Bill Amendment: IL SB3608 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL REG-STATE FACILITIES
Status: 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB3608 Detail]
Download: Illinois-2023-SB3608-House_Amendment_001.html
Bill Title: LOCAL REG-STATE FACILITIES
Status: 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB3608 Detail]
Download: Illinois-2023-SB3608-House_Amendment_001.html
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 3608 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3608 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "ARTICLE 5 | ||||||
5 | Section 5-5. Definitions. As used in this Act: | ||||||
6 | "Corporate authorities" means the corporate authorities of | ||||||
7 | Tinley Park - Park District. | ||||||
8 | "Department" means the Department of Central Management | ||||||
9 | Services. | ||||||
10 | "Director" means the Director of Central Management | ||||||
11 | Services. | ||||||
12 | "TPPD" means the Tinley Park - Park District, a body | ||||||
13 | corporate and politic of Cook and Will Counties, Illinois.
| ||||||
14 | Section 5-10. Tinley Park Mental Health Center and the | ||||||
15 | Howe Developmental Center. Pursuant to the provisions and |
| |||||||
| |||||||
1 | subject to all of the terms and conditions of this Act, the | ||||||
2 | Director, on behalf of the State of Illinois, is authorized to | ||||||
3 | execute and deliver to TPPD, for and in consideration of $1 | ||||||
4 | paid to the Department, a quitclaim deed to the following | ||||||
5 | described real property and a quitclaim bill of sale to all the | ||||||
6 | existing tangible personal property on the real property, and | ||||||
7 | such ancillary documents as the Department deems appropriate, | ||||||
8 | for fully and properly effectuating a transfer to TPPD of the | ||||||
9 | title to the Tinley Park Mental Health Center and Howe | ||||||
10 | Developmental Center, described as follows:
| ||||||
11 | PARCEL 1 | ||||||
12 | THAT PART OF SECTION 36, TOWNSHIP 36 NORTH, RANGE 12 EAST | ||||||
13 | OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE | ||||||
14 | SOUTHERLY LINE OF THE CHICAGO, ROCK ISLAND AND PACIFIC | ||||||
15 | RAILROAD,
| ||||||
16 | [EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
| ||||||
17 | THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID | ||||||
18 | SECTION 36 LYING SOUTH OF THE CENTERLINE OF THE NORTH | ||||||
19 | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; ALSO THAT | ||||||
20 | PART OF THE SOUTH 46 ACRES OF THE EAST HALF OF THE | ||||||
21 | SOUTHWEST QUARTER OF SAID SECTION 36, LYING SOUTH AND WEST | ||||||
22 | OF THE CENTERLINE OF THE NORTH BRANCH OF THE FLOSSMOOR |
| |||||||
| |||||||
1 | ROAD DRAINAGE DITCH;
| ||||||
2 | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | ||||||
3 | FOLLOWS:
| ||||||
4 | THAT PART OF THE WEST 1900 FEET OF THE SOUTHWEST QUARTER OF | ||||||
5 | SAID SECTION 36 LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF | ||||||
6 | WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD | ||||||
7 | (COMMONLY KNOWN AS THE METRA LINE) AND LYING NORTHERLY OF | ||||||
8 | THE CENTERLINE OF THE NORTHERN TRIBUTARY TO THE UNION | ||||||
9 | DRAINAGE DITCH;
| ||||||
10 | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | ||||||
11 | FOLLOWS:
| ||||||
12 | THAT PART OF THE WEST 1900 FEET OF THE NORTHWEST QUARTER OF | ||||||
