093_HB3940

 
                                     LRB093 14486 MKM 20247 b

 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 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,  except with the approval of the
19    General Assembly by joint resolution.  In  the  event  of  an
20    emergency  when  the  General Assembly is not in session, the
21    Director may lease property  for  nominal  consideration  and
22    shall  seek  the  approval  of  the General Assembly by joint
23    resolution upon the next meeting  of  the  General  Assembly.
24    For  the  purposes  of  this Section, "nominal consideration"
25    means less than 10% of the fair market rental value.
26        No appraisal is required if during its initial survey  of
27    the  property  the  Department determines the property has an
28    annual fair market rental value of less than $10  per  square
29    foot.  If the annual fair market rental value of the property
30    is  determined  by the Department in its initial survey to be
31    $10 per square foot or more, then the Department shall obtain
 
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 1    an appraisal by a State certified real estate appraiser.  The
 2    appraisal shall represent the fair market rental value of the
 3    property.
 4        Any responsible officer, person, or employee of the State
 5    government who knowingly violates this Section is guilty of a
 6    Class B misdemeanor. A second or subsequent violation of this
 7    Section  by  that  officer,  person, or employee is a Class A
 8    misdemeanor.
 9    (Source: P.A. 91-239, eff. 1-1-00.)

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

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

22        (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
23        Sec. 7.1.  (a) Except as otherwise provided by  law,  all
24    surplus  real property held by the State of Illinois shall be
25    disposed of by the administrator as provided in this Section.
26    "Surplus real property," as used in this Section,  means  any
27    real  property  to  which the State holds fee simple title or
28    lesser interest, and is  vacant,  unoccupied  or  unused  and
29    which has no foreseeable use by the owning agency.
30        (b)  All responsible officers shall submit an Annual Real
31    Property  Utilization  Report to the Administrator, or annual
 
                            -3-      LRB093 14486 MKM 20247 b
 1    update  of  such   report,   on   forms   required   by   the
 2    Administrator,  by October 30 of each year. The Administrator
 3    may  require  such  documentation  as  he  deems   reasonably
 4    necessary  in  connection with this Report, and shall require
 5    that such Report include the following information:
 6        (1)  A legal description of all real  property  owned  by
 7    the State under the control of the responsible officer.
 8        (2)  A description of the use of the real property listed
 9    under (1).
10        (3)  A  list  of  any  improvements  made  to  such  real
11    property during the previous year.
12        (4)  The  dates  on  which  the  State first acquired its
13    interest in such real property, and the  purchase  price  and
14    source of the funds used to acquire the property.
15        (5)  Plans  for  the  future use of currently unused real
16    property.
17        (6)  A declaration of any surplus real  property.  On  or
18    before November 30 December 31 of each year the Administrator
19    shall  furnish  copies  of  each responsible officer's report
20    along with a list of surplus property indexed by  legislative
21    district to the General Assembly.
22        This report shall be filed with the Speaker, the Minority
23    Leader  and the Clerk of the House of Representatives and the
24    President, the Minority  Leader  and  the  Secretary  of  the
25    Senate  and  shall  be  duplicated  and made available to the
26    members of  the  General  Assembly  for  evaluation  by  such
27    members for possible liquidation of unused public property at
28    public  sale.    The  members  of  the General Assembly shall
29    review the list of surplus properties and submit any comments
30    to the Administrator by January 15 of the year following  the
31    reports    submission   to   the   General   Assembly.    The
32    Administrator must consider these comments when disposing  of
33    the property.
34        (c)  Following   receipt  of  the  Annual  Real  Property
 
