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| 1 | AN ACT concerning finance.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The State Property Control Act is amended by | ||||||||||||||||||||||||||
| 5 | changing Section 7.1 as follows:
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| 6 | (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
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| 7 | Sec. 7.1.
(a) Except as otherwise provided by law, all | ||||||||||||||||||||||||||
| 8 | surplus real
property held by the State of Illinois shall be | ||||||||||||||||||||||||||
| 9 | disposed of by the
administrator as provided in this Section. | ||||||||||||||||||||||||||
| 10 | "Surplus real property," as
used in this Section, means any | ||||||||||||||||||||||||||
| 11 | real property to which the State holds fee
simple title or
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| 12 | lesser interest, and is vacant, unoccupied or unused and which | ||||||||||||||||||||||||||
| 13 | has no
foreseeable use by the owning agency.
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| 14 | (b) All responsible officers shall submit an Annual Real | ||||||||||||||||||||||||||
| 15 | Property
Utilization Report to the Administrator, or annual | ||||||||||||||||||||||||||
| 16 | update of such
report, on forms required by the Administrator, | ||||||||||||||||||||||||||
| 17 | by July 31 of each year.
The Administrator may require such | ||||||||||||||||||||||||||
| 18 | documentation as he deems reasonably
necessary in connection | ||||||||||||||||||||||||||
| 19 | with this Report, and shall require that such
Report include | ||||||||||||||||||||||||||
| 20 | the following information:
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| 21 | (1) A legal description of all real property owned by | ||||||||||||||||||||||||||
| 22 | the State
under the control of the responsible officer.
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| 23 | (2) A description of the use of the real property | ||||||||||||||||||||||||||
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| 1 | listed under (1).
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| 2 | (3) A list of any improvements made to such real | ||||||
| 3 | property during the
previous year.
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| 4 | (4) The dates on which the State first acquired its | ||||||
| 5 | interest in such
real property, and the purchase price and | ||||||
| 6 | source of the funds used to
acquire the property.
| ||||||
| 7 | (5) Plans for the future use of currently unused real | ||||||
| 8 | property.
| ||||||
| 9 | (6) A declaration of any surplus real property.
On or | ||||||
| 10 | before October 31 of each year the Administrator shall | ||||||
| 11 | furnish
copies of each responsible officer's report along | ||||||
| 12 | with a list of surplus
property indexed by legislative | ||||||
| 13 | district to the General Assembly.
| ||||||
| 14 | This report shall be filed with the Speaker, the Minority | ||||||
| 15 | Leader and the
Clerk of the House of Representatives and the | ||||||
| 16 | President, the Minority
Leader and the Secretary of the Senate | ||||||
| 17 | and shall be duplicated and made
available to the members of | ||||||
| 18 | the General Assembly for evaluation by such
members for | ||||||
| 19 | possible liquidation of unused public property at public sale.
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| 20 | (c) Following receipt of the Annual Real Property | ||||||
| 21 | Utilization Report
required under paragraph (b), the | ||||||
| 22 | Administrator shall notify all State
agencies by October 31 of | ||||||
| 23 | all declared surplus real
property. Any State
agency may submit | ||||||
| 24 | a written request to the Administrator, within 60 days
of the | ||||||
| 25 | date of such notification, to have control of surplus real
| ||||||
| 26 | property transferred to that agency. Such request must indicate | ||||||
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| 1 | the
reason for the transfer and the intended use to be made of | ||||||
| 2 | such surplus
real property. The Administrator may deny any or | ||||||
| 3 | all such requests by a
State agency or agencies if the | ||||||
| 4 | Administrator determines that it is more
advantageous to the | ||||||
| 5 | State to dispose of the surplus real property under
paragraph | ||||||
| 6 | (d). In case requests for the same surplus real property are
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| 7 | received from more than one State agency, the Administrator | ||||||
| 8 | shall weigh
the benefits to the State and determine to which | ||||||
| 9 | agency, if any, to
transfer control of such property. The | ||||||
| 10 | Administrator shall coordinate
the use and disposal of State | ||||||
| 11 | surplus real property with any State space
utilization program.
