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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||||||||||||||||||||||||
5 | Sections 5.891 and 6z-65.1 as follows: | ||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.891 new) | ||||||||||||||||||||||||||||
7 | Sec. 5.891. The Deferred Maintenance Property Fund. | ||||||||||||||||||||||||||||
8 | (30 ILCS 105/6z-65.1 new) | ||||||||||||||||||||||||||||
9 | Sec. 6z-65.1. The Deferred Maintenance Property Fund. | ||||||||||||||||||||||||||||
10 | (a) The Deferred Maintenance Property Fund is created as a | ||||||||||||||||||||||||||||
11 | special fund in the State treasury. The proceeds of a sale of | ||||||||||||||||||||||||||||
12 | surplus property by the Department of Central Management | ||||||||||||||||||||||||||||
13 | Services shall be deposed into the Fund. | ||||||||||||||||||||||||||||
14 | (b) Revenue derived from the sale of surplus property shall | ||||||||||||||||||||||||||||
15 | be expended only for the following purposes: payment of | ||||||||||||||||||||||||||||
16 | property obligations; costs for construction, reconstruction, | ||||||||||||||||||||||||||||
17 | maintenance, repair, and any betterment of State owned | ||||||||||||||||||||||||||||
18 | properties; and other statutory purposes. | ||||||||||||||||||||||||||||
19 | (c) Any federal funds in the Deferred Maintenance Property | ||||||||||||||||||||||||||||
20 | Fund may be spent for any purposes authorized by federal law. | ||||||||||||||||||||||||||||
21 | (d) None of the revenues described in this Section shall, | ||||||||||||||||||||||||||||
22 | by transfer, offset, or otherwise, be diverted to any other |
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1 | purpose. | ||||||
2 | Section 10. The State Property Control Act is amended by | ||||||
3 | changing Section 7.1 as follows:
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4 | (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
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5 | Sec. 7.1.
(a) Except as otherwise provided by law, all | ||||||
6 | surplus real
property held by the State of Illinois shall be | ||||||
7 | disposed of by the
administrator as provided in this Section. | ||||||
8 | "Surplus real property," as
used in this Section, means any | ||||||
9 | real property to which the State holds fee
simple title or
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10 | lesser interest, and is determined by the head of the owning | ||||||
11 | agency to no longer be required for the State agency's needs | ||||||
12 | and responsibilities vacant, unoccupied or unused and which has | ||||||
13 | no
foreseeable use by the owning agency .
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14 | (b) All responsible officers shall submit an Annual Real | ||||||
15 | Property
Utilization Report to the Administrator, or annual | ||||||
16 | update of such
report, on forms required by the Administrator, | ||||||
17 | by July 31 of each year.
The Administrator may require such | ||||||
18 | documentation as he deems reasonably
necessary in connection | ||||||
19 | with this Report, and shall require that such
Report include | ||||||
20 | the following information:
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21 | (1) A legal description of all real property owned by the | ||||||
22 | State
under the control of the responsible officer.
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23 | (2) A description of the use of the real property listed | ||||||
24 | under (1).
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1 | (3) A list of any improvements made to such real property | ||||||
2 | during the
previous year.
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3 | (4) The dates on which the State first acquired its | ||||||
4 | interest in such
real property, and the purchase price and | ||||||
5 | source of the funds used to
acquire the property.
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6 | (5) Plans for the future use of currently unused real | ||||||
7 | property.
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8 | (6) A declaration of any surplus real property.
On or | ||||||
9 | before October 31 of each year the Administrator shall furnish
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10 | copies of each responsible officer's report along with a list | ||||||
11 | of surplus
property indexed by legislative district to the | ||||||
12 | General Assembly.
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13 | This report shall be filed with the Speaker, the Minority | ||||||
14 | Leader and the
Clerk of the House of Representatives and the | ||||||
15 | President, the Minority
Leader and the Secretary of the Senate | ||||||
16 | and shall be duplicated and made
available to the members of | ||||||
17 | the General Assembly for evaluation by such
members for | ||||||
18 | possible liquidation of unused public property at public sale.
