HB2693 96TH GENERAL ASSEMBLY

LRB096 07235 DRJ 17321 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2693

Introduced 2/24/2009, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.719 new
30 ILCS 605/7.1	from Ch. 127, par. 133b10.1
405 ILCS 30/4.6 new

Amends the State Finance Act, the State Property Control Act, and the Community Services Act. Provides that if a State-operated mental health or developmental disabilities facility is closed and the State owns the land on which the facility is located, then the State shall obtain an appraisal of the value of the land and improvements. Provides that if the land is sold, the net proceeds from the sale shall be deposited into the Developmental Disability and Mental Health Reinvestment Fund, which is created as a special fund in the State treasury. Provides that moneys in the fund shall be used solely to provide residential and community-based support services for persons with developmental disabilities or mental health needs. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

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

Section 5. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Developmental Disability and Mental Health Reinvestment Fund.

Section 10. The State Property Control Act is amended by changing Section 7.1 as follows:

(30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)

Sec. 7.1. (a) Except as otherwise provided by law, all surplus real property held by the State of Illinois shall be disposed of by the administrator as provided in this Section. "Surplus real property," as used in this Section, means any real property to which the State holds fee simple title or lesser interest, and is vacant, unoccupied or unused and which has no foreseeable use by the owning agency.

(b) All responsible officers shall submit an Annual Real Property Utilization Report to the Administrator, or annual update of such report, on forms required by the Administrator, by October 30 of each year. The Administrator may require such documentation as he deems reasonably necessary in connection with this Report, and shall require that such Report include the following information:

(1) A legal description of all real property owned by the State under the control of the responsible officer.

(2) A description of the use of the real property listed under (1).

(3) A list of any improvements made to such real property during the previous year.

(4) The dates on which the State first acquired its interest in such real property, and the purchase price and source of the funds used to acquire the property.

(5) Plans for the future use of currently unused real property.

(6) A declaration of any surplus real property. On or before December 31 of each year the Administrator shall furnish copies of each responsible officer's report along with a list of surplus property indexed by legislative district to the General Assembly.

This report shall be filed with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and shall be duplicated and made available to the members of the General Assembly for evaluation by such members for possible liquidation of unused public property at public sale.

(c) Following receipt of the Annual Real Property Utilization Report required under paragraph (b), the Administrator shall notify all State agencies by December 31 of all declared surplus real property. Any State agency may submit a written request to the Administrator, within 60 days of the date of such notification, to have control of surplus real property transferred to that agency. Such request must indicate the reason for the transfer and the intended use to be made of such surplus real property. The Administrator may deny any or all such requests by a State agency or agencies if the Administrator determines that it is more advantageous to the State to dispose of the surplus real property under paragraph (d). In case requests for the same surplus real property are received from more than one State agency, the Administrator shall weigh the benefits to the State and determine to which agency, if any, to transfer control of such property. The Administrator shall coordinate the use and disposal of State surplus real property with any State space utilization program.

(d) Any surplus real property which is not transferred to the control of another State agency under paragraph (c) shall be disposed of by the Administrator. No appraisal is required if during his initial survey of surplus real property the Administrator determines such property has a fair market value of less than $5,000. If the value of such property is determined by the Administrator in his initial survey to be $5,000 or more, then the Administrator shall obtain 3 appraisals of such real property, one of which shall be performed by an appraiser residing in the county in which said surplus 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 surplus real property. No surplus real property may be conveyed by the Administrator for less than the fair market value. Prior to offering the surplus real property for sale to the public the Administrator shall give notice in writing of the existence and fair market value of the surplus real property to the governing bodies of the county and of all cities, villages and incorporated towns in the county in which such real property is located. Any such governing body may exercise its option to acquire the surplus real property for the fair market value within 60 days of the notice. After the 60 day period has passed, the Administrator may sell the surplus real property by public auction following notice of such sale by publication on 3 separate days not less than 15 nor more than 30 days prior to the sale in the State newspaper and in a newspaper having general circulation in the county in which the surplus real property is located. The Administrator shall post "For Sale" signs of a conspicuous nature on such surplus real property offered for sale to the public. If no acceptable offers for the surplus real property are received, the Administrator may have new appraisals of such property made. The Administrator shall have all power necessary to convey surplus real property under this Section. All moneys received for the sale of surplus real property shall be deposited in the General Revenue Fund, except that:

(1) Where where moneys expended for the acquisition of such real property were from a special fund which is still a special fund in the State treasury, this special fund shall be reimbursed in the amount of the original expenditure and any amount in excess thereof shall be deposited in the General Revenue Fund.

(2) If a mental health facility operated by the Office of Mental Health within the Department of Human Services, or a facility operated by the Office of Developmental Disabilities within that Department, is closed and the State owns the land on which the facility is located, then the State shall obtain an appraisal of the value of the land and improvements. If the land on which the facility is located is sold by the State, the net proceeds of the sale shall be deposited into the Developmental Disability and Mental Health Reinvestment Fund.

The Administrator shall have authority to order such surveys, abstracts of title, or commitments for title insurance as may, in his reasonable discretion, be deemed necessary to demonstrate to prospective purchasers or bidders good and marketable title in any property offered for sale pursuant to this Section. Unless otherwise specifically authorized by the General Assembly, all conveyances of property made by the Administrator shall be by quit claim deed.

(e) The Administrator shall submit an annual report on or before February 1 to the Governor and the General Assembly containing a detailed statement of surplus real property either transferred or conveyed under this Section.

(Source: P.A. 85-315.)

Section 15. The Community Services Act is amended by adding Section 4.6 as follows:

(405 ILCS 30/4.6 new)

Sec. 4.6. Closure and sale of State mental health or developmental disabilities facility.

(a) The Developmental Disability and Mental Health Reinvestment Fund is created as a special fund in the State treasury.

(b) If a mental health facility operated by the Office of Mental Health within the Department of Human Services, or a facility operated by the Office of Developmental Disabilities within that Department, is closed and the land on which the facility is located is sold by the State, the net proceeds of the sale shall be deposited into the Developmental Disability and Mental Health Reinvestment Fund. In determining whether any net proceeds are realized from such a sale of land, sufficient moneys shall be made available to ensure that there is an appropriate level of staffing and that life, safety, and care concerns are addressed so as to provide for persons with developmental disabilities or mental illness at the remaining State-operated facilities that will be expected to handle the individuals previously served at the closed facility.

(c) Moneys in the Developmental Disability and Mental Health Reinvestment Fund shall be used solely to provide residential and community-based support services for persons with developmental disabilities or mental health needs.

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