Illinois General Assembly - Full Text of SB1896
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Full Text of SB1896  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/15/2013, by Sen. Andy Manar


50 ILCS 20/14  from Ch. 85, par. 1044

    Amends the Public Building Commission Act. Provides that the Public Building Commission may rent its buildings and facilities to not for profit corporations and non-profit organizations or associations. Provides definitions for these terms. Effective immediately.

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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 Public Building Commission Act is amended by
5changing Section 14 as follows:
6    (50 ILCS 20/14)  (from Ch. 85, par. 1044)
7    Sec. 14. A Public Building Commission is a municipal
8corporation and constitutes a body both corporate and politic
9separate and apart from any other municipal corporation or any
10other public or governmental agency. It may sue and be sued,
11plead and be impleaded, and have a seal and alter such at
12pleasure, have perpetual succession, make and execute
13contracts, leases, deeds and other instruments necessary or
14convenient to the exercise of its powers, and make and from
15time to time amend and repeal its by-laws, rules and
16regulations not inconsistent with this Act. In addition, it has
17and shall exercise the following public and essential
18governmental powers and functions and all other powers
19incidental or necessary, to carry out and effectuate such
20express powers:
21    (a) To select, locate and designate, at any time and from
22time to time, one or more areas lying wholly within the
23territorial limits of the municipality or of the county seat of



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1the county in which the Commission is organized, or within the
2territorial limits of the county if the site is to be used for
3county purposes, or (in the case of a county having a
4population of at least 20,000 but not more than 21,000 as
5determined by the 1980 federal census) within the territorial
6limits of the county if the site is to be used for municipal
7purposes, as the site or sites to be acquired for the erection,
8alteration or improvement of a building or buildings, public
9improvement or other facilities for the purposes set forth in
10this Section. The site or sites selected shall be conveniently
11located within such county, municipality or county seat and of
12an area in size sufficiently large to accomplish and effectuate
13the purpose of this Act and sufficient to provide for proper
14architectural setting and adequate landscaping for such
15building or buildings, public improvement or other facilities.
16    (1) Where the governing body of the county seat or the
17governing body of any municipality with 3,000 or more
18inhabitants has adopted the original resolution for the
19creation of the Commission, the site or sites selected, and in
20the case of a project for an Airport Authority, the site or
21sites selected, the project and any lease agreements, are
22subject to approval by a majority of the members of the
23governing body of the county seat or by a majority of the
24members of the governing body of the municipality. However,
25where the site is for a county project and is outside the
26limits of a municipality, the approval of the site shall be by



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1the county board.
2    (2) Where the original resolution for the creation of the
3Commission has been adopted by the governing body of the
4county, the site or sites selected, and in the case of a
5project for an Airport Authority, the site or sites selected,
6the project and any lease agreements, are subject to approval
7by a majority of the members of the governing body of the
8county and to approval by 3/4 of the members of the governing
9body of the county seat, except that approval of 3/4 of the
10members of the governing body of the county seat is not
11required where the site is for a county or (in the case of a
12county having a population of at least 20,000 but not more than
1321,000 as determined by the 1980 federal census) a municipal
14project and is outside the limits of the county seat, in which
15case approval by 3/4 of the members of the governing body of
16any municipality where the site or sites will be located is
17required; and, if such site or sites so selected, and in the
18case of a project for an Airport Authority, the site or sites
19selected, the project and any lease agreements, are not
20approved by 3/4 of the members of the governing body of the
21county seat the Commission may by resolution request that the
22approval of the site or sites so selected, and in the case of a
23project for an Airport Authority, the site or sites selected,
24the project and any lease agreements, be submitted to a
25referendum at the next general election in accordance with the
26general election law, and shall present such resolution to the



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1county clerk. Upon receipt of such resolution the county clerk
2shall immediately notify the board of election commissioners,
3if any; however, referenda pursuant to such resolution shall
4not be called more frequently than once in 4 years. The
5proposition shall be in substantially the following form:
7    Shall ......... be acquired for the
8erection, alteration or improvement of
9a building or  buildings pursuant to            YES
10the Public Building Commission Act,
11approved July 5, 1955, which project
12it is  estimated will cost $.........,      -----------------
13including the cost of the site
14acquisition and for the payment of which
15revenue bonds in the  amount of $....,           NO
16maturing ....  and bearing interest at
17the  rate of .....% per annum, may be
20    If a majority of the electors voting on the proposition
21vote in favor of the proposition, the site or sites so
22selected, and in the case of a project for an Airport
23Authority, the site or sites selected, the project and any
24lease agreements, shall be approved. Except where approval of
25the site or sites has been obtained by referendum, the area or
26areas may be enlarged by the Board of Commissioners, from time



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1to time, as the need therefor arises. The selection, location
2and designation of more than one area may, but need not, be
3made at one time but may be made from time to time.
4    (b) To acquire the fee simple title to or any lesser
5interest in the real property located within such area or
6areas, including easements and reversionary interests in the
7streets, alleys and other public places and personal property
8required for its purposes, by purchase, gift, legacy, or by the
9exercise of the power of eminent domain, and title thereto
10shall be taken in the corporate name of the Commission. Eminent
11domain proceedings shall be in all respects in the manner
12provided for the exercise of the right of eminent domain under
13the Eminent Domain Act. All land and appurtenances thereto,
14acquired or owned by the Commission are to be deemed acquired
15or owned for a public use or public purpose.
16    Any municipal corporation which owns fee simple title to or
17any lesser interest in real property located within such an
18area, may convey such real property, or any part thereof or
19interest therein, to the Commission with a provision in such
20conveyance for the reverter of such real property or interest
21therein to the transferor municipal corporation at such time as
22all revenue bonds and other obligations of the Commission
23incident to the real property or interest therein so conveyed,
24have been paid in full, and such Commission is hereby
25authorized to accept such a conveyance.
26    (c) To demolish, repair, alter or improve any building or



