Full Text of SB0060 102nd General Assembly
SB0060eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 and determined by the head of | 13 | | the owning agency to no longer be required for the State | 14 | | agency's needs and responsibilities and has no foreseeable use | 15 | | by the owning agency. Title to the surplus real property may | 16 | | remain with the owning agency throughout the disposition | 17 | | process if approved by the Administrator; however, the | 18 | | Administrator and the Department of Central Management | 19 | | Services shall have sole responsibility and authority for | 20 | | disposing of the property as set out in this Section vacant, | 21 | | unoccupied or unused and which has no
foreseeable use by the | 22 | | owning agency .
| 23 | | (b) All responsible officers shall submit an Annual Real |
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| 1 | | Property
Utilization Report to the Administrator, or annual | 2 | | update of such
report, on forms required by the Administrator, | 3 | | by July 31 of each year.
The Administrator may require such | 4 | | documentation as he deems reasonably
necessary in connection | 5 | | with this Report, and shall require that such
Report include | 6 | | the following information:
| 7 | | (1) A legal description of all real property owned by the | 8 | | State
under the control of the responsible officer.
| 9 | | (2) A description of the use of the real property listed | 10 | | under (1).
| 11 | | (3) A list of any improvements made to such real property | 12 | | during the
previous year.
| 13 | | (4) The dates on which the State first acquired its | 14 | | interest in such
real property, and the purchase price and | 15 | | source of the funds used to
acquire the property.
| 16 | | (5) Plans for the future use of currently unused real | 17 | | property.
| 18 | | (6) A declaration of any surplus real property.
On or | 19 | | before October 31 of each year the Administrator shall furnish
| 20 | | copies of each responsible officer's report along with a list | 21 | | of surplus
property indexed by legislative district to the | 22 | | General Assembly.
| 23 | | This report shall be filed with the Speaker, the Minority | 24 | | Leader and the
Clerk of the House of Representatives and the | 25 | | President, the Minority
Leader and the Secretary of the Senate | 26 | | and shall be duplicated and made
available to the members of |
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| 1 | | the General Assembly for evaluation by such
members for | 2 | | possible liquidation of unused public property at public sale.
| 3 | | (c) Following receipt of the Annual Real Property | 4 | | Utilization Report
required under paragraph (b), the | 5 | | Administrator shall notify all State
agencies by October 31 of | 6 | | all declared surplus real
property. Any State
agency may | 7 | | submit a written request to the Administrator, within 60 days
| 8 | | of the date of such notification, to have control of surplus | 9 | | real
property transferred to that agency. Such request must | 10 | | indicate the
reason for the transfer and the intended use to be | 11 | | made of such surplus
real property. The Administrator may deny | 12 | | any or all such requests by a
State agency or agencies if the | 13 | | Administrator determines that it is more
advantageous to the | 14 | | State to dispose of the surplus real property under
paragraph | 15 | | (d). In case requests for the same surplus real property are
| 16 | | received from more than one State agency, the Administrator | 17 | | shall weigh
the benefits to the State and determine to which | 18 | | agency, if any, to
transfer control of such property. The | 19 | | Administrator shall coordinate
the use and disposal of State | 20 | | surplus real property with any State space
utilization | 21 | | program.
| 22 | | (d) Any surplus real property which is not transferred to | 23 | | the
control of another State agency under paragraph (c) shall | 24 | | be disposed of
by the Administrator. No appraisal is required | 25 | | if during his initial
survey of surplus real property the | 26 | | Administrator determines such
property has a fair market value |
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| 1 | | of less than $5,000. If the value of
such property is | 2 | | determined by the Administrator in his initial survey
to be | 3 | | $5,000 or more, then the Administrator shall obtain 2 3 | 4 | | appraisals
of such real property, which shall include known | 5 | | liabilities, including, but not limited to, environmental | 6 | | costs one of which shall be performed by an appraiser
residing | 7 | | in the county in which said surplus real property is located .
| 8 | | The average of these 2 3 appraisals , plus the costs of | 9 | | obtaining the
appraisals, shall represent the fair market | 10 | | value of the surplus real
property. | 11 | | No surplus real property may be conveyed by the | 12 | | Administrator
for less than the fair market value , unless the | 13 | | Administrator makes a written determination that it is in the | 14 | | best interests of the State to establish a different value. | 15 | | That written determination shall be published in the Illinois | 16 | | Procurement Bulletin. Such written determination, along with | 17 | | an affidavit setting forth the conditions and circumstances | 18 | | that make the use of a different value in the best interests of | 19 | | the State, shall also be filed with the Executive Ethics | 20 | | Commission. The Executive Ethics Commission shall have 30 days | 21 | | to review the written determination. The Executive Ethics | 22 | | Commission may order an additional 30 days to review the | 23 | | written determination. The Administrator shall provide the | 24 | | Executive Ethics Commission with any information requested by | 25 | | the Executive Ethics Commission related to the Administrator's | 26 | | determination of the value of the surplus real property. If |
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| 1 | | the Executive Ethics Commission objects in writing to the | 2 | | value determined by the Administrator, then the Administrator | 3 | | shall not convey the surplus real property for less than | 4 | | either the fair market value as determined by the average of | 5 | | appraisals or an amount agreed upon by the Executive Ethics | 6 | | Commission and the Administrator. Circumstances in which it is | 7 | | in the best interests of the State to establish a different | 8 | | value may include, but are not limited to, the following: (i) | 9 | | an auction did not yield any bids at the established fair | 10 | | market value; (ii) a unit of local government is interested in | 11 | | acquiring the surplus real property; or (iii) the costs to the | 12 | | State of maintaining such surplus real property are | 13 | | sufficiently high that it would be reasonable to a prudent | 14 | | person to sell such surplus real property for less than the | 15 | | fair market value established by the average of the | 16 | | appraisals. In no event shall the Administrator sell surplus | 17 | | real property for less than 75% of fair market value and before | 18 | | such property has been offered to an interested unit of local | 19 | | government or made available at public auction . | 20 | | Prior to offering the surplus real