| ||||||
| 12 | (d) Any surplus real property which is not transferred to | ||||||
| 13 | the
control of another State agency under paragraph (c) shall | ||||||
| 14 | be disposed of
by the Administrator. No appraisal is required | ||||||
| 15 | if during his initial
survey of surplus real property the | ||||||
| 16 | Administrator determines such
property has a fair market value | ||||||
| 17 | of less than $5,000. If the value of
such property is | ||||||
| 18 | determined by the Administrator in his initial survey
to be | ||||||
| 19 | $5,000 or more, then the Administrator shall obtain 3 | ||||||
| 20 | appraisals
of such real property, one of which shall be | ||||||
| 21 | performed by an appraiser
residing in the county in which said | ||||||
| 22 | surplus real property is located.
The average of these 3 | ||||||
| 23 | appraisals, plus the costs of obtaining the
appraisals, shall | ||||||
| 24 | represent the fair market value of the surplus real
property. | ||||||
| 25 | No surplus real property may be conveyed by the Administrator
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| 26 | for less than the fair market value. Prior to offering the | ||||||
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| 1 | surplus real
property for sale to the public the Administrator | ||||||
| 2 | shall give notice in
writing of the existence and fair market | ||||||
| 3 | value of the surplus real
property to the governing bodies of | ||||||
| 4 | the county and of all cities,
villages and incorporated towns | ||||||
| 5 | in the county in which such real
property is located. Any such | ||||||
| 6 | governing body may exercise its option to
acquire the surplus | ||||||
| 7 | real property for the fair market value within 60
days of the | ||||||
| 8 | notice. After the 60 day period has passed, the
Administrator | ||||||
| 9 | may sell the surplus real property by public auction
following | ||||||
| 10 | notice of such sale by publication on 3 separate days not less
| ||||||
| 11 | than 15 nor more than 30 days prior to the sale in the State | ||||||
| 12 | newspaper
and in a newspaper having general circulation in the | ||||||
| 13 | county in which the
surplus real property is located. The | ||||||
| 14 | Administrator shall post "For
Sale" signs of a conspicuous | ||||||
| 15 | nature on such surplus real property
offered for sale to the | ||||||
| 16 | public. If no acceptable offers for the surplus
real property | ||||||
| 17 | are received, the Administrator may have new appraisals of
such | ||||||
| 18 | property made. The Administrator shall have all power necessary | ||||||
| 19 | to
convey surplus real property under this Section. All moneys | ||||||
| 20 | received
for the sale of surplus real property shall be | ||||||
| 21 | deposited in the General
Revenue Fund, except that: | ||||||
| 22 | (1) Where moneys expended for the acquisition of such
| ||||||
| 23 | real property were from a special fund which is still a | ||||||
| 24 | special fund in
the State treasury, this special fund shall | ||||||
| 25 | be reimbursed in the amount
of the original expenditure and | ||||||
| 26 | any amount in excess thereof shall be
deposited in the | ||||||
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| 1 | General Revenue Fund. | ||||||
| 2 | (2) Whenever a State mental health facility operated by | ||||||
| 3 | the Department of Human Services is closed and the real | ||||||
| 4 | estate on which the facility is located is sold by the | ||||||
| 5 | State, the net proceeds of the sale of the real estate | ||||||
| 6 | shall be deposited into the Community Mental Health | ||||||
| 7 | Medicaid Trust Fund. | ||||||
| 8 | (3) Whenever a State developmental disabilities | ||||||
| 9 | facility operated by the Department of Human Services is | ||||||
| 10 | closed and the real estate on which the facility is located | ||||||
| 11 | is sold by the State, the net proceeds of the sale of the | ||||||
| 12 | real estate shall be deposited into the Community | ||||||
| 13 | Developmental Disability Services Medicaid Trust Fund.