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19 | (c) Following receipt of the Annual Real Property | ||||||
20 | Utilization Report
required under paragraph (b), the | ||||||
21 | Administrator shall notify all State
agencies by October 31 of | ||||||
22 | all declared surplus real
property. Any State
agency may submit | ||||||
23 | a written request to the Administrator, within 60 days
of the | ||||||
24 | date of such notification, to have control of surplus real
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25 | property transferred to that agency. Such request must indicate | ||||||
26 | the
reason for the transfer and the intended use to be made of |
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1 | such surplus
real property. The Administrator may deny any or | ||||||
2 | all such requests by a
State agency or agencies if the | ||||||
3 | Administrator determines that it is more
advantageous to the | ||||||
4 | State to dispose of the surplus real property under
paragraph | ||||||
5 | (d). In case requests for the same surplus real property are
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6 | received from more than one State agency, the Administrator | ||||||
7 | shall weigh
the benefits to the State and determine to which | ||||||
8 | agency, if any, to
transfer control of such property. The | ||||||
9 | Administrator shall coordinate
the use and disposal of State | ||||||
10 | surplus real property with any State space
utilization program.
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11 | (d) Any surplus real property which is not transferred to | ||||||
12 | the
control of another State agency under paragraph (c) shall | ||||||
13 | be disposed of
by the Administrator. No appraisal is required | ||||||
14 | if during his initial
survey of surplus real property the | ||||||
15 | Administrator determines such
property has a fair market value | ||||||
16 | of less than $5,000. If the value of
such property is | ||||||
17 | determined by the Administrator in his initial survey
to be | ||||||
18 | $5,000 or more, then the Administrator shall obtain 2 3 | ||||||
19 | appraisals
of such real property, which shall include known | ||||||
20 | liabilities, including, but not limited to, environmental | ||||||
21 | costs one of which shall be performed by an appraiser
residing | ||||||
22 | in the county in which said surplus real property is located .
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23 | The average of these 2 3 appraisals , plus the costs of | ||||||
24 | obtaining the
appraisals, shall represent the fair market value | ||||||
25 | of the surplus real
property. However, if the 2 appraisals | ||||||
26 | differ by more than 15%, then the Administrator shall obtain a |
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1 | third appraisal, and the fair market value shall be the average | ||||||
2 | of these 3 appraisals. | ||||||
3 | No surplus real property may be conveyed by the | ||||||
4 | Administrator
for less than the fair market value unless the | ||||||
5 | Administrator makes a written determination that it is in the | ||||||
6 | best interests of the State to establish a different value. | ||||||
7 | That written determination shall be published in the Illinois | ||||||
8 | Procurement Bulletin. Such written determination, along with | ||||||
9 | an affidavit setting forth the conditions and circumstances | ||||||
10 | that make the use of a different value in the best interests of | ||||||
11 | the State, shall also be filed with the Executive Ethics | ||||||
12 | Commission. The Executive Ethics Commission shall have 30 days | ||||||
13 | to review the written determination. The Executive Ethics | ||||||
14 | Commission may order an additional 30 days to review the | ||||||
15 | written determination. The Administrator shall provide the | ||||||
16 | Executive Ethics Commission with any information requested by | ||||||
17 | the Executive Ethics Commission related to the Administrator's | ||||||
18 | determination of the value of the surplus real property. If the | ||||||
19 | Executive Ethics Commission objects in writing to the value | ||||||
20 | determined by the Administrator, then the Administrator shall | ||||||
21 | not convey the surplus real property for less than either the | ||||||
22 | fair market value as determined by the average of appraisals or | ||||||
23 | an amount agreed upon by the Executive Ethics Commission and | ||||||
24 | the Administrator. Circumstances in which it is in the best | ||||||
25 | interest of the State to establish a different value may | ||||||
26 | include, but are not limited to, the following: an auction did |
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1 | not yield any bids at the established fair market value; a unit | ||||||
2 | of local government is interested in acquiring the surplus real | ||||||
3 | property; or the costs to the State of maintaining such surplus | ||||||
4 | real property are sufficiently high that it would be reasonable | ||||||
5 | to a prudent person to sell such surplus real property for less | ||||||
6 | than the fair market value established by the average of the | ||||||
7 | appraisals . | ||||||
8 | Prior to offering the surplus real
property for sale to the | ||||||
9 | public the Administrator shall give notice in
