Full Text of SB0886 100th General Assembly
SB0886ham002 100TH GENERAL ASSEMBLY | Rep. Al Riley Filed: 5/29/2017
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| 1 | | AMENDMENT TO SENATE BILL 886
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 886 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | adding Section 1-35 as follows: | 6 | | (30 ILCS 500/1-35 new) | 7 | | Sec. 1-35. Application to James R. Thompson Center. In | 8 | | accordance with Section 7.4 of the State Property Control Act, | 9 | | this Code does not apply to any procurements related to the | 10 | | sale of the James R. Thompson Center, provided that the process | 11 | | shall be conducted in a manner substantially in accordance with | 12 | | the requirements of the following Sections of the Illinois | 13 | | Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, | 14 | | 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The | 15 | | exemption contained in this Section does not apply to any | 16 | | leases involving the James R. Thompson Center, including a |
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| 1 | | leaseback authorized under Section 7.4 of the State Property | 2 | | Control Act. | 3 | | Section 10. The State Property Control Act is amended by | 4 | | changing Section 7.4 and by adding Section 7.7 as follows:
| 5 | | (30 ILCS 605/7.4)
| 6 | | Sec. 7.4. James R. Thompson Center ; Elgin Mental Health | 7 | | Center .
| 8 | | (a) Notwithstanding any other
provision of this Act or any | 9 | | other law to the contrary, the administrator is
authorized | 10 | | under this Section to
dispose of or mortgage (i) the
James R. | 11 | | Thompson Center located in Chicago, Illinois .
and (ii) the | 12 | | Elgin Mental Health Center and surrounding land located at 750
| 13 | | S. State
Street, Elgin, Illinois
in any of the following
ways:
| 14 | | (1) The administrator may sell the property
as provided in | 15 | | subsection (b).
(2) The administrator may sell the property
as | 16 | | provided in subsection (b), and , either as a condition of the | 17 | | sale or the administrator may immediately thereafter
enter into | 18 | | a
leaseback or other agreement
that
directly or indirectly | 19 | | gives the State a right to use, control, and
possess the
| 20 | | property.
Notwithstanding any other provision of law, a lease | 21 | | entered into by the
administrator
under this subdivision (a)(2) | 22 | | may last for any period not exceeding 99 years.
(3) The | 23 | | administrator may enter into a mortgage agreement, using the
| 24 | | property as collateral, to receive a loan or a line of credit |
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| 1 | | based on the
equity available in the
property.
Any loan | 2 | | obtained or line of credit established under this subdivision | 3 | | (a)(3)
must require repayment in full in
20 years or less.
| 4 | | (b) The administrator shall dispose of the property using a | 5 | | competitive sealed proposal process that includes, at a | 6 | | minimum, the following: | 7 | | (1) Engagement Prior to Request for Proposal. The | 8 | | administrator may, prior to soliciting requests for | 9 | | proposals, enter into discussions with interested | 10 | | purchasers in order to assess existing market conditions, | 11 | | demands and likely development scenarios provided that no | 12 | | such interested purchasers shall have any role in drafting | 13 | | any request for proposals nor shall any request for | 14 | | proposal be provided to any interested purchaser prior to | 15 | | its general public distribution. The administrator may | 16 | | issue a request for qualifications that requests | 17 | | interested purchasers to provide such information as the | 18 | | administrator reasonably deems necessary in order to | 19 | | evaluate the qualifications of such interested purchasers | 20 | | including the ability of interested purchasers to acquire | 21 | | and develop the property, all as reasonably determined by | 22 | | the administrator. | 23 | | (2) Request for proposals. Proposals to acquire and | 24 | | develop the property shall be solicited through a request | 25 | | for proposals. Such request for proposals shall include | 26 | | such requirements and factors as the administrator shall |
