Illinois 94th Regular Session Status: Enacted

SB 613 — TWNSHP CD OPEN SPACE PLAN

Last action — Public Act . . . . . . . . . 94-1045

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2005. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Township Code. Provides that when a petition is filed, signed by not less than 5% or 50 of the registered voters of the township, whichever is greater, that recommends that the board commence the preparation of an open space plan, the township clerk shall provide a public notice within 5 business days after the petition is filed, by the regular notice procedures, of the existence of the filed petition. Provides that a hearing shall be conducted no less than 30 days after the petition was filed to determine the validity of the petition, which may be challenged in accord with the general election law. Provides that a subsequent petition to adopt the open space plan that the township board adopted shall be approved if the petition is determined to be valid following a public notice and a public hearing. Effective immediately.

Bill Text

What changed in the latest version

57 added · 100 removed

Plain-language change summary

The changes to SB 613 include the addition of a provision allowing the Director of Corrections to lease the Hopkins Park Correctional Center to the Village of Hopkins Park for 99 years at a minimal fee of $1 per year. This lease stipulates that the property can only be used for lawful purposes, and the Village must protect the state from any claims related to the property. Additionally, if any rules of the lease are broken, the property will revert back to the state. This matters because it represents a long-term commitment to local governance and community use of the property, potentially revitalizing the area while minimizing financial burden on the Village.

