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90_HB0417
New Act
20 ILCS 405/67.02 rep.
Creates the State Real Estate Board Act and amends the
Civil Administrative Code of Illinois. Establishes a State
Real Estate Board, composed of 5 Governor-appointees and the
State Treasurer, to review and approve or deny 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.
LRB9001355KDsb
LRB9001355KDsb
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 1. Short title. This Act may be cited as the
5 State Real Estate Board Act.
6 Section 5. Definitions. As used in this Act:
7 "Board" means the State Real Estate Board created by this
8 Act.
9 "State agency" means all agencies, authorities, boards,
10 commissions, departments, institutions, bodies politic, and
11 all other administrative units and outgrowths of the
12 executive branch of State government except the
13 constitutional officers, the State Board of Education, and
14 the State colleges and universities and their governing
15 bodies.
16 Section 10. Board created.
17 (a) The State Real Estate Board is created. The Board
18 shall consist of 5 experts in the Illinois real estate
19 industry, appointed by the Governor with the advice and
20 consent of the Senate, and the State Treasurer or his or her
21 designee, ex officio.
22 (b) Of the members initially appointed to the Board, 2
23 shall serve 3-year terms and 3 shall serve 4-year terms as
24 determined by the Governor. Subsequent appointed members
25 shall serve 4-year terms. Vacancies shall be filled for the
26 remainder of the unexpired term. If a term expires or a
27 vacancy occurs when the Senate is not in session, the
28 Governor's appointee may serve temporarily without
29 confirmation until the Senate is next in session and acts
30 upon his or her appointment. Members may be reappointed.
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1 (c) Members shall serve without compensation but shall
2 be reimbursed for actual expenses incurred in the performance
3 of their duties.
4 (d) The Board shall annually select a chairman from
5 among its members. A majority of the Board shall constitute
6 a quorum.
7 Section 15. Director; staff. The Board shall appoint an
8 executive director to perform its administrative functions.
9 The director shall serve at the pleasure of the Board at an
10 annual compensation determined by the Board. The director
11 may employ staff as he or she deems necessary from funds
12 appropriated for that purpose.
13 Section 20. Agency real estate liaison. Each State
14 agency shall designate, from among existing officers or
15 staff, a liaison to the State Real Estate Board. The liaison
16 shall submit to the Board, in a manner prescribed by the
17 Board, all agency requests for the acquisition by lease or
18 purchase of office and storage space, buildings, land, and
19 other facilities. An agency shall not acquire office and
20 storage space, buildings, land, or other facilities by lease
21 or purchase without the written approval of the Board.
22 Section 25. Purpose of Board.
23 (a) The Board shall develop and implement policies
24 governing State agency real estate transactions. The Board
25 shall review all State agency real estate requests submitted
26 in accordance with Section 20 and shall approve or deny each
27 request in writing in a timely manner. In denying a request,
28 the Board may recommend an alternate transaction. Alternate
29 transactions may include those recommended under subsection
30 (b).
31 (b) Upon its own initiative or upon the request of a
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1 State agency or agencies, the Board may develop and recommend
2 to the appropriate State agency or agencies real estate
3 transactions that most effectively and efficiently serve the
4 current and future needs of the State. The Board is
5 authorized to implement its recommendations upon written
6 consent of the State agency or agencies involved.
7 (c) The Board shall determine lease durations and terms
8 and contract terms for various types of real estate
9 transactions to be used by State agencies in carrying out
10 real estate transactions approved by the Board under
11 subsection (a).
12 (d) The Board may promulgate and adopt all rules
13 necessary for the performance of its powers and duties under
14 this Act.
15 Section 30. Benefit to Board member prohibited. The
16 Board shall not approve, recommend, or implement any real
17 estate transaction that directly or indirectly financially
18 benefits a current Board member, his or her family, a person
19 who has been a Board member within the previous 10 years, the
20 family of that previous Board member, or any entity in which
21 a current Board member, his or her family, a person who has
22 been a Board member in the previous 10 years, or his or her
23 family has an ownership interest of 7 1/2% or more. As used
24 in this Section, "family" means parents, step-parents,
25 spouse, siblings, children, and step-children.
26 Section 35. Impairment of existing transactions.
27 Nothing in this Act shall impair any real estate transaction,
28 contract, or lease valid on the effective date of this Act.
29 (20 ILCS 405/67.02 rep.)
30 Section 90. The Civil Administrative Code of Illinois is
31 amended by repealing Section 67.02.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.