Illinois 2025-2026 Regular Session

Illinois House Bill HB1758 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB1758 Engrossed LRB104 06303 BDA 16338 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1758 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 Amends the State Property Control Act. In a provision concerning submission of an Annual Real Property Utilization Report, changes the due date for the Report from July 31 to August 31 of each year. LRB104 06303 BDA 16338 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1758 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 Amends the State Property Control Act. In a provision concerning submission of an Annual Real Property Utilization Report, changes the due date for the Report from July 31 to August 31 of each year. LRB104 06303 BDA 16338 b LRB104 06303 BDA 16338 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1758 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
	3	+	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
	4	+	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
	5	+	Amends the State Property Control Act. In a provision concerning submission of an Annual Real Property Utilization Report, changes the due date for the Report from July 31 to August 31 of each year.
	6	+	LRB104 06303 BDA 16338 b LRB104 06303 BDA 16338 b
	7	+	LRB104 06303 BDA 16338 b
	8	+	A BILL FOR
	9	+	HB1758LRB104 06303 BDA 16338 b HB1758 LRB104 06303 BDA 16338 b
	10	+	HB1758 LRB104 06303 BDA 16338 b
3	11		1 AN ACT concerning finance.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The State Property Control Act is amended by
7	15		5 changing Section 7.1 as follows:
8	16		6 (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
9	17		7 Sec. 7.1. (a) Except as otherwise provided by law, all
10	18		8 surplus real property held by the State of Illinois shall be
11	19		9 disposed of by the administrator as provided in this Section.
12	20		10 "Surplus real property," as used in this Section, means any
13	21		11 real property to which the State holds fee simple title or
14	22		12 lesser interest, and is vacant and determined by the head of
15	23		13 the owning agency to no longer be required for the State
16	24		14 agency's needs and responsibilities and has no foreseeable use
17	25		15 by the owning agency. Title to the surplus real property may
18	26		16 remain with the owning agency throughout the disposition
19	27		17 process if approved by the Administrator; however, the
20	28		18 Administrator and the Department of Central Management
21	29		19 Services shall have sole responsibility and authority for
22	30		20 disposing of the property as set out in this Section.
23	31		21 (b) All responsible officers shall submit an Annual Real
24	32		22 Property Utilization Report to the Administrator, or annual
25	33		23 update of such report, on forms required by the Administrator,
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	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1758 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
	38	+	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
	39	+	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
	40	+	Amends the State Property Control Act. In a provision concerning submission of an Annual Real Property Utilization Report, changes the due date for the Report from July 31 to August 31 of each year.
	41	+	LRB104 06303 BDA 16338 b LRB104 06303 BDA 16338 b
	42	+	LRB104 06303 BDA 16338 b
	43	+	A BILL FOR
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	49	+	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
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34	68		1 by August July 31 of each year. The Administrator may require
35	69		2 such documentation as he deems reasonably necessary in
36	70		3 connection with this Report, and shall require that such
37	71		4 Report include the following information:
38	72		5 (1) A legal description of all real property owned by
39	73		6 the State under the control of the responsible officer.
40	74		7 (2) A description of the use of the real property
41	75		8 listed under (1).
42	76		9 (3) A list of any improvements made to such real
43	77		10 property during the previous year.
44	78		11 (4) The dates on which the State first acquired its
45	79		12 interest in such real property, and the purchase price and
46	80		13 source of the funds used to acquire the property.
47	81		14 (5) Plans for the future use of currently unused real
48	82		15 property.
49	83		16 (6) A declaration of any surplus real property. On or
50	84		17 before October 31 of each year the Administrator shall
51	85		18 furnish copies of each responsible officer's report along
52	86		19 with a list of surplus property indexed by legislative
53	87		20 district to the General Assembly.
54	88		21 This report shall be filed with the Speaker, the Minority
55	89		22 Leader and the Clerk of the House of Representatives and the
56	90		23 President, the Minority Leader and the Secretary of the Senate
57	91		24 and shall be duplicated and made available to the members of
58	92		25 the General Assembly for evaluation by such members for
59	93		26 possible liquidation of unused public property at public sale.
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70	104		1 (c) Following receipt of the Annual Real Property
71	105		2 Utilization Report required under paragraph (b), the
72	106		3 Administrator shall notify all State agencies by October 31 of
73	107		4 all declared surplus real property.
74	108		5 (d) Any surplus real property shall be disposed of by the
75	109		6 Administrator. No appraisal is required if during his initial
76	110		7 survey of surplus real property the Administrator determines
77	111		8 such property has a fair market value of less than $5,000. If
78	112		9 the value of such property is determined by the Administrator
79	113		10 in his initial survey to be $5,000 or more, then the
80	114		11 Administrator shall obtain 2 appraisals of such real property,
81	115		12 which shall include known liabilities, including, but not
82	116		13 limited to, environmental costs. The average of these 2
83	117		14 appraisals shall represent the fair market value of the
84	118		15 surplus real property.
85	119		16 No surplus real property may be conveyed by the
86	120		17 Administrator for less than the fair market value, unless the
87	121		18 Administrator makes a written determination that it is in the
88	122		19 best interests of the State to establish a different value.
