94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4405


 
Introduced 01/05/06, 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 805/6f new






70 ILCS 810/39.1 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 Downstate Forest Preserve District Act, the Cook County Forest Preserve District Act, the Park District Code, and the School Code. Authorizes the Department of Transportation and any unit of local government, forest preserve district, 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, forest preserve district, park district, or school district from erecting any permanent structure upon the property. Effective immediately.
















LRB094 16363 HLH 51614 b

















 


 


A BILL FOR









 











HB4405

LRB094 16363 HLH 51614 b






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    AN ACT concerning local government.

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


 
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    Section 5. The Department of Transportation Law of the

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Civil Administrative Code of Illinois is amended  by adding 
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Section 2705-555.5 as follows:
 
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    (20 ILCS 2705/2705-555.5 new)

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

 
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    Section 10. The Counties Code is amended  by adding Section 
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5-1083.5 as follows:
 
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    (55 ILCS 5/5-1083.5 new)

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    Sec. 5-1083.5. Lease with Department of Transportation for 
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vacant lands. If the Department of Transportation owns vacant 
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land within a county, the county may enter into a lease 
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agreement with the Department for use of the vacant land. The 
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lease agreement may be for less than fair market value and must 
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prohibit the county from erecting any permanent structure upon 
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the property.
 
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    Section 15. The Township Code is amended  by adding Section 
 


 






HB4405
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105-5.5 as follows:
 
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    (60 ILCS 1/105-5.5 new)

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

 
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    Section 20. The Illinois Municipal Code is amended  by 
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adding Section 11-77-5 as follows:
 
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    (65 ILCS 5/11-77-5 new)

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

 
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    Section 22. The Downstate Forest Preserve District Act is 
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amended  by adding Section 6f as follows:
 
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    (70 ILCS 805/6f  new)
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    Sec. 6f. Lease with Department of Transportation
for vacant 
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lands. If the Department of Transportation owns
vacant land 
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within a forest preserve district, the forest preserve district 
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may
enter into a lease agreement with the Department for use of 
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the
vacant land. The lease agreement may be for less than fair

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market value and must prohibit the forest preserve district 
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from
erecting any permanent structure upon the property.
 
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    Section 23. The Cook County Forest Preserve District Act is 
 


 






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amended  by adding Section 39.1 as follows:
 
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    (70 ILCS 810/39.1  new)
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    Sec. 39.1. Lease with Department of Transportation
for 
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vacant lands. If the Department of Transportation owns
vacant 
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land within a forest preserve district, the forest preserve 
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district may
enter into a lease agreement with the Department 
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for use of the
vacant land. The lease agreement may be for less 
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than fair
market value and must prohibit the forest preserve 
9
district from
erecting any permanent structure upon the 
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property.

 
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    Section 25. The Park District Code is amended  by adding 
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Section 8-12a as follows:
 
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    (70 ILCS 1205/8-12a new)

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


 
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    Section 30. The School Code is amended  by adding Section 
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10-22-12a as follows:
 
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    (105 ILCS 5/10-22-12a new)

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    Sec. 10-22-12a. Leases with Department of Transportation 
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for vacant lands. If the Department of Transportation owns 
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vacant land within a school district, the school district may 
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enter into a lease agreement with the  Department for use of the 
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vacant land. The lease agreement may be for less than fair 
29
market value and must prohibit the school district from 
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erecting any permanent structure upon the property.

 
 


 






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