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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2820 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED:
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50 ILCS 20/14 | from Ch. 85, par. 1044 |
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Amends the Public Building Commission Act. Provides that the Public Building Commission may rent its buildings and facilities to not for profit corporations and non-profit organizations or associations. Provides definitions for these terms. Effective immediately.
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| | A BILL FOR |
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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 Public Building Commission Act is amended by |
5 | | changing Section 14 as follows:
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6 | | (50 ILCS 20/14) (from Ch. 85, par. 1044)
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7 | | Sec. 14. A Public Building Commission is a municipal |
8 | | corporation and
constitutes a body both corporate and politic |
9 | | separate and apart from
any other municipal corporation or any |
10 | | other public or governmental
agency. It may sue and be sued, |
11 | | plead and be impleaded, and have a seal
and alter such at |
12 | | pleasure, have perpetual succession, make and execute
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13 | | contracts, leases, deeds and other instruments necessary or |
14 | | convenient
to the exercise of its powers, and make and from |
15 | | time to time amend and
repeal its by-laws, rules and |
16 | | regulations not inconsistent with this
Act. In addition, it has |
17 | | and shall exercise the following public and
essential |
18 | | governmental powers and functions and all other powers
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19 | | incidental or necessary, to carry out and effectuate such |
20 | | express powers:
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21 | | (a) To select, locate and designate, at any time and from |
22 | | time to
time, one or more areas lying wholly within the |
23 | | territorial limits of
the municipality or of the county seat of |
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1 | | the county in which the
Commission is organized, or within the |
2 | | territorial limits of the county
if the site is to be used for |
3 | | county purposes, or (in the case of a county
having a |
4 | | population of at least 20,000 but not more than 21,000 as
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5 | | determined by the 1980 federal census) within the territorial |
6 | | limits of the
county if the site is to be used for municipal |
7 | | purposes, as the site or
sites to be acquired for the erection, |
8 | | alteration or improvement of a
building or buildings, public |
9 | | improvement or other facilities for the
purposes set forth in |
10 | | this Section. The site or sites selected shall be
conveniently |
11 | | located within such county, municipality or county seat and of
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12 | | an area in size sufficiently large to accomplish and effectuate |
13 | | the purpose
of this Act and sufficient to provide for proper |
14 | | architectural setting and
adequate landscaping for such |
15 | | building or buildings, public improvement or
other facilities.
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16 | | (1) Where the governing body of the county seat or the |
17 | | governing
body of any municipality with 3,000 or more |
18 | | inhabitants has adopted the
original resolution for the |
19 | | creation of the Commission, the site or
sites selected, and in |
20 | | the case of a project for an Airport Authority,
the site or |
21 | | sites selected, the project and any lease agreements, are
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22 | | subject to approval by a majority of the members of the |
23 | | governing body
of the county seat or by a majority of the |
24 | | members of the governing body
of the municipality. However, |
25 | | where the site is for a county project and
is outside the |
26 | | limits of a municipality, the approval of the site shall
be by |
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1 | | the county board.
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2 | | (2) Where the original resolution for the creation of the |
3 | | Commission
has been adopted by the governing body of the |
4 | | county, the site or sites
selected, and in the case of a |
5 | | project for an Airport Authority, the
site or sites selected, |
6 | | the project and any lease agreements, are
subject to approval |
7 | | by a majority of the members of the governing body
of the |
8 | | county and to approval by 3/4 of the members of the governing
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9 | | body of the county seat, except that approval of 3/4 of the |
10 | | members of
the governing body of the county seat is not |
11 | | required where the site is for
a county or (in the case of a |
12 | | county having a population of at least 20,000
but not more than |
13 | | 21,000 as determined by the 1980 federal census) a
municipal |
14 | | project and is outside the limits of the county seat, in which
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15 | | case approval by 3/4 of the members of the governing body of |
16 | | any
municipality where the site or sites will be located is |
17 | | required; and, if
such site or sites so selected, and in the |
18 | | case of a project for an
Airport Authority, the site or sites |
19 | | selected, the project and any lease
agreements, are not |
20 | | approved by 3/4 of the members of the governing body
of the |
21 | | county seat the Commission may by resolution request that the
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22 | | approval of the site or sites so selected, and in the case of a |
23 | | project
for an Airport Authority, the site or sites selected, |
24 | | the project and
any lease agreements, be submitted to a |
25 | | referendum at the next general
election in accordance with the |
26 | | general election law, and shall present
such resolution to the |
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1 | | county clerk. Upon receipt of such resolution the
county clerk |
2 | | shall immediately notify the board of election commissioners,
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3 | | if any; however, referenda pursuant to such resolution shall |
4 | | not be called
more frequently than once in 4 years. The |
5 | | proposition shall be in
substantially the following form:
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6 | | -------------------------------------------------------------
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7 | | Shall ......... be acquired for the
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8 | | erection, alteration or improvement of
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9 | | a building or buildings pursuant to YES
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10 | | the Public Building Commission Act,
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11 | | approved July 5, 1955, which project
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12 | | it is estimated will cost $........., -----------------
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13 | | including the cost of the site
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14 | | acquisition and for the payment of which
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15 | | revenue bonds in the amount of $...., NO
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16 | | maturing .... and bearing interest at
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17 | | the rate of .....% per annum, may be
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18 | | issued?
