor municipal corporation at such time as
all revenue bonds and other obligations of the Commission
incident to the real property or interest therein so conveyed,
have been paid in full, and such Commission is hereby
authorized to accept such a conveyance.
    (c) To demolish, repair, alter or improve any building or
buildings within the area or areas and to erect a new building
or buildings, improvement and other facilities within the area
or areas to provide space for the conduct of the executive,
legislative and judicial functions of government, its various
branches, departments and agencies thereof and to provide
buildings, improvements and other facilities for use by local
government in the furnishing of essential governmental,
health, safety and welfare services to its citizens; to furnish
and equip such building or buildings, improvements and other
facilities, and maintain and operate them so as to effectuate
the purposes of this Act.
    (d) To pave and improve streets within such area or areas,
and to construct, repair and install sidewalks, sewers,
waterpipes and other similar facilities and site improvements
within such area or areas and to provide for adequate
landscaping essential to the preparation of such site or sites
in accordance with the purposes of this Act.
    (e) To make provisions for offstreet parking facilities.
    (f) To operate, maintain, manage and to make and enter into
contracts for the operation, maintenance and management of such
buildings and other facilities and to provide rules and
regulations for the operation, maintenance and management
thereof.
    (g) To employ and discharge without regard to any Civil
Services Act, engineering, architectural, construction,
design-build, legal and financial experts and such other
employees as may be necessary in its judgment to carry out the
purposes of this Act and to fix compensation for such
employees, and enter into contracts for the employment of any
person, firm, or corporation, and for professional services
necessary or desirable for the accomplishment of the objects
and purposes of the Commission and the proper administration,
management, protection and control of its property.
    (h) To rent all or any part or parts of such building,
buildings, or other facilities to any municipal corporation
that organized or joined in the organization of the Public
Building Commission or to any branch, department, or agency
thereof, or to any branch, department, or agency of the State
or Federal government, or to any other state or any agency or
political subdivision of another state with which the
Commission has entered into an intergovernmental agreement or
contract under the Intergovernmental Cooperation Act, or to any
municipal corporation with which the Commission has entered
into an intergovernmental agreement or contract under the
Intergovernmental Cooperation Act, or to any other municipal
corporation, quasi municipal corporation, political
subdivision or body politic, or agency thereof, doing business,
maintaining an office, or rendering a public service in such
county for any period of time, or to any not for profit
corporation or any non-profit organization or association. For
this Section, "not for profit corporation" means an Illinois
corporation organized and existing under the General Not For
Profit Corporation Act of 1986 in good standing with the State
and having been granted status as an exempt organization under
Section 501(c) of the Internal Revenue Code, or any successor
or similar provision of the Internal Revenue Code. "Non-profit
organization or association" means any organization or
association where no part of the net earnings enures to the
lawful benefit of any person.
    (i) To rent such space in such building or buildings as
from time to time may not be needed by any governmental agency
for such other purposes as the Board of Commissioners may
determine will best serve the comfort and convenience of the
occupants of such building or buildings, and upon such terms
and in such manner as the Board of Commissioners may determine.
    (j) To execute written leases evidencing the rental
agreements authorized in paragraphs (h) and (i) of this
Section.
    (k) To procure and enter into contracts for any type of
insurance or indemnity against loss or damage to property from
any cause, including loss of use and occupancy, against death
or injury of any person, against employer's liability, against
any act of any member, officer or employee of the Public
Building Commission in the performance of the duties of his
office or employment or any other insurable risk, as the Board
of Commissioners in its discretion may deem necessary.
    (l) To accept donations, contributions, capital grants or
gifts from any individuals, associations, municipal and
private corporations and the United States of America, or any
agency or instrumentality thereof, for or in aid of any of the
purposes of this Act and to enter into agreements in connection
therewith.
    (m) To borrow money from time to time and in evidence
thereof to issue and sell revenue bonds in such amount or
amounts as the Board of Commissioners may determine to provide
funds for the purpose of acquiring, erecting, demolishing,
improving, altering, equipping, repairing, maintaining and
operating buildings and other facilities and to acquire sites
necessary and convenient therefor and to pay all costs and
expenses incident thereto, including, but without in any way
limiting the generality of the foregoing, architectural,
engineering, legal and financing expense, which may include an
amount sufficient to meet the interest charges on such revenue
bonds during such period or periods as may elapse prior to the
time when the project or projects may become revenue producing
and for one year in addition thereto; and to refund and
refinance, from time to time, revenue bonds so issued and sold,
as often as may be deemed to be advantageous by the Board of
Commissioners.
    (n) To enter into any agreement or contract with any
lessee, who, pursuant to the terms of this Act, is renting or
is about to rent from the Commission all or part of any
building or buildings or facilities, whereby under such
agreement or contract such lessee obligates itself to pay all
or part of the cost of maintaining and operating the premises
so leased. Such agreement may be included as a provision of any
lease entered into pursuant to the terms of this Act or may be
made the subject of a separate agreement or contract between
the Commission and such lessee.
(Source: P.A. 95-614, eff. 9-11-07; 96-352, eff. 8-13-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.