89	123		20 That written determination shall be published in the Illinois
90	124		21 Procurement Bulletin. Such written determination, along with
91	125		22 an affidavit setting forth the conditions and circumstances
92	126		23 that make the use of a different value in the best interests of
93	127		24 the State, shall also be filed with the Executive Ethics
94	128		25 Commission. The Executive Ethics Commission shall have 30 days
95	129		26 to review the written determination. The Executive Ethics
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106	140		1 Commission may order an additional 30 days to review the
107	141		2 written determination. The Administrator shall provide the
108	142		3 Executive Ethics Commission with any information requested by
109	143		4 the Executive Ethics Commission related to the Administrator's
110	144		5 determination of the value of the surplus real property. If
111	145		6 the Executive Ethics Commission objects in writing to the
112	146		7 value determined by the Administrator, then the Administrator
113	147		8 shall not convey the surplus real property for less than
114	148		9 either the fair market value as determined by the average of
115	149		10 appraisals or an amount agreed upon by the Executive Ethics
116	150		11 Commission and the Administrator. Circumstances in which it is
117	151		12 in the best interests of the State to establish a different
118	152		13 value may include, but are not limited to, the following: (i)
119	153		14 an auction did not yield any bids at the established fair
120	154		15 market value; (ii) a unit of local government is interested in
121	155		16 acquiring the surplus real property; or (iii) the costs to the
122	156		17 State of maintaining such surplus real property are
123	157		18 sufficiently high that it would be reasonable to a prudent
124	158		19 person to sell such surplus real property for less than the
125	159		20 fair market value established by the average of the
126	160		21 appraisals. In no event shall the Administrator sell surplus
127	161		22 real property for less than 75% of fair market value and before
128	162		23 such property has been offered to an interested unit of local
129	163		24 government or made available at public auction.
130	164		25 Prior to offering the surplus real property for sale to
131	165		26 the public the Administrator shall give notice in writing of
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142	176		1 the existence of the surplus real property to each State
143	177		2 agency and to the governing bodies of the county and of all
144	178		3 cities, villages and incorporated towns in the county in which
145	179		4 such real property is located. Any such State agency or
146	180		5 governing body may notify the Administrator of its interest in
147	181		6 acquiring the surplus real property within a notice period set
148	182		7 by the Administrator of at least 30 days. If any State agency
149	183		8 notifies the Administrator of its interest in acquiring the
150	184		9 surplus property, the Administrator may deny any such requests
151	185		10 by such agency if the Administrator determines that it is more
152	186		11 advantageous to the State to dispose of the surplus real
153	187		12 property to a governing body or the public. If a governing body
154	188		13 notifies the Administrator of its interest in acquiring the
155	189		14 property, then the Administrator shall wait a minimum of 30
156	190		15 additional days during which the Administrator may engage in
157	191		16 negotiations with such governing body for the sale of the
158	192		17 surplus real property. After the notice period set by the
159	193		18 Administrator of at least 30 days has passed, the
160	194		19 Administrator may sell the surplus real property by public
161	195		20 auction, which may include an electronic auction or the use of
162	196		21 sealed bids, following notice of such sale by publication on 3
163	197		22 separate days not less than 15 nor more than 30 days prior to
164	198		23 the sale in the State newspaper and in a newspaper having
165	199		24 general circulation in the county in which the surplus real
166	200		25 property is located. The Administrator shall post "For Sale"
167	201		26 signs of a conspicuous nature on such surplus real property
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178	212		1 offered for sale to the public. If no acceptable offers for the
179	213		2 surplus real property are received, the Administrator may have
180	214		3 new appraisals of such property made. The Administrator shall
181	215		4 have all power necessary to convey surplus real property under
182	216		5 this Section. All moneys received for the sale of surplus real
183	217		6 property shall be deposited in the General Revenue Fund,
184	218		7 except that:
185	219		8 (1) Where moneys expended for the acquisition of such
186	220		9 real property were from a special fund which is still a
187	221		10 special fund in the State treasury, this special fund
188	222		11 shall be reimbursed in the amount of the original
189	223		12 expenditure and any amount in excess thereof shall be
190	224		13 deposited in the General Revenue Fund.
191	225		14 (2) Whenever a State mental health facility operated
192	226		15 by the Department of Human Services is closed and the real
193	227		16 estate on which the facility is located is sold by the
194	228		17 State, the net proceeds of the sale of the real estate
195	229		18 shall be deposited into the Community Mental Health
196	230		19 Medicaid Trust Fund.
197	231		20 (3) Whenever a State developmental disabilities
198	232		21 facility operated by the Department of Human Services is
199	233		22 closed and the real estate on which the facility is
200	234		23 located is sold by the State, the net proceeds of the sale
201	235		24 of the real estate shall be deposited into the Community
202	236		25 Developmental Disability Services Medicaid Trust Fund.
203	237		26 The Administrator shall have authority to order such
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214		-	1 surveys, abstracts of title, or commitments for title
215		-	2 insurance as may, in his reasonable discretion, be deemed
216		-	3 necessary to demonstrate to prospective purchasers or bidders
217		-	4 good and marketable title in any property offered for sale
218		-	5 pursuant to this Section. Unless otherwise specifically
219		-	6 authorized by the General Assembly, all conveyances of
220		-	7 property made by the Administrator shall be by quit claim
221		-	8 deed.
222		-	9 (e) The Administrator shall submit an annual report on or
223		-	10 before February 1 to the Governor and the General Assembly
224		-	11 containing a detailed statement of surplus real property
225		-	12 either transferred or conveyed under this Section.
226		-	13 (Source: P.A. 102-280, eff. 8-6-21.)
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