Bill Text: IL SB1630 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Provides that a county may petition the circuit court to have property declared abandoned if the county's petition specifies that the property is not being maintained as shown by the county having to abate a violation more than 3 times within a 12 month period. Provides that a county may transfer an irregular public parcel at no cost to adjoining property owners after receiving no bids after a public auction or no offers after adopting a resolution to sell the irregular public parcel. Defines "irregular public parcel". Amends the Illinois Municipal Code to make similar changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-08-04 - Public Act . . . . . . . . . 99-0269 [SB1630 Detail]
Download: Illinois-2015-SB1630-Engrossed.html
Bill Title: Amends the Counties Code. Provides that a county may petition the circuit court to have property declared abandoned if the county's petition specifies that the property is not being maintained as shown by the county having to abate a violation more than 3 times within a 12 month period. Provides that a county may transfer an irregular public parcel at no cost to adjoining property owners after receiving no bids after a public auction or no offers after adopting a resolution to sell the irregular public parcel. Defines "irregular public parcel". Amends the Illinois Municipal Code to make similar changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-08-04 - Public Act . . . . . . . . . 99-0269 [SB1630 Detail]
Download: Illinois-2015-SB1630-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-1005 as follows:
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6 | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
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7 | Sec. 5-1005. Powers. Each county shall have power:
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8 | 1. To purchase and hold the real and personal estate | ||||||
9 | necessary for the
uses of the county, and to purchase and | ||||||
10 | hold, for the benefit of the
county, real estate sold by | ||||||
11 | virtue of judicial proceedings in which the
county is | ||||||
12 | plaintiff.
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13 | 2. To sell and convey or lease any real or personal | ||||||
14 | estate owned
by the county.
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15 | 3. To make all contracts and do all other acts in | ||||||
16 | relation to the
property and concerns of the county | ||||||
17 | necessary to the exercise of its
corporate powers.
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18 | 4. To take all necessary measures and institute | ||||||
19 | proceedings to
enforce all laws for the prevention of | ||||||
20 | cruelty to animals.
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21 | 5. To purchase and hold or lease real estate upon which | ||||||
22 | may be
erected and maintained buildings to be utilized for | ||||||
23 | purposes of
agricultural experiments and to purchase, hold |
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1 | and use personal property
for the care and maintenance of | ||||||
2 | such real estate in connection with such
experimental | ||||||
3 | purposes.
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4 | 6. To cause to be erected, or otherwise provided, | ||||||
5 | suitable
buildings for, and maintain a county hospital and | ||||||
6 | necessary branch
hospitals and/or a county sheltered care | ||||||
7 | home or county nursing home for
the care of such sick, | ||||||
8 | chronically ill or infirm persons as may by law
be proper | ||||||
9 | charges upon the county, or upon other governmental units, | ||||||
10 | and
to provide for the management of the same. The county | ||||||
11 | board may
establish rates to be paid by persons seeking | ||||||
12 | care and treatment in such
hospital or home in accordance | ||||||
13 | with their financial ability to meet such
charges, either | ||||||
14 | personally or through a hospital plan or hospital
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15 | insurance, and the rates to be paid by governmental units, | ||||||
16 | including the
State, for the care of sick, chronically ill | ||||||
17 | or infirm persons admitted
therein upon the request of such | ||||||
18 | governmental units. Any hospital
maintained by a county | ||||||
19 | under this Section is authorized to provide any
service and | ||||||
20 | enter into any contract or other arrangement not prohibited | ||||||
21 | for
a hospital that is licensed under the Hospital | ||||||
22 | Licensing Act, incorporated
under the General | ||||||
23 | Not-For-Profit Corporation Act, and exempt from taxation
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24 | under paragraph (3) of subsection (c) of Section 501 of the | ||||||
25 | Internal Revenue Code.
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26 | 7. To contribute such sums of money toward erecting, |
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1 | building,
maintaining, and supporting any non-sectarian | ||||||
2 | public hospital located
within its limits as the county | ||||||
3 | board of the county shall deem proper.
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4 | 8. To purchase and hold real estate for the | ||||||
5 | preservation of forests,
prairies and other natural areas | ||||||
6 | and to maintain and regulate the use thereof.
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7 | 9. To purchase and hold real estate for the purpose of | ||||||
8 | preserving
historical spots in the county, to restore, | ||||||
9 | maintain and regulate the
use thereof and to donate any | ||||||
10 | historical spot to the State.
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11 | 10. To appropriate funds from the county treasury to be | ||||||
12 | used in
any manner to be determined by the board for the | ||||||
13 | suppression,
eradication and control of tuberculosis among | ||||||
14 | domestic cattle in such county.
