093_SB0812eng

 
SB812 Engrossed                      LRB093 07448 BDD 07613 b

 1        AN ACT concerning State property.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Department  of  Human  Services  Act is
 5    amended by adding Article 15 as follows:

 6        (20 ILCS 1305/Art. 15 heading new)
 7                 Article 15.  State Surplus Vehicle
 8                     Program for TANF Recipients

 9        (20 ILCS 1305/15-5 new)
10        Sec. 15-5.  Pilot program.
11        (a)  The Department of Human Services and the  Department
12    of  Central  Management  Services  shall  establish  a  pilot
13    program to make available surplus State vehicles for purchase
14    to  (i)  persons  receiving  Temporary  Assistance  for Needy
15    Families (TANF) under Article IV of the Illinois  Public  Aid
16    Code  who  are  working  in  unsubsidized employment and (ii)
17    persons who formerly received cash assistance  under  Article
18    IV  of  that  Code  but  who  have become ineligible for that
19    assistance due to employment earnings. The departments  shall
20    begin  implementing  the pilot program on January 1, 2004 and
21    shall  terminate  the  program  on  December  31,  2004.  The
22    Department  of  Human  Services  shall  develop   eligibility
23    criteria,  identify  eligible  persons,  and  offer the pilot
24    program at 5 locations in the State.
25        (b)  The Department of Central Management Services  shall
26    identify  20  surplus State vehicles for the pilot program as
27    provided in Section 7 of the State Property Control  Act.  No
28    vehicle   with an odometer reading of more than 150,000 miles
29    may be identified for the pilot program.
30        (c)  Pilot program participants must pay  a  nominal  fee
 
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 1    for vehicles provided under the program as follows:
 2             (1)  For  a vehicle with an odometer reading of less
 3        than 100,000 miles, $500.
 4             (2)  For a vehicle with an odometer  reading  of  at
 5        least  100,000  miles  but  not  more than 150,000 miles,
 6        $300.
 7        The  Department  of  Central  Management  Services  shall
 8    handle all vehicle sales and associated paperwork related  to
 9    the sales.
10        (d)  By  July  31, 2004, the Department of Human Services
11    shall report to the Department of Central Management Services
12    the   status   of   developing   eligibility   criteria   and
13    identification of  eligible  participants.   By  January  31,
14    2005,  the  departments  shall jointly report to the Governor
15    and  the  General  Assembly  the  pilot   program's   results
16    concerning  the number of vehicles purchased during the pilot
17    program and the departments' recommendations  concerning  the
18    continuation of the program.
19        (e)  The Department of Human Services shall enter into an
20    interagency agreement with the Director of Central Management
21    Services to administratively implement the pilot program.

22        Section 10.  The State Property Control Act is amended by
23    changing Section 7 as follows:

24        (30 ILCS 605/7) (from Ch. 127, par. 133b10)
25        Sec. 7. Disposition of transferable property.
26        (a)  Except   as   provided   in   subsection  (a-5)  and
27    subsection (c), whenever a responsible officer  considers  it
28    advantageous to the State to dispose of transferable property
29    by  trading it in for credit on a replacement of like nature,
30    the  responsible  officer  shall  report  the  trade-in   and
31    replacement  to  the  administrator on forms furnished by the
32    latter. The exchange, trade or  transfer  of  "textbooks"  as
 
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 1    defined  in  Section 18-17 of the School Code between schools
 2    or school districts pursuant to regulations  adopted  by  the
 3    State  Board  of  Education  under  that  Section  shall  not
 4    constitute  a disposition of transferable property within the
 5    meaning of this Section, even though such exchange, trade  or
 6    transfer  occurs within 5 years after the textbooks are first
 7    provided for loan pursuant to Section  18-17  of  the  School
 8    Code.
 9        (a-5)  When the Department of Central Management Services
10    administrator   determines   that   a  vehicle  used  by  the
11    Department of Human  Services  is  to  be  disposed  of,  the
12    administrator  shall  authorize  use  of  the vehicle for the
13    pilot program established under Article 15 of the  Department
14    of  Human Services Act. The administrator shall authorize the
15    disposition of 20 vehicles for use in the pilot  program.  If
16    the  administrator  determines that there are not 20 vehicles
17    used by the Department of Human Services to  be  disposed  of
18    but  that  vehicles  used  by  other State agencies are to be
19    disposed of, the administrator shall authorize other vehicles
20    for the program so that a total of 20 vehicles  are  used  in
21    the  program.  A vehicle to be used in the pilot program must
22    have an odometer reading of not more than 150,000 miles.  The
23    administrator  may  enter  into an interagency agreement with
24    the  Department  of   Human   Services   as   necessary   for
25    implementing this subsection.
26        (b)  Except   as   provided   in   subsection  (a-5)  and
27    subsection (c), whenever it is deemed necessary to dispose of
28    any item of transferable property,  the  administrator  shall
29    proceed  to  dispose  of the property by sale or scrapping as
30    the case  may  be,  in  whatever  manner  he  considers  most
31    advantageous  and  most  profitable  to  the  State. Items of
32    transferable property which would ordinarily be scrapped  and
33    disposed  of  by  burning  or  by burial in a landfill may be
34    examined and a determination made whether the property should
 