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SB0613 Engrossed LRB094 10169 AJO 40434 b AN ACT concerning local government.
SB0613 Enrolled LRB094 10169 AJO 40434 b AN ACT concerning local government.
Section 3.
The Director of Corrections, on behalf of the State of Illinois, is authorized, prior to a date 3 years after the effective date of this amendatory Act of the 94th General Assembly, to lease the real property, buildings, and other improvements comprising the Hopkins Park Correctional Center to the Village of Hopkins Park for a term of 99 years for the sum of $1 per year, subject to the following conditions:
(1) The Village of Hopkins Park may use the leased property only for lawful purposes.
(2) The Village of Hopkins Park may sublease the property, without the consent of the State of Illinois, to any party only for lawful purposes.
(3) The Village of Hopkins Park must hold the State of Illinois harmless, for the duration of the lease, from any liability and any and all claims of any kind relating to the leased property.
(4) If any provision of this Section is violated by the Village of Hopkins Park or a sublessee, the leased property shall revert back to the State of Illinois without further action by the State of Illinois.
The Township Code is amended by changing Sections 115-10 and 115-20 as follows:
The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-565 as follows:
(60 ILCS 1/115-10) Sec.
(20 ILCS 2705/2705-565 new) Sec.
115-10.
2705-565.
Open space plan;
North Chicago property;
petition.
study;
(a) A board desiring to enter upon an open space program may do so only after adoption of an open space plan under Section 115-15.
conveyance.
The board shall commence preparation of an open space plan under that Section only upon the filing with the township clerk of a petition signed by not less than 5% or 50, whichever is greater, of the registered voters of the township (according to the voting registration records at the time the petition is filed) recommending that the board commence preparation of an open space plan.
(a) The Department shall perform a study of property owned by the Department consisting of approximately 160 acres located in North Chicago, south of IL Route 137, between IL Route 43 SB0613 Enrolled - 2 - LRB094 10169 AJO 40434 b and US Route 41.
Within 5 business days after the filing of a petition to recommend that the board commence the preparation of an open space plan, the township clerk shall provide a public notice of the existence of the petition in the same manner as notices of meetings of the township board are provided.
The study shall include, but not be limited to, a survey of the property for the purpose of delineating jurisdictional wetlands in accordance with the Interagency Wetland Policy Act of 1989 and identifying threatened and endangered species in accordance with the Illinois Endangered Species Protection Act, for the purpose of identifying property no longer needed for highway purposes.
A hearing shall be conducted no less than 30 days after the filing of the petition to determine the validity of the petition, which may be challenged in accordance with the general election law.
(b) Upon completion of the study and for a period ending 3 years after the effective date of this amendatory Act of the 94th General Assembly, the City of North Chicago shall have an exclusive option to purchase for public purposes those portions of the property no longer needed for highway purposes for a consideration, which may be de minimus, negotiated by the parties.
(b) A proposed open space plan shall (i) identify all open land within the township that the board deems necessary to acquire in order to accomplish the purposes of the open space program;
The Department of Transportation is authorized to convey the excess property to the City of North Chicago pursuant to this Section within 3 years after the effective date of this amendatory Act of the 94th General Assembly, but may not otherwise convey or transfer the property during that period.
(ii) state the ways in which the acquisition of open land will further open space purposes;
(c) Any conveyance to the City of North Chicago under this Section shall provide (i) that title to the property reverts to the State of Illinois if the property ceases to be used for public purposes and (ii) the City of North Chicago may lease the property but may not convey its ownership of the property to any party, other than the State of Illinois.
(iii) state the estimated costs of implementing the proposed plan;
Section 99.
(iv) state the approximate tax, per $100 of assessed value, that will be levied to provide the necessary funds for implementing the SB0613 Engrossed - 2 - LRB094 10169 AJO 40434 b proposed plan;
(v) state the estimated timetable for implementing the proposed plan;
and (vi) establish standards and procedures for establishing priorities for the acquisition of parcels identified in the plan.
(Source:
P.A.
85-1140;
88-62.) (60 ILCS 1/115-20) Sec.
115-20.
Referendum on recommended plan;
petition.
(a) If the board recommends adoption of the open space plan, or if a subsequent petition is filed by not less than 5% or 50, whichever is greater, of the registered voters of the township (according to the voting registration records at the time the petition is filed) recommending adoption of the open space plan, then the Board, within 30 days of making of the recommendation or within 30 days of approving the filing of the petition, shall file a petition with the township clerk, requesting the clerk to submit to the voters of the township the question of whether the township shall adopt the open space plan and enter upon an open space program, with the power to acquire open land by purchase, condemnation (except townships in counties having a population of more than 150,000 but not more than 250,000), or otherwise in the township and with the power to issue bonds for those purposes under this Article.
Approval of a petition recommending adoption of the open space plan shall be given if the petition is determined to be valid following public notice and a hearing consistent with the requirements of Section 115-10 for the initial petition.
The total amount of bonds to be issued under this Section may not exceed 5% of the valuation of all taxable property in the township and shall be set forth in the question as a dollar amount.
The township clerk shall certify that proposition to the proper election officials, who shall submit the proposition to the township voters at the next regular election.
The referendum shall be conducted and notice given in accordance with the general election law.
(b) The question submitted to the voters at the election SB0613 Engrossed - 3 - LRB094 10169 AJO 40434 b shall be in substantially the following form:
Shall (name of township) adopt the open space plan considered at the public hearing on (date) and enter upon an open space program, and shall the Township Board have the power (i) to acquire open land by purchase (insert ", condemnation," if the township is in a county having a population of more than 250,000) or otherwise, (ii) to issue bonds for open space purposes in an amount not exceeding $(amount), and (iii) to levy a tax to pay the principal of and interest on those bonds, as provided in Article 115 of the Township Code? The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election on the question vote in favor of the question, the township shall thereafter adopt the open space plan recommended by the board or by the petition of the registered voters of the township and shall enter upon an open space program under this Article.
If the proposition does not receive the approval of a majority of the voters voting at the election on the question, no proposition may be submitted to the voters under this Section less than 23 months after the date of the election.
(d) If a majority of the legal voters voting at referendum in any township approved a proposition at the consolidated election in 2001 in reliance upon and consistent with this Section 115-20 as it existed prior to the effective date of Public Act 91-847, then that referendum and all actions taken in reliance thereon are hereby validated and are legally binding in all respects.
(Source:
Show all 47 changed rows (7 more)
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Latest
P.A.
91-641, eff.
8-20-99;
91-847, eff.
6-22-00;
92-6, eff.
6-7-01.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 94-1045

  2. Effective Date July 24, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 3 Senate Concurs 055-000-000

  7. House Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Rules

  8. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  9. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Terry Link

  10. Placed on Calendar Order of Concurrence House Amendment(s) 03

  11. Secretary's Desk - Concurrence House Amendment(s) 03

  12. Chief Sponsor Changed to Sen. Terry Link

  13. House Floor Amendment No. 1 Tabled Pursuant to Rule 40(a)

  14. Third Reading - Short Debate - Passed 106-000-001

  15. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. House Floor Amendment No. 3 Adopted by Voice Vote

