Illinois General Assembly - Full Text of Public Act 100-1184
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Public Act 100-1184


Public Act 1184 100TH GENERAL ASSEMBLY



Public Act 100-1184
SB0886 EnrolledLRB100 08646 HLH 18780 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Procurement Code is amended by
adding Section 1-35 as follows:
    (30 ILCS 500/1-35 new)
    Sec. 1-35. Application to James R. Thompson Center. In
accordance with Section 7.4 of the State Property Control Act,
this Code does not apply to any procurements related to the
sale of the James R. Thompson Center, provided that the process
shall be conducted in a manner substantially in accordance with
the requirements of the following Sections of the Illinois
Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13,
50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The
exemption contained in this Section does not apply to any
leases involving the James R. Thompson Center, including a
leaseback authorized under Section 7.4 of the State Property
Control Act.
    Section 10. The State Property Control Act is amended by
changing Section 7.4 and by adding Section 7.7 as follows:
    (30 ILCS 605/7.4)
    Sec. 7.4. James R. Thompson Center; Elgin Mental Health
    (a) Notwithstanding any other provision of this Act or any
other law to the contrary, the administrator is authorized
under this Section to dispose of or mortgage (i) the James R.
Thompson Center located in Chicago, Illinois. and (ii) the
Elgin Mental Health Center and surrounding land located at 750
S. State Street, Elgin, Illinois in any of the following ways:
(1) The administrator may sell the property as provided in
subsection (b). (2) The administrator may sell the property as
provided in subsection (b), and, either as a condition of the
sale or the administrator may immediately thereafter enter into
a leaseback or other agreement that directly or indirectly
gives the State a right to use, control, and possess the
property. Notwithstanding any other provision of law, a lease
entered into by the administrator under this subdivision (a)(2)
may last for any period not exceeding 99 years. (3) The
administrator may enter into a mortgage agreement, using the
property as collateral, to receive a loan or a line of credit
based on the equity available in the property. Any loan
obtained or line of credit established under this subdivision
(a)(3) must require repayment in full in 20 years or less.
    (b) The administrator shall dispose of the property using a
competitive sealed proposal process that includes, at a
minimum, the following:
        (1) Engagement Prior to Request for Proposal. The
    administrator may, prior to soliciting requests for
    proposals, enter into discussions with interested
    purchasers in order to assess existing market conditions,
    demands and likely development scenarios provided that no
    such interested purchasers shall have any role in drafting
    any request for proposals nor shall any request for
    proposal be provided to any interested purchaser prior to
    its general public distribution. The administrator may
    issue a request for qualifications that requests
    interested purchasers to provide such information as the
    administrator reasonably deems necessary in order to
    evaluate the qualifications of such interested purchasers
    including the ability of interested purchasers to acquire
    and develop the property, all as reasonably determined by
    the administrator.
        (2) Request for proposals. Proposals to acquire and
    develop the property shall be solicited through a request
    for proposals. Such request for proposals shall include
    such requirements and factors as the administrator shall
    determine are necessary or advisable with respect to the
    disposition of the James R. Thompson Center, including
    soliciting proposals designating a portion of the property
    after the development or redevelopment thereof in honor of
    Governor James R. Thompson.
        (3) Public notice. Public notice of any request for
    qualification or request for proposals shall be published
    in the Illinois Procurement Bulletin at least 14 calendar
    days before the date by which such requests are due. The
    administrator may advertise the request in any other manner
    or publication which it reasonably determines may increase
    the scope and nature of responses to the request. In the
    event the administrator shall have already identified
    qualified purchasers pursuant to a request for
    qualification process as set forth above, notice of the
    request for proposals may be delivered only to such
    qualified purchasers.
        (4) Opening of proposals. Proposals shall be opened
    publicly on the date, time and location designated in the
    Illinois Procurement Bulletin, but proposals shall be
    opened in a manner to avoid disclosure of contents to
    competing purchasers during the process of negotiation. A
    record of proposals shall be prepared and shall be open for
    public inspection after contract award, but prior to
    contract execution.
        (5) Evaluation factors. Proposals shall be submitted
    in 2 parts: (i) items except price, and (ii) covering
    price. The first part of all proposals shall be evaluated
    and ranked independently of the second part of all
        (6) Discussion with interested purchasers and
    revisions of offers or proposals. After the opening of the
    proposals, and under such guidelines as the administrator
    may elect to establish in the request for proposals, the
    administrator and his or her designees may engage in
    discussions with interested purchasers who submitted
    offers or proposals that the administrator determines are
    reasonably susceptible of being selected for award for the
    purpose of clarifying and assuring full understanding of
    and responsiveness to the solicitation requirements. Those
    purchasers shall be accorded fair and equal treatment with
    respect to any opportunity for discussion and revision of
    proposals. Revisions may be permitted after submission and
    before award for the purpose of obtaining best and final
    offers. In conducting discussions there shall be no
    disclosure of any information derived from proposals
    submitted by competing purchasers. If information is
    disclosed to any purchaser, it shall be provided to all
    competing purchasers.