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| 14 | The Administrator shall have authority to order such | ||||||
| 15 | surveys, abstracts
of title, or commitments for title insurance | ||||||
| 16 | as may, in his reasonable
discretion, be deemed necessary to | ||||||
| 17 | demonstrate to prospective purchasers or
bidders good and | ||||||
| 18 | marketable title in any property offered for sale pursuant
to | ||||||
| 19 | this Section. Unless otherwise specifically authorized by the | ||||||
| 20 | General
Assembly, all conveyances of property made by the | ||||||
| 21 | Administrator shall be by
quit claim deed.
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| 22 | (d-5) Notwithstanding subsection (d) of this Section or any | ||||||
| 23 | other provision of law, if, 15 years after the execution of a | ||||||
| 24 | quitclaim deed under 44 Ill. Adm. Code 5000.760(a), the surplus | ||||||
| 25 | real property transferred remains titled to the State of | ||||||
| 26 | Illinois and remains subject to the jurisdiction of the | ||||||
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| 1 | Administrator under this Act, then the Administrator shall | ||||||
| 2 | convey the surplus real property by quitclaim deed as follows: | ||||||
| 3 | if the surplus real property is located within the corporate | ||||||
| 4 | limits of a municipality, then it shall be conveyed to that | ||||||
| 5 | municipality; if the surplus real property is located in an | ||||||
| 6 | unincorporated area of a county, then it shall be conveyed to | ||||||
| 7 | the county in which it is located. The municipality or county | ||||||
| 8 | receiving the surplus real property under this subsection (d-5) | ||||||
| 9 | shall receive title to the surplus real property in fee simple | ||||||
| 10 | absolute and may use or dispose of all or a portion of the | ||||||
| 11 | surplus real property in such manner as the corporate | ||||||
| 12 | authorities of the municipality or county may, by resolution, | ||||||
| 13 | determine. | ||||||
| 14 | (e) The Administrator shall submit an annual report on or | ||||||
| 15 | before
February 1 to the Governor and the General Assembly | ||||||
| 16 | containing a
detailed statement of surplus real property either | ||||||
| 17 | transferred or
conveyed under this Section.
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| 18 | (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | ||||||
| 19 | 96-1000, eff. 7-2-10.)
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| 20 | Section 10. The Property Tax Code is amended by changing | ||||||
| 21 | Section 15-60 as follows:
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| 22 | (35 ILCS 200/15-60)
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| 23 | Sec. 15-60. Taxing district property. All property | ||||||
| 24 | belonging to any county
or municipality used exclusively for | ||||||
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| 1 | the maintenance of the poor is exempt,
as is all property owned | ||||||
| 2 | by a taxing district that is being held for future
expansion or | ||||||
| 3 | development, except if leased by the taxing district to lessees
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| 4 | for use for other than public purposes.
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| 5 | Also exempt are:
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| 6 | (a) all swamp or overflowed lands belonging to any | ||||||
| 7 | county;
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| 8 | (b) all public buildings belonging to any county, | ||||||
| 9 | township, or
municipality, with the ground on which the | ||||||
| 10 | buildings are erected;
| ||||||
| 11 | (c) all property owned by any municipality located | ||||||
| 12 | within its
incorporated limits. Any such property leased by | ||||||
| 13 | a municipality shall
remain exempt, and the leasehold | ||||||
| 14 | interest of the lessee shall be assessed under
Section | ||||||
| 15 | 9-195 of this Act, (i) for a lease entered into on or after | ||||||
| 16 | January 1,
1994, unless the lease expressly provides that | ||||||
| 17 | this exemption shall not apply;
(ii) for a lease entered | ||||||
| 18 | into on or after the effective date of Public Act
87-1280 | ||||||
| 19 | and before January 1, 1994, unless the lease expressly | ||||||
| 20 | provides that
this exemption shall not apply or unless | ||||||
| 21 | evidence other than the lease itself
substantiates the | ||||||
| 22 | intent of the parties to the lease that this exemption | ||||||
| 23 | shall
not apply; and (iii) for a lease entered into before | ||||||