13 | SAID SECTION 36 LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF | ||||||
14 | WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD | ||||||
15 | (COMMONLY KNOWN AS THE METRA LINE);
| ||||||
16 | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | ||||||
17 | FOLLOWS:
| ||||||
18 | THAT PART OF THE SOUTH HALF OF SAID SECTION 36, DESCRIBED | ||||||
19 | AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID | ||||||
20 | SECTION 36; THENCE EAST 573.67 FEET ALONG THE SOUTH LINE |
| |||||||
| |||||||
1 | OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 36; THENCE | ||||||
2 | NORTH 859.00 FEET ALONG A LINE PERPENDICULAR TO THE | ||||||
3 | AFORESAID SOUTH LINE; THENCE WEST 171.00 FEET; THENCE | ||||||
4 | NORTH 320.50 FEET; THENCE EAST 171.00 FEET; THENCE NORTH | ||||||
5 | 527.71 FEET; THENCE NORTH 66 DEGREES 16 MINUTES 51 SECONDS | ||||||
6 | WEST 843.97 FEET; THENCE NORTH 28 DEGREES 39 MINUTES 16 | ||||||
7 | SECONDS WEST 589.16 FEET; THENCE SOUTH 60 DEGREES 58 | ||||||
8 | MINUTES 55 SECONDS WEST 279.95 FEET; THENCE SOUTH ALONG A | ||||||
9 | LINE PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST | ||||||
10 | QUARTER OF THE AFORESAID SECTION 36, 2427.91 FEET TO SAID | ||||||
11 | SOUTH LINE; THENCE EAST 726.33 FEET TO THE POINT OF | ||||||
12 | BEGINNING;
| ||||||
13 | ALSO EXCEPTING THEREFROM THAT PORTION DEDICATED FOR PUBLIC | ||||||
14 | ROADWAY BY PLAT OF DEDICATION RECORDED AS DOCUMENT | ||||||
15 | 0633315190. DESCRIBED AS FOLLOWS:
| ||||||
16 | COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36: | ||||||
17 | THENCE WESTERLY ON AN ASSUMED BEARING OF SOUTH 89 DEGREES | ||||||
18 | 07 MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF THE | ||||||
19 | SOUTH HALF OF SAID SECTION 36, A DISTANCE OF 70 FEET TO THE | ||||||
20 | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 07 | ||||||
21 | MINUTES 36 SECONDS WEST ALONG THE LAST DESCRIBED LINE A | ||||||
22 | DISTANCE OF 3446.28 FEET TO THE CENTERLINE OF THE NORTH | ||||||
23 | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; THENCE NORTH | ||||||
24 | 57 DEGREES 00 MINUTES 02 SECONDS EAST ALONG SAID |
| |||||||
| |||||||
1 | CENTERLINE A DISTANCE OF 94.02 FEET TO A POINT ON A LINE | ||||||
2 | DRAWN 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF | ||||||
3 | SAID SECTION 36; THENCE NORTH 89 DEGREES 07 MINUTES 35 | ||||||
4 | SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF | ||||||
5 | 3296.21 FEET TO A POINT; THENCE NORTH 43 DEGREES 52 | ||||||
6 | MINUTES 32 SECONDS EAST, A DISTANCE OF 98.61 FEET TO A | ||||||
7 | POINT ON THE WEST LINE OF THE EAST 70 FEET OF AFORESAID | ||||||
8 | SECTION 36; THENCE SOUTH 01 DEGREES 22 MINUTES 32 SECONDS | ||||||
9 | EAST ALONG SAID WEST LINE OF THE EAST 70 FEET, A DISTANCE | ||||||
10 | OF 120 FEET TO THE POINT OF BEGINNING;
| ||||||
11 | ALSO EXCEPTING THEREFROM THAT PORTION FALLING WITHIN | ||||||
12 | HARLEM AVENUE AS WIDENED], IN COOK COUNTY, ILLINOIS.
| ||||||
13 | PARCEL 2 | ||||||
14 | THAT PART OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 36 | ||||||
15 | NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
16 | DESCRIBED AS FOLLOWS:
| ||||||
17 | BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; | ||||||
18 | THENCE EAST 573.67 FEET ALONG THE SOUTH LINE OF THE | ||||||
19 | SOUTHEAST QUARTER OF AFORESAID SECTION 36; THENCE NORTH | ||||||
