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| Public Act 102-0280 | ||||
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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 | ||||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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