AUTHORITY: Implementing and authorized by Sections 67.15 and 67.22 of the Civil Administrative Code of Illinois [20 ILCS 405/67.15 and 67.22] and Sections 1 through 7, 8 and 9 of the State Property Control Act [30 ILCS 605/1-7, 8 and 9].

SOURCE: Adopted at 7 Ill. Reg. 9170, effective June 22, 1983; codified at 8 Ill. Reg. 17254; emergency amendment at 11 Ill. Reg. 2909, effective January 29, 1987, for a maximum of 150 days; amended at 12 Ill. Reg. 10671, effective June 14, 1988; emergency amendment at 14 Ill. Reg. 8714, effective May 15, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 15775, effective September 17, 1990; amended at 16 Ill. Reg. 17595, effective November 9, 1992; amended at 22 Ill. Reg. 6931, effective April 6, 1998; recodified Title of the Part at 39 Ill. Reg. 5903; amended at 40 Ill. Reg. 7569, effective May 6, 2016; amended at 43 Ill. Reg. 5637, effective May 3, 2019.

SUBPART A: GENERAL

 

Section 5010.100  Authority (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 7569, effective May 6, 2016)

 

Section 5010.105  Definitions

 

a)         Administrator means the Director of the Department of Central Management Services.

 

b)         Department means the Department of Central Management Services.

 

c)         Equipment means all tangible personal property of a non-consumable nature for the purpose of this part.  All livestock acquired for purposes other than slaughter are equipment.

 

d)         Nominal value means the value of an item as defined by Section 6.02 of the State Property Control Act [30 ILCS 605/6.02].

 

e)         Priority Agencies means municipalities and units of local government, 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.

 

(Source:  Added at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.110  Policy

 

a)         The Department of Central Management Services (CMS) shall regulate the accountability and control of all State-owned tangible personal property.

 

b)         The Department shall regulate the disposal of all State-owned tangible personal property.

 

c)         When economically practical, the Department shall supply transferable equipment to State agencies at no cost in lieu of the purchase of new items.

 

d)         When items cannot be transferred, the Department shall sell the property, offering it first to Priority Agencies and then to the general public.

 

e)         The Department shall regulate the disposal and sale of scrapped State property.

 

f)         The Director of the Department of Central Management Services shall have the power to grant exceptions to this Part.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.120  Applicability

 

a)         This Part applies to any activity of the Department of Central Management Services pertaining to the supervision, accountability, control and disposal of State-owned tangible personal property.

 

b)         This Part applies to all State agencies.  For the purposes of this Part, the term "State Agency" means and includes:

 

1)         all elected State officers;

 

2)         directors of the executive code departments;

 

3)         presidents of universities and colleges;

 

4)         chairmen of executive boards, bureaus and commissions;

 

5)         all other officers in charge of the property of the State; and

 

6)         subordinates of responsible officers deputized to carry out the responsible officer's duties.

 

c)         This Part applies to all tangible personal property owned by the State.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART B: MARKING AND INVENTORY OF STATE PROPERTY

 

Section 5010.200  Definition of Equipment

 

a)         For the purpose of this Part, equipment means all tangible personal property of a non-consumable nature.

 

b)         All livestock acquired for purposes other than slaughter are equipment.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.210  Marking of State-Owned Equipment

 

a)         The agencies are responsible for marking each piece of State-owned equipment in their possession to indicate that it is the property of the State of Illinois.

 

b)         The marking may be applied by using the agency's inventory decal or by indelibly marking the property.

 

c)         Equipment with a value that is greater than the nominal value and equipment that is subject to theft with a value less than that nominal value must be marked with a unique identification number to be assigned by the agency holding the property.  The Administrator has determined that all agencies shall consider all vehicles and firearms to be subject to theft.  Additionally, each agency is responsible for adopting policies clearly delineating categories of equipment considered to be subject to theft.

 

1)         The identification number may be applied by using the agency's inventory decal or by indelibly marking the number on the property.

 

2)         The identification number shall be affixed to the property in a general area easily located by all and in no danger of being damaged.

