093_SB0074sam001

 










                                     LRB093 04298 SJM 07473 a

 1                     AMENDMENT TO SENATE BILL 74

 2        AMENDMENT NO.     .  Amend Senate Bill  74  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.  The   Department   of  Central  Management
 5    Services Law of the Civil Administrative Code of Illinois  is
 6    amended by changing Section 405-305 as follows:

 7        (20 ILCS 405/405-305) (was 20 ILCS 405/67.06)
 8        Sec.  405-305.  Lease  of  unused  or  unproductive State
 9    land. To lease, at the fair market  rental  value  rate,  the
10    unused  or unproductive land under the jurisdiction of any of
11    the several departments on terms and conditions that  in  the
12    judgement  of  the  Director are in the best interests of the
13    State. The Department may lease property at a rate less  than
14    60%  of  the  fair  market  rental value rate only if (i) the
15    Director certifies in writing the  reasons  for  leasing  the
16    property  at that rate and (ii) the rate constitutes fair and
17    adequate compensation. The Director may  not  lease  property
18    for  nominal  consideration  that  is  tantamount  to a gift,
19    except with the approval of the  General  Assembly  by  joint
20    resolution.
21        No  appraisal is required if during its initial survey of
22    the property the Department determines the  property  has  an
 
                            -2-      LRB093 04298 SJM 07473 a
 1    annual  fair  market rental value of less than $10 per square
 2    foot.  If the annual fair market rental value of the property
 3    is determined by the Department in its initial survey  to  be
 4    $10 per square foot or more, then the Department shall obtain
 5    an  appraisal by a State certified real estate appraiser. The
 6    appraisal shall represent the fair market rental value of the
 7    property.
 8        Any responsible officer, person, or employee of the State
 9    government who knowingly violates this Section is guilty of a
10    Class B misdemeanor. A second or subsequent violation of this
11    Section by that officer, person, or employee  is  a  Class  A
12    misdemeanor.
13    (Source: P.A. 91-239, eff. 1-1-00.)

14        Section 10.  The State Property Control Act is amended by
15    changing Sections 1.01, 7.1, and 9 as follows:

16        (30 ILCS 605/1.01) (from Ch. 127, par. 133b2)
17        Sec.  1.01.  "Responsible officer" means and includes all
18    elective State officers;  directors  of  the  executive  code
19    departments;  presidents  of State universities and colleges;
20    chairmen of executive boards, bureaus, and  commissions;  and
21    all  other officers in charge of the property of the State of
22    Illinois,  including  subordinates  of  responsible  officers
23    deputized by them to carry out some or all  of  their  duties
24    under this Act.
25    (Source: P.A. 82-1047.)

26        (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
27        Sec.  7.1.   (a) Except as otherwise provided by law, all
28    surplus real property held by the State of Illinois shall  be
29    disposed of by the administrator as provided in this Section.
30    "Surplus  real  property," as used in this Section, means any
31    real property to which the State holds fee  simple  title  or
 
                            -3-      LRB093 04298 SJM 07473 a
 1    lesser  interest,  and  is  vacant,  unoccupied or unused and
 2    which has no foreseeable use by the owning agency.
 3        (b)  All responsible officers shall submit an Annual Real
 4    Property Utilization Report to the Administrator,  or  annual
 5    update   of   such   report,   on   forms   required  by  the
 6    Administrator, by October 30 of each year. The  Administrator
 7    may   require  such  documentation  as  he  deems  reasonably
 8    necessary in connection with this Report, and  shall  require
 9    that such Report include the following information:
10        (1)  A  legal  description  of all real property owned by
11    the State under the control of the responsible officer.
12        (2)  A description of the use of the real property listed
13    under (1).
14        (3)  A  list  of  any  improvements  made  to  such  real
15    property during the previous year.
16        (4)  The dates on which  the  State  first  acquired  its
17    interest  in  such  real property, and the purchase price and
18    source of the funds used to acquire the property.
19        (5)  Plans for the future use of  currently  unused  real
20    property.
21        (6)  A  declaration  of  any surplus real property. On or
22    before November 30 December 31 of each year the Administrator
23    shall furnish copies of  each  responsible  officer's  report
24    along  with a list of surplus property indexed by legislative
25    district to the General Assembly.
26        This report shall be filed with the Speaker, the Minority
27    Leader and the Clerk of the House of Representatives and  the
28    President,  the  Minority  Leader  and  the  Secretary of the
29    Senate and shall be duplicated  and  made  available  to  the
30    members  of  the  General  Assembly  for  evaluation  by such
31    members for possible liquidation of unused public property at
32    public sale.  The  members  of  the  General  Assembly  shall
33    review the list of surplus properties and submit any comments
34    to  the Administrator by January 15 of the year following the
 