                            -4-      LRB093 14486 MKM 20247 b
 1    Utilization  Report  required  under  paragraph  (b),     the
 2    Administrator  shall notify all State agencies by December 31
 3    of all declared surplus real property.  Any State agency  may
 4    submit a written request to the Administrator, within 60 days
 5    of  the date of such notification, to have control of surplus
 6    real property transferred to that agency.  Such request  must
 7    indicate  the reason for the transfer and the intended use to
 8    be made of such surplus real property.  The Administrator may
 9    not deny a request any or all such requests by a State agency
10    unless or agencies if the Administrator determines that it is
11    more advantageous to the State to dispose of the surplus real
12    property under paragraph (d).  In case requests for the  same
13    surplus  real  property are received from more than one State
14    agency  requests  the  same  property,  in  which  case   the
15    Administrator  shall  weigh  the  benefits  to  the State and
16    determine to which agency, if any, to transfer control of the
17    such property or determine how the property shall be divided.
18    The Administrator shall coordinate the use  and  disposal  of
19    State  surplus real property with any State space utilization
20    program.
21        (d)  Any Surplus real property which is  not  transferred
22    to  the  control  of another State agency under paragraph (c)
23    shall be disposed of by the Administrator.  No  appraisal  is
24    required  if  during  his  initial  survey  of  surplus  real
25    property  the  Administrator  determines  such property has a
26    fair market value of less than $15,000 $5,000.  If the  value
27    of  such  property  is determined by the Administrator in his
28    initial survey  to  be  $15,000  $5,000  or  more,  then  the
29    Administrator   shall   obtain  3  appraisals  of  such  real
30    property, one of which shall be  performed  by  an  appraiser
31    residing  in  the  county  in  which  the  said  surplus real
32    property is located. The average of these 3 appraisals,  plus
33    the  costs  of  obtaining the appraisals, shall represent the
34    fair market value of the surplus real property.   No  surplus
 
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 1    real  property  may be conveyed by the Administrator for less
 2    than the fair market value.  Prior to  offering  the  surplus
 3    real  property for sale to the public the Administrator shall
 4    give notice in writing of the existence and fair market value
 5    of the surplus real property to the governing bodies  of  the
 6    county  and of all cities, villages and incorporated towns in
 7    the county in which such real property is located.  Any  such
 8    governing body may exercise its option to acquire the surplus
 9    real property for the fair market value within 60 days of the
10    notice.    After   the   60   day   period  has  passed,  the
11    Administrator may sell the surplus real  property  by  public
12    auction  following  notice  of  such sale by publication on 3
13    separate days not less than 15 nor more than 30 days prior to
14    the sale in the State newspaper and  in  a  newspaper  having
15    general  circulation  in the county in which the surplus real
16    property is located.  The Administrator shall post "For Sale"
17    signs of a conspicuous nature on such surplus  real  property
18    offered  for sale to the public.  If no acceptable offers for
19    the surplus real property are received, the Administrator may
20    have new appraisals of such property made.  The Administrator
21    shall  have  all  power  necessary  to  convey  surplus  real
22    property under this Section.  All  moneys  received  for  the
23    sale  of  surplus  real  property  shall  be deposited in the
24    General Revenue Fund, except where moneys  expended  for  the
25    acquisition  of  such  real property were from a special fund
26    which is still a special fund in  the  State  treasury,  this
27    special  fund  shall  be  reimbursed  in  the  amount  of the
28    original expenditure and any amount in excess  thereof  shall
29    be deposited in the General Revenue Fund.
30        The  Administrator  shall  have  authority  to order such
31    surveys,  abstracts  of  title,  or  commitments  for   title
32    insurance  as  may,  in  his reasonable discretion, be deemed
33    necessary to demonstrate to prospective purchasers or bidders
34    good and marketable title in any property  offered  for  sale
 
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 1    pursuant  to  this  Section.   Unless  otherwise specifically
 2    authorized  by  the  General  Assembly,  all  conveyances  of
 3    property made by the Administrator shall  be  by  quit  claim
 4    deed.
 5        (e)  The  Administrator  shall submit an annual report by
 6    on or before February 1  to  the  Governor  and  the  General
 7    Assembly  containing  a  detailed  statement  of surplus real
 8    property either transferred or conveyed under this Section.
 9    (Source: P.A. 85-315.)

10        (30 ILCS 605/9) (from Ch. 127, par. 133b12)
11        Sec. 9.  Any responsible officer, person, or employee  of
12    the  State  government  who  knowingly  violates  any  of the
13    provisions, rules, regulations, directions and orders as  set
14    forth   in  this  Act  is  shall  be  guilty  of  a  Class  B
15    misdemeanor.  A  second  or  subsequent  violation  by   that
16    officer, person, or employee is a Class A misdemeanor.
17    (Source: P.A. 77-2598.)

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.