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| 1 | | determine are necessary or advisable with respect to the | 2 | | disposition of the James R. Thompson Center, including | 3 | | soliciting proposals designating a portion of the property | 4 | | after the development or redevelopment thereof in honor of | 5 | | Governor James R. Thompson. | 6 | | (3) Public notice. Public notice of any request for | 7 | | qualification or request for proposals shall be published | 8 | | in the Illinois Procurement Bulletin at least 14 calendar | 9 | | days before the date by which such requests are due. The | 10 | | administrator may advertise the request in any other manner | 11 | | or publication which it reasonably determines may increase | 12 | | the scope and nature of responses to the request. In the | 13 | | event the administrator shall have already identified | 14 | | qualified purchasers pursuant to a request for | 15 | | qualification process as set forth above, notice of the | 16 | | request for proposals may be delivered only to such | 17 | | qualified purchasers. | 18 | | (4) Opening of proposals. Proposals shall be opened | 19 | | publicly on the date, time and location designated in the | 20 | | Illinois Procurement Bulletin, but proposals shall be | 21 | | opened in a manner to avoid disclosure of contents to | 22 | | competing purchasers during the process of negotiation. A | 23 | | record of proposals shall be prepared and shall be open for | 24 | | public inspection after contract award, but prior to | 25 | | contract execution. | 26 | | (5) Evaluation factors. Proposals shall be submitted |
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| 1 | | in 2 parts: (i) items except price, and (ii) covering | 2 | | price. The first part of all proposals shall be evaluated | 3 | | and ranked independently of the second part of all | 4 | | proposals. | 5 | | (6) Discussion with interested purchasers and | 6 | | revisions of offers or proposals. After the opening of the | 7 | | proposals, and under such guidelines as the administrator | 8 | | may elect to establish in the request for proposals, the | 9 | | administrator and his or her designees may engage in | 10 | | discussions with interested purchasers who submitted | 11 | | offers or proposals that the administrator determines are | 12 | | reasonably susceptible of being selected for award for the | 13 | | purpose of clarifying and assuring full understanding of | 14 | | and responsiveness to the solicitation requirements. Those | 15 | | purchasers shall be accorded fair and equal treatment with | 16 | | respect to any opportunity for discussion and revision of | 17 | | proposals. Revisions may be permitted after submission and | 18 | | before award for the purpose of obtaining best and final | 19 | | offers. In conducting discussions there shall be no | 20 | | disclosure of any information derived from proposals | 21 | | submitted by competing purchasers. If information is | 22 | | disclosed to any purchaser, it shall be provided to all | 23 | | competing purchasers. | 24 | | (7) Award. Awards shall be made to the interested | 25 | | purchaser whose proposal is determined in writing to be the | 26 | | most advantageous to the State, taking into consideration |
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| 1 | | price and the evaluation factors set forth in the request | 2 | | for proposals. The contract file shall contain the basis on | 3 | | which the award is made. The administrator shall obtain 3 | 4 | | appraisals of the real property
transferred
under | 5 | | subdivision (a)(1) or (a)(2) of this Section, one of which | 6 | | shall be
performed by an
appraiser residing in the county | 7 | | in which the real property is located. The
average of
these | 8 | | 3 appraisals, plus the costs of obtaining the appraisals, | 9 | | shall represent
the fair
market value of the real property. | 10 | | No property may be conveyed under
subdivision (a)(1)
or | 11 | | (a)(2) of this Section by the administrator for less than | 12 | | the fair market
value. The
administrator may sell the real | 13 | | property by public auction following notice of
the sale by
| 14 | | publication on 3 separate days not less than 15 nor more | 15 | | than 30 days prior to
the sale
in a daily newspaper having | 16 | | general circulation in the county
in which
the real | 17 | | property is located. If no
acceptable
offers for the real | 18 | | property are received, the administrator may have new
| 19 | | appraisals of the
property made. The administrator shall | 20 | | have all power necessary to convey real
property
under | 21 | | subdivision (a)(1) or (a)(2) of this Section.
