Illinois General Assembly - Full Text of SB0886
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Full Text of SB0886  100th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5adding Section 1-35 as follows:
6    (30 ILCS 500/1-35 new)
7    Sec. 1-35. Application to James R. Thompson Center. In
8accordance with Section 7.4 of the State Property Control Act,
9this Code does not apply to any procurements related to the
10sale of the James R. Thompson Center, provided that the process
11shall be conducted in a manner substantially in accordance with
12the requirements of the following Sections of the Illinois
13Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13,
1450-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The
15exemption contained in this Section does not apply to any
16leases involving the James R. Thompson Center, including a
17leaseback authorized under Section 7.4 of the State Property
18Control Act.
19    Section 10. The State Property Control Act is amended by
20changing Section 7.4 and by adding Section 7.7 as follows:
21    (30 ILCS 605/7.4)



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1    Sec. 7.4. James R. Thompson Center; Elgin Mental Health
3    (a) Notwithstanding any other provision of this Act or any
4other law to the contrary, the administrator is authorized
5under this Section to dispose of or mortgage (i) the James R.
6Thompson Center located in Chicago, Illinois. and (ii) the
7Elgin Mental Health Center and surrounding land located at 750
8S. State Street, Elgin, Illinois in any of the following ways:
9(1) The administrator may sell the property as provided in
10subsection (b). (2) The administrator may sell the property as
11provided in subsection (b), and, either as a condition of the
12sale or the administrator may immediately thereafter enter into
13a leaseback or other agreement that directly or indirectly
14gives the State a right to use, control, and possess the
15property. Notwithstanding any other provision of law, a lease
16entered into by the administrator under this subdivision (a)(2)
17may last for any period not exceeding 99 years. (3) The
18administrator may enter into a mortgage agreement, using the
19property as collateral, to receive a loan or a line of credit
20based on the equity available in the property. Any loan
21obtained or line of credit established under this subdivision
22(a)(3) must require repayment in full in 20 years or less.
23    (b) The administrator shall dispose of the property using a
24competitive sealed proposal process that includes, at a
25minimum, the following:
26        (1) Engagement Prior to Request for Proposal. The



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1    administrator may, prior to soliciting requests for
2    proposals, enter into discussions with interested
3    purchasers in order to assess existing market conditions,
4    demands and likely development scenarios provided that no
5    such interested purchasers shall have any role in drafting
6    any request for proposals nor shall any request for
7    proposal be provided to any interested purchaser prior to
8    its general public distribution. The administrator may
9    issue a request for qualifications that requests
10    interested purchasers to provide such information as the
11    administrator reasonably deems necessary in order to
12    evaluate the qualifications of such interested purchasers
13    including the ability of interested purchasers to acquire
14    and develop the property, all as reasonably determined by
15    the administrator.
16        (2) Request for proposals. Proposals to acquire and
17    develop the property shall be solicited through a request
18    for proposals. Such request for proposals shall include
19    such requirements and factors as the administrator shall
20    determine are necessary or advisable with respect to the
21    disposition of the James R. Thompson Center, including
22    soliciting proposals designating a portion of the property
23    after the development or redevelopment thereof in honor of
24    Governor James R. Thompson.
25        (3) Public notice. Public notice of any request for
26    qualification or request for proposals shall be published



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1    in the Illinois Procurement Bulletin at least 14 calendar
2    days before the date by which such requests are due. The
3    administrator may advertise the request in any other manner
4    or publication which it reasonably determines may increase
5    the scope and nature of responses to the request. In the
6    event the administrator shall have already identified
7    qualified purchasers pursuant to a request for
8    qualification process as set forth above, notice of the
9    request for proposals may be delivered only to such
10    qualified purchasers.
11        (4) Opening of proposals. Proposals shall be opened
12    publicly on the date, time and location designated in the
13    Illinois Procurement Bulletin, but proposals shall be
14    opened in a manner to avoid disclosure of contents to
15    competing purchasers during the process of negotiation. A
16    record of proposals shall be prepared and shall be open for
17    public inspection after contract award, but prior to
18    contract execution.
19        (5) Evaluation factors. Proposals shall be submitted
20    in 2 parts: (i) items except price, and (ii) covering
21    price. The first part of all proposals shall be evaluated
22    and ranked independently of the second part of all
23    proposals.
24        (6) Discussion with interested purchasers and
25    revisions of offers or proposals. After the opening of the
26    proposals, and under such guidelines as the administrator



