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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Central Management Services
5 Law of the Civil Administrative Code of Illinois is amended by
6 changing Section 405-315 as follows:
7 (20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
8 Sec. 405-315. Management of State buildings and other real
9 properties; security force; fees.
10 (a) To manage, operate, maintain, and preserve from waste
11 the State buildings, facilities, structures, grounds, or other
12 real properties, including, without limitation, the real
13 properties property transferred to the Department under
14 Section 405-415, including, without limitation, the State
15 buildings listed below, and to grant easements and accept
16 easements with respect to those properties, on such terms and
17 conditions that in the judgment of the Director are in the best
18 interests of the State. The Department may rent portions of
19 these and other State buildings when in the judgment of the
20 Director those leases or subleases will be in the best
21 interests of the State. The leases or subleases shall not
22 exceed 5 years unless a greater term is specifically
23 authorized.
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1 a. Peoria Regional Office Building
2 5415 North University
3 Peoria, Illinois 61614
4 b. Springfield Regional Office Building
5 4500 South 6th Street
6 Springfield, Illinois 62703
7 c. Champaign Regional Office Building
8 2125 South 1st Street
9 Champaign, Illinois 61820
10 d. Illinois State Armory Building
11 124 East Adams
12 Springfield, Illinois 62706
13 e. Marion Regional Office Building
14 2209 West Main Street
15 Marion, Illinois 62959
16 f. Kenneth Hall Regional State Office
17 Building
18 #10 Collinsville Avenue
19 East St. Louis, Illinois 62201
20 g. Rockford Regional Office Building
21 4402 North Main Street
22 P.O. Box 915
23 Rockford, Illinois 61105
24 h. State of Illinois Building
25 160 North LaSalle
26 Chicago, Illinois 60601
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1 i. Office and Laboratory Building
2 2121 West Taylor Street
3 Chicago, Illinois 60602
4 j. Central Computer Facility
5 201 West Adams
6 Springfield, Illinois 62706
7 k. Elgin Office Building
8 595 South State Street
9 Elgin, Illinois 60120
10 l. (Blank). James R. Thompson Center
11 Bounded by Lake, Clark, Randolph and
12 LaSalle Streets
13 Chicago, Illinois
14 m. The following buildings located within the Chicago
15 Medical Center District:
16 1. Lawndale Day Care Center
17 2929 West 19th Street
18 2. Edwards Center
19 2020 Roosevelt Road
20 3. Illinois Center for
21 Rehabilitation and Education
22 1950 West Roosevelt Road and 1151 South Wood Street
23 4. Department of Children and
24 Family Services District Office
25 1026 South Damen
26 5. The William Heally School
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1 1731 West Taylor
2 6. Administrative Office Building
3 1100 South Paulina Street
4 7. Metro Children and Adolescents Center
5 1601 West Taylor Street
6 n. E.J. "Zeke" Giorgi Center
7 200 Wyman Street
8 Rockford, Illinois
9 o. Suburban North Facility
10 9511 Harrison
11 Des Plaines, Illinois
12 p. The following buildings located within the Revenue
13 Center in Springfield:
14 1. State Property Control Warehouse
15 11th & Ash
16 2. Illinois State Museum Research & Collections
17 Center
18 1011 East Ash Street
19 q. Effingham Regional Office Building
20 401 Industrial Drive
21 Effingham, Illinois
22 r. The Communications Center
23 120 West Jefferson
24 Springfield, Illinois
25 s. Portions or all of the basement and
26 ground floor of the
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1 State of Illinois Building
2 160 North LaSalle
3 Chicago, Illinois 60601
4 t. 115 South LaSalle Street, Chicago, Illinois
5 may be leased or subleased to persons, firms, partnerships,
6 associations, or individuals for terms not to exceed 15 years
7 when in the judgment of the Director those leases or subleases
8 will be in the best interests of the State.
9 Portions or all of the commercial space, which includes
10 the sub-basement, storage mezzanine, concourse, and ground and
11 second floors of the
12 James R. Thompson Center
13 Bounded by Lake, Clark, Randolph and LaSalle Streets
14 Chicago, Illinois
15 may be leased or subleased to persons, firms, partnerships,
16 associations, or individuals for terms not to exceed 15 years
17 subject to renewals when in the judgment of the Director those
18 leases or subleases will be in the best interests of the State.
19 The Director is authorized to rent portions of the above
20 described facilities to persons, firms, partnerships,
21 associations, or individuals for terms not to exceed 30 days
22 when those leases or subleases will not interfere with State
23 usage of the facility. This authority is meant to supplement
24 and shall not in any way be interpreted to restrict the
25 Director's ability to make portions of the State of Illinois
26 Building and the James R. Thompson Center available for
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1 long-term commercial leases or subleases.
