State of Illinois
90th General Assembly
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90_HB0387

      20 ILCS 3105/4.06 new
      20 ILCS 405/67.02 rep.
          Amends the Capital Development Board  Act.   Includes  in
      the list of the purposes of the Board reviewing and approving
      or  denying  State  executive branch agency real estate lease
      and purchase requests.  Authorizes  the  Board  to  recommend
      and,  upon agency request, implement real estate transactions
      in the State's best current and  future  interests.   Removes
      the   authority  of  the  Department  of  Central  Management
      Services   in   implementing   State   agency   real   estate
      transactions.  Effective immediately.
                                                     LRB9001354KDcd
                                               LRB9001354KDcd
 1        AN ACT concerning State real estate transactions.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Capital Development Board Act is amended
 5    by adding Section 4.06 as follows:
 6        (20 ILCS 3105/4.06 new)
 7        Sec.  4.06.   To develop and implement policies governing
 8    State executive branch agency real estate transactions.   The
 9    Board  shall  review  all  State executive branch agency real
10    estate requests submitted by a  liaison  designated  by  each
11    State  executive  branch agency. The liaison shall submit all
12    agency requests for the acquisition by lease or  purchase  of
13    office   and   storage  space,  buildings,  land,  and  other
14    facilities.  The Board shall approve or deny each request  in
15    writing  in a timely manner.  In denying a request, the Board
16    may recommend an alternate transaction.  No State agency  may
17    acquire  office  and storage space, buildings, land, or other
18    facilities by lease or purchase without written  approval  by
19    the   Board.    Alternate   transactions  may  include  those
20    recommended under subsection (b).
21        (b)  Upon its own initiative or upon  the  request  of  a
22    State  executive  branch  agency  or  agencies, the Board may
23    develop and recommend to  the  appropriate  State  agency  or
24    agencies  real  estate transactions that most effectively and
25    efficiently serve the current and future needs of the  State.
26    The Board is authorized to implement its recommendations upon
27    written  consent  of  the  State  executive  branch agency or
28    agencies involved.
29        (c)  The Board shall determine lease durations and  terms
30    and   contract   terms  for  various  types  of  real  estate
31    transactions to be used by State executive branch agencies in
                            -2-                LRB9001354KDcd
 1    carrying out real estate transactions approved by  the  Board
 2    under subsection (a).
 3        (d)  The Board shall not approve, recommend, or implement
 4    any  real  estate  transaction  that  directly  or indirectly
 5    financially benefits a  current  Board  member,  his  or  her
 6    family,  a  person  who  has  been  a Board member within the
 7    previous 10 years, the family of that previous Board  member,
 8    or  any  entity  in  which a current Board member, his or her
 9    family, a person who has been a Board member in the  previous
10    10 years, or his or her family has an ownership interest of 7
11    1/2%  or  more.   As  used  in  this  Section, "family" means
12    parents,  step-parents,  spouse,  siblings,   children,   and
13    step-children.
14        (e)  Nothing  in  this  Act  shall impair any real estate
15    transaction, contract, or lease valid on the  effective  date
16    of this amendatory Act of 1997.
17        (20 ILCS 405/67.02 rep.)
18        Section 10.  The Civil Administrative Code of Illinois is
19    amended by repealing Section 67.02.
20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.

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