Summary as Introduced
Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that, after the effective date of the amendatory Act, a township board may lease open space that is a part of the township's open space program for a period not longer than 25 years from the date of the lease to an individual, a nonprofit organization, the federal government, a state government, or a local government for specified purposes consistent with open space purposes. Provides that, upon expiration of a lease of land that was leased after the effective date of the amendatory Act, title to all structures on the leased land shall be vested in the township. Provides that leased open space may be used for agricultural purposes. Provides that a township board may lease open space for open space purposes and buildings and facilities on the open space to an individual, a nonprofit organization, the federal government, a state government, or a local government. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used for open space purposes unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government.
Staff Analysis
House Bill 1367 proposes several amendments to the Township Open Space Article of the Township Code. These changes aim to enhance the management and utilization of township-designated open spaces.
Key Changes to Existing Law:
Reduction of Minimum Acreage for Open Space Designation
• The bill reduces the minimum acreage required for land to be considered “open land” or “open space” from 50 acres to 25 acres. This change allows smaller parcels of land to qualify for open space programs.
Inclusion of Agricultural Development
• HB 1367 expands the definition of “open space purposes” to include development for agricultural purposes, recognizing agriculture as a valid use within designated open spaces.
Leasing Provisions
• The bill permits township boards to lease open space land for up to 25 years to individuals, nonprofit organizations, or government entities for purposes consistent with open space objectives. Upon lease expiration, any structures on the land will become the property of the township.
Disposition of Open Space
• The bill mandates that any sale or transfer of open space by a township board requires approval through a referendum, ensuring that such decisions reflect the will of the township’s voters.
Continuation of Open Space Use Upon Township Changes
• In cases where a township is dissolved, consolidated, merged, or its boundaries altered, the bill stipulates that existing open spaces must continue to be used for open space purposes unless a two-thirds majority of the governing board approves disposal, followed by a voter referendum.
Impact on Counties:
The provisions of HB 1367 are specifically directed at townships and their management of open spaces. As such, the bill does not impose new requirements or responsibilities on county governments. Counties will not be directly affected by these changes, as the focus remains on township-level governance and land management.
Changes Proposed by House Amendment 1
The proposed amendment to SB 1367 introduces new exceptions to the general rule requiring a referendum for the sale or transfer of township-designated open space. Here’s a breakdown of how this amendment would change the bill, how it alters existing law, and what the implications are—particularly for townships and counties:
Current Legal Framework (Under HB 1367 & Existing Law)
Under the Township Code, townships must typically seek voter approval via referendum before disposing of or conveying land designated as open space. This is designed to ensure that such lands, often acquired through taxpayer funding, are protected for public use and conservation.
How This Amendment Changes SB 1367
New Exception: Transfer to IDOT Without Referendum
The amendment would allow township boards to sell, convey, or donate open space land to the Illinois Department of Transportation (IDOT) without a referendum, but only under the following conditions:
• The land must be transferred specifically for road purposes (e.g., road widening, new highways, etc.).
• IDOT and the township board must hold at least one public hearing.
• Citizens must be able to review plans and provide comments.
• Advance notice is required:
• At least 20 days before the hearing.
• At least 30 days before the board vote.
• Notice must be published in a local newspaper and sent to the Governor and all General Assembly members representing the district.
• The township board must approve the conveyance by a two-thirds vote.
Additional Flexibility for Transfers to Governments and Nonprofits
The amendment also adds an exception to allow disposal of open space land (without referendum) if:
• The land is transferred to a nonprofit, the federal government, a state government, or another local government, and
• The land is to be used for open space purposes.
Impact on Existing Law
This amendment modifies the long-standing referendum requirement for disposing of township open space by creating limited exceptions that prioritize:
• Infrastructure development (IDOT)
• Collaborative conservation (government and nonprofit transfers)
It introduces procedural safeguards (e.g., public hearings, notice requirements, supermajority vote), but also grants townships more flexibility and discretion under specific circumstances.
Impact on Counties and Townships
For Townships
• Gain more control and flexibility in managing open space land, especially in coordinating with IDOT or transferring land to government or nonprofit entities for continued open space use.
• Can respond more quickly to transportation projects without needing to go through lengthy referendum processes.
• Still required to follow transparency measures like public hearings and supermajority votes.
For Counties
• Indirect impact only. Counties that coordinate with townships on land use, road planning, or regional conservation may benefit from more streamlined land transfers for:
• Road improvements
• Public land consolidation
• Preservation efforts
Counties are not granted new powers or responsibilities under this amendment.
Summary
The amendment to SB 1367:
• Carves out specific exceptions to the referendum requirement for selling or donating township open space.
• Balances flexibility with public accountability, especially for road development and conservation partnerships.
• Enhances township autonomy while maintaining transparency and oversight.