Full Text of HB4623 99th General Assembly
HB4623 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4623 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
| New Act | | 20 ILCS 5/1-5 | | 20 ILCS 5/5-15 | was 20 ILCS 5/3 | 20 ILCS 5/5-20 | was 20 ILCS 5/4 | 30 ILCS 605/1.03 | from Ch. 127, par. 133b4 | 30 ILCS 605/7.1 | from Ch. 127, par. 133b10.1 |
|
Creates the State Property Disposal Agency Law within the Civil Administrative Code of Illinois. Creates the State Property Disposal Agency. Provides that the Agency shall be responsible for the disposal of surplus real property under the State Property Control Act. Amends the General Provisions and Departments of State Government Articles of the Civil Administrative Code of Illinois to make conforming changes. Amends the State Property Control Act. Changes the definition of "surplus real property" to include property that is determined by the head of the State agency to no longer be required for the State agency's needs and responsibilities (instead of property that is vacant, unoccupied, or unused and having no foreseeable use by the owning agency). Makes changes concerning the disposition of surplus State property. Provides that, with regard to surplus real estate, "administrator" includes the Director of State Property Disposal.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4623 | | LRB099 16525 RJF 40861 b |
|
| 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 1. Short title. This Act may be cited as the State | 5 | | Property Disposal Agency Law. | 6 | | Section 5. State Property Disposal Agency; Director. There | 7 | | is created the State Property Disposal Agency. The State | 8 | | Property Disposal Agency shall have an officer as its head who | 9 | | shall be known as the Director of State Property Disposal. | 10 | | Section 10. Powers and duties. The Director shall exercise | 11 | | the powers and duties of the Administrator under the State | 12 | | Property Control Act that relate to surplus real property, as | 13 | | defined in Section 7.1 of that Act, including, but not limited | 14 | | to, the disposal of surplus real property under Section 7.1 of | 15 | | that Act. | 16 | | The Director shall have exclusive authority over surplus | 17 | | real property and the disposal thereof under Section 7.1 of the | 18 | | State Property Control Act. The Director, or his or her | 19 | | designee, shall have the authority to execute agreements, | 20 | | contracts, and deeds for the conveyance of surplus real | 21 | | property under that Act. | 22 | | Any reports required to be provided to the Administrator |
| | | HB4623 | - 2 - | LRB099 16525 RJF 40861 b |
|
| 1 | | under Section 7.1 of the State Property Control Act, including, | 2 | | but not limited to, the Annual Real Property Utilization Report | 3 | | shall be provided to the Director of State Property Disposal. | 4 | | The Agency shall adopt such rules as may be useful to carry | 5 | | out its responsibilities under Section 7.1 of the State | 6 | | Property Control Act. | 7 | | Section 20. The Civil Administrative Code of Illinois is | 8 | | amended by changing Sections 1-5, 5-15, and 5-20 as follows:
| 9 | | (20 ILCS 5/1-5)
| 10 | | Sec. 1-5. Articles. The Civil Administrative Code of | 11 | | Illinois consists
of the following Articles:
| 12 | | Article 1. General Provisions (20 ILCS 5/1-1 and | 13 | | following).
| 14 | | Article 5. Departments of State Government Law (20 ILCS | 15 | | 5/5-1 and following).
| 16 | | Article 50. State Budget Law (15 ILCS 20/).
| 17 | | Article 110. Department on Aging Law (20 ILCS 110/).
| 18 | | Article 205. Department of Agriculture Law (20 ILCS 205/).
| 19 | | Article 250. State Fair Grounds Title Law (5 ILCS 620/).
| 20 | | Article 310. Department of Human Services (Alcoholism and | 21 | | Substance Abuse)
Law (20 ILCS 310/).
| 22 | | Article 405. Department of Central Management Services Law | 23 | | (20 ILCS 405/).
| 24 | | Article 510. Department of Children and Family Services |
| | | HB4623 | - 3 - | LRB099 16525 RJF 40861 b |
|
| 1 | | Powers Law (20 ILCS
510/).
| 2 | | Article 605. Department of Commerce and Economic | 3 | | Opportunity Law (20 ILCS 605/).
| 4 | | Article 805. Department of Natural Resources | 5 | | (Conservation) Law (20 ILCS
805/).
