093_HB0221enr

 
HB0221 Enrolled                      LRB093 04292 AMC 04338 b

 1        AN ACT in relation to property.

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

 4        Section 5.  The Department of Central Management Services
 5    Law  of  the Civil Administrative Code of Illinois is amended
 6    by changing Section 405-305 as follows:

 7        (20 ILCS 405/405-305) (was 20 ILCS 405/67.06)
 8        Sec. 405-305.  Lease  of  unused  or  unproductive  State
 9    land.  To  lease,  at  the fair market rental value rate, the
10    unused or unproductive land under the jurisdiction of any  of
11    the  several  departments on terms and conditions that in the
12    judgement of the Director are in the best  interests  of  the
13    State.  The Department may lease property at a rate less than
14    60% of the fair market rental value  rate  only  if  (i)  the
15    Director  certifies  in  writing  the reasons for leasing the
16    property at that rate and (ii) the rate constitutes fair  and
17    adequate  compensation.  The  Director may not lease property
18    for nominal consideration, except with the  approval  of  the
19    General  Assembly  by  joint  resolution. For the purposes of
20    this Section, "nominal consideration" means less than 10%  of
21    the fair market rental value.
22        No  appraisal is required if during its initial survey of
23    the property the Department determines the  property  has  an
24    annual  fair  market rental value of less than $10 per square
25    foot.  If the annual fair market rental value of the property
26    is determined by the Department in its initial survey  to  be
27    $10 per square foot or more, then the Department shall obtain
28    an  appraisal by a State certified real estate appraiser. The
29    appraisal shall represent the fair market rental value of the
30    property.
31        Any responsible officer, person, or employee of the State
 
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 1    government who knowingly violates this Section is guilty of a
 2    Class B misdemeanor. A second or subsequent violation of this
 3    Section by that officer, person, or employee  is  a  Class  A
 4    misdemeanor.
 5    (Source: P.A. 91-239, eff. 1-1-00.)

 6        Section 10.  The State Property Control Act is amended by
 7    changing Sections 1.01, 7.1, and 9 as follows:

 8        (30 ILCS 605/1.01) (from Ch. 127, par. 133b2)
 9        Sec.  1.01.  "Responsible officer" means and includes all
10    elective State officers;  directors  of  the  executive  code
11    departments;  presidents  of State universities and colleges;
12    chairmen of executive boards, bureaus, and  commissions;  and
13    all  other officers in charge of the property of the State of
14    Illinois,  including  subordinates  of  responsible  officers
15    deputized by them to carry out some or all  of  their  duties
16    under this Act.
17    (Source: P.A. 82-1047.)

18        (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
19        Sec.  7.1.   (a) Except as otherwise provided by law, all
20    surplus real property held by the State of Illinois shall  be
21    disposed of by the administrator as provided in this Section.
22    "Surplus  real  property," as used in this Section, means any
23    real property to which the State holds fee  simple  title  or
24    lesser  interest,  and  is  vacant,  unoccupied or unused and
25    which has no foreseeable use by the owning agency.
26        (b)  All responsible officers shall submit an Annual Real
27    Property Utilization Report to the Administrator,  or  annual
28    update   of   such   report,   on   forms   required  by  the
29    Administrator, by October 30 of each year. The  Administrator
30    may   require  such  documentation  as  he  deems  reasonably
31    necessary in connection with this Report, and  shall  require
 
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 1    that such Report include the following information:
 2        (1)  A  legal  description  of all real property owned by
 3    the State under the control of the responsible officer.
 4        (2)  A description of the use of the real property listed
 5    under (1).
 6        (3)  A  list  of  any  improvements  made  to  such  real
 7    property during the previous year.
 8        (4)  The dates on which  the  State  first  acquired  its
 9    interest  in  such  real property, and the purchase price and
10    source of the funds used to acquire the property.
11        (5)  Plans for the future use of  currently  unused  real
12    property.
13        (6)  A  declaration  of  any surplus real property. On or
14    before November 30 December 31 of each year the Administrator
15    shall furnish copies of  each  responsible  officer's  report
16    along  with a list of surplus property indexed by legislative
17    district to the General Assembly.
18        This report shall be filed with the Speaker, the Minority
19    Leader and the Clerk of the House of Representatives and  the
20    President,  the  Minority  Leader  and  the  Secretary of the
21    Senate and shall be duplicated  and  made  available  to  the
22    members  of  the  General  Assembly  for  evaluation  by such
23    members for possible liquidation of unused public property at
24    public sale.  The  members  of  the  General  Assembly  shall
25    review the list of surplus properties and submit any comments
26    to  the Administrator by January 15 of the year following the
27    reports   submission   to   the   General   Assembly.     The
28    Administrator  must consider these comments when disposing of
29    the property.
30        (c)  Following  receipt  of  the  Annual  Real   Property
31    Utilization   Report  required  under  paragraph  (b),    the
32    Administrator shall notify all State agencies by December  31
33    of  all declared surplus real property.  Any State agency may
34    submit a written request to the Administrator, within 60 days
 