  18. House Floor Amendment No. 2 Withdrawn by Rep. Lisa M. Dugan

  19. Added Alternate Co-Sponsor Rep. Barbara Flynn Currie

  20. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000

  21. Alternate Chief Sponsor Changed to Rep. Lisa M. Dugan

  22. House Floor Amendment No. 3 Referred to Rules Committee

  23. House Floor Amendment No. 3 Filed with Clerk by Rep. Lisa M. Dugan

  24. House Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 008-004-000

  25. House Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee

  26. House Floor Amendment No. 2 Referred to Rules Committee

  27. House Floor Amendment No. 2 Filed with Clerk by Rep. Robert S. Molaro

  28. Final Action Deadline Extended-9(b) May 5, 2006

  29. Placed on Calendar 2nd Reading - Short Debate

  30. Approved for Consideration Rules Committee; 005-000-000

  31. Final Action Deadline Extended-9(b) April 30, 2006

  32. Rule 19(a) / Re-referred to Rules Committee

  33. Held on Calendar Order of Second Reading - Short Debate

  34. Second Reading - Short Debate

  35. Final Action Deadline Extended-9(b) May 31, 2005

  36. House Floor Amendment No. 1 Referred to Rules Committee

  37. House Floor Amendment No. 1 Filed with Clerk by Rep. Robert S. Molaro

  38. Added Alternate Chief Co-Sponsor Rep. Angelo Saviano

  39. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  40. Added Alternate Chief Co-Sponsor Rep. Lou Lang

  41. Placed on Calendar 2nd Reading - Short Debate

  42. Do Pass / Short Debate Local Government Committee; 009-000-000

  43. Assigned to Local Government Committee

  44. Referred to Rules Committee

  45. First Reading

  46. Chief House Sponsor Rep. Robert S. Molaro

  47. Placed on Calendar Order of First Reading

  48. Arrived in House

  49. Third Reading - Passed; 056-000-000

  50. Placed on Calendar Order of 3rd Reading March 8, 2005

  51. Second Reading

  52. Placed on Calendar Order of 2nd Reading March 3, 2005

  53. Do Pass Local Government; 010-000-000

  54. Added as Co-Sponsor Sen. Wendell E. Jones

  55. Assigned to Local Government

  56. Referred to Rules

  57. First Reading

  58. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Terry Link · Cosponsor
  • Barbara Flynn Currie · Cosponsor
  • Mary E. Flowers · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

  • Terry Link
  • Barbara Flynn Currie
  • Mary E. Flowers

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 3

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49004
Democrat 5000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Millner — Yea
Halvorson — Yea
Maloney — Yea
Meeks — Yea
Schoenberg — Yea
Shadid — Yea
Brady — Yea
Munoz — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Lauzen — Yea
Sullivan — Yea
Petka — Yea
Jacobs — Yea
Link — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Peterson — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Hendon — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Not Voting
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 940012
Democrat 9000
Republican 3000
Total 1060012
% of votes cast 90%0%0%10%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Sommer — Not Voting
Soto — Yea
Winters — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Chavez — Yea
Churchill — Not Voting
Colvin — Yea
Moffitt — Yea
Coulson — Not Voting
Holbrook — Yea
Nekritz — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Pritchard — Yea
Scully — Yea
Hannig — Yea
Leitch — Not Voting
Madigan — Yea
McKeon — Not Voting
Molaro — Yea
Howard — Yea
Mulligan — Yea
Munson — Yea
Watson — Yea
Myers — Yea
Osmond — Yea
Davis, Monique — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Jones — Not Voting
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Cross — Yea
Cultra — Not Voting
Currie — Yea
D'Amico — Yea
Daniels — Yea
Flider — Not Voting
Hassert — Yea
Hultgren — Yea
Kosel — Yea
Yarbrough — Yea
Younge — Yea
Reitz — Yea
Lyons — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Not Voting
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Democrat 5000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
DeLeo — Yea
Haine — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Peterson — Yea
Munoz — Yea
Brady — Yea
Schoenberg — Yea
Sullivan, D. — Yea
Shadid — Yea
Sullivan, J. — Yea
Trotter — Yea
Viverito — Yea
Jacobs — Yea
Wilhelmi — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Winkel — Yea
Wojcik — Yea
Demuzio — Yea
Petka — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety housing environment
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Frequently asked questions

What does SB 613 do?
Amends the Township Code. Provides that when a petition is filed, signed by not less than 5% or 50 of the registered voters of the township, whichever is greater, that recommends that the board commence the preparation of an open space plan, the township clerk shall provide a public notice within 5 business days after the petition is filed, by the regular notice procedures, of the existence of the filed petition. Provides that a hearing shall be conducted no less than 30 days after the petition was filed to determine the validity of the petition, which may be challenged in accord with the general election law. Provides that a subsequent petition to adopt the open space plan that the township board adopted shall be approved if the petition is determined to be valid following a public notice and a public hearing. Effective immediately.
Who sponsors SB 613?
SB 613 is sponsored by Terry Link, Barbara Flynn Currie, and Mary E. Flowers.
What is the current status of SB 613?
This bill has been enacted into law. Introduced February 18, 2005. Enacted.
Where can I track SB 613?
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