Illinois General Assembly - Full Text of SB2268
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Full Text of SB2268  98th General Assembly


Sen. William R. Haine

Filed: 3/5/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 2268 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Township Code is amended by changing
5Section 30-50 as follows:
6    (60 ILCS 1/30-50)
7    Sec. 30-50. Purchase and use of property.
8    (a) The electors may make all orders for the purchase,
9sale, conveyance, regulation, or use of the township's
10corporate property (including the direct sale or lease of
11single township road district property) that may be deemed
12conducive to the interests of its inhabitants, including the
13lease, for up to 10 years, or for up to 25 years if the lease is
14for a wireless telecommunications tower, at fair market value,
15of corporate property for which no use or need during the lease
16period is anticipated at the time of leasing. The property may



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1be leased to another governmental body, however, or to a
2not-for-profit corporation that has contracted to construct or
3fund the construction of a structure or improvement upon the
4real estate owned by the township and that has contracted with
5the township to allow the township to use at least a portion of
6the structure or improvement to be constructed upon the real
7estate leased and not otherwise used by the township, for any
8term not exceeding 50 years and for any consideration. In the
9case of a not-for-profit corporation, the township shall hold a
10public hearing on the proposed lease. The township clerk shall
11give notice of the hearing by publication in a newspaper
12published in the township, or in a newspaper published in the
13county and having general circulation in the township if no
14newspaper is published in the township, and by posting notices
15in at least 5 public places at least 10 days before the public
17    (b) If a new tax is to be levied or an existing tax rate is
18to be increased above the statutory limits for the purchase of
19the property, however, no action otherwise authorized in
20subsection (a) shall be taken unless a petition signed by at
21least 10% of the registered voters residing in the township is
22presented to the township clerk. If a petition is presented to
23the township clerk, the clerk shall order a referendum on the
24proposition. The referendum shall be held at the next annual or
25special township meeting or at an election in accordance with
26the general election law. If the referendum is ordered to be



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1held at the township meeting, the township clerk shall give
2notice that at the next annual or special township meeting the
3proposition shall be voted upon. The notice shall set forth the
4proposition and shall be given by publication in a newspaper
5published in the township. If there is no newspaper published
6in the township, the notice shall be published in a newspaper
7published in the county and having general circulation in the
8township. Notice also shall be given by posting notices in at
9least 5 public places at least 10 days before the township
10meeting. If the referendum is ordered to be held at an
11election, the township clerk shall certify that proposition to
12the proper election officials, who shall submit the proposition
13at an election. The proposition shall be submitted in
14accordance with the general election law.
15    (c) If the leased property is utilized in part for private
16use and in part for public use, those portions of the
17improvements devoted to private use are fully taxable. The land
18is exempt from taxation to the extent that the uses on the land
19are public and taxable to the extent that the uses are private.
20    (d) Before the township makes a lease or sale of township
21or road district real property, the electors shall adopt a
22resolution stating the intent to lease or sell the real
23property, describing the property in full, and stating the
24terms and conditions the electors deem necessary and desirable
25for the lease or sale. A resolution stating the intent to sell
26real property shall also contain pertinent information



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1concerning the size, use, and zoning of the property. The value
2of real property shall be determined by a State licensed real
3estate appraiser. The appraisal shall be available for public
4inspection. The resolution may direct the sale to be conducted
5by the staff of the township or by listing with local licensed
6real estate agencies (in which case the terms of the agent's
7compensation shall be included in the resolution).
8    Anytime during the year, the township or township road
9district may lease or sell dispose of personal property by a
10vote of the township board or request of the township highway
12    The clerk shall thereafter publish the resolution or
13personal property sale notice once in a newspaper published in
14the township or, if no newspaper is published in the township,
15in a newspaper generally circulated in the township. If no
16newspaper is generally circulated in the township, the clerk
17shall post the resolution or personal property sale notice in 5
18of the most public places in the township. In addition to the
19foregoing publication requirements, the clerk shall post the
20resolution or personal property sale notice at the office of
21the township (if township property is involved) or at the
22office of the road district (if road district property is
23involved). The following information shall be published or
24posted with the resolution or personal property sale notice:
25(i) the date by which all bids must be received by the township
26or road district, which shall not be less than 30 days after



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1the date of publication or posting, and (ii) the place, time,
2and date at which bids shall be opened, which shall be at a
3regular meeting of the township board.
4    All bids shall be opened by the clerk (or someone duly
5appointed to act for the clerk) at the regular meeting of the
6township board described in the notice. With respect to
7township personal property, except personal property valued
8for sale at $2,500 or less, the township board may accept the
9high bid or any other bid determined to be in the best
10interests of the township by a majority vote of the board. With
11respect to township real property, the township board may
12accept the high bid or any other bid determined to be in the
13best interests of the township by a vote of three-fourths of
14the township board then holding office, but in no event at a
15price less than 80% of the appraised value. With respect to
16road district property, except personal property valued for
17sale at $2,500 or less, the highway commissioner may accept the
18high bid or any other bid determined to be in the best
19interests of the road district. In each case, the township
20board or commissioner may reject any and all bids. With respect
21to township or road district personal property valued for sale
22at $2,500 or less, the clerk shall accept at least 2 bids and
23the township board or highway commissioner shall accept the
24highest bid. This notice and competitive bidding procedure
25shall not be followed when property is leased to another
26governmental body. The notice and competitive bidding



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1procedure shall not be followed when real or personal property
2is declared surplus by the electors township board or the
3highway commissioner and sold to another governmental body.
4    The township board or the highway commissioner may
5authorize the sale of personal property by public auction
6conducted by an auctioneer licensed under the Auction License
7Act or through an approved Internet auction service.
8    (e) A trade-in of machinery or equipment on new or
9different machinery or equipment does not constitute the sale
10of township or road district property.
11(Source: P.A. 97-337, eff. 8-12-11.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".