20 | 859.00 FEET ALONG A LINE PERPENDICULAR TO THE AFORESAID | ||||||
21 | SOUTH LINE; THENCE WEST 171.00 FEET; THENCE NORTH 320.50 | ||||||
22 | FEET; THENCE EAST 171.00 FEET; THENCE NORTH 527.71 FEET; |
| |||||||
| |||||||
1 | THENCE NORTH 66 DEGREES 16 MINUTES 51 SECONDS WEST 843.97 | ||||||
2 | FEET; THENCE NORTH 28 DEGREES 39 MINUTES 16 SECONDS WEST | ||||||
3 | 589.16 FEET; THENCE SOUTH 60 DEGREES 58 MINUTES 55 SECONDS | ||||||
4 | WEST 279.95 FEET; THENCE SOUTH ALONG A LINE PERPENDICULAR | ||||||
5 | TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE | ||||||
6 | AFORESAID SECTION 36, 2427.91 FEET TO SAID SOUTH LINE; | ||||||
7 | THENCE EAST 726.33 FEET TO THE POINT OF BEGINNING;
| ||||||
8 | [EXCEPTING THEREFROM THAT PORTION LYING SOUTH AND WEST OF | ||||||
9 | THE CENTERLINE OF THE NORTH BRANCH OF THE FLOSSMOOR ROAD | ||||||
10 | DRAINAGE DITCH;
| ||||||
11 | ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS | ||||||
12 | FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID | ||||||
13 | SECTION 36; THENCE WEST ALONG THE SOUTH LINE OF SAID | ||||||
14 | SECTION 36, 2237.39 FEET; THENCE NORTH 00 DEGREES 00 | ||||||
15 | MINUTES WEST, ALONG A LINE PERPENDICULAR TO SAID SOUTH | ||||||
16 | LINE 50.00 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE | ||||||
17 | OF 183RD STREET; THENCE CONTINUING NORTH 00 DEGREES 00 | ||||||
18 | MINUTES WEST 124.75 FEET; THENCE NORTH 33 DEGREES 04 | ||||||
19 | MINUTES WEST 99.70 FEET; THENCE NORTH 72 DEGREES 25 | ||||||
20 | MINUTES 40 SECONDS WEST 105.00 FEET; THENCE NORTH 90 | ||||||
21 | DEGREES WEST 139.51 FEET; THENCE SOUTH 00 DEGREES 00 | ||||||
22 | MINUTES EAST 240 FEET; THENCE EAST 294.01 FEET TO THE | ||||||
23 | POINT OF BEGINNING;
|
| |||||||
| |||||||
1 | AND ALSO EXCEPTING THEREFROM THAT PORTION FALLING WITHIN | ||||||
2 | THE FOLLOWING DESCRIBED LAND WHICH WAS DEDICATED FOR | ||||||
3 | PUBLIC ROADWAY BY PLAT OF DEDICATION RECORDED AS DOCUMENT | ||||||
4 | 0633315190, DESCRIBED AS FOLLOWS:
| ||||||
5 | COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; | ||||||
6 | THENCE WESTERLY ON AN ASSUMED BEARING OF SOUTH 89 DEGREES | ||||||
7 | 07 MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF THE | ||||||
8 | SOUTH HALF OF SAID SECTION 36, A DISTANCE OF 70 FEET TO THE | ||||||
9 | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 07 | ||||||
10 | MINUTES 36 SECONDS WEST ALONG THE LAST DESCRIBED LINE A | ||||||
11 | DISTANCE OF 3446.28 FEET TO THE CENTERLINE OF THE NORTH | ||||||
12 | BRANCH OF THE FLOSSMOOR ROAD DRAINAGE DITCH; THENCE NORTH | ||||||
13 | 57 DEGREES 00 MINUTES 02 SECONDS EAST ALONG SAID | ||||||
14 | CENTERLINE A DISTANCE OF 94.02 FEET TO A POINT ON A LINE | ||||||
15 | DRAWN 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF | ||||||
16 | SAID SECTION 36; THENCE NORTH 89 DEGREES 07 MINUTES 35 | ||||||
17 | SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF | ||||||
18 | 3296.21 FEET TO A POINT; THENCE NORTH 43 DEGREES 52 | ||||||
19 | MINUTES 32 SECONDS EAST, A DISTANCE OF 98.61 FEET TO A | ||||||
20 | POINT ON THE WEST LINE OF THE EAST 70 FEET OF AFORESAID | ||||||
21 | SECTION 36; THENCE SOUTH 01 DEGREES 22 MINUTES 32 SECONDS | ||||||
22 | EAST ALONG SAID WEST LINE OF THE EAST 70 FEET, A DISTANCE | ||||||
23 | OF 120 FEET TO THE POINT OF BEGINNING] IN COOK COUNTY, | ||||||
24 | ILLINOIS.