                            -4-      LRB093 04298 SJM 07473 a
 1    reports   submission   to   the   General   Assembly.     The
 2    Administrator  must consider these comments when disposing of
 3    the property.
 4        (c)  Following  receipt  of  the  Annual  Real   Property
 5    Utilization   Report  required  under  paragraph  (b),    the
 6    Administrator shall notify all State agencies by December  31
 7    of  all declared surplus real property.  Any State agency may
 8    submit a written request to the Administrator, within 60 days
 9    of the date of such notification, to have control of  surplus
10    real  property transferred to that agency.  Such request must
11    indicate the reason for the transfer and the intended use  to
12    be made of such surplus real property.  The Administrator may
13    not deny a request any or all such requests by a State agency
14    unless or agencies if the Administrator determines that it is
15    more advantageous to the State to dispose of the surplus real
16    property  under paragraph (d).  In case requests for the same
17    surplus real property are received from more than  one  State
18    agency   requests  the  same  property,  in  which  case  the
19    Administrator shall weigh  the  benefits  to  the  State  and
20    determine to which agency, if any, to transfer control of the
21    such property or determine how the property shall be divided.
22    The  Administrator  shall  coordinate the use and disposal of
23    State surplus real property with any State space  utilization
24    program.
25        (d)  Any  Surplus  real property which is not transferred
26    to the control of another State agency  under  paragraph  (c)
27    shall  be  disposed of by the Administrator.  No appraisal is
28    required  if  during  his  initial  survey  of  surplus  real
29    property the Administrator determines  such  property  has  a
30    fair  market value of less than $15,000 $5,000.  If the value
31    of such property is determined by the  Administrator  in  his
32    initial  survey  to  be  $15,000  $5,000  or  more,  then the
33    Administrator  shall  obtain  3  appraisals  of   such   real
34    property,  one  of  which  shall be performed by an appraiser
 
                            -5-      LRB093 04298 SJM 07473 a
 1    residing in  the  county  in  which  the  said  surplus  real
 2    property  is located. The average of these 3 appraisals, plus
 3    the costs of obtaining the appraisals,  shall  represent  the
 4    fair  market  value of the surplus real property.  No surplus
 5    real property may be conveyed by the Administrator  for  less
 6    than  the  fair  market value.  Prior to offering the surplus
 7    real property for sale to the public the Administrator  shall
 8    give notice in writing of the existence and fair market value
 9    of  the  surplus real property to the governing bodies of the
10    county and of all cities, villages and incorporated towns  in
11    the  county in which such real property is located.  Any such
12    governing body may exercise its option to acquire the surplus
13    real property for the fair market value within 60 days of the
14    notice.   After  the  60   day   period   has   passed,   the
15    Administrator  may  sell  the surplus real property by public
16    auction following notice of such sale  by  publication  on  3
17    separate days not less than 15 nor more than 30 days prior to
18    the  sale  in  the  State newspaper and in a newspaper having
19    general circulation in the county in which the  surplus  real
20    property is located.  The Administrator shall post "For Sale"
21    signs  of  a conspicuous nature on such surplus real property
22    offered for sale to the public.  If no acceptable offers  for
23    the surplus real property are received, the Administrator may
24    have new appraisals of such property made.  The Administrator
25    shall  have  all  power  necessary  to  convey  surplus  real
26    property  under  this  Section.   All moneys received for the
27    sale of surplus real  property  shall  be  deposited  in  the
28    General  Revenue  Fund,  except where moneys expended for the
29    acquisition of such real property were from  a  special  fund
30    which  is  still  a  special fund in the State treasury, this
31    special fund  shall  be  reimbursed  in  the  amount  of  the
32    original  expenditure  and any amount in excess thereof shall
33    be deposited in the General Revenue Fund.
34        The Administrator shall  have  authority  to  order  such
 
                            -6-      LRB093 04298 SJM 07473 a
 1    surveys,   abstracts  of  title,  or  commitments  for  title
 2    insurance as may, in his  reasonable  discretion,  be  deemed
 3    necessary to demonstrate to prospective purchasers or bidders
 4    good  and  marketable  title in any property offered for sale
 5    pursuant to  this  Section.   Unless  otherwise  specifically
 6    authorized  by  the  General  Assembly,  all  conveyances  of
 7    property  made  by  the  Administrator shall be by quit claim
 8    deed.
 9        (e)  The Administrator shall submit an annual  report  by
10    on  or  before  February  1  to  the Governor and the General
11    Assembly containing a  detailed  statement  of  surplus  real
12    property either transferred or conveyed under this Section.
13    (Source: P.A. 85-315.)

14        (30 ILCS 605/9) (from Ch. 127, par. 133b12)
15        Sec.  9.  Any responsible officer, person, or employee of
16    the State  government  who  knowingly  violates  any  of  the
17    provisions,  rules, regulations, directions and orders as set
18    forth  in  this  Act  is  shall  be  guilty  of  a  Class   B
19    misdemeanor.   A  second  or  subsequent  violation  by  that
20    officer, person, or employee is a Class A misdemeanor.
21    (Source: P.A. 77-2598.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.".