Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1176 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1176 Introduced 1/24/2025, by Sen. Michael W. Halpin 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 06302 BDA 16337 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1176 Introduced 1/24/2025, by Sen. Michael W. Halpin 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 06302 BDA 16337 b LRB104 06302 BDA 16337 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1176 Introduced 1/24/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
4	4	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
5	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	6	LRB104 06302 BDA 16337 b LRB104 06302 BDA 16337 b
7	7	LRB104 06302 BDA 16337 b
8	8	A BILL FOR
9	9	SB1176LRB104 06302 BDA 16337 b SB1176 LRB104 06302 BDA 16337 b
10	10	SB1176 LRB104 06302 BDA 16337 b
11	11	1 AN ACT concerning finance.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Property Control Act is amended by
15	15	5 changing Section 7.1 as follows:
16	16	6 (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
17	17	7 Sec. 7.1. (a) Except as otherwise provided by law, all
18	18	8 surplus real property held by the State of Illinois shall be
19	19	9 disposed of by the administrator as provided in this Section.
20	20	10 "Surplus real property," as used in this Section, means any
21	21	11 real property to which the State holds fee simple title or
22	22	12 lesser interest, and is vacant and determined by the head of
23	23	13 the owning agency to no longer be required for the State
24	24	14 agency's needs and responsibilities and has no foreseeable use
25	25	15 by the owning agency. Title to the surplus real property may
26	26	16 remain with the owning agency throughout the disposition
27	27	17 process if approved by the Administrator; however, the
28	28	18 Administrator and the Department of Central Management
29	29	19 Services shall have sole responsibility and authority for
30	30	20 disposing of the property as set out in this Section.
31	31	21 (b) All responsible officers shall submit an Annual Real
32	32	22 Property Utilization Report to the Administrator, or annual
33	33	23 update of such report, on forms required by the Administrator,
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1176 Introduced 1/24/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
38	38	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
39	39	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
40	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	41	LRB104 06302 BDA 16337 b LRB104 06302 BDA 16337 b
42	42	LRB104 06302 BDA 16337 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
50	50
51	51
52	52
53	53	LRB104 06302 BDA 16337 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB1176 LRB104 06302 BDA 16337 b
64	64
65	65
66	66	SB1176- 2 -LRB104 06302 BDA 16337 b SB1176 - 2 - LRB104 06302 BDA 16337 b
67	67	SB1176 - 2 - LRB104 06302 BDA 16337 b
68	68	1 by August July 31 of each year. The Administrator may require
69	69	2 such documentation as he deems reasonably necessary in
70	70	3 connection with this Report, and shall require that such
71	71	4 Report include the following information:
72	72	5 (1) A legal description of all real property owned by
73	73	6 the State under the control of the responsible officer.
74	74	7 (2) A description of the use of the real property
75	75	8 listed under (1).
76	76	9 (3) A list of any improvements made to such real
77	77	10 property during the previous year.
78	78	11 (4) The dates on which the State first acquired its
79	79	12 interest in such real property, and the purchase price and
80	80	13 source of the funds used to acquire the property.
81	81	14 (5) Plans for the future use of currently unused real
82	82	15 property.
83	83	16 (6) A declaration of any surplus real property. On or
84	84	17 before October 31 of each year the Administrator shall
85	85	18 furnish copies of each responsible officer's report along
86	86	19 with a list of surplus property indexed by legislative
87	87	20 district to the General Assembly.
88	88	21 This report shall be filed with the Speaker, the Minority
89	89	22 Leader and the Clerk of the House of Representatives and the
90	90	23 President, the Minority Leader and the Secretary of the Senate
91	91	24 and shall be duplicated and made available to the members of
92	92	25 the General Assembly for evaluation by such members for
93	93	26 possible liquidation of unused public property at public sale.