2 Notwithstanding the provisions above, the Department of
3 Children and Family Services and the Department of Human
4 Services (as successor to the Department of Rehabilitation
5 Services and the Department of Mental Health and Developmental
6 Disabilities) shall determine the allocation of space for
7 direct recipient care in their respective facilities. The
8 Department of Central Management Services shall consult with
9 the affected agency in the allocation and lease of surplus
10 space in these facilities. Potential lease arrangements shall
11 not endanger the direct recipient care responsibilities in
12 these facilities.
13 (b) To appoint, subject to the Personnel Code, persons to
14 be members of a police and security force. Members of the
15 security force shall be peace officers when performing duties
16 pursuant to this Section and as such shall have all of the
17 powers possessed by policemen in cities and sheriffs,
18 including the power to make arrests on view or issue citations
19 for violations of State statutes or city or county ordinances,
20 except that in counties of more than 1,000,000 population, any
21 powers created by this subsection shall be exercised only (i)
22 when necessary to protect the property, personnel, or
23 interests of the Department or any State agency for whom the
24 Department manages, operates, or maintains property or (ii)
25 when specifically requested by appropriate State or local law
26 enforcement officials, and except that within counties of
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1 1,000,000 or less population, these powers shall be exercised
2 only when necessary to protect the property, personnel, or
3 interests of the State of Illinois and only while on property
4 managed, operated, or maintained by the Department.
5 Nothing in this subsection shall be construed so as to
6 make it conflict with any provisions of, or rules promulgated
7 under, the Personnel Code.
8 (c) To charge reasonable fees for the lease, rental, use,
9 or occupancy of State facilities managed, operated, or
10 maintained by the Department. All moneys collected under this
11 Section shall be deposited in a revolving fund in the State
12 treasury known as the Facilities Management Revolving Fund.
13 (d) (Blank). Provisions of this Section relating to the
14 James R. Thompson Center are subject to the provisions of
15 Section 7.4 of the State Property Control Act.
16 (Source: P.A. 93-19, eff. 6-20-03; 93-839, eff. 7-30-04;
17 94-91, eff. 7-1-05.)
18 Section 10. The State Property Control Act is amended by
19 changing Section 7.1 as follows:
20 (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
21 Sec. 7.1. (a) Except as otherwise provided by law, all
22 surplus real property held by the State of Illinois shall be
23 disposed of by the administrator as provided in this Section.
24 "Surplus real property," as used in this Section, means any
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1 real property to which the State holds fee simple title or
2 lesser interest, and is vacant and determined by the head of
3 the owning agency to no longer be required for the State
4 agency's needs and responsibilities and has no foreseeable use
5 by the owning agency. Title to the surplus real property may
6 remain with the owning agency throughout the disposition
7 process if approved by the Administrator; however, the
8 Administrator and the Department of Central Management
9 Services shall have sole responsibility and authority for
10 disposing of the property as set out in this Section.
11 (b) All responsible officers shall submit an Annual Real
12 Property Utilization Report to the Administrator, or annual
13 update of such report, on forms required by the Administrator,
14 by August July 31 of each year. The Administrator may require
15 such documentation as he deems reasonably necessary in
16 connection with this Report, and shall require that such
17 Report include the following information:
18 (1) A legal description of all real property owned by
19 the State under the control of the responsible officer.
20 (2) A description of the use of the real property
21 listed under (1).
22 (3) A list of any improvements made to such real
23 property during the previous year.
24 (4) The dates on which the State first acquired its
25 interest in such real property, and the purchase price and
26 source of the funds used to acquire the property.
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1 (5) Plans for the future use of currently unused real
2 property.
3 (6) A declaration of any surplus real property. On or
4 before October 31 of each year the Administrator shall
5 furnish copies of each responsible officer's report along
6 with a list of surplus property indexed by legislative
7 district to the General Assembly.
8 This report shall be filed with the Speaker, the Minority
9 Leader and the Clerk of the House of Representatives and the
10 President, the Minority Leader and the Secretary of the Senate
11 and shall be duplicated and made available to the members of
12 the General Assembly for evaluation by such members for
13 possible liquidation of unused public property at public sale.
14 (c) Following receipt of the Annual Real Property
15 Utilization Report required under paragraph (b), the
16 Administrator shall notify all State agencies by October 31 of
17 all declared surplus real property.
18 (d) Any surplus real property shall be disposed of by the
19 Administrator. No appraisal is required if during his initial
20 survey of surplus real property the Administrator determines
21 such property has a fair market value of less than $5,000. If
22 the value of such property is determined by the Administrator
23 in his initial survey to be $5,000 or more, then the
24 Administrator shall obtain 2 appraisals of such real property,
25 which shall include known liabilities, including, but not
26 limited to, environmental costs. The average of these 2
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1 appraisals shall represent the fair market value of the
2 surplus real property.
