Full Text of SB2580 93rd General Assembly
SB2580 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2580
Introduced 2/4/2004, by George P. Shadid, Vince Demuzio SYNOPSIS AS INTRODUCED: |
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20 ILCS 405/405-305 |
was 20 ILCS 405/67.06 |
30 ILCS 605/1.01 |
from Ch. 127, par. 133b2 |
30 ILCS 605/7.1 |
from Ch. 127, par. 133b10.1 |
30 ILCS 605/9 |
from Ch. 127, par. 133b12 |
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Amends the Department of Central Management Services Law of the Civil
Administrative Code of Illinois. Requires that unused State property leased by
the Department of Central Management Services may not be leased at less than
60% of the fair market rental value rate unless specified conditions are met.
Provides procedures for determining the fair market rental value. Provides that
the Director of Central Management Services may lease property for nominal
consideration only under certain circumstances. Makes a first violation a Class
B
misdemeanor. Makes a second or subsequent violation a Class A misdemeanor.
Amends the State Property Control Act. Redefines the term "responsible officer"
to exclude college presidents. When disposing of surplus real property,
prohibits
the Administrator from selling the property if any State agency requests its
transfer. Makes changes in the procedures the Administrator must follow prior
to disposal or division of the property. Provides that an appraisal is not
required
if the property is not being transferred to another State agency and the fair
market value of the property is less that $15,000 (rather than $5,000). Makes a
second or subsequent violation of the Act a Class A misdemeanor. Makes other
changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB2580 |
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LRB093 20848 MKM 46780 b |
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| AN ACT in relation to property.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Department of Central Management Services | 5 |
| Law of the
Civil Administrative Code of Illinois is amended by | 6 |
| changing Section 405-305 as
follows:
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| (20 ILCS 405/405-305) (was 20 ILCS 405/67.06)
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| Sec. 405-305. Lease of unused or unproductive State land. | 9 |
| To
lease , at the fair market rental value rate, the unused or | 10 |
| unproductive
land
under the jurisdiction of any of the several | 11 |
| departments on terms and
conditions that in the judgement of | 12 |
| the Director are in the best interests
of
the State. The | 13 |
| Department may lease property at a rate less than 60% of
the | 14 |
| fair
market rental value rate only if (i) the Director | 15 |
| certifies in writing the
reasons for leasing the property at | 16 |
| that rate and (ii) the rate constitutes
fair and adequate | 17 |
| compensation. The Director may not lease property for nominal
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| consideration, except with the approval of the
General Assembly | 19 |
| by joint resolution. In the event of an emergency when the
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| General Assembly is not in session, the
Director may lease | 21 |
| property for nominal consideration and shall seek the
approval | 22 |
| of the General Assembly by joint resolution upon the next | 23 |
| meeting of
the General Assembly. For the purposes of this | 24 |
| Section,
"nominal consideration" means less than 10% of the | 25 |
| fair market rental value.
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| 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 is | 30 |
| determined by the Department
in its initial survey
to be $10 | 31 |
| per square foot or more, then the Department shall obtain an
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| appraisal by a State certified real estate appraiser.
The |
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| appraisal
shall represent the fair market rental value of the
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| property.
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| Any responsible officer, person, or employee of the State | 4 |
| government who
knowingly violates this Section is guilty of a | 5 |
| Class B misdemeanor. A second or
subsequent violation of this | 6 |
| Section by that officer, person, or employee is a
Class A | 7 |
| misdemeanor.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 10. The State Property Control Act is amended by | 10 |
| changing Sections
1.01, 7.1, and 9 as follows:
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| (30 ILCS 605/1.01) (from Ch. 127, par. 133b2)
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| Sec. 1.01. "Responsible officer" means and includes all | 13 |
| elective State
officers; directors of the executive code | 14 |
| departments; presidents of State
universities and
colleges ; | 15 |
| chairmen of executive boards, bureaus, and commissions; and all
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| other officers in charge of the property of the State of | 17 |
| Illinois,
including subordinates of responsible officers | 18 |
| deputized by them to carry
out some or all of their duties | 19 |
| under this Act.
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| (Source: P.A. 82-1047.)
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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 | 23 |
| surplus real
property held by the State of Illinois shall be | 24 |
| disposed of by the
administrator as provided in this Section. | 25 |
| "Surplus real property," as
used in this Section, means any | 26 |
| 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 | 28 |
| has no
foreseeable use by the owning agency.
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| (b) All responsible officers shall submit an Annual Real | 30 |
| Property
Utilization Report to the Administrator, or annual | 31 |
| update of such
report, on forms required by the Administrator, | 32 |
| by October 30 of each year.
The Administrator may require such | 33 |
| documentation as he deems reasonably
necessary in connection |
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| with this Report, and shall require that such
Report include | 2 |
| the following information:
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| (1) A legal description of all real property owned by the | 4 |
| State
under the control of the responsible officer.
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| (2) A description of the use of the real property listed | 6 |
| under (1).
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| (3) A list of any improvements made to such real property | 8 |
| during the
previous year.
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| (4) The dates on which the State first acquired its | 10 |
| interest in such
real property, and the purchase price and | 11 |
| source of the funds used to
acquire the property.
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| (5) Plans for the future use of currently unused real | 13 |
| property.
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| (6) A declaration of any surplus real property.
