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Public Act 102-0280 Public Act 0280 102ND GENERAL ASSEMBLY |
Public Act 102-0280 | SB0060 Enrolled | LRB102 02809 RJF 12817 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The State Property Control Act is amended by | changing Section 7.1 as follows:
| (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
| 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
| 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 .
| (b) All responsible officers shall submit an Annual Real |
| 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:
| (1) A legal description of all real property owned by the | State
under the control of the responsible officer.
| (2) A description of the use of the real property listed | under (1).
| (3) A list of any improvements made to such real property | during the
previous year.
| (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.
| (5) Plans for the future use of currently unused real | property.
| (6) A declaration of any surplus real property.
On or | before October 31 of each year the Administrator shall furnish
| copies of each responsible officer's report along with a list | of surplus
property indexed by legislative district to the | General Assembly.
| 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 |
| the General Assembly for evaluation by such
members for | possible liquidation of unused public property at public sale.
| (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
| 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
| 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.
| (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 |
| 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 .
| 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 |
| 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
| 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 |
| 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
| 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
|
| 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
| 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
| 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.
| 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 |
| 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.
| (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.
| (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | 96-1000, eff. 7-2-10.)
| Section 10. The School Code is amended by changing Section | 18-4.4 as follows:
| (105 ILCS 5/18-4.4) (from Ch. 122, par. 18-4.4)
| 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 |
| 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
| superintendent shall certify to the State Board of Education | the following
matters:
| 1. The name of the State institution.
| 2. The total land area of the district in acres.
| 3. The total ownership of the land of the State in | acres.
| 4. The total equalized assessed value of all the land | in the district.
| 5. The rate of school tax payable in the year.
| 6. The computed amount of the tax-equivalent grant | claimed.
| Failure of any district superintendent to certify the
| 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.
| 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 |
| for a tax-equivalent grant under this Section as a district in | which the State owns 45% or more of the
total land area. | (Source: P.A. 91-723, eff. 6-2-00.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/6/2021
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