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19 | | -------------------------------------------------------------
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20 | | If a majority of the electors voting on the proposition |
21 | | vote in favor of
the proposition, the site or sites so |
22 | | selected, and in the case of a
project for an Airport |
23 | | Authority, the site or sites selected, the project
and any |
24 | | lease agreements, shall be approved. Except where approval of |
25 | | the
site or sites has been obtained by referendum, the area or |
26 | | areas may be
enlarged by the Board of Commissioners, from time |
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1 | | to time, as the need
therefor arises. The selection, location |
2 | | and designation of more than one
area may, but need not, be |
3 | | made at one time but may be made from time to time.
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4 | | (b) To acquire the fee simple title to or any lesser |
5 | | interest in the real property located
within such area or |
6 | | areas, including easements and reversionary
interests in the |
7 | | streets, alleys and other public places and personal
property |
8 | | required for its purposes, by purchase, gift, legacy, or by the
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9 | | exercise of the power of eminent domain, and title thereto |
10 | | shall be
taken in the corporate name of the Commission. Eminent |
11 | | domain
proceedings shall be in all respects in the manner |
12 | | provided for the exercise
of the right of eminent domain under |
13 | | the Eminent Domain Act. All land and appurtenances
thereto, |
14 | | acquired or owned by the Commission are to be deemed acquired |
15 | | or
owned for a public use or public purpose.
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16 | | Any municipal corporation which owns fee simple title to or |
17 | | any lesser interest in real
property located within such an |
18 | | area, may convey such real property, or
any part thereof or |
19 | | interest therein, to the Commission with a provision in such |
20 | | conveyance
for the reverter of such real property or interest |
21 | | therein to the transferor municipal
corporation at such time as |
22 | | all revenue bonds and other obligations of
the Commission |
23 | | incident to the real property or interest therein so conveyed, |
24 | | have been paid
in full, and such Commission is hereby |
25 | | authorized to accept such a
conveyance.
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26 | | (c) To demolish, repair, alter or improve any building or |
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1 | | buildings
within the area or areas and to erect a new building |
2 | | or buildings,
improvement and other facilities within the area |
3 | | or areas to provide
space for the conduct of the executive, |
4 | | legislative and judicial
functions of government, its various |
5 | | branches, departments and agencies
thereof and to provide |
6 | | buildings, improvements and other facilities for
use by local |
7 | | government in the furnishing of essential governmental,
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8 | | health, safety and welfare services to its citizens; to furnish |
9 | | and
equip such building or buildings, improvements and other |
10 | | facilities, and
maintain and operate them so as to effectuate |
11 | | the purposes of this Act.
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12 | | (d) To pave and improve streets within such area or areas, |
13 | | and to
construct, repair and install sidewalks, sewers, |
14 | | waterpipes and other
similar facilities and site improvements |
15 | | within such area or areas and
to provide for adequate |
16 | | landscaping essential to the preparation of such
site or sites |
17 | | in accordance with the purposes of this Act.
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18 | | (e) To make provisions for offstreet parking facilities.
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19 | | (f) To operate, maintain, manage and to make and enter into
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20 | | contracts for the operation, maintenance and management of such
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21 | | buildings and other facilities and to provide rules and |
22 | | regulations for
the operation, maintenance and management |
23 | | thereof.
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24 | | (g) To employ and discharge without regard to any Civil |
25 | | Services
Act, engineering, architectural, construction, |
26 | | design-build, legal and financial
experts and such other |
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1 | | employees as may be necessary in its judgment to
carry out the |
2 | | purposes of this Act and to fix compensation for such
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3 | | employees, and enter into contracts for the employment of any |
4 | | person,
firm, or corporation, and for professional services |
5 | | necessary or
desirable for the accomplishment of the objects |
6 | | and purposes of the
Commission and the proper administration, |
7 | | management, protection and
control of its property.
