102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5364

 

Introduced 1/31/2022, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1049.2
55 ILCS 5/5-1049.3 new

    Amends the Counties code. Provides that the county board may lease real estate acquired or held by the county for any term not exceeding 99 years and may lease the real estate when, in the opinion of the county board, the leasing of the real estate is appropriate, in the best interests of the county, and serves a public purpose, excluding a public purpose of financially supporting the operations of government or revenue generation (currently, the board may lease if the real estate is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the county). Provides that the county shall not acquire, hold, own, or lease real estate for the exclusive public purpose of financially supporting the operation of government or for the purpose of revenue generation. Provides that the county board shall sell real estate if the county board determines, by ordinance or resolution passed by three-fourths of the county board, that the ownership or the leasing of the real estate is no longer necessary, appropriate, required for the use of, or for the best interests of the county. Provides that, if the county board has determined by ordinance or resolution to sell real estate owned by the county under the provisions, the county shall, by ordinance or resolution passed by a majority vote, determine the terms of sale of the real estate. Effective immediately.


LRB102 25368 AWJ 34648 b

 

 

A BILL FOR

 

HB5364LRB102 25368 AWJ 34648 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
5Section 5-1049.2 and by adding Section 5-1049.3 as follows:
 
6    (55 ILCS 5/5-1049.2)
7    Sec. 5-1049.2. Lease of county property. The county board
8may lease real estate acquired or held by the county for any
9term not exceeding 99 years and may lease the real estate when,
10in the opinion of the county board, the leasing of the real
11estate is appropriate, in the best interests of the county,
12and serves a public purpose, excluding a public purpose of
13financially supporting the operations of government or revenue
14generation the real estate is no longer necessary,
15appropriate, required for the use of, profitable to, or for
16the best interests of the county. The authority to lease shall
17be exercised by an ordinance passed by three-fourths of the
18county board members then holding office, at any regular
19meeting or at any special meeting called for that purpose.
20However, the county board may authorize any county officer to
21make leases for terms not exceeding 2 years in a manner
22determined by the board Board.
23(Source: P.A. 88-526.)
 

 

 

HB5364- 2 -LRB102 25368 AWJ 34648 b

1    (55 ILCS 5/5-1049.3 new)
2    Sec. 5-1049.3. Real estate for revenue generation; real
3estate no longer necessary.
4    (a) The county shall not acquire, hold, own, or lease real
5estate for the exclusive public purpose of financially
6supporting the operation of government or for the purpose of
7revenue generation.
8    (b) The county board shall sell real estate if the county
9board determines, by ordinance or resolution passed by
10three-fourths of the county board, that the ownership or the
11leasing of the real estate is no longer necessary,
12appropriate, required for the use of, or for the best
13interests of the county. If the county board has determined by
14ordinance or resolution to sell real estate owned by the
15county under this subsection, the county shall, by ordinance
16or resolution passed by a majority vote, determine the terms
17of sale of the real estate.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.