94	94
95	95
96	96
97	97
98	98
99	99	SB1176 - 2 - LRB104 06302 BDA 16337 b
100	100
101	101
102	102	SB1176- 3 -LRB104 06302 BDA 16337 b SB1176 - 3 - LRB104 06302 BDA 16337 b
103	103	SB1176 - 3 - LRB104 06302 BDA 16337 b
104	104	1 (c) Following receipt of the Annual Real Property
105	105	2 Utilization Report required under paragraph (b), the
106	106	3 Administrator shall notify all State agencies by October 31 of
107	107	4 all declared surplus real property.
108	108	5 (d) Any surplus real property shall be disposed of by the
109	109	6 Administrator. No appraisal is required if during his initial
110	110	7 survey of surplus real property the Administrator determines
111	111	8 such property has a fair market value of less than $5,000. If
112	112	9 the value of such property is determined by the Administrator
113	113	10 in his initial survey to be $5,000 or more, then the
114	114	11 Administrator shall obtain 2 appraisals of such real property,
115	115	12 which shall include known liabilities, including, but not
116	116	13 limited to, environmental costs. The average of these 2
117	117	14 appraisals shall represent the fair market value of the
118	118	15 surplus real property.
119	119	16 No surplus real property may be conveyed by the
120	120	17 Administrator for less than the fair market value, unless the
121	121	18 Administrator makes a written determination that it is in the
122	122	19 best interests of the State to establish a different value.
123	123	20 That written determination shall be published in the Illinois
124	124	21 Procurement Bulletin. Such written determination, along with
125	125	22 an affidavit setting forth the conditions and circumstances
126	126	23 that make the use of a different value in the best interests of
127	127	24 the State, shall also be filed with the Executive Ethics
128	128	25 Commission. The Executive Ethics Commission shall have 30 days
129	129	26 to review the written determination. The Executive Ethics
130	130
131	131
132	132
133	133
134	134
135	135	SB1176 - 3 - LRB104 06302 BDA 16337 b
136	136
137	137
138	138	SB1176- 4 -LRB104 06302 BDA 16337 b SB1176 - 4 - LRB104 06302 BDA 16337 b
139	139	SB1176 - 4 - LRB104 06302 BDA 16337 b
140	140	1 Commission may order an additional 30 days to review the
141	141	2 written determination. The Administrator shall provide the
142	142	3 Executive Ethics Commission with any information requested by
143	143	4 the Executive Ethics Commission related to the Administrator's
144	144	5 determination of the value of the surplus real property. If
145	145	6 the Executive Ethics Commission objects in writing to the
146	146	7 value determined by the Administrator, then the Administrator
147	147	8 shall not convey the surplus real property for less than
148	148	9 either the fair market value as determined by the average of
149	149	10 appraisals or an amount agreed upon by the Executive Ethics
150	150	11 Commission and the Administrator. Circumstances in which it is
151	151	12 in the best interests of the State to establish a different
152	152	13 value may include, but are not limited to, the following: (i)
153	153	14 an auction did not yield any bids at the established fair
154	154	15 market value; (ii) a unit of local government is interested in
155	155	16 acquiring the surplus real property; or (iii) the costs to the
156	156	17 State of maintaining such surplus real property are
157	157	18 sufficiently high that it would be reasonable to a prudent
158	158	19 person to sell such surplus real property for less than the
159	159	20 fair market value established by the average of the
160	160	21 appraisals. In no event shall the Administrator sell surplus
161	161	22 real property for less than 75% of fair market value and before
162	162	23 such property has been offered to an interested unit of local
163	163	24 government or made available at public auction.
