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Public Act 102-0280
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| SB0060 Enrolled | LRB102 02809 RJF 12817 b |
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AN ACT concerning State government.
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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 |
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 |
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
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lesser interest, and is vacant and determined by the head of |
the owning agency to no longer be required for the State |
agency's needs and responsibilities and has no foreseeable use |
by the owning agency. Title to the surplus real property may |
remain with the owning agency throughout the disposition |
process if approved by the Administrator; however, the |
Administrator and the Department of Central Management |
Services shall have sole responsibility and authority for |
disposing of the property as set out in this Section vacant, |
unoccupied or unused and which has no
foreseeable use by the |
owning agency.
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(b) All responsible officers shall submit an Annual Real |
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Property
Utilization Report to the Administrator, or annual |
update of such
report, on forms required by the Administrator, |
by July 31 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:
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(1) A legal description of all real property owned by the |
State
under the control of the responsible officer.
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(2) A description of the use of the real property listed |
under (1).
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(3) A list of any improvements made to such real property |
during the
previous year.
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(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.
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(5) Plans for the future use of currently unused real |
property.
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(6) A declaration of any surplus real property.
On or |
before October 31 of each year the Administrator shall furnish
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copies of each responsible officer's report along with a list |
of surplus
property indexed by legislative district to the |
General Assembly.
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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 |
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the General Assembly for evaluation by such
members for |
possible liquidation of unused public property at public sale.
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(c) Following receipt of the Annual Real Property |
Utilization Report
required under paragraph (b), the |
Administrator shall notify all State
agencies by October 31 of |
all declared surplus real
property. Any State
agency may |
submit a written request to the Administrator, within 60 days
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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
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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.
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(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 |
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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 2 3 |
appraisals
of such real property, which shall include known |
liabilities, including, but not limited to, environmental |
costs one of which shall be performed by an appraiser
residing |
in the county in which said surplus real property is located.
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The average of these 2 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, unless the |
Administrator makes a written determination that it is in the |
best interests of the State to establish a different value. |
That written determination shall be published in the Illinois |
Procurement Bulletin. Such written determination, along with |
an affidavit setting forth the conditions and circumstances |
that make the use of a different value in the best interests of |
the State, shall also be filed with the Executive Ethics |
Commission. The Executive Ethics Commission shall have 30 days |
to review the written determination. The Executive Ethics |
Commission may order an additional 30 days to review the |
written determination. The Administrator shall provide the |
Executive Ethics Commission with any information requested by |
the Executive Ethics Commission related to the Administrator's |
determination of the value of the surplus real property. If |
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the Executive Ethics Commission objects in writing to the |
value determined by the Administrator, then the Administrator |
shall not convey the surplus real property for less than |
either the fair market value as determined by the average of |
appraisals or an amount agreed upon by the Executive Ethics |
Commission and the Administrator. Circumstances in which it is |
in the best interests of the State to establish a different |
value may include, but are not limited to, the following: (i) |
an auction did not yield any bids at the established fair |
market value; (ii) a unit of local government is interested in |
acquiring the surplus real property; or (iii) the costs to the |
State of maintaining such surplus real property are |
sufficiently high that it would be reasonable to a prudent |
person to sell such surplus real property for less than the |
fair market value established by the average of the |
appraisals. In no event shall the Administrator sell surplus |
real property for less than 75% of fair market value and before |
such property has been offered to an interested unit of local |
government or made available at public auction. |
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
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property to each State agency and 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 |
State agency or governing body may notify the Administrator of |
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its interest in acquiring exercise its option to
acquire the |
surplus real property for the fair market value within a |
notice period set by the Administrator of at least 30 days. If |
any State agency notifies the Administrator of its interest in |
acquiring the surplus property, the Administrator may deny any |
such requests by such agency if the Administrator determines |
that it is more advantageous to the State to dispose of the |
surplus real property to a governing body or the public. If a |
governing body notifies the Administrator of its interest in |
acquiring the property, then the Administrator shall wait a |
minimum of 30 additional days during which the Administrator |
may engage in negotiations with such governing body for the |
sale of the surplus real property 60
days of the notice. After |
the notice period set by the Administrator of at least 30 days |
the 60 day period has passed, the
Administrator may sell the |
surplus real property by public auction, which may include an |
electronic auction or the use of sealed bids, 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
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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
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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 moneys expended for the acquisition of such
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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
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deposited in the General Revenue Fund. |
(2) Whenever a State mental health facility operated |
by the Department of Human Services is closed and the real |
estate on which the facility is located is sold by the |
State, the net proceeds of the sale of the real estate |
shall be deposited into the Community Mental Health |
Medicaid Trust Fund. |
(3) Whenever a State developmental disabilities |
facility operated by the Department of Human Services is |
closed and the real estate on which the facility is |
located is sold by the State, the net proceeds of the sale |
of the real estate shall be deposited into the Community |
Developmental Disability Services Medicaid Trust Fund.
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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 |
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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.
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(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.
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(Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; |
96-1000, eff. 7-2-10.)
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Section 10. The School Code is amended by changing Section |
18-4.4 as follows:
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(105 ILCS 5/18-4.4) (from Ch. 122, par. 18-4.4)
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Sec. 18-4.4. Tax Equivalent Grants. When any State |
institution is
located in a school district in which the State |
owns 45% or more of the
total land area of the district, the |
State Superintendent of Education
shall annually direct the |
State Comptroller to pay the amount of the
tax-equivalent |
grants provided in this Section, and the State Comptroller |
shall
draw his warrant upon the State Treasurer for the |
payment of the grants. For
fiscal year 1995 and each fiscal |
year thereafter,
the grant shall equal
0.5% of the equalized |
assessed
valuation of the land owned by the State (computing |
that equalized assessed
valuation by multiplying the average |
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value per taxable acre of the school
district by the total |
number of acres of land owned by the State). Annually on
or |
before September 15, 1994 and July 1, thereafter, the district
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superintendent shall certify to the State Board of Education |
the following
matters:
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1. The name of the State institution.
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2. The total land area of the district in acres.
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3. The total ownership of the land of the State in |
acres.
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4. The total equalized assessed value of all the land |
in the district.
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5. The rate of school tax payable in the year.
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6. The computed amount of the tax-equivalent grant |
claimed.
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Failure of any district superintendent to certify the
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claim for the tax-equivalent grant on or before September 15, |
1994 or July 1 of
a subsequent year shall constitute a |
forfeiture by the district of its right to
such grant for the |
school year.
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Notwithstanding any provision of law to the contrary or |
the disposition of State property which would affect the |
allocation of grants under this Section, a tax-equivalent |
grant may be awarded to a school district in which the State |
owns 40% or more of the
total land area of the district if, as |
of the effective date of this amendatory Act of the 102nd |
General Assembly, the school district would otherwise qualify |