| 22 | | (b-5) Any contract to dispose of the property is subject to | 23 | | the following conditions: | 24 | | (1) A commitment from the purchaser to make any | 25 | | applicable payments to the City of Chicago with respect to | 26 | | additional zoning density; |
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| 1 | | (2) A commitment from the purchaser to enter into an | 2 | | agreement with the City of Chicago and the Chicago Transit | 3 | | Authority regarding the existing operation of the Chicago | 4 | | Transit Authority facility currently located on the | 5 | | property, substantially similar to the existing agreement | 6 | | between the City of Chicago, the Chicago Transit Authority, | 7 | | and the State of Illinois, and such agreement must be | 8 | | executed prior to assuming title to the property; and | 9 | | (3) A commitment from the purchaser to designate a | 10 | | portion of the property after the development or | 11 | | redevelopment thereof in honor of Governor James R. | 12 | | Thompson. | 13 | | (b-10) The administrator shall have authority to order such | 14 | | surveys, abstracts of
title, or
commitments for title | 15 | | insurance , environmental reports, property condition reports, | 16 | | or any other materials as the administrator may, in his or her | 17 | | reasonable discretion, be
deemed
necessary to demonstrate to | 18 | | prospective purchasers or , bidders , or mortgagees good
and
| 19 | | marketable title
in and the existing conditions or | 20 | | characteristics of the any property offered for sale or | 21 | | mortgage under
this
Section. All Unless
otherwise specifically | 22 | | authorized by the General Assembly, all conveyances of
property
| 23 | | made by the administrator under subdivision (a)(1) or (a)(2) of | 24 | | this Section
shall be by
quit claim deed.
| 25 | | (c) All moneys received from the sale or mortgage of real | 26 | | property under this
Section shall be deposited into the General |
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| 1 | | Revenue Fund , provided that any obligations of the State to the | 2 | | purchaser acquiring the property, a contractor involved in the | 3 | | sale of the property, or a unit of local government may be | 4 | | remitted from the proceeds during the closing process and need | 5 | | not be deposited in the State treasury prior to closing .
| 6 | | (d) The administrator is authorized to enter into any | 7 | | agreements and execute
any
documents necessary to exercise the | 8 | | authority granted by this Section.
| 9 | | (e) Any agreement to
dispose
of or mortgage (i) the James | 10 | | R. Thompson Center located in Chicago, Illinois
or (ii) the
| 11 | | Elgin Mental Health Center and surrounding land located at 750 | 12 | | S. State Street,
Elgin,
Illinois pursuant to the authority | 13 | | granted by this Section must be entered
into no later than 2 | 14 | | years one year after the effective date of this amendatory Act | 15 | | of
the 100th 93rd
General Assembly. | 16 | | (f) The provisions of this Section are subject to the | 17 | | Freedom of Information Act, and nothing shall be construed to | 18 | | waive the ability of a public body to assert any applicable | 19 | | exemptions.
| 20 | | (Source: P.A. 93-19, eff. 6-20-03.)
| 21 | | (30 ILCS 605/7.7 new) | 22 | | Sec. 7.7. Michael A. Bilandic Building. | 23 | | (a) On or prior to the disposition of the James R. Thompson | 24 | | Center the existing executive offices of the Governor, | 25 | | Lieutenant Governor, Secretary of State, Comptroller, and |
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| 1 | | Treasurer shall be relocated in the Michael A. Bilandic | 2 | | Building located at 160 North LaSalle Street, Chicago, | 3 | | Illinois. An officer shall occupy the designated space on the | 4 | | same terms and conditions applicable on the effective date of | 5 | | this amendatory Act of the 100th General Assembly. An executive | 6 | | officer may choose to locate in alternative offices within the | 7 | | City of Chicago. | 8 | | (b) The four caucuses of the General Assembly shall be | 9 | | given space within the Michael A. Bilandic Building. Any caucus | 10 | | located in the building on or prior to the effective date of | 11 | | this amendatory Act of the 100th General Assembly shall | 12 | | continue to occupy their designated space on the same terms and | 13 | | conditions applicable on the effective date of this amendatory | 14 | | Act of the 100th General Assembly.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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