 

3)         When equipment consists of several pieces that are likely to be used separately (e.g., tool sets), each piece shall be marked in a manner that the identification number is not easily removed.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.220  Inventory of Equipment

 

All equipment with an acquisition value greater than the nominal value and equipment that is subject to theft with a value less than that nominal value must be reported to CMS by the holding agency.  Equipment with an acquisition value of less than the nominal value that is not subject to theft is not subject to reporting; however, agencies will be responsible for establishing and maintaining internal control over these items.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.230  Required Entries on Inventory Records

 

The following items must be entered on all agency records and provided by the agencies for Department records:

 

a)         Identification Number;

 

b)         Location Code Number;

 

c)         Description;

 

d)         Date of Purchase;

 

e)         Purchase Price;

 

f)         Object Code; and

 

g)         Voucher Number.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.240  Definition of Required Entries

 

a)         Identification Number

The identification number required for inventory records is the six-digit number previously submitted to CMS, or another numbering format compatible with the format used by CMS, marked on all items of State equipment.

 

b)         Location Code Numbers

 

1)         At least one location code is assigned to each State agency.  Agencies must use the proper location code for reporting the location of equipment.

 

2)         Location codes shall consist of a 10-digit number divided into three groups of digits separated by dashes.  Example:  35001-001-02.

 

A)        The first digit group (35001) shall be the same as the appropriation number assigned to the reporting agency by the Comptroller.

 

B)        The next two groups (001) (02) shall be assigned by the reporting agency as required by the recording system.  The system shall be subject to review by and approval of the Department based on the total number of items and types of equipment in a location code.

 

c)         Description of Equipment

 

1)         The inventory description of equipment shall be as brief as possible and shall not exceed a maximum of 41 characters (including spaces between words).  If an object has a serial number, the serial number must be listed.

 

2)         The inventory description shall be written in the following form:  principal name of the property, necessary descriptive words and/or measurements, serial number.  (Examples:  Desk, executive, steel, gray, 30" x 58"; typewriter, IBM, #48-307-582)

 

3)         If the equipment is at least 40 years old and has historic value or is of special interest culturally, scientifically or otherwise, the inventory description shall note that the property in question is antique.

 

d)         Date of Purchase

 

1)         The date of purchase of equipment shall be designated on inventory records by a four-digit number.  (Example:  For January 1975, 0175; only the month and year need be reported)

 

2)         When the date of purchase is unknown, agencies shall report the number 9950.

 

e)         Purchase Price

 

1)         Agencies must report the purchase price of equipment inventoried.  The purchase price is the price of the equipment delivered and installed (i.e., including delivery and installation costs, if any).

 

2)         If equipment is acquired by trade-in, the value of any items traded in shall not be used to reduce the purchase price, except as otherwise provided in Sections 5010.320(i), 5010.700, 5010.730(c)(3), 5010.1100 and 5010.1240(a).

 

3)         If equipment is acquired by gift, donation or any other means other than by purchase, the value of the equipment shall be reported as its estimated fair value.

 

f)         Object Code

 

1)         All equipment must have the object codes recorded on inventory reports.

 

2)         The object code is a four-digit number that is the same number as entered on line 18 (expenditure object code) on the invoice voucher form. Object codes are also listed in Section 11 of the Statewide Accounting Management System (SAMS) Manual.

 

g)         Voucher Number

The voucher number is the number assigned by the reporting agency to the invoice voucher used to acquire the equipment being reported.  If the equipment was not acquired by an invoice voucher, or if the voucher number is not known, indicate all zeros.  If the equipment was acquired as a gift, state "gift".

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.250  Demolition

 

a)         Demolition is the destruction of fixed improvements to real property.

 

b)         Prior to demolishing an improvement, agencies shall obtain written permission from the Department.

 

c)         Permission will be granted when the demolition is necessary to an agency's program needs or the improvement to be demolished has reached the end of its useful economic life, based upon the information set forth in the agency's request.

