HB0874sam002 94TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 3/27/2006

09400HB0874sam002 LRB094 03595 HLH 57605 a

AMENDMENT TO HOUSE BILL 874

AMENDMENT NO. ______. Amend House Bill 874 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-555.5 as follows:

(20 ILCS 2705/2705-555.5 new)

Sec. 2705-555.5. Lease of vacant land to unit of local government or school district. If the Department owns vacant land within a unit of local government, forest preserve district, park district, or school district, the Department of Transportation may enter into a lease agreement for a term of one year with the unit of local government, forest preserve district, park district, or the school district for use of the vacant land. 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.

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 10. The Counties Code is amended by adding Section 5-1083.5 as follows:

(55 ILCS 5/5-1083.5 new)

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

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 15. The Township Code is amended by adding Section 105-5.5 as follows:

(60 ILCS 1/105-5.5 new)

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

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 20. The Illinois Municipal Code is amended by changing Section 11-55-2 and by adding Section 11-77-5 as follows:

(65 ILCS 5/11-55-2) (from Ch. 24, par. 11-55-2)

Sec. 11-55-2. No municipality with a population of less than 1,000,000, including a home rule unit, may increase the fee for a license to own or operate a vending machine or to dispense goods or services therefrom unless notice of a public hearing on the matter has been given and such hearing has been held. The amount of the increase annually shall not exceed the greater of (i) $25, (ii) the amount of the fee multiplied by 5%, or (iii) the amount of the fee multiplied by the percentage increase in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor during the 12-month calendar year preceding the year in which the fee is increased. Notice of the proposed increase shall be mailed at least 30 days before the hearing to the last known address of each person currently holding such a license. It is declared to be the law of this State, pursuant to paragraph (g) of Section 6 of Article VII of the Illinois Constitution, that this Section amendatory Act of 1986 is a denial of the power of certain home rule units to increase vending machine license fees without complying with the requirements of this Section.

(Source: P.A. 84-1479.)

(65 ILCS 5/11-77-5 new)

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

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 22. The Downstate Forest Preserve District Act is amended by adding Section 6f as follows:

(70 ILCS 805/6f new)

Sec. 6f. Lease with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a forest preserve district, the forest preserve district may enter into a lease agreement with the Department for a term of one year for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the forest preserve district from erecting any permanent structure upon the property.

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 23. The Cook County Forest Preserve District Act is amended by adding Section 39.1 as follows:

(70 ILCS 810/39.1 new)

Sec. 39.1. Lease with Department of Transportation for vacant lands. If the Department of Transportation owns vacant land within a forest preserve district, the forest preserve district may enter into a lease agreement with the Department for a term of one year for use of the vacant land. The lease agreement may be for less than fair market value and must prohibit the forest preserve district from erecting any permanent structure upon the property.

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 25. The Park District Code is amended by adding Section 8-12a as follows:

(70 ILCS 1205/8-12a new)

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

For the purposes of this Section, "permanent structure" means any building that is not mobile.

Section 30. The School Code is amended by adding Section 10-22-12a as follows:

(105 ILCS 5/10-22-12a new)

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

For the purposes of this Section, "permanent structure" means any building that is not mobile.

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