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1buildings within the area or areas and to erect a new building
2or buildings, improvement and other facilities within the area
3or areas to provide space for the conduct of the executive,
4legislative and judicial functions of government, its various
5branches, departments and agencies thereof and to provide
6buildings, improvements and other facilities for use by local
7government in the furnishing of essential governmental,
8health, safety and welfare services to its citizens; to furnish
9and equip such building or buildings, improvements and other
10facilities, and maintain and operate them so as to effectuate
11the purposes of this Act.
12    (d) To pave and improve streets within such area or areas,
13and to construct, repair and install sidewalks, sewers,
14waterpipes and other similar facilities and site improvements
15within such area or areas and to provide for adequate
16landscaping essential to the preparation of such site or sites
17in accordance with the purposes of this Act.
18    (e) To make provisions for offstreet parking facilities.
19    (f) To operate, maintain, manage and to make and enter into
20contracts for the operation, maintenance and management of such
21buildings and other facilities and to provide rules and
22regulations for the operation, maintenance and management
24    (g) To employ and discharge without regard to any Civil
25Services Act, engineering, architectural, construction,
26design-build, legal and financial experts and such other



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1employees as may be necessary in its judgment to carry out the
2purposes of this Act and to fix compensation for such
3employees, and enter into contracts for the employment of any
4person, firm, or corporation, and for professional services
5necessary or desirable for the accomplishment of the objects
6and purposes of the Commission and the proper administration,
7management, protection and control of its property.
8    (h) To rent all or any part or parts of such building,
9buildings, or other facilities to any municipal corporation
10that organized or joined in the organization of the Public
11Building Commission or to any branch, department, or agency
12thereof, or to any branch, department, or agency of the State
13or Federal government, or to any other state or any agency or
14political subdivision of another state with which the
15Commission has entered into an intergovernmental agreement or
16contract under the Intergovernmental Cooperation Act, or to any
17municipal corporation with which the Commission has entered
18into an intergovernmental agreement or contract under the
19Intergovernmental Cooperation Act, or to any other municipal
20corporation, quasi municipal corporation, political
21subdivision or body politic, or agency thereof, doing business,
22maintaining an office, or rendering a public service in such
23county for any period of time, or to any not for profit
24corporation or any non-profit organization or association. For
25this Section, "not for profit corporation" means an Illinois
26corporation organized and existing under the General Not For



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1Profit Corporation Act of 1986 in good standing with the State
2and having been granted status as an exempt organization under
3Section 501(c) of the Internal Revenue Code, or any successor
4or similar provision of the Internal Revenue Code. "Non-profit
5organization or association" means any organization or
6association where no part of the net earnings enures to the
7lawful benefit of any person.
8    (i) To rent such space in such building or buildings as
9from time to time may not be needed by any governmental agency
10for such other purposes as the Board of Commissioners may
11determine will best serve the comfort and convenience of the
12occupants of such building or buildings, and upon such terms
13and in such manner as the Board of Commissioners may determine.
14    (j) To execute written leases evidencing the rental
15agreements authorized in paragraphs (h) and (i) of this
17    (k) To procure and enter into contracts for any type of
18insurance or indemnity against loss or damage to property from
19any cause, including loss of use and occupancy, against death
20or injury of any person, against employer's liability, against
21any act of any member, officer or employee of the Public
22Building Commission in the performance of the duties of his
23office or employment or any other insurable risk, as the Board
24of Commissioners in its discretion may deem necessary.
25    (l) To accept donations, contributions, capital grants or
26gifts from any individuals, associations, municipal and



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1private corporations and the United States of America, or any
2agency or instrumentality thereof, for or in aid of any of the
3purposes of this Act and to enter into agreements in connection
5    (m) To borrow money from time to time and in evidence
6thereof to issue and sell revenue bonds in such amount or
7amounts as the Board of Commissioners may determine to provide
8funds for the purpose of acquiring, erecting, demolishing,
9improving, altering, equipping, repairing, maintaining and
10operating buildings and other facilities and to acquire sites
11necessary and convenient therefor and to pay all costs and
12expenses incident thereto, including, but without in any way
13limiting the generality of the foregoing, architectural,
14engineering, legal and financing expense, which may include an
15amount sufficient to meet the interest charges on such revenue
16bonds during such period or periods as may elapse prior to the
17time when the project or projects may become revenue producing
18and for one year in addition thereto; and to refund and
19refinance, from time to time, revenue bonds so issued and sold,
20as often as may be deemed to be advantageous by the Board of
22    (n) To enter into any agreement or contract with any
23lessee, who, pursuant to the terms of this Act, is renting or
24is about to rent from the Commission all or part of any
25building or buildings or facilities, whereby under such
26agreement or contract such lessee obligates itself to pay all



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1or part of the cost of maintaining and operating the premises
2so leased. Such agreement may be included as a provision of any
3lease entered into pursuant to the terms of this Act or may be
4made the subject of a separate agreement or contract between
5the Commission and such lessee.
6(Source: P.A. 95-614, eff. 9-11-07; 96-352, eff. 8-13-09.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.