 

1)         Scrap may be awarded to demolition contractor in exchange for the value of scrap being deducted from the cost of the demolition contract;

 

2)         Scrap may be sold at public auction;

 

3)         If the scrap is of no value, it shall be disposed of in a proper manner.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.260  Cannibalization

 

a)         Cannibalization is the utilization of the parts of one piece of equipment to repair another piece of equipment.

 

b)         An agency wishing to cannibalize a piece of equipment shall obtain written permission to do so from the Department.

 

c)         Permission will be granted if cannibalization represents an economical utilization of the property to be cannibalized, based upon the information set forth in the agency's request.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART C: PROPERTY REPORTING SYSTEM

 

Section 5010.300  Property Change Report (Repealed)

 

(Source:  Repealed at 12 Ill. Reg. 10671, effective June 14, 1988)

 

Section 5010.310  Transaction Codes

 

a)         The following code numbers shall be used to record a transaction that adds equipment to an agency's inventory.

 

Code	Description of Transaction
01	Acquired New
03	Received on Transfer
09	Adjust Inventory
10	Omitted from Inventory
11	Purchased on Installment Basis

 

b)         The following code numbers shall be used to record a transaction that removes equipment from an agency's inventory.  Code number 20 shall cause a piece of equipment to be removed from the agency's inventory, adjusted, and then replaced on the agency's inventory.

 

Code	Description of Transaction
20	Additions
22	Deletions
23	Demolition (buildings)
24	Not Located
25	Stolen
26	Scrapped
27	Cannibalize for Parts
28	Scrap Pile
30	Slaughtered for Food
31	Correctional Industries
32	Sold
34	Trade-In
36	Transferred − Within Assigned Agency
38	Transferred − Outside of Agency
40	Surplus Warehouse

 

c)         The following documentation will be required for certain deletions from an agency inventory:

 

Code	Transaction Description	Documentation
22	Deletion	Memorandum detailing reasons for deletion from inventory
23	Demolition	Copy of CMS authorization to demolish structure
24	Not Located	Copy of internal investigation detailing efforts made to locate missing item and/or copy of police report.
25	Stolen	Copy of police report
26	Scrapped	Copy of CMS authorization to scrap on-site
27	Cannibalize	Copy of CMS authorization to cannibalize for parts
28	Scrap Pile	Copy of CMS authorization to scrap on-site
31	Correctional Industries	Copy of signed receipt by Correctional Industries Superintendent
32	Sold	Copy of CMS authorization to sell
34	Trade-In	Copy of CMS authorization to trade
40	Transferable Property	Copy of signed receipt for property delivered to or picked up by CMS warehouse personnel

 

d)         All deletions from agency property records except codes 36-38 (transfer within and outside of the agency) must be approved by the Department prior to completing the transaction.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.311  Loss of Value

 

For purposes of determining depreciation as it pertains to the nominal value of an item, value shall be determined by the agency using prevailing industry standards and based on the condition of the property.  All determinations must be approved by the Administrator prior to removal by the agency of the item from its property records.

 

(Source:  Added at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.320  Vehicle Reporting

 

Vehicle additions, changes and deletions must be made to agency property systems within 30 days after the physical transaction.  Vehicle inventories must include the following information:

 

a)         Identification Number.  Agencies under the jurisdiction of the Governor shall use the vehicle equipment number assigned by the Department as the identification number for inventory purposes. Other agencies shall use their own vehicle numbers in their sequential order.

 

b)         Location Code.

 

c)         Transaction Code.  The following two-digit numbers shall be used to describe the type of transaction:

 

Code	Description of Transaction
01	Acquired New
03	Received on Transfer
09	Adjusted Inventory
10	Omitted from Inventory
20	Additions
22	Deletions
32	Sold
34	Trade-In
36	Transfer  Within Assigned Agency (first digit group of location code same)
38	Transfer  Outside of Agency (first digit group of location code different)
21	Change Serial # and Vehicle Code

 

d)         Vehicle Code.  The following abbreviations shall be used to designate vehicle type:

 

Type	Abbreviation
Car	CAR
Truck	TRK
Trailer	TRL
Aircraft	AIR
Other	OTH

 

e)         Year.  Model year shall be reported by listing the last two digits of the year the vehicle was manufactured (Example:  For 1975, 75).