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 1    of the date of such notification, to have control of  surplus
 2    real  property transferred to that agency.  Such request must
 3    indicate the reason for the transfer and the intended use  to
 4    be made of such surplus real property.  The Administrator may
 5    not deny a request any or all such requests by a State agency
 6    unless or agencies if the Administrator determines that it is
 7    more advantageous to the State to dispose of the surplus real
 8    property  under paragraph (d).  In case requests for the same
 9    surplus real property are received from more than  one  State
10    agency   requests  the  same  property,  in  which  case  the
11    Administrator shall weigh  the  benefits  to  the  State  and
12    determine to which agency, if any, to transfer control of the
13    such property or determine how the property shall be divided.
14    The  Administrator  shall  coordinate the use and disposal of
15    State surplus real property with any State space  utilization
16    program.
17        (d)  Any  Surplus  real property which is not transferred
18    to the control of another State agency  under  paragraph  (c)
19    shall  be  disposed of by the Administrator.  No appraisal is
20    required  if  during  his  initial  survey  of  surplus  real
21    property the Administrator determines  such  property  has  a
22    fair  market value of less than $15,000 $5,000.  If the value
23    of such property is determined by the  Administrator  in  his
24    initial  survey  to  be  $15,000  $5,000  or  more,  then the
25    Administrator  shall  obtain  3  appraisals  of   such   real
26    property,  one  of  which  shall be performed by an appraiser
27    residing in  the  county  in  which  the  said  surplus  real
28    property  is located. The average of these 3 appraisals, plus
29    the costs of obtaining the appraisals,  shall  represent  the
30    fair  market  value of the surplus real property.  No surplus
31    real property may be conveyed by the Administrator  for  less
32    than  the  fair  market value.  Prior to offering the surplus
33    real property for sale to the public the Administrator  shall
34    give notice in writing of the existence and fair market value
 
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 1    of  the  surplus real property to the governing bodies of the
 2    county and of all cities, villages and incorporated towns  in
 3    the  county in which such real property is located.  Any such
 4    governing body may exercise its option to acquire the surplus
 5    real property for the fair market value within 60 days of the
 6    notice.   After  the  60   day   period   has   passed,   the
 7    Administrator  may  sell  the surplus real property by public
 8    auction following notice of such sale  by  publication  on  3
 9    separate days not less than 15 nor more than 30 days prior to
10    the  sale  in  the  State newspaper and in a newspaper having
11    general circulation in the county in which the  surplus  real
12    property is located.  The Administrator shall post "For Sale"
13    signs  of  a conspicuous nature on such surplus real property
14    offered for sale to the public.  If no acceptable offers  for
15    the surplus real property are received, the Administrator may
16    have new appraisals of such property made.  The Administrator
17    shall  have  all  power  necessary  to  convey  surplus  real
18    property  under  this  Section.   All moneys received for the
19    sale of surplus real  property  shall  be  deposited  in  the
20    General  Revenue  Fund,  except where moneys expended for the
21    acquisition of such real property were from  a  special  fund
22    which  is  still  a  special fund in the State treasury, this
23    special fund  shall  be  reimbursed  in  the  amount  of  the
24    original  expenditure  and any amount in excess thereof shall
25    be deposited in the General Revenue Fund.
26        The Administrator shall  have  authority  to  order  such
27    surveys,   abstracts  of  title,  or  commitments  for  title
28    insurance as may, in his  reasonable  discretion,  be  deemed
29    necessary to demonstrate to prospective purchasers or bidders
30    good  and  marketable  title in any property offered for sale
31    pursuant to  this  Section.   Unless  otherwise  specifically
32    authorized  by  the  General  Assembly,  all  conveyances  of
33    property  made  by  the  Administrator shall be by quit claim
34    deed.
 
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 1        (e)  The Administrator shall submit an annual  report  by
 2    on  or  before  February  1  to  the Governor and the General
 3    Assembly containing a  detailed  statement  of  surplus  real
 4    property either transferred or conveyed under this Section.
 5    (Source: P.A. 85-315.)

 6        (30 ILCS 605/9) (from Ch. 127, par. 133b12)
 7        Sec.  9.  Any responsible officer, person, or employee of
 8    the State  government  who  knowingly  violates  any  of  the
 9    provisions,  rules, regulations, directions and orders as set
10    forth  in  this  Act  is  shall  be  guilty  of  a  Class   B
11    misdemeanor.   A  second  or  subsequent  violation  by  that
12    officer, person, or employee is a Class A misdemeanor.
13    (Source: P.A. 77-2598.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.