Bill Text: IL SB2651 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that a county board may also maintain, restore, rehabilitate, beautify, or adaptively reuse land along scenic byways (in addition to places of architectural significance, historic significance, or scenic significance). Further amends the Counties Code. Provides that the lease of real estate is also permitted when a property, structure, or facility owned by the county can be used for athletic purposes or museum purposes in the interest of the public or for the benefit and enjoyment of residents of the county. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-05-22 - House Committee Amendment No. 1 Referred to Rules Committee [SB2651 Detail]

Download: Illinois-2023-SB2651-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 5-1049.2 and 5-30004 as follows:
(55 ILCS 5/5-1049.2)
Sec. 5-1049.2. Lease of county property.
(a) 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 real estate is no longer necessary, appropriate, required
for the use of, profitable to, or for the best interests of the
county. The authority to lease shall be exercised by an
ordinance passed by three-fourths of the full county board
then holding office, at any regular meeting or at any special
meeting called for that purpose.
(b) Notwithstanding subsection (a), upon three-fourths
vote, by the full county board, the county board may lease
farmland acquired or held by the county for any term not
exceeding 5 years. Farmland may be leased to either public or
private entities via a cash lease, crop-sharing arrangement,
or custom farming arrangement. The bid process for a lease
entered into under this subsection must be publicly advertised

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and sealed bids must be opened at a county board meeting for
public review. Counties shall not acquire farmland for the
sole purpose of entering into a cash lease, crop-sharing
arrangement, or custom farming arrangement or other
speculative purpose.
(c) The lease of real estate is also permitted when a
property, structure, or facility owned by the county can be
used for athletic purposes or museum purposes in the interest
of the public or for the benefit and enjoyment of residents of
the county.
(Source: P.A. 103-415, eff. 8-4-23.)
(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
Sec. 5-30004. Authority to protect and preserve landmarks
and preservation districts. The county board of each county
shall have the following authority:
(1) to establish and appoint by ordinance a
preservation study committee and to take any reasonable
temporary actions to protect potential landmarks and
preservation districts during the term of an appointed
preservation study committee;
(2) to establish and appoint by ordinance a
preservation commission upon recommendation of a
preservation study committee;
(3) to conduct an ongoing survey of the county to
identify buildings, structures, areas, sites and

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landscapes that are of historic, archaeological,
architectural, or scenic significance, and therefore
potential landmarks or preservation districts;
(4) to designate by ordinance landmarks and
preservation districts upon the recommendation of a
preservation commission and to establish a system of
markers, plaques or certificates for designated landmarks
and preservation districts;
(5) to prepare maps showing the location of landmarks
and preservation districts, publish educational
information, and prepare educational programs concerning
landmarks and preservation districts and their designation
and protection;
(6) to exercise any of the powers and authority in
relation to regional planning and zoning granted counties
by Divisions 5-12 and 5-14, for the purpose of protecting,
preserving, and continuing the use of landmarks and
preservation districts;
(7) to nominate landmarks and historic districts to
any state or federal registers of historic places;
(8) to appropriate and expend funds to carry out the
purposes of this Division;
(9) to review applications for construction,
alteration, removal or demolition affecting landmarks or
property within preservation districts;
(10) to acquire by negotiated purchase any interest

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including conservation rights in landmarks or in property
within preservation districts, or property immediately
adjacent to or surrounding landmarks or preservation
districts;
(11) to apply for and accept any gift, grant or
bequest from any private or public source, including
agencies of the federal or State government, for any
purpose authorized by this Division;
(12) to establish a system for the transfer of
development rights including, as appropriate, a mechanism
for the deposit of development rights in a development
rights bank, and for the transfer of development rights
from that development rights bank in the same manner as
authorized for municipalities by Section 11-48.2-2 of the
Illinois Municipal Code. All receipts arising from the
transfer shall be deposited in a special county account to
be applied against expenditures necessitated by the county
program for the designation and protection of landmarks
and preservation districts. Any development rights
acquired, sold or transferred from a development rights
bank, shall not be a "security" as that term is defined in
Section 2.1 of the Illinois Securities Law of 1953, and
shall be exempt from all requirements for the registration
of securities; .
(13) to establish a loan or grant program from any
source of funds for designated landmarks and preservation

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districts and to issue interest bearing revenue bonds or
general obligation bonds pursuant to ordinance enacted by
the county board, after compliance with requirements for
referendum, payable from the revenues to be derived from
the operation of any landmark or of any property within a
preservation district;
(14) to abate real property taxes on any landmark or
property within a preservation district to encourage its
preservation and continued use or to provide relief for
owners unduly burdened by designation;
(15) to advise and assist owners of landmarks and
property within preservation districts on physical and
financial aspects of preservation, renovation,
rehabilitation, and reuse;
(16) to advise cities, villages, or incorporated
towns, upon request of the appropriate official of the
municipality, concerning enactment of ordinances to
protect landmarks or preservation districts;
(17) to exercise within the boundaries of any city,
village, or incorporated town any of the powers and
authority granted counties by this Division so long as the
corporate authorities by ordinance or by intergovernmental
agreement pursuant to the Intergovernmental Cooperation
Act, or pursuant to Article VII, Section 10 of the
Constitution of the State of Illinois have authorized the
county preservation commission established by authority of

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this Division to designate landmarks or preservation
districts within its corporate boundaries, and such county
preservation commission shall have only those powers,
duties, and legal authority provided in this Division;
(18) to exercise any of the above powers to preserve
and protect property owned by any unit of local government
including counties, or to review alteration, construction,
demolition, or removal undertaken by any unit of local
government including counties that affect landmarks and
preservation districts; .
(19) to maintain, restore, rehabilitate, beautify, or
adaptively reuse places of architectural significance,
historic significance, scenic significance, or land along
scenic byways and to lease or license county-held property
to public or private entities for not longer than 99 years
for such purposes. The maintenance, restoration,
rehabilitation, beautification, and adaptive reuse of
places of architectural significance, historic
significance, scenic significance, or land along scenic
byways is declared to be a public use. In this paragraph,
"adaptive reuse" includes adaptation of the property for
any use that does not materially detract from the
architectural, historic, aesthetic, cultural, or scenic
significance of the place.
(20) (19) to exercise any other power or authority
necessary or appropriate to carrying out the purposes of

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this Division, including those powers and authorities
listed in Sections 5-30010 and 5-30011.
(Source: P.A. 101-81, eff. 7-12-19.)