SB3300 101ST GENERAL ASSEMBLY

LRB101 20247 RJF 70247 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3300

Introduced 2/11/2020, by Sen. Steve McClure

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.930 new
30 ILCS 605/7.9 new

Amends the State Property Control Act. Requires the Director of Central Management Services, as administrator, to assess surplus real property held by the State and determine whether such property is unsellable in its current assessed condition. Provides assessment factors. Requires the administrator to prepare a report based upon the assessment that includes all surplus real properties that he or she assessed as unsellable. Provides further contents of the report. Requires the administrator to submit the report to the Governor and the General Assembly beginning on or before February 1, 2022, and for every even-numbered year thereafter. Provides that the administrator is authorized, subject to General Assembly approval, to pursue the recommended course of action for each property specified in the report. Allows the administrator to use funds held in the Sustainable Ownership and Surplus Property Environmental Clean-up Fund for specified purposes. Creates the Sustainable Ownership and Surplus Property Environmental Clean-up Fund as a special fund in the State treasury. Specifies the use of the Fund. Provides for the adoption of rules. Amends the State Finance Act to provide for the Sustainable Ownership and Surplus Property Environmental Clean-up Fund.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.930 as follows:

(30 ILCS 105/5.930 new)

Sec. 5.930. The Sustainable Ownership and Surplus Property Environmental Clean-up Fund.

Section 10. The State Property Control Act is amended by adding Section 7.9 as follows:

(30 ILCS 605/7.9 new)

Sec. 7.9. Long-vacant surplus real property.

(a) The administrator shall assess surplus real property, as defined under Section 7.1, and determine whether such property is unsellable in its current assessed condition. The administrator shall consider the following factors in making his or her assessment under this Section:

(1) the length of time the property has been designated as surplus real property, with properties held as such for more than 5 years being considered unsellable for purposes of this Section, absent extenuating circumstances;

(2) the annual State maintenance and security costs in relation to the property's estimated fair market value; and

(3) any excessive liabilities or other prominent concerns.

(b) The administrator shall prepare a report based upon the assessment that includes all surplus real properties that he or she assessed as unsellable. The report shall further include:

(1) the number of years each property has been vacant;

(2) the assessed fair market value of each property, as determined by an appraisal;

(3) the annual maintenance costs the State incurs for each property;

(4) the estimated demolition and remediation costs of each property;

(5) a statement describing any attempts made by the administrator to sell each property, including the issues faced in attempting to sell each property; and

(6) a recommendation of the type of action the State should take to address the issues on each property, including an estimated cost of such work and a timeline to complete such work.

(c) Beginning on or before February 1, 2022, and for every even-numbered year thereafter, the administrator shall submit the report prepared under this Section to the Governor and the General Assembly. Subject to approval by the General Assembly, the administrator is authorized to pursue the recommended course of action for each property specified in the report. The administrator may use, subject to appropriation, funds held in the Sustainable Ownership and Surplus Property Environmental Clean-up Fund for demolition and environmental remediation costs at the proposed surplus properties, and any other action related to the disposal of properties specified in the report.

(d) The Sustainable Ownership and Surplus Property Environmental Clean-up Fund is created as a special fund in the State treasury. Subject to appropriation, moneys in the Fund shall be used by the administrator for demolishing structures, conducting environmental remediation work, and other related actions at surplus real properties as authorized under this Section.

Notwithstanding any other provision of law to the contrary, the Sustainable Ownership and Surplus Property Environmental Clean-up Fund is not subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Sustainable Ownership and Surplus Property Environmental Clean-up Fund into any other fund of the State.

For the purposes of this subsection (d), "structures" means any building, improvement, pipe system, or other engineered system or edifice built or constructed on the surplus real property.

(e) The administrator may adopt rules necessary to implement and perform the requirements of this Section.