| 6 | | Article 1005. Department of Employment Security Law (20 | 7 | | ILCS 1005/).
| 8 | | Article 1405. Department of Insurance Law (20 ILCS 1405/).
| 9 | | Article 1505. Department of Labor Law (20 ILCS 1505/).
| 10 | | Article 1710. Department of Human Services (Mental Health | 11 | | and Developmental
Disabilities) Law (20 ILCS 1710/).
| 12 | | Article 1905. Department of Natural Resources (Mines and | 13 | | Minerals) Law (20
ILCS
1905/).
| 14 | | Article 2105. Department of Professional Regulation Law | 15 | | (20 ILCS 2105/).
| 16 | | Article 2205. Department of Healthcare and Family Services | 17 | | Law (20 ILCS 2205/).
| 18 | | Article 2310. Department of Public Health Powers and Duties | 19 | | Law (20 ILCS
2310/).
| 20 | | Article 2505. Department of Revenue Law (20 ILCS 2505/).
| 21 | | Article 2510. Certified Audit Program Law (20 ILCS 2510/).
| 22 | | Article 2605. Department of State Police Law (20 ILCS | 23 | | 2605/).
| 24 | | Article 2705. Department of Transportation Law (20 ILCS | 25 | | 2705/).
| 26 | | Article 3000. University of Illinois Exercise of Functions |
| | | HB4623 | - 4 - | LRB099 16525 RJF 40861 b |
|
| 1 | | and Duties Law
(110 ILCS 355/).
| 2 | | Article 3750. State Property Disposal Law. | 3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
| 4 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| 5 | | Sec. 5-15. Departments of State government. The | 6 | | Departments of
State government are created as follows:
| 7 | | The Department on Aging.
| 8 | | The Department of Agriculture.
| 9 | | The Department of Central Management Services.
| 10 | | The Department of Children and Family Services.
| 11 | | The Department of Commerce and Economic Opportunity.
| 12 | | The Department of Corrections.
| 13 | | The Department of Employment Security.
| 14 | | The Illinois Emergency Management Agency.
| 15 | | The Department of Financial and Professional Regulation.
| 16 | | The Department of Healthcare and Family Services.
| 17 | | The Department of Human Rights.
| 18 | | The Department of Human Services.
| 19 | | The Department of Juvenile Justice.
| 20 | | The Department of Labor.
| 21 | | The Department of the Lottery.
| 22 | | The Department of Natural Resources.
| 23 | | The Department of Public Health.
| 24 | | The Department of Revenue.
| 25 | | The Department of State Police.
|
| | | HB4623 | - 5 - | LRB099 16525 RJF 40861 b |
|
| 1 | | The State Property Disposal Agency. | 2 | | The Department of Transportation.
| 3 | | The Department of Veterans' Affairs.
| 4 | | (Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
| 5 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 6 | | Sec. 5-20. Heads of departments. Each department shall have | 7 | | an
officer as its head who shall
be known as director or | 8 | | secretary and who shall, subject to the
provisions of the Civil | 9 | | Administrative Code of Illinois,
execute the powers and | 10 | | discharge the duties
vested by law in his or her respective | 11 | | department.
| 12 | | The following officers are hereby created:
| 13 | | Director of Aging, for the Department on Aging.
| 14 | | Director of Agriculture, for the Department of | 15 | | Agriculture.
| 16 | | Director of Central Management Services, for the | 17 | | Department of Central
Management Services.
| 18 | | Director of Children and Family Services, for the | 19 | | Department of Children and
Family Services.
| 20 | | Director of Commerce and Economic Opportunity, for
the | 21 | | Department of Commerce
and Economic Opportunity.
| 22 | | Director of Corrections, for the Department of | 23 | | Corrections.
| 24 | | Director of the Illinois Emergency Management Agency, for | 25 | | the Illinois Emergency Management Agency.
|
| | | HB4623 | - 6 - | LRB099 16525 RJF 40861 b |
|
| 1 | | Director of Employment Security, for the Department of | 2 | | Employment Security.
| 3 | | Secretary of Financial and Professional Regulation, for | 4 | | the Department of Financial and Professional Regulation.
