Bill Status of HB 230   93rd General Assembly

Short Description:  AGRICULTURAL LAND PRESERVATION

House Sponsors
Rep. Dave Winters-Elizabeth Coulson-Karen May

Senate Sponsors
(Sen. Lawrence M. Walsh)


Last Action  View All Actions

DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
505 ILCS 5/4from Ch. 5, par. 1004
505 ILCS 5/5from Ch. 5, par. 1005
505 ILCS 5/6from Ch. 5, par. 1006
505 ILCS 5/7from Ch. 5, par. 1007
505 ILCS 5/8from Ch. 5, par. 1008
505 ILCS 5/9from Ch. 5, par. 1009
505 ILCS 5/10from Ch. 5, par. 1010
505 ILCS 5/11from Ch. 5, par. 1011
505 ILCS 5/11.5 new
505 ILCS 5/12from Ch. 5, par. 1012
505 ILCS 5/13from Ch. 5, par. 1013
505 ILCS 5/16from Ch. 5, par. 1016
505 ILCS 5/17from Ch. 5, par. 1017
505 ILCS 5/18from Ch. 5, par. 1018
505 ILCS 5/20.2from Ch. 5, par. 1020.2

Synopsis As Introduced
Amends the Agricultural Areas Conservation and Protection Act. Provides that a county board shall grant a preference to the recommendation of the landowners in reviewing agricultural areas. Provides that a petition for dissolution of an agricultural area may be submitted during the year (now 120 days) before the 10-year anniversary of the creation of the area. Provides that the Department of Agriculture must develop an incentive program for land stewardship that pays up to 75% of the costs of assistance to form, expand, maintain, or renew agricultural areas. Provides that landowners within an agricultural area may not be subjected to a nuisance suit based on the designation or maintenance of the land as an agricultural area. Provides that the protection does not apply to suits for the prohibition of contaminant discharge under the Environmental Protection Act. Provides that the Department of Agriculture may give technical assistance and provide other resources if the land owners are subjected to any other private civil action. Establishes additional procedures for county boards creating designated agricultural areas within their counties. Changes some of the existing procedures to be followed by county boards in creating agricultural areas. Adds additional factors to be considered in deciding whether to create agricultural areas and by persons seeking withdrawal of land from those areas. Creates additional provisions with regard to the filing of petitions to dissolve an agricultural area. Makes other changes. Effective immediately.

House Amendment No. 1
Provides that a county board may (instead of shall) establish a county agricultural areas committee. Provides that an agricultural area, at the creation of the area, shall be at least 350 acres in all counties with a population under 600,000 and not less than 100 acres in all counties with a population of 600,000 or more. Requires the Department of Agriculture to carry out, subject to appropriation (instead of develop, by rule), an incentive program for land stewardship. Requires individual notice of a public hearing to review agricultural areas to the persons owning land immediately adjacent to an agricultural area (now, just adjacent). Removes a provision that no local government shall exercise any of its powers to enact local laws or ordinances within an agricultural area in a manner that would restrict or regulate the acquisition of land by annexation or eminent domain. Provides that the owners of land within an agricultural area may be subjected to a civil action for nuisance by a private party if the nuisance is created by willful and wanton misconduct. Provides that the Department of Agriculture may (instead of shall) give technical assistance to owners of land within an agricultural area if subjected to any other private civil action and removes a provision requiring the Department to provide other resources for that purpose.

Actions 
DateChamber Action
  1/22/2003HouseFiled with the Clerk by Rep. Dave Winters
  1/23/2003HouseFirst Reading
  1/23/2003HouseReferred to Rules Committee
  1/29/2003HouseAssigned to Executive Committee
  2/11/2003HouseRe-assigned to Agriculture and Conservation Committee
  3/5/2003HouseDo Pass / Short Debate Agriculture and Conservation Committee; 016-000-000
  3/5/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/6/2003HouseHouse Amendment No. 1 Filed with Clerk by Rep. Dave Winters
  3/6/2003HouseHouse Amendment No. 1 Referred to Rules Committee
  3/11/2003HouseHouse Amendment No. 1 Rules Refers to Agriculture and Conservation Committee
  3/12/2003HouseHouse Amendment No. 1 Recommends Be Adopted Agriculture and Conservation Committee; 016-000-000
  3/27/2003HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  3/27/2003HouseAdded Chief Co-Sponsor Rep. Karen May
  3/27/2003HouseSecond Reading - Short Debate
  3/27/2003HouseHouse Amendment No. 1 Adopted by Voice Vote
  3/27/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/1/2003HouseThird Reading - Short Debate - Passed 117-000-000
  4/2/2003SenateArrive in Senate
  4/2/2003SenatePlaced on Calendar Order of First Reading April 3, 2003
  4/16/2003SenateChief Senate Sponsor Sen. Lawrence M. Walsh
  4/16/2003SenateFirst Reading
  4/16/2003SenateReferred to Rules
  1/11/2005HouseSession Sine Die

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