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1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Public Building Commission Act is amended by
5		changing Section 14 as follows:
6		(50 ILCS 20/14) (from Ch. 85, par. 1044)
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
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
19		incidental or necessary, to carry out and effectuate such
20		express powers:
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
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
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.
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
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.
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
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
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
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,
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:
6		-------------------------------------------------------------
7		Shall ......... be acquired for the
8		erection, alteration or improvement of
9		a building or buildings pursuant to YES
10		the Public Building Commission Act,
11		approved July 5, 1955, which project
12		it is estimated will cost $........., -----------------
13		including the cost of the site
14		acquisition and for the payment of which
15		revenue bonds in the amount of $...., NO
16		maturing .... and bearing interest at
17		the rate of .....% per annum, may be
18		issued?
19		-------------------------------------------------------------
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.
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
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.
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.
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,
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.
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.
18		(e) To make provisions for offstreet parking facilities.
19		(f) To operate, maintain, manage and to make and enter into
20		contracts for the operation, maintenance and management of such
21		buildings and other facilities and to provide rules and
22		regulations for the operation, maintenance and management
23		thereof.
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
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.
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
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
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.
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.
14		(j) To execute written leases evidencing the rental
15		agreements authorized in paragraphs (h) and (i) of this
16		Section.
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.
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.
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
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
21		Commissioners.
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.
6		(Source: P.A. 95-614, eff. 9-11-07; 96-352, eff. 8-13-09.)
7		Section 99. Effective date. This Act takes effect upon
8		becoming law.