Full Text of SB2291 101st General Assembly
SB2291sam001 101ST GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/5/2020
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| 1 | | AMENDMENT TO SENATE BILL 2291
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2291 by replacing | 3 | | everything after the enacting clause with the following:
| 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 determined by the head of the owning | 13 | | agency to no longer be required for the State agency's needs | 14 | | and responsibilities. Title to the surplus real property may, | 15 | | if approved by the Administrator, remain with the owning agency | 16 | | throughout the disposition process; however, the Administrator |
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| 1 | | and the Department of Central Management Services have sole | 2 | | responsibility and authority for disposing of the property as | 3 | | set forth in this Section vacant, unoccupied or unused and | 4 | | which has no
foreseeable use by the owning agency .
| 5 | | (b) All responsible officers shall submit an Annual Real | 6 | | Property
Utilization Report to the Administrator, or annual | 7 | | update of such
report, on forms required by the Administrator, | 8 | | by July 31 of each year.
The Administrator may require such | 9 | | documentation as he deems reasonably
necessary in connection | 10 | | with this Report, and shall require that such
Report include | 11 | | the following information:
| 12 | | (1) A legal description of all real property owned by the | 13 | | State
under the control of the responsible officer.
| 14 | | (2) A description of the use of the real property listed | 15 | | under (1).
| 16 | | (3) A list of any improvements made to such real property | 17 | | during the
previous year.
| 18 | | (4) The dates on which the State first acquired its | 19 | | interest in such
real property, and the purchase price and | 20 | | source of the funds used to
acquire the property.
| 21 | | (5) Plans for the future use of currently unused real | 22 | | property.
| 23 | | (6) A declaration of any surplus real property.
On or | 24 | | before October 31 of each year the Administrator shall furnish
| 25 | | copies of each responsible officer's report along with a list | 26 | | of surplus
property indexed by legislative district to the |
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| 1 | | General Assembly.
| 2 | | This report shall be filed with the Speaker, the Minority | 3 | | Leader and the
Clerk of the House of Representatives and the | 4 | | President, the Minority
Leader and the Secretary of the Senate | 5 | | and shall be duplicated and made
available to the members of | 6 | | the General Assembly for evaluation by such
members for | 7 | | possible liquidation of unused public property at public sale.
| 8 | | (c) Following receipt of the Annual Real Property | 9 | | Utilization Report
required under paragraph (b), the | 10 | | Administrator shall notify all State
agencies by October 31 of | 11 | | all declared surplus real
property. Any State
agency may submit | 12 | | a written request to the Administrator, within 60 days
of the | 13 | | date of such notification, to have control of surplus real
| 14 | | property transferred to that agency. Such request must indicate | 15 | | the
reason for the transfer and the intended use to be made of | 16 | | such surplus
real property. The Administrator may deny any or | 17 | | all such requests by a
State agency or agencies if the | 18 | | Administrator determines that it is more
advantageous to the | 19 | | State to dispose of the surplus real property under
paragraph | 20 | | (d). In case requests for the same surplus real property are
| 21 | | received from more than one State agency, the Administrator | 22 | | shall weigh
the benefits to the State and determine to which | 23 | | agency, if any, to
transfer control of such property. The | 24 | | Administrator shall coordinate
the use and disposal of State | 25 | | surplus real property with any State space
utilization program.
| 26 | | (d) Any surplus real property which is not transferred to |
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| 1 | | the
control of another State agency under paragraph (c) shall | 2 | | be disposed of
by the Administrator. No appraisal is required | 3 | | if during his initial
survey of surplus real property the | 4 | | Administrator determines such
property has a fair market value | 5 | | of less than $5,000. If the value of
such property is | 6 | | determined by the Administrator in his initial survey
to be | 7 | | $5,000 or more, then the Administrator shall obtain 2 3 | 8 | | appraisals
of such real property , one of which shall be | 9 | | performed by an appraiser
residing in the county in which said | 10 | | surplus real property is located .
