(30 ILCS 605/7) (from Ch. 127, par. 133b10)
Sec. 7. Disposition of transferable property.
(a) Except as provided in subsection (c), whenever a responsible officer
considers it advantageous to
the State to dispose of transferable property by trading it in for
credit on a replacement of like nature, the responsible officer shall
report the trade-in and replacement to the administrator on forms furnished
by the latter. The exchange, trade or transfer of "textbooks" as defined in
Section 18-17 of the School Code between schools or school districts pursuant
to regulations adopted by the State Board of Education under that Section
shall not constitute a disposition of transferable property within the
meaning of this Section, even though such exchange, trade or transfer
occurs within 5 years after the textbooks are first provided for loan
pursuant to Section 18-17 of the School Code.
(b) Except as provided in subsection (c), whenever it is deemed
necessary to dispose of any item of
transferable property, the administrator shall proceed to dispose of the
property by sale or scrapping as the case may be, in whatever manner he
considers most advantageous and most profitable to the State.
Items of transferable property which would ordinarily be scrapped and
disposed of by burning or by burial in a landfill may be examined and a
determination made whether the property should be recycled. This
determination and any sale of recyclable property shall be in accordance
with rules promulgated by the Administrator.
When the administrator determines that property is to be disposed of
by sale, he shall offer it first to the following entities for purchase at an appraised
value: (1) municipalities, counties, and school districts of |
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(2) charitable, not-for-profit educational and public
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| health organizations, including but not limited to medical institutions, clinics, hospitals, health centers, schools, colleges, universities, child care centers, museums, nursing homes, programs for the elderly, food banks, State Use Sheltered Workshops and the Boy and Girl Scouts of America;
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(3) minority-owned businesses, as defined in Section
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| 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; and
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(4) qualified veteran-owned small businesses, as
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| defined in Section 45-57 of the Illinois Procurement Code.
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Notice of inspection or viewing dates and property lists
shall be distributed in the manner provided in rules and regulations
promulgated by the Administrator for that purpose.
Electronic data processing equipment purchased and charged to
appropriations may, at the discretion of the administrator, be sold, pursuant
to contracts entered into by the Director of Central Management Services or
the heads of agencies exempt from "The Illinois Purchasing Act". However
such equipment shall not be sold at prices less than the purchase cost
thereof or depreciated value as determined by the administrator. No
sale of the electronic data processing equipment and lease to the State
by the purchaser of such equipment shall be made under this Act unless
the Director of Central Management Services finds
that such contracts are financially advantageous to the State.
Disposition of other transferable property by sale, except sales
directly to local governmental units, school districts, and not-for-profit
educational, charitable and public health organizations, shall be subject
to the following minimum conditions:
(1) The administrator shall cause the property to be
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| advertised for sale to the highest responsible bidder, stating time, place, and terms of such sale at least 7 days prior to the time of sale and at least once in a newspaper having a general circulation in the county where the property is to be sold.
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(2) If no acceptable bids are received, the
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| administrator may then sell the property in whatever manner he considers most advantageous and most profitable to the State.
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(c) Notwithstanding any other provision of this Act, an agency covered
by this Act may transfer books, serial publications, or other library
materials that are transferable property, or that have been withdrawn from the agency's library collection through a regular collection evaluation process, to any of the following entities:
(1) Another agency covered by this Act located in
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(2) A State supported university library located in
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(3) A tax-supported public library located in
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| Illinois, including a library established by a public library district.
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(4) A library system organized under the Illinois
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| Library System Act or any library located in Illinois that is a member of such a system.
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(5) A non-profit agency, located in or outside
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A transfer of property under this subsection is not subject to the
requirements of subsection (a) or (b).
In addition, an agency covered by this Act may sell or exchange books, serial publications, and other library materials that have been withdrawn from its library collection through a regular collection evaluation process. Those items may be sold to the public at library book sales or to book dealers or may be offered through exchange to book dealers or other organizations. Revenues generated from the sale of withdrawn items shall be retained by the agency in a separate account to be used solely for the purchase of library materials; except that in the case of the State Library, revenues from the sale of withdrawn items shall be deposited into the State Library Fund to be used for the purposes stated in Section 25 of the State Library Act.
For purposes of this subsection (c), "library materials" means physical
entities of any substance that serve as carriers of information, including,
without limitation, books, serial publications, periodicals, microforms,
graphics, audio or
video recordings, and machine readable data files.
(d) Notwithstanding any other provision of this Act, the Director of the Illinois State Police may dispose of a service firearm or police badge issued or previously issued to a retiring or separating State Police officer as provided in Section 17b of the Illinois State Police Act. The Director of Natural Resources may dispose of a service firearm or police badge issued previously to a retiring Conservation Police Officer as provided in Section 805-538 of the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois. The Director of the Secretary of State Department of Police may dispose of a service firearm or police badge issued or previously issued to a retiring Secretary of State Police officer, inspector, or investigator as provided in Section 2-116 of the Illinois Vehicle Code. The Office of the State Fire Marshal may dispose of a service firearm or badge previously issued to a State Fire Marshal Arson Investigator Special Agent who is honorably retiring or separating in good standing as provided in subsection (c) of Section 1 of the Peace Officer Fire Investigation Act.
(Source: P.A. 102-538, eff. 8-20-21; 103-244, eff. 6-30-23.)
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