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Public Act 096-0498


 

Public Act 0498 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0498
 
HB0049 Enrolled LRB096 03213 JAM 13230 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Library Act is amended by changing
Section 25 as follows:
 
    (15 ILCS 320/25)
    Sec. 25. State Library Fund; disposition of moneys
received. Any moneys received by the State Library for
reimbursement for lost or damaged books, from the sale of
withdrawn library materials as provided in subsection (c) of
Section 7 of the State Property Control Act, for photocopies,
or as transfers from other funds and any monetary gifts or
bequests provided to the State Library shall be deposited into
the State Library Fund, a special fund hereby created in the
State treasury. Moneys in the State Library Fund, subject to
appropriation, may be expended by the State Librarian to
increase the collection of books, records, and holdings; to
hold public forums; to purchase equipment and resource
materials for the State Library; and for the upkeep, repair,
and maintenance of the State Library building and grounds.
(Source: P.A. 93-397, eff. 1-1-04.)
 
    Section 10. The State Property Control Act is amended by
changing Section 7 as follows:
 
    (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
municipalities, counties, and school districts of the State and
to charitable, not-for-profit educational and public 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, for
purchase at an appraised value. 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
    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.
        (2) If no acceptable bids are received, the
    administrator may then sell the property in whatever manner
    he considers most advantageous and most profitable to the
    State.
    (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 located in Illinois:
        (1) Another agency covered by this Act located in
    Illinois.
        (2) A State supported university library located in
    Illinois.
        (3) A tax-supported public library located in
    Illinois, including a library established by a public
    library district.
        (4) A library system organized under the Illinois
    Library System Act or any library located in Illinois that
    is a member of such a system.
        (5) A non-profit agency, located in or outside
    Illinois.
    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.
(Source: P.A. 89-188, eff. 7-19-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009