The average of these 2 3 | 11 | | appraisals , plus the costs of obtaining the
appraisals, shall | 12 | | represent the fair market value of the surplus real
property. | 13 | | No surplus real property may be conveyed by the | 14 | | Administrator
for less than the fair market value , unless the | 15 | | Administrator makes a written determination that it is in the | 16 | | best interests of the State to establish a different value. | 17 | | That written determination shall be published in the Illinois | 18 | | Procurement Bulletin. The written determination, along with an | 19 | | affidavit setting forth the conditions and circumstances that | 20 | | make the use of a different value in the best interests of the | 21 | | State, shall also be filed with the Executive Ethics | 22 | | Commission. The Executive Ethics Commission shall have 30 days | 23 | | to review the written determination. The Executive Ethics | 24 | | Commission may order an additional 30 days to review the | 25 | | written determination. The Administrator shall provide the | 26 | | Executive Ethics Commission with any information requested by |
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| 1 | | the Executive Ethics Commission related to the Administrator's | 2 | | determination of the value of the surplus real property. If the | 3 | | Executive Ethics Commission objects in writing to the value | 4 | | determined by the Administrator, then the Administrator shall | 5 | | not convey the surplus real property for less than either the | 6 | | fair market value as determined by the average of appraisals or | 7 | | an amount agreed upon by the Executive Ethics Commission and | 8 | | the Administrator. Circumstances in which it is in the best | 9 | | interests of the State to establish a different value may | 10 | | include, but are not limited to, the following: (1) an auction | 11 | | did not yield any bids at the established fair market value; | 12 | | (2) a unit of local government is interested in acquiring the | 13 | | surplus real property; or (3) the costs to the State of | 14 | | maintaining the surplus real property are sufficiently high | 15 | | that it would be reasonable to a prudent person to sell the | 16 | | surplus real property for less than the fair market value | 17 | | established by the average of the appraisals . | 18 | | Prior to offering the surplus real
property for sale to the | 19 | | public the Administrator shall give notice in
writing of the | 20 | | existence and fair market value of the surplus real
property to | 21 | | each State agency and to the governing bodies of the county and | 22 | | of all cities,
villages and incorporated towns in the county in | 23 | | which such real
property is located. Any such State agency or | 24 | | governing body may notify the Administrator of its interest in | 25 | | acquiring and exercising exercise its option to
acquire the | 26 | | surplus real property for the fair market value within the |
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| 1 | | notice period set by the Administrator of at least 60
days of | 2 | | the notice . If any State agency notifies the Administrator of | 3 | | its interest in acquiring the surplus property, the | 4 | | Administrator may deny any such requests by a State agency if | 5 | | the Administrator determines that it is more advantageous to | 6 | | the State to dispose of the surplus real property to a | 7 | | governing body or the public. If a governing body notifies the | 8 | | Administrator of its interest in acquiring the property, then | 9 | | the Administrator shall wait a minimum of 30 additional days | 10 | | during which the Administrator may engage in negotiations with | 11 | | the governing body for the sale of the surplus real property. | 12 | | At the conclusion of the additional governing body negotiation | 13 | | period, the Administrator shall notify the governing body of | 14 | | his or her decision regarding the negotiations. After the | 15 | | notice period as set by the Administrator of at least 60 days | 16 | | 60 day period has passed, the
Administrator may sell the | 17 | | surplus real property by public auction , which may include an | 18 | | electronic auction or the use of sealed bids,
following notice | 19 | | of such sale by publication on 3 separate days not less
than 15 | 20 | | nor more than 30 days prior to the sale in the State newspaper
| 21 | | and in a newspaper having general circulation in the county in | 22 | | which the
surplus real property is located. The Administrator | 23 | | shall post "For
Sale" signs of a conspicuous nature on such | 24 | | surplus real property
offered for sale to the public. If no | 25 | | acceptable offers for the surplus
real property are received, | 26 | | the Administrator may have new appraisals of
such property |
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| 1 | | made. The Administrator shall have all power necessary to
| 2 | | convey surplus real property under this Section. All moneys | 3 | | received
for the sale of surplus real property shall be | 4 | | deposited in the General
Revenue Fund, except that: | 5 | | (1) Where moneys expended for the acquisition of such
| 6 | | real property were from a special fund which is still a | 7 | | special fund in
the State treasury, this special fund shall | 8 | | be reimbursed in the amount
of the original expenditure and | 9 | | any amount in excess thereof shall be
deposited in the | 10 | | General Revenue Fund. | 11 | | (2) Whenever a State mental health facility operated by | 12 | | the Department of Human Services is closed and the real | 13 | | estate on which the facility is located is sold by the | 14 | | State, the net proceeds of the sale of the real estate | 15 | | shall be deposited into the Community Mental Health | 16 | | Medicaid Trust Fund. | 17 | | (3) Whenever a State developmental disabilities | 18 | | facility operated by the Department of Human Services is | 19 | | closed and the real estate on which the facility is located | 20 | | is sold by the State, the net proceeds of the sale of the | 21 | | real estate shall be deposited into the Community | 22 | | Developmental Disability Services Medicaid Trust Fund.
| 23 | | The Administrator shall have authority to order such | 24 | | surveys, abstracts
of title, or commitments for title insurance | 25 | | as may, in his reasonable
discretion, be deemed necessary to | 26 | | demonstrate to prospective purchasers or
bidders good and |
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| 1 | | marketable title in any property offered for sale pursuant
to | 2 | | this Section. Unless otherwise specifically authorized by the | 3 | | General
Assembly, all conveyances of property made by the | 4 | | Administrator shall be by
quit claim deed.
| 5 | | (e) The Administrator shall submit an annual report on or | 6 | | before
February 1 to the Governor and the General Assembly | 7 | | containing a
detailed statement of surplus real property either | 8 | | transferred or
conveyed under this Section.
| 9 | | (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | 10 | | 96-1000, eff. 7-2-10.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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