Illinois General Assembly - Full Text of SB0886
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Full Text of SB0886  100th General Assembly


Rep. Al Riley

Filed: 5/29/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 886 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Procurement Code is amended by
5adding Section 1-35 as follows:
6    (30 ILCS 500/1-35 new)
7    Sec. 1-35. Application to James R. Thompson Center. In
8accordance with Section 7.4 of the State Property Control Act,
9this Code does not apply to any procurements related to the
10sale of the James R. Thompson Center, provided that the process
11shall be conducted in a manner substantially in accordance with
12the requirements of the following Sections of the Illinois
13Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13,
1450-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The
15exemption contained in this Section does not apply to any
16leases involving the James R. Thompson Center, including a



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1leaseback authorized under Section 7.4 of the State Property
2Control Act.
3    Section 10. The State Property Control Act is amended by
4changing 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
8    (a) Notwithstanding any other provision of this Act or any
9other law to the contrary, the administrator is authorized
10under this Section to dispose of or mortgage (i) the James R.
11Thompson Center located in Chicago, Illinois. and (ii) the
12Elgin Mental Health Center and surrounding land located at 750
13S. State Street, Elgin, Illinois in any of the following ways:
14(1) The administrator may sell the property as provided in
15subsection (b). (2) The administrator may sell the property as
16provided in subsection (b), and, either as a condition of the
17sale or the administrator may immediately thereafter enter into
18a leaseback or other agreement that directly or indirectly
19gives the State a right to use, control, and possess the
20property. Notwithstanding any other provision of law, a lease
21entered into by the administrator under this subdivision (a)(2)
22may last for any period not exceeding 99 years. (3) The
23administrator may enter into a mortgage agreement, using the
24property as collateral, to receive a loan or a line of credit



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1based on the equity available in the property. Any loan
2obtained 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
5competitive sealed proposal process that includes, at a
6minimum, 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
23the 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
14surveys, abstracts of title, or commitments for title
15insurance, environmental reports, property condition reports,
16or any other materials as the administrator may, in his or her
17reasonable discretion, be deemed necessary to demonstrate to
18prospective purchasers or , bidders, or mortgagees good and
19marketable title in and the existing conditions or
20characteristics of the any property offered for sale or
21mortgage under this Section. All Unless otherwise specifically
22authorized by the General Assembly, all conveyances of property
23made by the administrator under subdivision (a)(1) or (a)(2) of
24this Section shall be by quit claim deed.
25    (c) All moneys received from the sale or mortgage of real
26property under this Section shall be deposited into the General



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1Revenue Fund, provided that any obligations of the State to the
2purchaser acquiring the property, a contractor involved in the
3sale of the property, or a unit of local government may be
4remitted from the proceeds during the closing process and need
5not be deposited in the State treasury prior to closing.
6    (d) The administrator is authorized to enter into any
7agreements and execute any documents necessary to exercise the
8authority granted by this Section.
9    (e) Any agreement to dispose of or mortgage (i) the James
10R. Thompson Center located in Chicago, Illinois or (ii) the
11Elgin Mental Health Center and surrounding land located at 750
12S. State Street, Elgin, Illinois pursuant to the authority
13granted by this Section must be entered into no later than 2
14years one year after the effective date of this amendatory Act
15of the 100th 93rd General Assembly.
16    (f) The provisions of this Section are subject to the
17Freedom of Information Act, and nothing shall be construed to
18waive the ability of a public body to assert any applicable
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
24Center the existing executive offices of the Governor,
25Lieutenant Governor, Secretary of State, Comptroller, and



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1Treasurer shall be relocated in the Michael A. Bilandic
2Building located at 160 North LaSalle Street, Chicago,
3Illinois. An officer shall occupy the designated space on the
4same terms and conditions applicable on the effective date of
5this amendatory Act of the 100th General Assembly. An executive
6officer may choose to locate in alternative offices within the
7City of Chicago.
8    (b) The four caucuses of the General Assembly shall be
9given space within the Michael A. Bilandic Building. Any caucus
10located in the building on or prior to the effective date of
11this amendatory Act of the 100th General Assembly shall
12continue to occupy their designated space on the same terms and
13conditions applicable on the effective date of this amendatory
14Act of the 100th General Assembly.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".