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15 | 11. To take all necessary measures to prevent forest | ||||||
16 | fires and encourage
the maintenance and planting of trees | ||||||
17 | and the preservation of forests.
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18 | 12. To authorize the closing on Saturday mornings of | ||||||
19 | all
offices of all county officers at the county seat of | ||||||
20 | each county, and to
otherwise regulate and fix the days and | ||||||
21 | the hours of opening and closing
of such offices, except | ||||||
22 | when the days and the hours of opening and
closing of the | ||||||
23 | office of any county officer are otherwise fixed by law;
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24 | but the power herein conferred shall not apply to the | ||||||
25 | office of State's
Attorney and the offices of judges and | ||||||
26 | clerks of courts and, in counties of
500,000 or more |
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1 | population, the offices of county clerk.
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2 | 13. To provide for the conservation, preservation and
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3 | propagation of insectivorous birds through the expenditure | ||||||
4 | of funds
provided for such purpose.
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5 | 14. To appropriate funds from the county treasury and | ||||||
6 | expend
the same for care and treatment of tuberculosis | ||||||
7 | residents.
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8 | 15. In counties having less than 1,000,000 | ||||||
9 | inhabitants, to
take all necessary or proper steps for the | ||||||
10 | extermination of mosquitoes,
flies or other insects within | ||||||
11 | the county.
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12 | 16. To install an adequate system of accounts and | ||||||
13 | financial
records in the offices and divisions of the | ||||||
14 | county, suitable to the
needs of the office and in | ||||||
15 | accordance with generally accepted principles
of | ||||||
16 | accounting for governmental bodies, which system may | ||||||
17 | include such
reports as the county board may determine.
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18 | 17. To purchase and hold real estate for the | ||||||
19 | construction and
maintenance of motor vehicle parking | ||||||
20 | facilities for persons using county
buildings, but the | ||||||
21 | purchase and use of such real estate shall not be for
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22 | revenue producing purposes.
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23 | 18. To acquire and hold title to real property located | ||||||
24 | within
the county, or partly within and partly outside the | ||||||
25 | county by
dedication, purchase, gift, legacy or lease, for | ||||||
26 | park and recreational
purposes and to charge reasonable |
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1 | fees for the use of or admission to
any such park or | ||||||
2 | recreational area and to provide police protection for
such | ||||||
3 | park or recreational area. Personnel employed to provide | ||||||
4 | such
police protection shall be conservators of the peace | ||||||
5 | within such park or
recreational area and shall have power | ||||||
6 | to make arrests on view of the
offense or upon warrants for | ||||||
7 | violation of any of the ordinances
governing such park or | ||||||
8 | recreational area or for any breach of the peace
in the | ||||||
9 | same manner as the police in municipalities organized and
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10 | existing under the general laws of the State. All such real | ||||||
11 | property outside
the county shall be contiguous to the | ||||||
12 | county and within the boundaries of
the State of Illinois.
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13 | 19. To appropriate funds from the county treasury to be | ||||||
14 | used
to provide supportive social services designed to | ||||||
15 | prevent the unnecessary
institutionalization of elderly | ||||||
16 | residents, or, for operation of, and
equipment for, senior | ||||||
17 | citizen centers providing social services to elderly
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18 | residents.
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19 | 20. To appropriate funds from the county treasury and | ||||||
20 | loan such funds
to a county water commission created under | ||||||
21 | the "Water Commission Act",
approved June 30, 1984, as now | ||||||
22 | or hereafter amended, in such amounts and
upon such terms | ||||||
23 | as the county may determine or the county and the
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24 | commission may agree. The county shall not under any | ||||||
25 | circumstances be
obligated to make such loans. The county | ||||||
26 | shall not be required to charge
interest on any such loans.
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1 | 21. To appropriate and expend funds from the county | ||||||
2 | treasury for economic development purposes, including the | ||||||
3 | making of grants to any other governmental entity or | ||||||
4 | commercial enterprise deemed necessary or desirable for | ||||||
5 | the promotion of economic development in the county.
