91st General Assembly
Summary of HB0060
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House Sponsors:
WINTERS-SLONE-LINDNER-SCOTT-WIRSING, LAWFER, STROGER, 
   HOLBROOK, GASH AND ERWIN.

Senate Sponsors:
RAUSCHENBERGER

Short description: 
AGRICULTURAL LAND PRESERVATION                                             

Synopsis of Bill 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 and must be signed by a ma-         
   jority (now two-thirds) of the landowners. Provides that the Depart-        
   ment of Agriculture must develop an incentive program for land ste-         
   wardship that pays up to 75% of the costs of assistance to form, ex-        
   pand, 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.  Amends the Farmland Preservation Act.  Defines prime  farmland.      
   Provides that agency notification of a capital project must include an      
   alternate plan that minimizes or eliminates conversion of prime             
   farmland. Provides that an agency may not initiate a project without        
   the Director of Agriculture's determination of Act compliance. Makes        
   other changes. Effective immediately.                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          505 ILCS 75/2                                                        
          505 ILCS 75/4                                                        
          505 ILCS 75/5                                                        
        Provides that landowners within an agricultural area may  not  be      
   subjected to a civil suit. 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.      
   Deletes the amendatory changes in the Farmland Preservation Act.            
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          505 ILCS 5/12                   from Ch. 5, par. 1012                
          505 ILCS 5/13                   from Ch. 5, par. 1013                
        Deletes everything.  Reinstates the provisions  of  the  bill  as      
   amended.    Further  amends  the  Agricultural  Areas Conservation and      
   Protection Act.  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. Effective immediately.                                   
        HOUSE AMENDMENT NO. 3.                                                 
        Changes the designation of a proposal to a "petition". Provides        
   that the Department shall pay stewardship costs or provide civil suit       
   assistance. Restores the provisions concerning adding land to agricul-      
   tural areas. Effective immediately.                                         
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   0


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