| 5 | | Director of Healthcare and Family Services, for the | 6 | | Department of Healthcare and Family Services.
| 7 | | Director of Human Rights, for the Department of Human | 8 | | Rights.
| 9 | | Secretary of Human Services, for the Department of Human | 10 | | Services.
| 11 | | Director of Juvenile Justice, for the Department of | 12 | | Juvenile Justice.
| 13 | | Director of Labor, for the Department of Labor.
| 14 | | Director of the Lottery, for the Department of the Lottery. | 15 | | Director of Natural Resources, for the Department of | 16 | | Natural Resources.
| 17 | | Director of Public Health, for the Department of Public | 18 | | Health.
| 19 | | Director of Revenue, for the Department of Revenue.
| 20 | | Director of State Police, for the Department of State | 21 | | Police.
| 22 | | Director of State Property Disposal, for the State Property | 23 | | Disposal Agency. | 24 | | Secretary of Transportation, for the Department of | 25 | | Transportation.
| 26 | | Director of Veterans' Affairs, for the Department of |
| | | HB4623 | - 7 - | LRB099 16525 RJF 40861 b |
|
| 1 | | Veterans' Affairs.
| 2 | | (Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; | 3 | | 97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
| 4 | | Section 25. The State Property Control Act is amended by | 5 | | changing Sections 1.03 and 7.1 as follows:
| 6 | | (30 ILCS 605/1.03) (from Ch. 127, par. 133b4)
| 7 | | Sec. 1.03.
"Administrator" means the Director of the | 8 | | Department of Central
Management Services , except that for real | 9 | | property within the definition of "property" provided in | 10 | | Section 1.02 of this Act, "administrator" means the Director of | 11 | | State Property Disposal .
| 12 | | (Source: P.A. 82-789.)
| 13 | | (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
| 14 | | Sec. 7.1.
(a) Except as otherwise provided by law, all | 15 | | surplus real
property held by the State of Illinois shall be | 16 | | disposed of by the
administrator as provided in this Section. | 17 | | "Surplus real property," as
used in this Section, means any | 18 | | real property to which the State holds fee
simple title or
| 19 | | lesser interest, and is determined by the head of the State | 20 | | agency to no longer be required for the State agency's needs | 21 | | and responsibilities vacant, unoccupied or unused and which has | 22 | | no
foreseeable use by the owning agency .
| 23 | | (b) All responsible officers shall submit an Annual Real |
| | | HB4623 | - 8 - | LRB099 16525 RJF 40861 b |
|
| 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 |
| | | HB4623 | - 9 - | LRB099 16525 RJF 40861 b |
|
| 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 submit | 7 | | a written request to the Administrator, within 60 days
of the | 8 | | date of such notification, to have control of surplus real
| 9 | | property transferred to that agency. Such request must indicate | 10 | | the
reason for the transfer and the intended use to be made of | 11 | | such surplus
real property. The Administrator may deny any or | 12 | | 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 program.
| 21 | | (d) Any surplus real property which is not transferred to | 22 | | the
control of another State agency under paragraph (c) shall | 23 | | be disposed of
by the Administrator. No appraisal is required | 24 | | if during his initial
survey of surplus real property the | 25 | | Administrator determines such
property has a fair market value | 26 | | of less than $5,000. If the value of
such property is |
| | | HB4623 | - 10 - | LRB099 16525 RJF 40861 b |
|
| 1 | | determined by the Administrator in his initial survey
to be | 2 | | $5,000 or more, then the Administrator shall obtain 2 3 | 3 | | appraisals
of such real property, which shall include any known | 4 | | liabilities, including, but not limited to, environmental | 5 | | costs one of which shall be performed by an appraiser
residing | 6 | | in the county in which said surplus real property is located .