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1    may elect to establish in the request for proposals, the
2    administrator and his or her designees may engage in
3    discussions with interested purchasers who submitted
4    offers or proposals that the administrator determines are
5    reasonably susceptible of being selected for award for the
6    purpose of clarifying and assuring full understanding of
7    and responsiveness to the solicitation requirements. Those
8    purchasers shall be accorded fair and equal treatment with
9    respect to any opportunity for discussion and revision of
10    proposals. Revisions may be permitted after submission and
11    before award for the purpose of obtaining best and final
12    offers. In conducting discussions there shall be no
13    disclosure of any information derived from proposals
14    submitted by competing purchasers. If information is
15    disclosed to any purchaser, it shall be provided to all
16    competing purchasers.
17        (7) Award. Awards shall be made to the interested
18    purchaser whose proposal is determined in writing to be the
19    most advantageous to the State, taking into consideration
20    price and the evaluation factors set forth in the request
21    for proposals. The contract file shall contain the basis on
22    which the award is made. The administrator shall obtain 3
23    appraisals of the real property transferred under
24    subdivision (a)(1) or (a)(2) of this Section, one of which
25    shall be performed by an appraiser residing in the county
26    in which the real property is located. The average of these



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1    3 appraisals, plus the costs of obtaining the appraisals,
2    shall represent the fair market value of the real property.
3    No property may be conveyed under subdivision (a)(1) or
4    (a)(2) of this Section by the administrator for less than
5    the fair market value. The administrator may sell the real
6    property by public auction following notice of the sale by
7    publication on 3 separate days not less than 15 nor more
8    than 30 days prior to the sale in a daily newspaper having
9    general circulation in the county in which the real
10    property is located. If no acceptable offers for the real
11    property are received, the administrator may have new
12    appraisals of the property made. The administrator shall
13    have all power necessary to convey real property under
14    subdivision (a)(1) or (a)(2) of this Section.
15    (b-5) Any contract to dispose of the property is subject to
16the following conditions:
17        (1) A commitment from the purchaser to make any
18    applicable payments to the City of Chicago with respect to
19    additional zoning density;
20        (2) A commitment from the purchaser to enter into an
21    agreement with the City of Chicago and the Chicago Transit
22    Authority regarding the existing operation of the Chicago
23    Transit Authority facility currently located on the
24    property, substantially similar to the existing agreement
25    between the City of Chicago, the Chicago Transit Authority,
26    and the State of Illinois, and such agreement must be



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1    executed prior to assuming title to the property; and
2        (3) A commitment from the purchaser to designate a
3    portion of the property after the development or
4    redevelopment thereof in honor of Governor James R.
5    Thompson.
6    (b-10) The administrator shall have authority to order such
7surveys, abstracts of title, or commitments for title
8insurance, environmental reports, property condition reports,
9or any other materials as the administrator may, in his or her
10reasonable discretion, be deemed necessary to demonstrate to
11prospective purchasers or , bidders, or mortgagees good and
12marketable title in and the existing conditions or
13characteristics of the any property offered for sale or
14mortgage under this Section. All Unless otherwise specifically
15authorized by the General Assembly, all conveyances of property
16made by the administrator under subdivision (a)(1) or (a)(2) of
17this Section shall be by quit claim deed.
18    (c) All moneys received from the sale or mortgage of real
19property under this Section shall be deposited into the General
20Revenue Fund, provided that any obligations of the State to the
21purchaser acquiring the property, a contractor involved in the
22sale of the property, or a unit of local government may be
23remitted from the proceeds during the closing process and need
24not be deposited in the State treasury prior to closing.
25    (d) The administrator is authorized to enter into any
26agreements and execute any documents necessary to exercise the



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1authority granted by this Section.
2    (e) Any agreement to dispose of or mortgage (i) the James
3R. Thompson Center located in Chicago, Illinois or (ii) the
4Elgin Mental Health Center and surrounding land located at 750
5S. State Street, Elgin, Illinois pursuant to the authority
6granted by this Section must be entered into no later than 2
7years one year after the effective date of this amendatory Act
8of the 100th 93rd General Assembly.
9    (f) The provisions of this Section are subject to the
10Freedom of Information Act, and nothing shall be construed to
11waive the ability of a public body to assert any applicable
13(Source: P.A. 93-19, eff. 6-20-03.)
14    (30 ILCS 605/7.7 new)
15    Sec. 7.7. Michael A. Bilandic Building.
16    (a) On or prior to the disposition of the James R. Thompson
17Center the existing executive offices of the Governor,
18Lieutenant Governor, Secretary of State, Comptroller, and
19Treasurer shall be relocated in the Michael A. Bilandic
20Building located at 160 North LaSalle Street, Chicago,
21Illinois. An officer shall occupy the designated space on the
22same terms and conditions applicable on the effective date of
23this amendatory Act of the 100th General Assembly. An executive
24officer may choose to locate in alternative offices within the
25City of Chicago.



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1    (b) The four caucuses of the General Assembly shall be
2given space within the Michael A. Bilandic Building. Any caucus
3located in the building on or prior to the effective date of
4this amendatory Act of the 100th General Assembly shall
5continue to occupy their designated space on the same terms and
6conditions applicable on the effective date of this amendatory
7Act of the 100th General Assembly.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.