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8 | | (h) To rent all or any part or parts of such building, |
9 | | buildings, or
other facilities to any municipal corporation |
10 | | that organized or joined
in the organization of the Public |
11 | | Building Commission or to any branch,
department, or agency |
12 | | thereof, or to any branch, department, or agency of
the State |
13 | | or Federal government, or to any other state or any agency or
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14 | | political subdivision of another state with which the |
15 | | Commission has entered
into an intergovernmental agreement or |
16 | | contract under the Intergovernmental
Cooperation Act, or to any |
17 | | municipal corporation with which the Commission has
entered |
18 | | into an intergovernmental agreement or contract under the
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19 | | Intergovernmental Cooperation Act, or to any other municipal |
20 | | corporation, quasi
municipal corporation, political |
21 | | subdivision or body politic, or agency
thereof, doing business, |
22 | | maintaining an office, or rendering a public service
in such |
23 | | county for any period of time , or to any not for profit |
24 | | corporation or any non-profit organization or association. For |
25 | | this Section, "not for profit corporation" means an Illinois |
26 | | corporation organized and existing under the General Not For |
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1 | | Profit Corporation Act of 1986 in good standing with the State |
2 | | and having been granted status as an exempt organization under |
3 | | Section 501(c) of the Internal Revenue Code, or any successor |
4 | | or similar provision of the Internal Revenue Code. "Non-profit |
5 | | organization or association" means any organization or |
6 | | association where no part of the net earnings enures to the |
7 | | lawful benefit of any person .
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8 | | (i) To rent such space in such building or buildings as |
9 | | from time to
time may not be needed by any governmental agency |
10 | | for such other
purposes as the Board of Commissioners may |
11 | | determine will best serve the
comfort and convenience of the |
12 | | occupants of such building or buildings,
and upon such terms |
13 | | and in such manner as the Board of Commissioners may
determine.
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14 | | (j) To execute written leases evidencing the rental |
15 | | agreements
authorized in paragraphs (h) and (i) of this |
16 | | Section.
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17 | | (k) To procure and enter into contracts for any type of |
18 | | insurance or
indemnity against loss or damage to property from |
19 | | any cause, including
loss of use and occupancy, against death |
20 | | or injury of any person,
against employer's liability, against |
21 | | any act of any member, officer or
employee of the Public |
22 | | Building Commission in the performance of the
duties of his |
23 | | office or employment or any other insurable risk, as the
Board |
24 | | of Commissioners in its discretion may deem necessary.
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25 | | (l) To accept donations, contributions, capital grants or |
26 | | gifts from
any individuals, associations, municipal and |
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1 | | private corporations and
the United States of America, or any |
2 | | agency or instrumentality thereof,
for or in aid of any of the |
3 | | purposes of this Act and to enter into
agreements in connection |
4 | | therewith.
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5 | | (m) To borrow money from time to time and in evidence |
6 | | thereof to
issue and sell revenue bonds in such amount or |
7 | | amounts as the Board of
Commissioners may determine to provide |
8 | | funds for the purpose of
acquiring, erecting, demolishing, |
9 | | improving, altering, equipping,
repairing, maintaining and |
10 | | operating buildings and other facilities and
to acquire sites |
11 | | necessary and convenient therefor and to pay all costs
and |
12 | | expenses incident thereto, including, but without in any way
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13 | | limiting the generality of the foregoing, architectural, |
14 | | engineering,
legal and financing expense, which may include an |
15 | | amount sufficient to
meet the interest charges on such revenue |
16 | | bonds during such period or
periods as may elapse prior to the |
17 | | time when the project or projects may
become revenue producing |
18 | | and for one year in addition thereto; and to
refund and |
19 | | refinance, from time to time, revenue bonds so issued and
sold, |
20 | | as often as may be deemed to be advantageous by the Board of
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21 | | Commissioners.
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22 | | (n) To enter into any agreement or contract with any |
23 | | lessee, who,
pursuant to the terms of this Act, is renting or |
24 | | is about to rent from
the Commission all or part of any |
25 | | building or buildings or facilities,
whereby under such |
26 | | agreement or contract such lessee obligates itself to
pay all |
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1 | | or part of the cost of maintaining and operating the premises |
2 | | so
leased. Such agreement may be included as a provision of any |
3 | | lease
entered into pursuant to the terms of this Act or may be |
4 | | made the
subject of a separate agreement or contract between |
5 | | the Commission and
such lessee.
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6 | | (Source: P.A. 95-614, eff. 9-11-07; 96-352, eff. 8-13-09.)
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7 | | Section 99. Effective date. This Act takes effect upon |
8 | | becoming law.
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