| 7 | | The average of these 2 3 appraisals , plus the costs of | 8 | | obtaining the
appraisals, shall represent the fair market value | 9 | | of the surplus real
property. However, if the 2 appraisals | 10 | | differ by more than 15%, then the Administrator shall obtain a | 11 | | third appraisal, and the fair market value shall be the average | 12 | | of these 3 appraisals. | 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. Such written determination, along with | 19 | | an affidavit setting forth the conditions and circumstances | 20 | | that make the use of a different value in the best interests of | 21 | | the State, shall also be filed with the Executive Ethics | 22 | | Commission. The Executive Ethics Commission shall have at least | 23 | | 30 days to review the written determination. The Executive | 24 | | Ethics 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 |
| | | HB4623 | - 11 - | LRB099 16525 RJF 40861 b |
|
| 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 | | interest of the State to establish a different value may | 10 | | include, but are not limited to, the following: an auction did | 11 | | not yield any bids at the established fair market value; a unit | 12 | | of local government is interested in acquiring the surplus real | 13 | | property; or the costs to the State of maintaining such surplus | 14 | | real property are sufficiently high that it would be reasonable | 15 | | to a prudent person to sell such surplus real property for less | 16 | | than the fair market value established by the average of | 17 | | 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 exercise its option to
acquire the surplus real | 26 | | property for the fair market value within the notice period set |
| | | HB4623 | - 12 - | LRB099 16525 RJF 40861 b |
|
| 1 | | by the Administrator of at least 14 days 60
days of the notice . | 2 | | If any Stage agency or governing body notifies the | 3 | | Administrator of its interest in acquiring the property, then | 4 | | the Administrator shall wait a minimum of 30 additional days | 5 | | during which to engage in negotiations with that State agency | 6 | | or governing body for the sale of the surplus real property. | 7 | | After the notice period 60 day period has passed, the
| 8 | | Administrator may sell the surplus real property by public | 9 | | auction , which may include an electronic auction or the use of | 10 | | sealed bids, following notice of such sale by publication on 3 | 11 | | separate days not less
than 15 nor more than 30 days prior to | 12 | | the sale in the State newspaper
and in a newspaper having | 13 | | general circulation in the county in which the
surplus real | 14 | | property is located. The Administrator shall post "For
Sale" | 15 | | signs of a conspicuous nature on such surplus real property
| 16 | | offered for sale to the public. If no acceptable offers for the | 17 | | surplus
real property are received, the Administrator may have | 18 | | new appraisals of
such property made. The Administrator shall | 19 | | have all power necessary to
convey surplus real property under | 20 | | this Section. All moneys received
for the sale of surplus real | 21 | | property shall be deposited in the General
Revenue Fund, except | 22 | | that: | 23 | | (1) Where moneys expended for the acquisition of such
| 24 | | real property were from a special fund which is still a | 25 | | special fund in
the State treasury, this special fund shall | 26 | | be reimbursed in the amount
of the original expenditure and |
| | | HB4623 | - 13 - | LRB099 16525 RJF 40861 b |
|
| 1 | | any amount in excess thereof shall be
deposited in the | 2 | | General Revenue Fund. | 3 | | (2) Whenever a State mental health facility operated by | 4 | | the Department of Human Services is closed and the real | 5 | | estate on which the facility is located is sold by the | 6 | | State, the net proceeds of the sale of the real estate | 7 | | shall be deposited into the Community Mental Health | 8 | | Medicaid Trust Fund. | 9 | | (3) Whenever a State developmental disabilities | 10 | | facility operated by the Department of Human Services is | 11 | | closed and the real estate on which the facility is located | 12 | | is sold by the State, the net proceeds of the sale of the | 13 | | real estate shall be deposited into the Community | 14 | | Developmental Disability Services Medicaid Trust Fund.
| 15 | | The Administrator shall have authority to order such | 16 | | surveys, abstracts
of title, or commitments for title insurance | 17 | | as may, in his reasonable
discretion, be deemed necessary to | 18 | | demonstrate to prospective purchasers or
bidders good and | 19 | | marketable title in any property offered for sale pursuant
to | 20 | | this Section. Unless otherwise specifically authorized by the | 21 | | General
Assembly, all conveyances of property made by the | 22 | | Administrator shall be by
quit claim deed.
| 23 | | (e) The Administrator shall submit an annual report on or | 24 | | before
February 1 to the Governor and the General Assembly | 25 | | containing a
detailed statement of surplus real property either | 26 | | transferred or
conveyed under this Section.
|
| | | HB4623 | - 14 - | LRB099 16525 RJF 40861 b |
|
| 1 | | (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | 2 | | 96-1000, eff. 7-2-10.)
|
|