On or | 15 |
| before November 30
December 31 of each year the Administrator
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| shall furnish
copies of each responsible officer's report along | 17 |
| with a list of surplus
property indexed by legislative district | 18 |
| to the General Assembly.
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| This report shall be filed with the Speaker, the Minority | 20 |
| Leader and the
Clerk of the House of Representatives and the | 21 |
| President, the Minority
Leader and the Secretary of the Senate | 22 |
| and shall be duplicated and made
available to the members of | 23 |
| the General Assembly for evaluation by such
members for | 24 |
| possible liquidation of unused public property at public sale.
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| The members of the General Assembly shall review the list of | 26 |
| surplus
properties and submit any comments to the Administrator | 27 |
| by January 15 of the
year following the reports submission to | 28 |
| the General Assembly. The
Administrator must consider these | 29 |
| comments when disposing of the property.
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| (c) Following receipt of the Annual Real Property | 31 |
| Utilization Report
required under paragraph (b), the | 32 |
| Administrator shall notify all State
agencies by December 31 of | 33 |
| all declared surplus real
property. Any State
agency may submit | 34 |
| a written request to the Administrator, within 60 days
of the | 35 |
| date of such notification, to have control of surplus real
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| property transferred to that agency. Such request must indicate |
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| the
reason for the transfer and the intended use to be made of | 2 |
| such surplus
real property. The Administrator may not deny a | 3 |
| request
any or all
such requests by a
State agency unless
or | 4 |
| agencies if the Administrator determines that it
is more
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| 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 requests the same property , in
which case the | 9 |
| Administrator shall weigh the benefits to the State and
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| determine to which agency , if any, to
transfer control of the
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| such property or determine how the property
shall be divided . | 12 |
| The Administrator shall coordinate
the use and disposal of | 13 |
| State surplus real property with any State space
utilization | 14 |
| program.
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| (d) Any Surplus real property which is not transferred to | 16 |
| the
control of another State agency under paragraph (c) shall | 17 |
| be disposed of
by the Administrator. No appraisal is required | 18 |
| if during his initial
survey of surplus real property the | 19 |
| Administrator determines such
property has a fair market value | 20 |
| of less than $15,000
$5,000 . If the
value of such property is | 21 |
| determined by the Administrator in his initial survey
to be | 22 |
| $15,000
$5,000 or more, then the Administrator shall obtain 3
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| appraisals of such real property, one of which shall be | 24 |
| performed by an
appraiser residing in the county in which the
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| said surplus real
property is located.
The average of these 3 | 26 |
| appraisals, plus the costs of obtaining the
appraisals, shall | 27 |
| represent the fair market value of the surplus real
property. | 28 |
| 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 | 30 |
| surplus real
property for sale to the public the Administrator | 31 |
| shall give notice in
writing of the existence and fair market | 32 |
| value of the surplus real
property to the governing bodies of | 33 |
| the county and of all cities,
villages and incorporated towns | 34 |
| in the county in which such real
property is located. Any such | 35 |
| governing body may exercise its option to
acquire the surplus | 36 |
| real property for the fair market value within 60
days of the |
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| notice. After the 60 day period has passed, the
Administrator | 2 |
| may sell the surplus real property by public auction
following | 3 |
| 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 | 5 |
| newspaper
and in a newspaper having general circulation in the | 6 |
| county in which the
surplus real property is located. The | 7 |
| Administrator shall post "For
Sale" signs of a conspicuous | 8 |
| nature on such surplus real property
offered for sale to the | 9 |
| public. If no acceptable offers for the surplus
real property | 10 |
| are received, the Administrator may have new appraisals of
such | 11 |
| property made. The Administrator shall have all power necessary | 12 |
| to
convey surplus real property under this Section. All moneys | 13 |
| received
for the sale of surplus real property shall be | 14 |
| deposited in the General
Revenue Fund, except where moneys | 15 |
| expended for the acquisition of such
real property were from a | 16 |
| special fund which is still a special fund in
the State | 17 |
| treasury, this special fund shall be reimbursed in the amount
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| of the original expenditure and any amount in excess thereof | 19 |
| shall be
deposited in the General Revenue Fund.
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| The Administrator shall have authority to order such | 21 |
| surveys, abstracts
of title, or commitments for title insurance | 22 |
| as may, in his reasonable
discretion, be deemed necessary to | 23 |
| demonstrate to prospective purchasers or
bidders good and | 24 |
| marketable title in any property offered for sale pursuant
to | 25 |
| this Section. Unless otherwise specifically authorized by the | 26 |
| General
Assembly, all conveyances of property made by the | 27 |
| Administrator shall be by
quit claim deed.
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| (e) The Administrator shall submit an annual report by
on | 29 |
| or before
February 1 to the Governor and the General Assembly | 30 |
| containing a
detailed statement of surplus real property either | 31 |
| transferred or
conveyed under this Section.
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| (Source: P.A. 85-315.)
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| (30 ILCS 605/9) (from Ch. 127, par. 133b12)
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| Sec. 9. Any responsible officer, person , or employee of the | 35 |
| State
government who knowingly violates any of the provisions, |
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SB2580 |
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LRB093 20848 MKM 46780 b |
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| rules,
regulations, directions and orders
as set forth in this | 2 |
| Act is
shall be guilty of a Class B misdemeanor.
A second
or | 3 |
| subsequent violation by that officer, person, or employee is a | 4 |
| Class A
misdemeanor.
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| (Source: P.A. 77-2598.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law. |
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