164	164	25 Prior to offering the surplus real property for sale to
165	165	26 the public the Administrator shall give notice in writing of
166	166
167	167
168	168
169	169
170	170
171	171	SB1176 - 4 - LRB104 06302 BDA 16337 b
172	172
173	173
174	174	SB1176- 5 -LRB104 06302 BDA 16337 b SB1176 - 5 - LRB104 06302 BDA 16337 b
175	175	SB1176 - 5 - LRB104 06302 BDA 16337 b
176	176	1 the existence of the surplus real property to each State
177	177	2 agency and to the governing bodies of the county and of all
178	178	3 cities, villages and incorporated towns in the county in which
179	179	4 such real property is located. Any such State agency or
180	180	5 governing body may notify the Administrator of its interest in
181	181	6 acquiring the surplus real property within a notice period set
182	182	7 by the Administrator of at least 30 days. If any State agency
183	183	8 notifies the Administrator of its interest in acquiring the
184	184	9 surplus property, the Administrator may deny any such requests
185	185	10 by such agency if the Administrator determines that it is more
186	186	11 advantageous to the State to dispose of the surplus real
187	187	12 property to a governing body or the public. If a governing body
188	188	13 notifies the Administrator of its interest in acquiring the
189	189	14 property, then the Administrator shall wait a minimum of 30
190	190	15 additional days during which the Administrator may engage in
191	191	16 negotiations with such governing body for the sale of the
192	192	17 surplus real property. After the notice period set by the
193	193	18 Administrator of at least 30 days has passed, the
194	194	19 Administrator may sell the surplus real property by public
195	195	20 auction, which may include an electronic auction or the use of
196	196	21 sealed bids, following notice of such sale by publication on 3
197	197	22 separate days not less than 15 nor more than 30 days prior to
198	198	23 the sale in the State newspaper and in a newspaper having
199	199	24 general circulation in the county in which the surplus real
200	200	25 property is located. The Administrator shall post "For Sale"
201	201	26 signs of a conspicuous nature on such surplus real property
202	202
203	203
204	204
205	205
206	206
207	207	SB1176 - 5 - LRB104 06302 BDA 16337 b
208	208
209	209
210	210	SB1176- 6 -LRB104 06302 BDA 16337 b SB1176 - 6 - LRB104 06302 BDA 16337 b
211	211	SB1176 - 6 - LRB104 06302 BDA 16337 b
212	212	1 offered for sale to the public. If no acceptable offers for the
213	213	2 surplus real property are received, the Administrator may have
214	214	3 new appraisals of such property made. The Administrator shall
215	215	4 have all power necessary to convey surplus real property under
216	216	5 this Section. All moneys received for the sale of surplus real
217	217	6 property shall be deposited in the General Revenue Fund,
218	218	7 except that:
219	219	8 (1) Where moneys expended for the acquisition of such
220	220	9 real property were from a special fund which is still a
221	221	10 special fund in the State treasury, this special fund
222	222	11 shall be reimbursed in the amount of the original
223	223	12 expenditure and any amount in excess thereof shall be
224	224	13 deposited in the General Revenue Fund.
225	225	14 (2) Whenever a State mental health facility operated
226	226	15 by the Department of Human Services is closed and the real
227	227	16 estate on which the facility is located is sold by the
228	228	17 State, the net proceeds of the sale of the real estate
229	229	18 shall be deposited into the Community Mental Health
230	230	19 Medicaid Trust Fund.
231	231	20 (3) Whenever a State developmental disabilities
232	232	21 facility operated by the Department of Human Services is
233	233	22 closed and the real estate on which the facility is
234	234	23 located is sold by the State, the net proceeds of the sale
235	235	24 of the real estate shall be deposited into the Community
236	236	25 Developmental Disability Services Medicaid Trust Fund.
237	237	26 The Administrator shall have authority to order such
238	238
239	239
240	240
241	241
242	242
243	243	SB1176 - 6 - LRB104 06302 BDA 16337 b
244	244
245	245
246	246	SB1176- 7 -LRB104 06302 BDA 16337 b SB1176 - 7 - LRB104 06302 BDA 16337 b
247	247	SB1176 - 7 - LRB104 06302 BDA 16337 b
248	248
249	249
250	250
251	251
252	252
253	253	SB1176 - 7 - LRB104 06302 BDA 16337 b