Full Text of SB0689 100th General Assembly
SB0689 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0689 Introduced 1/26/2017, by Sen. Pat McGuire SYNOPSIS AS INTRODUCED: |
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30 ILCS 605/7.1 | from Ch. 127, par. 133b10.1 |
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Amends the State Property Control Act. Provides that all moneys received for the use of surplus real property shall be used for the upkeep of the property. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 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:
| 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 October 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 31 of | 23 | | all declared surplus real
property. Any State
agency may submit | 24 | | a written request to the Administrator, within 60 days
of the | 25 | | date of such notification, to have control of surplus real
| 26 | | property transferred to that agency. Such request must indicate |
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| 1 | | the
reason for the transfer and the intended use to be made of | 2 | | such surplus
real property. The Administrator may deny any or | 3 | | all such requests by a
State agency or agencies if the | 4 | | Administrator determines that it is more
advantageous to the | 5 | | State to dispose of the surplus real property under
paragraph | 6 | | (d). In case requests for the same surplus real property are
| 7 | | received from more than one State agency, the Administrator | 8 | | shall weigh
the benefits to the State and determine to which | 9 | | agency, if any, to
transfer control of such property. The | 10 | | Administrator shall coordinate
the use and disposal of State | 11 | | surplus real property with any State space
utilization program.
| 12 | | (d) Any surplus real property which is not transferred to | 13 | | the
control of another State agency under paragraph (c) shall | 14 | | be disposed of
by the Administrator. No appraisal is required | 15 | | if during his initial
survey of surplus real property the | 16 | | Administrator determines such
property has a fair market value | 17 | | of less than $5,000. If the value of
such property is | 18 | | determined by the Administrator in his initial survey
to be | 19 | | $5,000 or more, then the Administrator shall obtain 3 | 20 | | appraisals
of such real property, one of which shall be | 21 | | performed by an appraiser
residing in the county in which said | 22 | | surplus real property is located.
The average of these 3 | 23 | | appraisals, plus the costs of obtaining the
appraisals, shall | 24 | | represent the fair market value of the surplus real
property. | 25 | | No surplus real property may be conveyed by the Administrator
| 26 | | for less than the fair market value. Prior to offering the |
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| 1 | | surplus real
property for sale to the public the Administrator | 2 | | shall give notice in
writing of the existence and fair market | 3 | | value of the surplus real
property to the governing bodies of | 4 | | the county and of all cities,
villages and incorporated towns | 5 | | in the county in which such real
property is located. Any such | 6 | | governing body may exercise its option to
acquire the surplus | 7 | | real property for the fair market value within 60
days of the | 8 | | notice. After the 60 day period has passed, the
Administrator | 9 | | may sell the surplus real property by public auction
following | 10 | | notice of such sale by publication on 3 separate days not less
| 11 | | than 15 nor more than 30 days prior to the sale in the State | 12 | | newspaper
and in a newspaper having general circulation in the | 13 | | county in which the
surplus real property is located. The | 14 | | Administrator shall post "For
Sale" signs of a conspicuous | 15 | | nature on such surplus real property
offered for sale to the | 16 | | public. If no acceptable offers for the surplus
real property | 17 | | are received, the Administrator may have new appraisals of
such | 18 | | property made. The Administrator shall have all power necessary | 19 | | to
convey surplus real property under this Section. All moneys | 20 | | received
for the sale of surplus real property shall be | 21 | | deposited in the General
Revenue Fund, except that: | 22 | | (1) Where moneys expended for the acquisition of such
| 23 | | real property were from a special fund which is still a | 24 | | special fund in
the State treasury, this special fund shall | 25 | | be reimbursed in the amount
of the original expenditure and | 26 | | any amount in excess thereof shall be
deposited in the |
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| 1 | | General Revenue Fund. | 2 | | (2) Whenever a State mental health facility operated by | 3 | | the Department of Human Services is closed and the real | 4 | | estate on which the facility is located is sold by the | 5 | | State, the net proceeds of the sale of the real estate | 6 | | shall be deposited into the Community Mental Health | 7 | | Medicaid Trust Fund. | 8 | | (3) Whenever a State developmental disabilities | 9 | | facility operated by the Department of Human Services is | 10 | | closed and the real estate on which the facility is located | 11 | | is sold by the State, the net proceeds of the sale of the | 12 | | real estate shall be deposited into the Community | 13 | | Developmental Disability Services Medicaid Trust Fund.
| 14 | | All moneys received for the use of surplus real property | 15 | | shall be used for the upkeep of the property. | 16 | | The Administrator shall have authority to order such | 17 | | surveys, abstracts
of title, or commitments for title insurance | 18 | | as may, in his reasonable
discretion, be deemed necessary to | 19 | | demonstrate to prospective purchasers or
bidders good and | 20 | | marketable title in any property offered for sale pursuant
to | 21 | | this Section. Unless otherwise specifically authorized by the | 22 | | General
Assembly, all conveyances of property made by the | 23 | | Administrator shall be by
quit claim deed.
| 24 | | (e) The Administrator shall submit an annual report on or | 25 | | before
February 1 to the Governor and the General Assembly | 26 | | containing a
detailed statement of surplus real property either |
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| 1 | | transferred or
conveyed under this Section.
| 2 | | (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | 3 | | 96-1000, eff. 7-2-10.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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