| 24 | the effective date of
Public Act 87-1280, if the terms of | ||||||
| 25 | the lease do not bind the lessee to pay the
taxes on the | ||||||
| 26 | leased property or if, notwithstanding the terms of the | ||||||
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| 1 | lease, the
municipality has filed or hereafter files a | ||||||
| 2 | timely exemption petition or
complaint with respect to | ||||||
| 3 | property consisting of or including the leased
property for | ||||||
| 4 | an assessment year which includes part or all of the first | ||||||
| 5 | 12
months of the lease period. The foregoing clause (iii) | ||||||
| 6 | added by Public Act
87-1280 shall not operate to exempt | ||||||
| 7 | property for any assessment year as to
which no timely | ||||||
| 8 | exemption petition or complaint has been filed by the
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| 9 | municipality or as to which an administrative or court | ||||||
| 10 | decision denying
exemption has become final and | ||||||
| 11 | nonappealable. For each assessment year or
portion thereof | ||||||
| 12 | that property is made exempt by operation of the foregoing
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| 13 | clause (iii), whether such year or portion is before or | ||||||
| 14 | after the effective
date of Public Act 87-1280, the | ||||||
| 15 | leasehold interest of the lessee shall, if
necessary, be | ||||||
| 16 | considered omitted property for purposes of this Act;
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| 17 | (c-5) Notwithstanding clause (i) of subsection (c), | ||||||
| 18 | all property owned by
a municipality with a population of | ||||||
| 19 | over 500,000 that is used for toll road or
toll bridge | ||||||
| 20 | purposes and that is leased for those purposes to another | ||||||
| 21 | entity
whose property is not exempt shall remain exempt, | ||||||
| 22 | and any leasehold interest in
the property shall not be | ||||||
| 23 | subject to taxation under Section 9-195 of this Act;
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| 24 | (d) all property owned by any municipality located | ||||||
| 25 | outside its
incorporated limits but within the same county | ||||||
| 26 | when used as a tuberculosis
sanitarium, farm colony in | ||||||
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| 1 | connection with a house of correction, or nursery,
garden, | ||||||
| 2 | or farm, or for the growing of shrubs, trees, flowers, | ||||||
| 3 | vegetables, and
plants for use in beautifying, | ||||||
| 4 | maintaining, and operating playgrounds, parks,
parkways, | ||||||
| 5 | public grounds, buildings, and institutions owned or | ||||||
| 6 | controlled
by the municipality;
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| 7 | (e) all property owned by a township and operated as | ||||||
| 8 | senior citizen
housing under Sections 35-50 through | ||||||
| 9 | 35-50.6 of the Township Code; and | ||||||
| 10 | (f) all property owned by the Executive Board of the | ||||||
| 11 | Mutual Aid Box Alarm System (MABAS), a unit of | ||||||
| 12 | intergovernmental cooperation, that is used for the public | ||||||
| 13 | purpose of disaster preparedness and response for units of | ||||||
| 14 | local government and the State of Illinois pursuant to | ||||||
| 15 | Section 10 of Article VII of the Illinois Constitution and | ||||||
| 16 | the Intergovernmental Cooperation Act.
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| 17 | All property owned by any municipality outside of its | ||||||
| 18 | corporate limits is
exempt if used exclusively for municipal or | ||||||
| 19 | public purposes.
| ||||||
| 20 | Notwithstanding this Section or any other provision of law, | ||||||
| 21 | if real property is conveyed to a municipality or a county | ||||||
| 22 | under subsection (d-5) of Section 7.1 of the State Property | ||||||
| 23 | Control Act, then that property is not entitled to an exemption | ||||||
| 24 | under this Section or any other Section of this Code in any | ||||||
| 25 | taxable year in which the municipality or county owns the | ||||||
| 26 | property. | ||||||
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| 1 | For purposes of this Section, "municipality" means a | ||||||
| 2 | municipality, as
defined in Section 1-1-2 of the Illinois | ||||||
| 3 | Municipal Code.
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| 4 | (Source: P.A. 98-206, eff. 1-1-14.)
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| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.
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