|
| |||||||
| |||||||
1 | Section 5-15. Transfer to TPPD. | ||||||
2 | (a) The corporate authorities of the TPPD, situated in | ||||||
3 | Cook and Will Counties, have determined that it is in the best | ||||||
4 | interest of TPPD and its residents to acquire the presently | ||||||
5 | unoccupied and unused combined campuses of the Tinley Park | ||||||
6 | Mental Health Center and Howe Developmental Center, | ||||||
7 | hereinafter referred to collectively as the Combined Campuses, | ||||||
8 | including not only the land but also the several dozen | ||||||
9 | existing structures, the existing utility facilities and other | ||||||
10 | improvements above, at or below grade level, and all existing | ||||||
11 | tangible personal property there, which Combined Campuses are | ||||||
12 | presently owned by the State of Illinois, and for TPPD to | ||||||
13 | pursue a redevelopment of that property. | ||||||
14 | (b) Notwithstanding any other law of the State of Illinois | ||||||
15 | to the contrary, the Director is authorized under this Act to | ||||||
16 | sell all right, title, and interest of the State of Illinois in | ||||||
17 | and to the Combined Campuses for $1 and such other terms and | ||||||
18 | conditions in the quitclaim deed, the quitclaim bill of sale, | ||||||
19 | and ancillary documents that the Director deems appropriate, | ||||||
20 | with such sale occurring pursuant to a Purchase and Sale | ||||||
21 | Agreement prepared by the Department. The conveyance of the | ||||||
22 | Property authorized by this Act shall be made subject to | ||||||
23 | existing public roads, existing rights of public utilities, | ||||||
24 | existing rights of the public or quasipublic utilities, and | ||||||
25 | any and all reservations, easements, encumbrances, covenants, | ||||||
26 | agreements, and restrictions of record. |
| |||||||
| |||||||
1 | (c) Each of the documents of transfer shall state on its | ||||||
2 | face and be subject to the conditions that the Property (i) | ||||||
3 | shall be used for public purposes only, including recreation | ||||||
4 | and conservation, and (ii) shall not be used for the purpose of | ||||||
5 | gambling authorized by the Illinois Horse Racing Act of 1975 | ||||||
6 | or the Illinois Gambling Act, and the documents of transfer | ||||||
7 | shall each contain a reverter clause providing, in language | ||||||
8 | prepared by and acceptable to the Department, that title to | ||||||
9 | the Property shall revert, without further action, to the | ||||||
10 | State of Illinois if: | ||||||
11 | (1) the Property is used for any purpose other than a | ||||||
12 | public purpose; | ||||||
13 | (2) an attempt is made to sell the Property or convey | ||||||
14 | or donate the Property in any manner whatsoever; or | ||||||
15 | (3) TPPD or any of its agents allow the property to be | ||||||
16 | used for the purpose of gambling authorized by the | ||||||
17 | Illinois Horse Racing Act of 1975 or the Illinois Gambling | ||||||
18 | Act.
| ||||||
19 | Section 5-20. Execution by TPPD; document recording. The | ||||||
20 | transfer of title authorized under this Act shall be by | ||||||
21 | quitclaim deed and quitclaim bill of sale, which shall be | ||||||
22 | prepared by the Department so that the transfer is on an "AS | ||||||
23 | IS", "WHERE IS", and "WITH ALL FAULTS" basis as of the date of | ||||||
24 | sale, without any representation by the State of Illinois to | ||||||
25 | TPPD, or any persons and entities whatsoever, as to Property's |
| |||||||
| |||||||
1 | condition or fitness for any purpose. Both the deed and bill of | ||||||
2 | sale shall be executed by TPPD as grantee in order to confirm | ||||||
3 | the TPPD's undertakings to abide by the requirements in this | ||||||
4 | Act and TPPD's agreement to timely and fully perform its | ||||||
5 | obligations as set forth in this Act. All documents of | ||||||
6 | transfer shall be recorded in the county in which the Property | ||||||
7 | is located.
