SB0381sam001 103RD GENERAL ASSEMBLY

Sen. Rachel Ventura

Filed: 3/28/2023

10300SB0381sam001 LRB103 02789 DTM 60095 a

AMENDMENT TO SENATE BILL 381

AMENDMENT NO. ______. Amend Senate Bill 381 by replacing everything after the enacting clause with the following:

"Section 3. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Sustainable Ownership and Surplus Property Environmental Cleanup Fund.

Section 5. The State Property Control Act is amended by adding Section 7.9 as follows:

(30 ILCS 605/7.9 new)

Sec. 7.9. Long-vacant surplus real property.

(a) The Administrator shall assess surplus real property, as defined under Section 7.1, and determine whether such property is unsellable in its current assessed condition. The Administrator shall consider the following factors in making an assessment under this Section:

(1) the length of time the property has been designated as surplus real property, with properties held as such for more than 5 years being considered unsellable for purposes of this Section, absent extenuating circumstances;

(2) the annual State maintenance and security costs in relation to the property's estimated fair market value; and

(3) any excessive liabilities or other prominent concerns.

(b) The Administrator shall prepare a report based upon the assessment that includes all surplus real properties that the Administrator assessed as unsellable. The report shall further include:

(1) the number of years each property has been vacant;

(2) the assessed fair market value of each property, as determined by an appraisal;

(3) the annual maintenance costs the State incurs for each property;

(4) the estimated demolition and remediation costs of each property;

(5) a statement describing any attempts made by the Administrator to sell each property, including the issues faced in attempting to sell each property; and

(6) a recommendation of the type of action the State should take to address the issues on each property, including an estimated cost of such work and a timeline to complete such work.

(c) By February 1, 2024, and by February of every even-numbered year thereafter, the Administrator shall submit the report prepared under this Section to the Governor and the General Assembly. Subject to approval by a joint resolution of the Senate and the House of Representatives, the Administrator is authorized to pursue the recommended course of action for each property specified in the report. The Administrator may use, subject to appropriation, funds held in the Sustainable Ownership and Surplus Property Environmental Cleanup Fund for demolition and environmental remediation costs at the proposed surplus properties and for any other action related to the disposal of properties specified in the report.

(d) The Sustainable Ownership and Surplus Property Environmental Cleanup Fund is created as a special fund in the State treasury. Subject to appropriation, moneys in the Fund shall be used by the Administrator for demolishing structures, conducting environmental remediation work, and other related actions at surplus real properties as authorized under this Section.

As used in this subsection (d), "structure" means any building, improvement, pipe system, or other engineered system or edifice built or constructed on the surplus real property.

(e) The Administrator may adopt rules necessary to implement and perform the requirements of this Section.

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