Sen. Michael E. Hastings

Filed: 3/5/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2291

2    AMENDMENT NO. ______. Amend Senate Bill 2291 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Property Control Act is amended by
5changing Section 7.1 as follows:
 
6    (30 ILCS 605/7.1)  (from Ch. 127, par. 133b10.1)
7    Sec. 7.1. (a) Except as otherwise provided by law, all
8surplus real property held by the State of Illinois shall be
9disposed of by the administrator as provided in this Section.
10"Surplus real property," as used in this Section, means any
11real property to which the State holds fee simple title or
12lesser interest, and is determined by the head of the owning
13agency to no longer be required for the State agency's needs
14and responsibilities. Title to the surplus real property may,
15if approved by the Administrator, remain with the owning agency
16throughout the disposition process; however, the Administrator

 

 

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1and the Department of Central Management Services have sole
2responsibility and authority for disposing of the property as
3set forth in this Section vacant, unoccupied or unused and
4which has no foreseeable use by the owning agency.
5    (b) All responsible officers shall submit an Annual Real
6Property Utilization Report to the Administrator, or annual
7update of such report, on forms required by the Administrator,
8by July 31 of each year. The Administrator may require such
9documentation as he deems reasonably necessary in connection
10with this Report, and shall require that such Report include
11the following information:
12    (1) A legal description of all real property owned by the
13State under the control of the responsible officer.
14    (2) A description of the use of the real property listed
15under (1).
16    (3) A list of any improvements made to such real property
17during the previous year.
18    (4) The dates on which the State first acquired its
19interest in such real property, and the purchase price and
20source of the funds used to acquire the property.
21    (5) Plans for the future use of currently unused real
22property.
23    (6) A declaration of any surplus real property. On or
24before October 31 of each year the Administrator shall furnish
25copies of each responsible officer's report along with a list
26of surplus property indexed by legislative district to the

 

 

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1General Assembly.
2    This report shall be filed with the Speaker, the Minority
3Leader and the Clerk of the House of Representatives and the
4President, the Minority Leader and the Secretary of the Senate
5and shall be duplicated and made available to the members of
6the General Assembly for evaluation by such members for
7possible liquidation of unused public property at public sale.
8    (c) Following receipt of the Annual Real Property
9Utilization Report required under paragraph (b), the
10Administrator shall notify all State agencies by October 31 of
11all declared surplus real property. Any State agency may submit
12a written request to the Administrator, within 60 days of the
13date of such notification, to have control of surplus real
14property transferred to that agency. Such request must indicate
15the reason for the transfer and the intended use to be made of
16such surplus real property. The Administrator may deny any or
17all such requests by a State agency or agencies if the
18Administrator determines that it is more advantageous to the
19State to dispose of the surplus real property under paragraph
20(d). In case requests for the same surplus real property are
21received from more than one State agency, the Administrator
22shall weigh the benefits to the State and determine to which
23agency, if any, to transfer control of such property. The
24Administrator shall coordinate the use and disposal of State
25surplus real property with any State space utilization program.
26    (d) Any surplus real property which is not transferred to

 

 

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1the control of another State agency under paragraph (c) shall
2be disposed of by the Administrator. No appraisal is required
3if during his initial survey of surplus real property the
4Administrator determines such property has a fair market value
5of less than $5,000. If the value of such property is
6determined by the Administrator in his initial survey to be
7$5,000 or more, then the Administrator shall obtain 2 3
8appraisals of such real property, one of which shall be
9performed by an appraiser residing in the county in which said
10surplus real property is located. The average of these 2 3
11appraisals, plus the costs of obtaining the appraisals, shall
12represent the fair market value of the surplus real property.
13    No surplus real property may be conveyed by the
14Administrator for less than the fair market value, unless the
15Administrator makes a written determination that it is in the
16best interests of the State to establish a different value.
17That written determination shall be published in the Illinois
18Procurement Bulletin. The written determination, along with an
19affidavit setting forth the conditions and circumstances that
20make the use of a different value in the best interests of the
21State, shall also be filed with the Executive Ethics
22Commission. The Executive Ethics Commission shall have 30 days
23to review the written determination. The Executive Ethics
24Commission may order an additional 30 days to review the
25written determination. The Administrator shall provide the
26Executive Ethics Commission with any information requested by