| ||||||
8 | ARTICLE 10 | ||||||
9 | Section 10-5. The Capital Development Board Act is amended | ||||||
10 | by adding Section 10.20 as follows:
| ||||||
11 | (20 ILCS 3105/10.20 new) | ||||||
12 | Sec. 10.20. Local regulation of State facilities. | ||||||
13 | (a) Notwithstanding any other provision of law, no | ||||||
14 | ordinance of a unit of local government shall be enforced | ||||||
15 | against the construction, reconstruction, improvement, or | ||||||
16 | installation of a State facility. A unit of local government | ||||||
17 | shall not require payment of permitting fees or require permit | ||||||
18 | inspections for the construction, reconstruction, improvement, | ||||||
19 | or installation of any State facility. | ||||||
20 | (b) The Board shall, to the fullest extent practicable, | ||||||
21 | coordinate with local utilities regarding utility connection | ||||||
22 | requirements and procedures. | ||||||
23 | (c) Before undertaking any activity involving the |
| |||||||
| |||||||
1 | construction, reconstruction, improvement, or installation of | ||||||
2 | any State facility, the Board shall, to the fullest extent | ||||||
3 | practicable, coordinate and consult with the units of local | ||||||
4 | government that are responsible for providing fire protection | ||||||
5 | services to that State facility in order to ensure that fire | ||||||
6 | protection services can be provided by the unit of local | ||||||
7 | government to the State facility in the most effective manner. | ||||||
8 | (d) Nothing in this Section shall relieve the Board from | ||||||
9 | compliance with any State or federal mandate. This Section | ||||||
10 | does not relieve the Board from the obligation to compensate | ||||||
11 | units of local governments for fair and reasonable connection | ||||||
12 | or impact costs that (i) conform to industry standards or (ii) | ||||||
13 | are consistent with similar costs that are applied to private, | ||||||
14 | non-governmental capital projects. | ||||||
15 | (e) This Section applies to the construction, | ||||||
16 | reconstruction, improvement and installation of State | ||||||
17 | facilities that is ongoing on the effective date of this | ||||||
18 | amendatory Act of the 103rd General Assembly and to all | ||||||
19 | projects that begin on or after the effective date of this | ||||||
20 | amendatory Act of the 103rd General Assembly. | ||||||
21 | (f) A home rule unit may not regulate the construction, | ||||||
22 | reconstruction, improvement, or installation of a State | ||||||
23 | facility in a manner that is inconsistent with this Section. | ||||||
24 | This Section is a limitation under subsection (i) of Section 6 | ||||||
25 | of Article VII of the Illinois Constitution on the concurrent | ||||||
26 | exercise by home rule units of powers and functions exercised |
| |||||||
| |||||||
1 | by the State. | ||||||
2 | (g) As used in this Section: | ||||||
3 | "Fair and reasonable connection or impact costs" means | ||||||
4 | demonstrated costs incurred by the unit of local government | ||||||
5 | that directly result from the Board's use of or impact on local | ||||||
6 | infrastructure. | ||||||
7 | "State facility" means any capital project under the | ||||||
8 | authority of the Capital Development Board.
| ||||||
9 | ARTICLE 15 | ||||||
10 | Section 15-5. The Capital Development Board Act is amended | ||||||
11 | by changing Section 10.19 as follows:
| ||||||
12 | (20 ILCS 3105/10.19) | ||||||
13 | Sec. 10.19. Local regulation of remediation, | ||||||
14 | redevelopment, and improvements of inoperable State | ||||||
15 | facilities. | ||||||
16 | (a) Notwithstanding any other provision of law, an | ||||||
17 | ordinance of a unit of local government may not be enforced | ||||||
18 | against the remediation, redevelopment, or improvement of an | ||||||
19 | inoperable State facility conveyed to a unit of local | ||||||
20 | government for a recreational public purpose if the ordinance | ||||||
21 | prohibits, restricts, or limits the remediation, | ||||||
22 | redevelopment, or improvement of the inoperable State facility | ||||||
23 | for a recreational public purpose. A unit of local government |
| |||||||
| |||||||
1 | may not require payment of permitting fees or any other fees or | ||||||
2 | require permit inspections for the remediation, redevelopment, | ||||||
3 | or improvement of an inoperable State facility conveyed to a | ||||||
4 | unit of local government for the purpose of remediation, | ||||||
5 | redevelopment, or improvement for a recreational public | ||||||
6 | purpose. | ||||||
7 | (b) This Section applies to remediation, redevelopment, or | ||||||
8 | improvement projects that are ongoing on the effective date of | ||||||
9 | this amendatory Act of the 103rd General Assembly and to all | ||||||
10 | projects started on or after the effective date of this | ||||||
11 | amendatory Act of the 103rd General Assembly. | ||||||
12 | (c) A home rule unit may not regulate remediation, | ||||||
13 | redevelopment, or improvement of an inoperable State facility | ||||||
14 | conveyed to a unit of local government for a recreational | ||||||
15 | public purpose in a manner inconsistent with this Section. | ||||||
16 | This Section is a limitation under subsection (i) of Section 6 | ||||||
17 | of Article VII of the Illinois Constitution on the concurrent | ||||||
18 | exercise by home rule units of powers and functions exercised | ||||||
19 | by the State. | ||||||
20 | (Source: P.A. 103-573, eff. 12-8-23.)
| ||||||
21 | ARTICLE 99 |