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6 | 22. To lease space on a telecommunications tower to a | ||||||
7 | public or private entity. | ||||||
8 | 23. In counties having a population of 100,000 or less | ||||||
9 | and a public building commission organized by the county | ||||||
10 | seat of the county, to cause to be erected or otherwise | ||||||
11 | provided, and to maintain or cause to be maintained, | ||||||
12 | suitable facilities to house students pursuing a | ||||||
13 | post-secondary education at an academic institution | ||||||
14 | located within the county. The county may provide for the | ||||||
15 | management of the facilities. | ||||||
16 | 24. To sell or convey irregular public parcels by | ||||||
17 | ordinance or resolution as provided under Sections 11-76-2 | ||||||
18 | and 11-76-4.3 of the Illinois Municipal Code. "Irregular | ||||||
19 | public parcel" means a parcel of vacant land of limited or | ||||||
20 | narrow size or configurations; parcels of irregular size or | ||||||
21 | shape that would be difficult to develop on a planned basis | ||||||
22 | and in a manner compatible with contemporary standards and | ||||||
23 | requirements; or platting that failed to create | ||||||
24 | rights-of-ways for streets or alleys or that created | ||||||
25 | inadequate right-of-way widths for streets, alleys, or | ||||||
26 | other public rights-of-way or that omitted easements for |
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1 | public utilities that is owned by a municipality. | ||||||
2 | All contracts for the purchase of coal under this Section | ||||||
3 | shall be
subject to the provisions of "An Act concerning the | ||||||
4 | use of Illinois mined
coal in certain plants and institutions", | ||||||
5 | filed July 13, 1937, as amended.
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6 | (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; | ||||||
7 | 96-622, eff. 8-24-09.)
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8 | Section 10. The Illinois Municipal Code is amended by | ||||||
9 | adding Section 11-76-4.3 as follows:
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10 | (65 ILCS 5/11-76-4.3 new) | ||||||
11 | Sec. 11-76-4.3. Irregular parcels; method of sale or | ||||||
12 | transfer. | ||||||
13 | (a) For purposes of this Section: | ||||||
14 | "Irregular public parcel" means a parcel of vacant land of | ||||||
15 | limited or narrow size or configurations; parcels of irregular | ||||||
16 | size or shape that would be difficult to develop on a planned | ||||||
17 | basis and in a manner compatible with contemporary standards | ||||||
18 | and requirements; or platting that failed to create | ||||||
19 | rights-of-ways for streets or alleys or that created inadequate | ||||||
20 | right-of-way widths for streets, alleys, or other public | ||||||
21 | rights-of-way or that omitted easements for public utilities | ||||||
22 | that is owned by a municipality. | ||||||
23 | (b) The corporate authorities of a municipality by | ||||||
24 | resolution may authorize the sale or public auction of an |
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1 | irregular public parcel. The value of the real estate shall be | ||||||
2 | determined by a written MAI certified appraisal or by a written | ||||||
3 | certified appraisal of a State certified or licensed real | ||||||
4 | estate appraiser. The appraisal shall be available for public | ||||||
5 | inspection. The resolution may direct the sale to be conducted | ||||||
6 | by the staff of the municipality; by listing with local | ||||||
7 | licensed real estate agencies, in which case the terms of the | ||||||
8 | agent's compensation shall be included in the resolution; or by | ||||||
9 | public auction. The resolution shall be published at the first | ||||||
10 | opportunity following its passage in a newspaper published in | ||||||
11 | the municipality or, if none, then in a newspaper published in | ||||||
12 | the county where the municipality is located. The resolution | ||||||
13 | shall also contain pertinent information concerning the size, | ||||||
14 | use, and zoning of the real estate and the terms of sale. The | ||||||
15 | corporate authorities may accept any contract proposal | ||||||
16 | determined by them to be in the best interest of the | ||||||
17 | municipality by a vote of two-thirds of the corporate | ||||||
18 | authorities then holding office. | ||||||
19 | (c) If a municipality has either: | ||||||
20 | (1) adopted an ordinance to sell an irregular public | ||||||
21 | parcel under Section 11-76-2 and has received no bid on the | ||||||
22 | irregular public parcel, or | ||||||
23 | (2) adopted a resolution to sell an irregular public | ||||||
24 | parcel under subsection (b) of this Section and has | ||||||
25 | received no offer on an irregular public parcel within 6 | ||||||
26 | months after adoption of the resolution,
then that |
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1 | irregular public parcel may be transferred at no cost to | ||||||
2 | any adjoining property owner of the irregular public parcel | ||||||
3 | by ordinance of the corporate authorities of the | ||||||
4 | municipality by two-thirds vote. | ||||||
5 | (d) When the ordinance to transfer an irregular public | ||||||
6 | parcel at no cost has been adopted and passed pursuant to | ||||||
7 | subsection (c) of this Section, the mayor or president, and the | ||||||
8 | municipal clerk, may convey the irregular public parcel by | ||||||
9 | proper deed of conveyance, stating therein the consideration | ||||||
10 | therefor, with the seal of the municipality.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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