Illinois General Assembly - Full Text of SB2326
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Full Text of SB2326  95th General Assembly



SB2326 Engrossed LRB095 18841 RCE 44968 b

1     AN ACT concerning finance.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The State Property Control Act is amended by
5 changing Section 7.1 as follows:
6     (30 ILCS 605/7.1)  (from Ch. 127, par. 133b10.1)
7     Sec. 7.1. (a) Except as otherwise provided by law, all
8 surplus real property held by the State of Illinois shall be
9 disposed of by the administrator as provided in this Section.
10 "Surplus real property," as used in this Section, means any
11 real property to which the State holds fee simple title or
12 lesser interest, and is vacant, unoccupied or unused and which
13 has no foreseeable use by the owning agency.
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 October 30 of each year. The Administrator may
18 require such documentation as he deems reasonably necessary in
19 connection with this Report, and shall require that such Report
20 include the following information:
21     (1) A legal description of all real property owned by the
22 State under the control of the responsible officer.
23     (2) A description of the use of the real property listed



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1 under (1).
2     (3) A list of any improvements made to such real property
3 during the previous year.
4     (4) The dates on which the State first acquired its
5 interest in such real property, and the purchase price and
6 source of the funds used to acquire the property.
7     (5) Plans for the future use of currently unused real
8 property.
9     (6) A declaration of any surplus real property. On or
10 before December 31 of each year the Administrator shall furnish
11 copies of each responsible officer's report along with a list
12 of surplus property indexed by legislative district to the
13 General Assembly.
14     This report shall be filed with the Speaker, the Minority
15 Leader and the Clerk of the House of Representatives and the
16 President, the Minority Leader and the Secretary of the Senate
17 and shall be duplicated and made available to the members of
18 the General Assembly for evaluation by such members for
19 possible liquidation of unused public property at public sale.
20     (c) Following receipt of the Annual Real Property
21 Utilization Report required under paragraph (b), the
22 Administrator shall notify all State agencies by October
23 December 31 of all declared surplus real property. Any State
24 agency may submit a written request to the Administrator,
25 within 60 days of the date of such notification, to have
26 control of surplus real property transferred to that agency.



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1 Such request must indicate the reason for the transfer and the
2 intended use to be made of such surplus real property. The
3 Administrator may deny any or all such requests by a State
4 agency or agencies if the Administrator determines that it is
5 more advantageous to the State to dispose of the surplus real
6 property under paragraph (d). In case requests for the same
7 surplus real property are received from more than one State
8 agency, the Administrator shall weigh the benefits to the State
9 and determine to which agency, if any, to transfer control of
10 such property. The Administrator shall coordinate the use and
11 disposal of State surplus real property with any State space
12 utilization program.
13     (d) Any surplus real property which is not transferred to
14 the control of another State agency under paragraph (c) shall
15 be disposed of by the Administrator. No appraisal is required
16 if during his initial survey of surplus real property the
17 Administrator determines such property has a fair market value
18 of less than $5,000. If the value of such property is
19 determined by the Administrator in his initial survey to be
20 $5,000 or more, then the Administrator shall obtain 3
21 appraisals of such real property, one of which shall be
22 performed by an appraiser residing in the county in which said
23 surplus real property is located. The average of these 3
24 appraisals, plus the costs of obtaining the appraisals, shall
25 represent the fair market value of the surplus real property.
26 No surplus real property may be conveyed by the Administrator



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1 for less than the fair market value. Prior to offering the
2 surplus real property for sale to the public the Administrator
3 shall give notice in writing of the existence and fair market
4 value of the surplus real property to the governing bodies of
5 the county and of all cities, villages and incorporated towns
6 in the county in which such real property is located. Any such
7 governing body may exercise its option to acquire the surplus
8 real property for the fair market value within 60 days of the
9 notice. After the 60 day period has passed, the Administrator
10 may sell the surplus real property by public auction following
11 notice of such sale by publication on 3 separate days not less
12 than 15 nor more than 30 days prior to the sale in the State
13 newspaper and in a newspaper having general circulation in the
14 county in which the surplus real property is located. The
15 Administrator shall post "For Sale" signs of a conspicuous
16 nature on such surplus real property offered for sale to the
17 public. If no acceptable offers for the surplus real property
18 are received, the Administrator may have new appraisals of such
19 property made. The Administrator shall have all power necessary
20 to convey surplus real property under this Section. All moneys
21 received for the sale of surplus real property shall be
22 deposited in the General Revenue Fund, except where moneys
23 expended for the acquisition of such real property were from a
24 special fund which is still a special fund in the State
25 treasury, this special fund shall be reimbursed in the amount
26 of the original expenditure and any amount in excess thereof



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1 shall be deposited in the General Revenue Fund.
2     The Administrator shall have authority to order such
3 surveys, abstracts of title, or commitments for title insurance
4 as may, in his reasonable discretion, be deemed necessary to
5 demonstrate to prospective purchasers or bidders good and
6 marketable title in any property offered for sale pursuant to
7 this Section. Unless otherwise specifically authorized by the
8 General Assembly, all conveyances of property made by the
9 Administrator shall be by quit claim deed.
10     (e) The Administrator shall submit an annual report on or
11 before February 1 to the Governor and the General Assembly
12 containing a detailed statement of surplus real property either
13 transferred or conveyed under this Section.
14 (Source: P.A. 85-315.)