3 No surplus real property may be conveyed by the
4 Administrator for less than the fair market value, unless the
5 Administrator makes a written determination that it is in the
6 best interests of the State to establish a different value.
7 That written determination shall be published in the Illinois
8 Procurement Bulletin. Such written determination, along with
9 an affidavit setting forth the conditions and circumstances
10 that make the use of a different value in the best interests of
11 the State, shall also be filed with the Executive Ethics
12 Commission. The Executive Ethics Commission shall have 30 days
13 to review the written determination. The Executive Ethics
14 Commission may order an additional 30 days to review the
15 written determination. The Administrator shall provide the
16 Executive Ethics Commission with any information requested by
17 the Executive Ethics Commission related to the Administrator's
18 determination of the value of the surplus real property. If
19 the Executive Ethics Commission objects in writing to the
20 value determined by the Administrator, then the Administrator
21 shall not convey the surplus real property for less than
22 either the fair market value as determined by the average of
23 appraisals or an amount agreed upon by the Executive Ethics
24 Commission and the Administrator. Circumstances in which it is
25 in the best interests of the State to establish a different
26 value may include, but are not limited to, the following: (i)
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1 an auction did not yield any bids at the established fair
2 market value; (ii) a unit of local government is interested in
3 acquiring the surplus real property; or (iii) the costs to the
4 State of maintaining such surplus real property are
5 sufficiently high that it would be reasonable to a prudent
6 person to sell such surplus real property for less than the
7 fair market value established by the average of the
8 appraisals. In no event shall the Administrator sell surplus
9 real property for less than 75% of fair market value and before
10 such property has been offered to an interested unit of local
11 government or made available at public auction.
12 Prior to offering the surplus real property for sale to
13 the public the Administrator shall give notice in writing of
14 the existence of the surplus real property to each State
15 agency and to the governing bodies of the county and of all
16 cities, villages and incorporated towns in the county in which
17 such real property is located. Any such State agency or
18 governing body may notify the Administrator of its interest in
19 acquiring the surplus real property within a notice period set
20 by the Administrator of at least 30 days. If any State agency
21 notifies the Administrator of its interest in acquiring the
22 surplus property, the Administrator may deny any such requests
23 by such agency if the Administrator determines that it is more
24 advantageous to the State to dispose of the surplus real
25 property to a governing body or the public. If a governing body
26 notifies the Administrator of its interest in acquiring the
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1 property, then the Administrator shall wait a minimum of 30
2 additional days during which the Administrator may engage in
3 negotiations with such governing body for the sale of the
4 surplus real property. After the notice period set by the
5 Administrator of at least 30 days has passed, the
6 Administrator may sell the surplus real property by public
7 auction, which may include an electronic auction or the use of
8 sealed bids, following notice of such sale by publication on 3
9 separate days not less than 15 nor more than 30 days prior to
10 the sale in the State newspaper and in a newspaper having
11 general circulation in the county in which the surplus real
12 property is located. The Administrator shall post "For Sale"
13 signs of a conspicuous nature on such surplus real property
14 offered for sale to the public. If no acceptable offers for the
15 surplus real property are received, the Administrator may have
16 new appraisals of such property made. The Administrator shall
17 have all power necessary to convey surplus real property under
18 this Section. All moneys received for the sale of surplus real
19 property shall be deposited in the General Revenue Fund,
20 except that:
21 (1) Where moneys expended for the acquisition of such
22 real property were from a special fund which is still a
23 special fund in the State treasury, this special fund
24 shall be reimbursed in the amount of the original
25 expenditure and any amount in excess thereof shall be
26 deposited in the General Revenue Fund.
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1 (2) Whenever a State mental health facility operated
2 by the Department of Human Services is closed and the real
3 estate on which the facility is located is sold by the
4 State, the net proceeds of the sale of the real estate
5 shall be deposited into the Community Mental Health
6 Medicaid Trust Fund.
7 (3) Whenever a State developmental disabilities
8 facility operated by the Department of Human Services is
9 closed and the real estate on which the facility is
10 located is sold by the State, the net proceeds of the sale
11 of the real estate shall be deposited into the Community
12 Developmental Disability Services Medicaid Trust Fund.
13 The Administrator shall have authority to order such
14 surveys, abstracts of title, or commitments for title
15 insurance as may, in his reasonable discretion, be deemed
16 necessary to demonstrate to prospective purchasers or bidders
17 good and marketable title in any property offered for sale
18 pursuant to this Section. Unless otherwise specifically
19 authorized by the General Assembly, all conveyances of
20 property made by the Administrator shall be by quit claim
21 deed.
22 (e) The Administrator shall submit an annual report on or
23 before February 1 to the Governor and the General Assembly
24 containing a detailed statement of surplus real property
25 either transferred or conveyed under this Section.
26 (Source: P.A. 102-280, eff. 8-6-21.)Every fact on this page links to its source, starting with the official bill record.