Full Text of SB2326 95th General Assembly
SB2326eng 95TH GENERAL ASSEMBLY
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SB2326 Engrossed |
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LRB095 18841 RCE 44968 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Property Control Act is amended by | 5 |
| changing Section 7.1 as follows:
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| (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
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| Sec. 7.1. (a) Except as otherwise provided by law, all | 8 |
| surplus real
property held by the State of Illinois shall be | 9 |
| disposed of by the
administrator as provided in this Section. | 10 |
| "Surplus real property," as
used in this Section, means any | 11 |
| real property to which the State holds fee
simple title or
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| lesser interest, and is vacant, unoccupied or unused and which | 13 |
| has no
foreseeable use by the owning agency.
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| (b) All responsible officers shall submit an Annual Real | 15 |
| Property
Utilization Report to the Administrator, or annual | 16 |
| update of such
report, on forms required by the Administrator, | 17 |
| by July 31 October 30 of each year.
The Administrator may | 18 |
| require such documentation as he deems reasonably
necessary in | 19 |
| connection with this Report, and shall require that such
Report | 20 |
| include the following information:
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| (1) A legal description of all real property owned by the | 22 |
| State
under the control of the responsible officer.
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| (2) A description of the use of the real property listed |
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| under (1).
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| (3) A list of any improvements made to such real property | 3 |
| during the
previous year.
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| (4) The dates on which the State first acquired its | 5 |
| interest in such
real property, and the purchase price and | 6 |
| source of the funds used to
acquire the property.
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| (5) Plans for the future use of currently unused real | 8 |
| property.
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| (6) A declaration of any surplus real property.
On or | 10 |
| before December 31 of each year the Administrator shall furnish
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| copies of each responsible officer's report along with a list | 12 |
| of surplus
property indexed by legislative district to the | 13 |
| General Assembly.
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| This report shall be filed with the Speaker, the Minority | 15 |
| Leader and the
Clerk of the House of Representatives and the | 16 |
| President, the Minority
Leader and the Secretary of the Senate | 17 |
| and shall be duplicated and made
available to the members of | 18 |
| the General Assembly for evaluation by such
members for | 19 |
| possible liquidation of unused public property at public sale.
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| (c) Following receipt of the Annual Real Property | 21 |
| Utilization Report
required under paragraph (b), the | 22 |
| Administrator shall notify all State
agencies by October | 23 |
| December 31 of all declared surplus real
property. Any State
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| agency may submit a written request to the Administrator, | 25 |
| within 60 days
of the date of such notification, to have | 26 |
| control of surplus real
property transferred to that agency. |
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| Such request must indicate the
reason for the transfer and the | 2 |
| intended use to be made of such surplus
real property. The | 3 |
| Administrator may deny any or all such requests by a
State | 4 |
| agency or agencies if the Administrator determines that it is | 5 |
| more
advantageous to the State to dispose of the surplus real | 6 |
| property under
paragraph (d). In case requests for the same | 7 |
| surplus real property are
received from more than one State | 8 |
| agency, the Administrator shall weigh
the benefits to the State | 9 |
| and determine to which agency, if any, to
transfer control of | 10 |
| such property. The Administrator shall coordinate
the use and | 11 |
| disposal of State surplus real property with any State space
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| utilization program.
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| (d) Any surplus real property which is not transferred to | 14 |
| the
control of another State agency under paragraph (c) shall | 15 |
| be disposed of
by the Administrator. No appraisal is required | 16 |
| if during his initial
survey of surplus real property the | 17 |
| Administrator determines such
property has a fair market value | 18 |
| of less than $5,000. If the value of
such property is | 19 |
| determined by the Administrator in his initial survey
to be | 20 |
| $5,000 or more, then the Administrator shall obtain 3 | 21 |
| appraisals
of such real property, one of which shall be | 22 |
| performed by an appraiser
residing in the county in which said | 23 |
| surplus real property is located.
The average of these 3 | 24 |
| appraisals, plus the costs of obtaining the
appraisals, shall | 25 |
| represent the fair market value of the surplus real
property. | 26 |
| No surplus real property may be conveyed by the Administrator
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| for less than the fair market value. Prior to offering the | 2 |
| surplus real
property for sale to the public the Administrator | 3 |
| shall give notice in
writing of the existence and fair market | 4 |
| value of the surplus real
property to the governing bodies of | 5 |
| the county and of all cities,
villages and incorporated towns | 6 |
| in the county in which such real
property is located. Any such | 7 |
| governing body may exercise its option to
acquire the surplus | 8 |
| real property for the fair market value within 60
days of the | 9 |
| notice. After the 60 day period has passed, the
Administrator | 10 |
| may sell the surplus real property by public auction
following | 11 |
| notice of such sale by publication on 3 separate days not less
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| than 15 nor more than 30 days prior to the sale in the State | 13 |
| newspaper
and in a newspaper having general circulation in the | 14 |
| county in which the
surplus real property is located. The | 15 |
| Administrator shall post "For
Sale" signs of a conspicuous | 16 |
| nature on such surplus real property
offered for sale to the | 17 |
| public. If no acceptable offers for the surplus
real property | 18 |
| are received, the Administrator may have new appraisals of
such | 19 |
| property made. The Administrator shall have all power necessary | 20 |
| to
convey surplus real property under this Section. All moneys | 21 |
| received
for the sale of surplus real property shall be | 22 |
| deposited in the General
Revenue Fund, except where moneys | 23 |
| expended for the acquisition of such
real property were from a | 24 |
| special fund which is still a special fund in
the State | 25 |
| treasury, this special fund shall be reimbursed in the amount
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| of the original expenditure and any amount in excess thereof |
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| shall be
deposited in the General Revenue Fund.
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| The Administrator shall have authority to order such | 3 |
| surveys, abstracts
of title, or commitments for title insurance | 4 |
| as may, in his reasonable
discretion, be deemed necessary to | 5 |
| demonstrate to prospective purchasers or
bidders good and | 6 |
| marketable title in any property offered for sale pursuant
to | 7 |
| this Section. Unless otherwise specifically authorized by the | 8 |
| General
Assembly, all conveyances of property made by the | 9 |
| Administrator shall be by
quit claim deed.
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| (e) The Administrator shall submit an annual report on or | 11 |
| before
February 1 to the Governor and the General Assembly | 12 |
| containing a
detailed statement of surplus real property either | 13 |
| transferred or
conveyed under this Section.
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| (Source: P.A. 85-315.)
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