 

 

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1the Executive Ethics Commission related to the Administrator's
2determination of the value of the surplus real property. If the
3Executive Ethics Commission objects in writing to the value
4determined by the Administrator, then the Administrator shall
5not convey the surplus real property for less than either the
6fair market value as determined by the average of appraisals or
7an amount agreed upon by the Executive Ethics Commission and
8the Administrator. Circumstances in which it is in the best
9interests of the State to establish a different value may
10include, but are not limited to, the following: (1) an auction
11did not yield any bids at the established fair market value;
12(2) a unit of local government is interested in acquiring the
13surplus real property; or (3) the costs to the State of
14maintaining the surplus real property are sufficiently high
15that it would be reasonable to a prudent person to sell the
16surplus real property for less than the fair market value
17established by the average of the appraisals.
18    Prior to offering the surplus real property for sale to the
19public the Administrator shall give notice in writing of the
20existence and fair market value of the surplus real property to
21each State agency and to the governing bodies of the county and
22of all cities, villages and incorporated towns in the county in
23which such real property is located. Any such State agency or
24governing body may notify the Administrator of its interest in
25acquiring and exercising exercise its option to acquire the
26surplus real property for the fair market value within the

 

 

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1notice period set by the Administrator of at least 60 days of
2the notice. If any State agency notifies the Administrator of
3its interest in acquiring the surplus property, the
4Administrator may deny any such requests by a State agency if
5the Administrator determines that it is more advantageous to
6the State to dispose of the surplus real property to a
7governing body or the public. If a governing body notifies the
8Administrator of its interest in acquiring the property, then
9the Administrator shall wait a minimum of 30 additional days
10during which the Administrator may engage in negotiations with
11the governing body for the sale of the surplus real property.
12At the conclusion of the additional governing body negotiation
13period, the Administrator shall notify the governing body of
14his or her decision regarding the negotiations. After the
15notice period as set by the Administrator of at least 60 days
1660 day period has passed, the Administrator may sell the
17surplus real property by public auction, which may include an
18electronic auction or the use of sealed bids, following notice
19of such sale by publication on 3 separate days not less than 15
20nor more than 30 days prior to the sale in the State newspaper
21and in a newspaper having general circulation in the county in
22which the surplus real property is located. The Administrator
23shall post "For Sale" signs of a conspicuous nature on such
24surplus real property offered for sale to the public. If no
25acceptable offers for the surplus real property are received,
26the Administrator may have new appraisals of such property

 

 

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1made. The Administrator shall have all power necessary to
2convey surplus real property under this Section. All moneys
3received for the sale of surplus real property shall be
4deposited in the General Revenue Fund, except that:
5        (1) Where moneys expended for the acquisition of such
6    real property were from a special fund which is still a
7    special fund in the State treasury, this special fund shall
8    be reimbursed in the amount of the original expenditure and
9    any amount in excess thereof shall be deposited in the
10    General Revenue Fund.
11        (2) Whenever a State mental health facility operated by
12    the Department of Human Services is closed and the real
13    estate on which the facility is located is sold by the
14    State, the net proceeds of the sale of the real estate
15    shall be deposited into the Community Mental Health
16    Medicaid Trust Fund.
17        (3) Whenever a State developmental disabilities
18    facility operated by the Department of Human Services is
19    closed and the real estate on which the facility is located
20    is sold by the State, the net proceeds of the sale of the
21    real estate shall be deposited into the Community
22    Developmental Disability Services Medicaid Trust Fund.
23    The Administrator shall have authority to order such
24surveys, abstracts of title, or commitments for title insurance
25as may, in his reasonable discretion, be deemed necessary to
26demonstrate to prospective purchasers or bidders good and

 

 

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1marketable title in any property offered for sale pursuant to
2this Section. Unless otherwise specifically authorized by the
3General Assembly, all conveyances of property made by the
4Administrator shall be by quit claim deed.
5    (e) The Administrator shall submit an annual report on or
6before February 1 to the Governor and the General Assembly
7containing a detailed statement of surplus real property either
8transferred or conveyed under this Section.
9(Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09;
1096-1000, eff. 7-2-10.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".