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 1    be recycled.  This determination and any sale  of  recyclable
 2    property shall be in accordance with rules promulgated by the
 3    Administrator.
 4        When  the administrator determines that property is to be
 5    disposed  of  by  sale,  he  shall  offer  it  first  to  the
 6    municipalities, counties, and school districts of  the  State
 7    and  to  charitable,  not-for-profit  educational  and public
 8    health organizations, including but not  limited  to  medical
 9    institutions,  clinics,  hospitals,  health centers, schools,
10    colleges, universities, child care centers, museums,  nursing
11    homes,  programs  for  the  elderly,  food  banks,  State Use
12    Sheltered Workshops and the Boy and Girl Scouts  of  America,
13    for  purchase  at an appraised value. Notice of inspection or
14    viewing dates and property lists shall be distributed in  the
15    manner  provided  in rules and regulations promulgated by the
16    Administrator for that purpose.
17        Electronic  data  processing  equipment   purchased   and
18    charged  to  appropriations  may,  at  the  discretion of the
19    administrator, be sold, pursuant to contracts entered into by
20    the Director of Central Management Services or the  heads  of
21    agencies  exempt from "The Illinois Purchasing Act".  However
22    such equipment shall not be sold  at  prices  less  than  the
23    purchase  cost  thereof or depreciated value as determined by
24    the administrator.  No sale of the electronic data processing
25    equipment and lease to the State by  the  purchaser  of  such
26    equipment shall be made under this Act unless the Director of
27    Central  Management  Services  finds  that such contracts are
28    financially advantageous to the State.
29        Disposition  of  other  transferable  property  by  sale,
30    except sales directly to  local  governmental  units,  school
31    districts,  and  not-for-profit  educational,  charitable and
32    public  health  organizations,  shall  be  subject   to   the
33    following minimum conditions:
34             (1)  The  administrator  shall cause the property to
 
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 1        be advertised for sale to the highest responsible bidder,
 2        stating time, place, and terms of such sale  at  least  7
 3        days  prior  to  the  time of sale and at least once in a
 4        newspaper having a  general  circulation  in  the  county
 5        where the property is to be sold.
 6             (2)  If   no   acceptable  bids  are  received,  the
 7        administrator may then  sell  the  property  in  whatever
 8        manner he considers most advantageous and most profitable
 9        to the State.
10        (c)  Notwithstanding  any other provision of this Act, an
11    agency  covered  by  this  Act  may  transfer  books,  serial
12    publications,   or   other   library   materials   that   are
13    transferable  property  to  any  of  the  following  entities
14    located in Illinois:
15             (1)  Another agency covered by this Act.
16             (2)  A State supported university library.
17             (3)  A tax-supported  public  library,  including  a
18        library established by a public library district.
19             (4)  A  library  system organized under the Illinois
20        Library System Act or any library that  is  a  member  of
21        such a system.
22        A  transfer  of  property  under  this  subsection is not
23    subject to the requirements of subsection (a) or (b).
24        For purposes of this subsection (c), "library  materials"
25    means  physical  entities  of  any  substance  that  serve as
26    carriers  of  information,  including,  without   limitation,
27    books,    serial   publications,   periodicals,   microforms,
28    graphics, audio or video  recordings,  and  machine  readable
29    data files.
30    (Source: P.A. 89-188, eff. 7-19-95.)