        (7) Award. Awards shall be made to the interested
    purchaser whose proposal is determined in writing to be the
    most advantageous to the State, taking into consideration
    price and the evaluation factors set forth in the request
    for proposals. The contract file shall contain the basis on
    which the award is made. The administrator shall obtain 3
    appraisals of the real property transferred under
    subdivision (a)(1) or (a)(2) of this Section, one of which
    shall be performed by an appraiser residing in the county
    in which the 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 real property.
    No property may be conveyed under subdivision (a)(1) or
    (a)(2) of this Section by the administrator for less than
    the fair market value. The administrator may sell the real
    property by public auction following notice of the sale by
    publication on 3 separate days not less than 15 nor more
    than 30 days prior to the sale in a daily newspaper having
    general circulation in the county in which the real
    property is located. If no acceptable offers for the real
    property are received, the administrator may have new
    appraisals of the property made. The administrator shall
    have all power necessary to convey real property under
    subdivision (a)(1) or (a)(2) of this Section.
    (b-5) Any contract to dispose of the property is subject to
the following conditions:
        (1) A commitment from the purchaser to make any
    applicable payments to the City of Chicago with respect to
    additional zoning density;
        (2) A commitment from the purchaser to enter into an
    agreement with the City of Chicago and the Chicago Transit
    Authority regarding the existing operation of the Chicago
    Transit Authority facility currently located on the
    property, substantially similar to the existing agreement
    between the City of Chicago, the Chicago Transit Authority,
    and the State of Illinois, and such agreement must be
    executed prior to assuming title to the property; and
        (3) A commitment from the purchaser to designate a
    portion of the property after the development or
    redevelopment thereof in honor of Governor James R.
    (b-10) The administrator shall have authority to order such
surveys, abstracts of title, or commitments for title
insurance, environmental reports, property condition reports,
or any other materials as the administrator may, in his or her
reasonable discretion, be deemed necessary to demonstrate to
prospective purchasers or , bidders, or mortgagees good and
marketable title in and the existing conditions or
characteristics of the any property offered for sale or
mortgage under this Section. All Unless otherwise specifically
authorized by the General Assembly, all conveyances of property
made by the administrator under subdivision (a)(1) or (a)(2) of
this Section shall be by quit claim deed.
    (c) All moneys received from the sale or mortgage of real
property under this Section shall be deposited into the General
Revenue Fund, provided that any obligations of the State to the
purchaser acquiring the property, a contractor involved in the
sale of the property, or a unit of local government may be
remitted from the proceeds during the closing process and need
not be deposited in the State treasury prior to closing.
    (d) The administrator is authorized to enter into any
agreements and execute any documents necessary to exercise the
authority granted by this Section.
    (e) Any agreement to dispose of or mortgage (i) the James
R. Thompson Center located in Chicago, Illinois or (ii) the
Elgin Mental Health Center and surrounding land located at 750
S. State Street, Elgin, Illinois pursuant to the authority
granted by this Section must be entered into no later than 2
years one year after the effective date of this amendatory Act
of the 100th 93rd General Assembly.
    (f) The provisions of this Section are subject to the
Freedom of Information Act, and nothing shall be construed to
waive the ability of a public body to assert any applicable
(Source: P.A. 93-19, eff. 6-20-03.)
    (30 ILCS 605/7.7 new)
    Sec. 7.7. Michael A. Bilandic Building.
    (a) On or prior to the disposition of the James R. Thompson
Center the existing executive offices of the Governor,
Lieutenant Governor, Secretary of State, Comptroller, and
Treasurer shall be relocated in the Michael A. Bilandic
Building located at 160 North LaSalle Street, Chicago,
Illinois. An officer shall occupy the designated space on the
same terms and conditions applicable on the effective date of
this amendatory Act of the 100th General Assembly. An executive
officer may choose to locate in alternative offices within the
City of Chicago.
    (b) The four caucuses of the General Assembly shall be
given space within the Michael A. Bilandic Building. Any caucus
located in the building on or prior to the effective date of
this amendatory Act of the 100th General Assembly shall
continue to occupy their designated space on the same terms and
conditions applicable on the effective date of this amendatory
Act of the 100th General Assembly.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 4/5/2019