093_SB0074

 
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 1        AN ACT in relation to property.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Department of Central Management Services
 5    Law  of  the Civil Administrative Code of Illinois is amended
 6    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 the property at a rate less
14    than 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        No  appraisal is required if during its initial survey of
20    the property the Department determines the  property  has  an
21    annual  fair  market rental value of less than $10 per square
22    foot.  If the annual fair market rental value of the property
23    is determined by the Department in its initial survey  to  be
24    $10 per square foot or more, then the Department shall obtain
25    an  appraisal.  The appraisal shall represent the fair market
26    rental value of the property.
27        Any responsible officer, person, or employee of the State
28    government who knowingly violates this Section is guilty of a
29    Class B misdemeanor. A second or subsequent violation of this
30    Section by that officer, person, or employee  is  a  Class  A
31    misdemeanor.
 
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 1    (Source: P.A. 91-239, eff. 1-1-00.)

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

 4        (30 ILCS 605/1.01) (from Ch. 127, par. 133b2)
 5        Sec.  1.01.  "Responsible officer" means and includes all
 6    elective State officers;  directors  of  the  executive  code
 7    departments;  presidents  of State universities and colleges;
 8    chairmen of executive boards, bureaus, and  commissions;  and
 9    all  other officers in charge of the property of the State of
10    Illinois,  including  subordinates  of  responsible  officers
11    deputized by them to carry out some or all  of  their  duties
12    under this Act.
13    (Source: P.A. 82-1047.)

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

28        (30 ILCS 605/9) (from Ch. 127, par. 133b12)
29        Sec. 9.  Any responsible officer, person, or employee  of
30    the  State  government  who  knowingly  violates  any  of the
31    provisions, rules, regulations, directions and orders as  set
32    forth in this Act shall be guilty of a Class B misdemeanor. A
33    second  or  subsequent  violation by that officer, person, or
 
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 1    employee is a Class A misdemeanor.
 2    (Source: P.A. 77-2598.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.