property for sale to | 21 | | the public the Administrator shall give notice in
writing of | 22 | | the existence and fair market value of the surplus real
| 23 | | property to each State agency and to the governing bodies of | 24 | | the county and of all cities,
villages and incorporated towns | 25 | | in the county in which such real
property is located. Any such | 26 | | State agency or governing body may notify the Administrator of |
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| 1 | | its interest in acquiring exercise its option to
acquire the | 2 | | surplus real property for the fair market value within a | 3 | | notice period set by the Administrator of at least 30 days. If | 4 | | any State agency notifies the Administrator of its interest in | 5 | | acquiring the surplus property, the Administrator may deny any | 6 | | such requests by such agency if the Administrator determines | 7 | | that it is more advantageous to the State to dispose of the | 8 | | surplus real property to a governing body or the public. If a | 9 | | governing body notifies the Administrator of its interest in | 10 | | acquiring the property, then the Administrator shall wait a | 11 | | minimum of 30 additional days during which the Administrator | 12 | | may engage in negotiations with such governing body for the | 13 | | sale of the surplus real property 60
days of the notice . After | 14 | | the notice period set by the Administrator of at least 30 days | 15 | | the 60 day period has passed, the
Administrator may sell the | 16 | | surplus real property by public auction , which may include an | 17 | | electronic auction or the use of sealed bids, following notice | 18 | | of such sale by publication on 3 separate days not less
than 15 | 19 | | nor more than 30 days prior to the sale in the State newspaper
| 20 | | and in a newspaper having general circulation in the county in | 21 | | which the
surplus real property is located. The Administrator | 22 | | shall post "For
Sale" signs of a conspicuous nature on such | 23 | | surplus real property
offered for sale to the public. If no | 24 | | acceptable offers for the surplus
real property are received, | 25 | | the Administrator may have new appraisals of
such property | 26 | | made. The Administrator shall have all power necessary to
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| 1 | | convey surplus real property under this Section. All moneys | 2 | | received
for the sale of surplus real property shall be | 3 | | deposited in the General
Revenue Fund, except that: | 4 | | (1) Where moneys expended for the acquisition of such
| 5 | | real property were from a special fund which is still a | 6 | | special fund in
the State treasury, this special fund | 7 | | shall be reimbursed in the amount
of the original | 8 | | expenditure and any amount in excess thereof shall be
| 9 | | deposited in the General Revenue Fund. | 10 | | (2) Whenever a State mental health facility operated | 11 | | by the Department of Human Services is closed and the real | 12 | | estate on which the facility is located is sold by the | 13 | | State, the net proceeds of the sale of the real estate | 14 | | shall be deposited into the Community Mental Health | 15 | | Medicaid Trust Fund. | 16 | | (3) Whenever a State developmental disabilities | 17 | | facility operated by the Department of Human Services is | 18 | | closed and the real estate on which the facility is | 19 | | located is sold by the State, the net proceeds of the sale | 20 | | of the real estate shall be deposited into the Community | 21 | | Developmental Disability Services Medicaid Trust Fund.
| 22 | | The Administrator shall have authority to order such | 23 | | surveys, abstracts
of title, or commitments for title | 24 | | insurance as may, in his reasonable
discretion, be deemed | 25 | | necessary to demonstrate to prospective purchasers or
bidders | 26 | | good and marketable title in any property offered for sale |
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| 1 | | pursuant
to this Section. Unless otherwise specifically | 2 | | authorized by the General
Assembly, all conveyances of | 3 | | property made by the Administrator shall be by
quit claim | 4 | | 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 | 8 | | either 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 10. The School Code is amended by changing Section | 12 | | 18-4.4 as follows:
| 13 | | (105 ILCS 5/18-4.4) (from Ch. 122, par. 18-4.4)
| 14 | | Sec. 18-4.4. Tax Equivalent Grants. When any State | 15 | | institution is
located in a school district in which the State | 16 | | owns 40% 45% or more of the
total land area of the district, | 17 | | the State Superintendent of Education
shall annually direct | 18 | | the State Comptroller to pay the amount of the
tax-equivalent | 19 | | grants provided in this Section, and the State Comptroller | 20 | | shall
draw his warrant upon the State Treasurer for the | 21 | | payment of the grants. For
fiscal year 1995 and each fiscal | 22 | | year thereafter,
the grant shall equal
0.5% of the equalized | 23 | | assessed
valuation of the land owned by the State (computing | 24 | | that equalized assessed
valuation by multiplying the average |
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| 1 | | value per taxable acre of the school
district by the total | 2 | | number of acres of land owned by the State). Annually on
or | 3 | | before September 15, 1994 and July 1, thereafter, the district
| 4 | | superintendent shall certify to the State Board of Education | 5 | | the following
matters:
| 6 | | 1. The name of the State institution.
| 7 | | 2. The total land area of the district in acres.
| 8 | | 3. The total ownership of the land of the State in | 9 | | acres.
| 10 | | 4. The total equalized assessed value of all the land | 11 | | in the district.
| 12 | | 5. The rate of school tax payable in the year.
| 13 | | 6. The computed amount of the tax-equivalent grant | 14 | | claimed.
| 15 | | Failure of any district superintendent to certify the
| 16 | | claim for the tax-equivalent grant on or before September 15, | 17 | | 1994 or July 1 of
a subsequent year shall constitute a | 18 | | forfeiture by the district of its right to
such grant for the | 19 | | school year.
| 20 | | (Source: P.A. 91-723, eff. 6-2-00.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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