Illinois General Assembly - Full Text of Public Act 096-0527
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Public Act 096-0527




Public Act 096-0527
HB4027 Enrolled LRB096 03373 RCE 13396 b

    AN ACT concerning finance.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The State Property Control Act is amended by
changing Section 7.1 as follows:
    (30 ILCS 605/7.1)  (from Ch. 127, par. 133b10.1)
    Sec. 7.1. (a) Except as otherwise provided by law, all
surplus real property held by the State of Illinois shall be
disposed of by the administrator as provided in this Section.
"Surplus real property," as used in this Section, means any
real property to which the State holds fee simple title or
lesser interest, and is vacant, unoccupied or unused and which
has no foreseeable use by the owning agency.
    (b) All responsible officers shall submit an Annual Real
Property Utilization Report to the Administrator, or annual
update of such report, on forms required by the Administrator,
by July 31 October 30 of each year. The Administrator may
require such documentation as he deems reasonably necessary in
connection with this Report, and shall require that such Report
include the following information:
    (1) A legal description of all real property owned by the
State under the control of the responsible officer.
    (2) A description of the use of the real property listed
under (1).
    (3) A list of any improvements made to such real property
during the previous year.
    (4) The dates on which the State first acquired its
interest in such real property, and the purchase price and
source of the funds used to acquire the property.
    (5) Plans for the future use of currently unused real
    (6) A declaration of any surplus real property. On or
before October December 31 of each year the Administrator shall
furnish copies of each responsible officer's report along with
a list of surplus property indexed by legislative district to
the General Assembly.
    This report shall be filed with the Speaker, the Minority
Leader and the Clerk of the House of Representatives and the
President, the Minority Leader and the Secretary of the Senate
and shall be duplicated and made available to the members of
the General Assembly for evaluation by such members for
possible liquidation of unused public property at public sale.
    (c) Following receipt of the Annual Real Property
Utilization Report required under paragraph (b), the
Administrator shall notify all State agencies by October
December 31 of all declared surplus real property. Any State
agency may submit a written request to the Administrator,
within 60 days of the date of such notification, to have
control of surplus real property transferred to that agency.
Such request must indicate the reason for the transfer and the
intended use to be made of such surplus real property. The
Administrator may deny any or all such requests by a State
agency or agencies if the Administrator determines that it is
more advantageous to the State to dispose of the surplus real
property under paragraph (d). In case requests for the same
surplus real property are received from more than one State
agency, the Administrator shall weigh the benefits to the State
and determine to which agency, if any, to transfer control of
such property. The Administrator shall coordinate the use and
disposal of State surplus real property with any State space
utilization program.
    (d) Any surplus real property which is not transferred to
the control of another State agency under paragraph (c) shall
be disposed of by the Administrator. No appraisal is required
if during his initial survey of surplus real property the
Administrator determines such property has a fair market value
of less than $5,000. If the value of such property is
determined by the Administrator in his initial survey to be
$5,000 or more, then the Administrator shall obtain 3
appraisals of such real property, one of which shall be
performed by an appraiser residing in the county in which said
surplus real property is located. The average of these 3
appraisals, plus the costs of obtaining the appraisals, shall
represent the fair market value of the surplus real property.
No surplus real property may be conveyed by the Administrator
for less than the fair market value. Prior to offering the
surplus real property for sale to the public the Administrator
shall give notice in writing of the existence and fair market
value of the surplus real property to the governing bodies of
the county and of all cities, villages and incorporated towns
in the county in which such real property is located. Any such
governing body may exercise its option to acquire the surplus
real property for the fair market value within 60 days of the
notice. After the 60 day period has passed, the Administrator
may sell the surplus real property by public auction following
notice of such sale by publication on 3 separate days not less
than 15 nor more than 30 days prior to the sale in the State
newspaper and in a newspaper having general circulation in the
county in which the surplus real property is located. The
Administrator shall post "For Sale" signs of a conspicuous
nature on such surplus real property offered for sale to the
public. If no acceptable offers for the surplus real property
are received, the Administrator may have new appraisals of such
property made. The Administrator shall have all power necessary
to convey surplus real property under this Section. All moneys
received for the sale of surplus real property shall be
deposited in the General Revenue Fund, except where moneys
expended for the acquisition of such real property were from a
special fund which is still a special fund in the State
treasury, this special fund shall be reimbursed in the amount
of the original expenditure and any amount in excess thereof
shall be deposited in the General Revenue Fund.
    The Administrator shall have authority to order such
surveys, abstracts of title, or commitments for title insurance
as may, in his reasonable discretion, be deemed necessary to
demonstrate to prospective purchasers or bidders good and
marketable title in any property offered for sale pursuant to
this Section. Unless otherwise specifically authorized by the
General Assembly, all conveyances of property made by the
Administrator shall be by quit claim deed.
    (e) The Administrator shall submit an annual report on or
before February 1 to the Governor and the General Assembly
containing a detailed statement of surplus real property either
transferred or conveyed under this Section.
(Source: P.A. 85-315.)

Effective Date: 1/1/2010