writing of the | ||||||
10 | existence and fair market value of the surplus real
property to | ||||||
11 | each State agency and to the governing bodies of the county and | ||||||
12 | of all cities,
villages and incorporated towns in the county in | ||||||
13 | which such real
property is located. Any such State agency or | ||||||
14 | governing body may notify the Administrator of its interest in | ||||||
15 | acquiring exercise its option to
acquire the surplus real | ||||||
16 | property for the fair market value within a notice period set | ||||||
17 | by the Administrator of at least 14 days. If any State agency | ||||||
18 | notifies the Administrator of its interest in acquiring the | ||||||
19 | surplus property, the Administrator may deny any such requests | ||||||
20 | by such agency if the Administrator determines that it is more | ||||||
21 | advantageous to the State to dispose of the surplus real | ||||||
22 | property to a governing body or the public. If a governing body | ||||||
23 | notifies the Administrator of its interest in acquiring the | ||||||
24 | property, then the Administrator shall wait a minimum of 30 | ||||||
25 | additional days during which the Administrator may engage in | ||||||
26 | negotiations with such governing body for the sale of the |
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1 | surplus real property 60
days of the notice . After the notice | ||||||
2 | period set by the Administrator of at least 14 days the 60 day | ||||||
3 | period has passed, the
Administrator may sell the surplus real | ||||||
4 | property by public auction , which may include an electronic | ||||||
5 | auction or the use of sealed bids, following notice of such | ||||||
6 | sale by publication on 3 separate days not less
than 15 nor | ||||||
7 | more than 30 days prior to the sale in the State newspaper
and | ||||||
8 | in a newspaper having general circulation in the county in | ||||||
9 | which the
surplus real property is located. The Administrator | ||||||
10 | shall post "For
Sale" signs of a conspicuous nature on such | ||||||
11 | surplus real property
offered for sale to the public. If no | ||||||
12 | acceptable offers for the surplus
real property are received, | ||||||
13 | the Administrator may have new appraisals of
such property | ||||||
14 | made. The Administrator shall have all power necessary to
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15 | convey surplus real property under this Section. All moneys | ||||||
16 | received
for the sale of surplus real property shall be | ||||||
17 | deposited into the Deferred Maintenance Property Fund and shall | ||||||
18 | be used for the maintenance and repair of State properties in | ||||||
19 | the General
Revenue Fund , except that: | ||||||
20 | (1) Where moneys expended for the acquisition of such
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21 | real property were from a special fund which is still a | ||||||
22 | special fund in
the State treasury, this special fund shall | ||||||
23 | be reimbursed in the amount
of the original expenditure and | ||||||
24 | any amount in excess thereof shall be
deposited in the | ||||||
25 | General Revenue Fund. | ||||||
26 | (2) Whenever a State mental health facility operated by |
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1 | the Department of Human Services is closed and the real | ||||||
2 | estate on which the facility is located is sold by the | ||||||
3 | State, the net proceeds of the sale of the real estate | ||||||
4 | shall be deposited into the Community Mental Health | ||||||
5 | Medicaid Trust Fund. | ||||||
6 | (3) Whenever a State developmental disabilities | ||||||
7 | facility operated by the Department of Human Services is | ||||||
8 | closed and the real estate on which the facility is located | ||||||
9 | is sold by the State, the net proceeds of the sale of the | ||||||
10 | real estate shall be deposited into the Community | ||||||
11 | Developmental Disability Services Medicaid Trust Fund.
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12 | (4) Any net proceeds from the sale of the James R. | ||||||
13 | Thompson Center shall be deposited into the General Revenue | ||||||
14 | Fund. | ||||||
15 | The Administrator shall have authority to order such | ||||||
16 | surveys, abstracts
of title, or commitments for title insurance | ||||||
17 | as may, in his reasonable
discretion, be deemed necessary to | ||||||
18 | demonstrate to prospective purchasers or
bidders good and | ||||||
19 | marketable title in any property offered for sale pursuant
to | ||||||
20 | this Section. Unless otherwise specifically authorized by the | ||||||
21 | General
Assembly, all conveyances of property made by the | ||||||
22 | Administrator shall be by
quit claim deed.
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23 | (e) The Administrator shall submit an annual report on or | ||||||
24 | before
February 1 to the Governor and the General Assembly | ||||||
25 | containing a
detailed statement of surplus real property either | ||||||
26 | transferred or
conveyed under this Section.
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1 | (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | ||||||
2 | 96-1000, eff. 7-2-10.)
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