 

f)         Make.  Make shall be designated by the manufacturer's name, which may be abbreviated (Example:  For Chevrolet, CHEV).

 

g)         Type.  Type is the body style of the reported vehicle.

 

h)         Purchase Date.  Purchase date shall be reported as the invoice voucher date stated on the State of Illinois Voucher (C-13).

 

i)          Purchase Price.  Purchase price shall be reported as the amount indicated on the invoice voucher form.  If part of the purchase price was paid by a trade-in, the purchase price reported shall include the dollar value received for the trade-in.

 

j)          Object Code.  The following four-digit code shall be used to report the appropriation used to acquire the vehicle:

 

Code	Vehicle
1521	Car
1522	Truck
1540	Other
1599	Unknown

 

k)         Voucher Number.  This number is the number assigned to the invoice voucher used by the reporting agency.

 

l)          Serial Number.  The vehicle identification number assigned by manufacturer is the number located in the lower left windshield area.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART D: INVENTORY REQUIREMENTS

 

Section 5010.400  Equipment Inventory Reporting

 

Except as otherwise provided in Section 5010.320, agencies shall adjust property records within 90 days after acquisition, change or deletion of equipment items.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.410  Types of Inventory

 

The Department requires all agencies to perform two types of inventories of equipment.

 

a)         The annual inventory shall be used to report all items of equipment in the possession of an agency. It will serve as the basis for the annual certification to the Department.

 

b)         Inventory of an agency or facility scheduled for closure or cessation of operations.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.420  Report of Equipment Acquired through Central Management Services (Repealed)

 

(Source:  Repealed at 12 Ill. Reg. 10671, effective June 14, 1988)

 

Section 5010.430  Report of Equipment not Acquired through Central Management Services (Repealed)

 

(Source:  Repealed at 12 Ill. Reg. 10671, effective June 14, 1988)

 

Section 5010.435  Report of Equipment Purchased on the Installment Plan

 

a)         All equipment purchased on the installment basis shall be reported on the Comptroller's Agency Report of State Property and shall be handled as described in the SAMS Manual, Section 29.10.30.

 

b)         All equipment subject to inventory acquired on an installment basis and reported on the Agency's Report of State Property must be reported to the Department for inventory purposes.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.440  Fund Codes Used on Agency Report of Acquired New Properties and Additions Form

 

The following code shall be used on "Agency Report of Acquired New Properties and Additions" form to indicate the type of funds used to acquire the equipment being reported:

 

Code #	Type of Fund
1	Revenue Bond Issue
2	Trust Funds
3	Federal Funds
4	Gifts
5	Auxiliary Enterprises
6	Revolving Fund
7	Agency Fund
8	Other

 

 

Section 5010.450  Monthly Inventory (Repealed)

 

(Source:  Repealed at 12 Ill. Reg. 10671, effective June 14, 1988)

 

Section 5010.460  Annual Inventory

 

a)         All agencies are required to make an annual physical inventory of State equipment in their possession.

 

b)         Agencies shall maintain control over all property under the jurisdiction of the agency, regardless of acquisition cost, including property not required to be carried on inventory and reported to the Department, sufficient to meet the requirements of that agency's internal auditor.

 

c)         Agencies shall provide the Department, on an annual basis, a listing of all equipment items with a value greater than the nominal value, and equipment that is subject to theft with a value less than the nominal value.

 

d)         All inventory checks must include 100% of all State equipment subject to being reported to the Department as required by Section 5010.220(a).  Both the location code and the identification number of each item of equipment must be verified.

 

e)         Requests to conduct partial inventories must be approved by the Department.

 

1)         If, because of its size, its number of personnel, and/or the type and location of equipment to be inventoried, it is not practical for an agency to take a 100% inventory, that agency may submit a plan to the Department for taking a series of partial inventories.

 

2)         All plans for partial inventory must be structured to make it possible for the agency to complete a 100% inventory of its State-owned property in a four-year period.

 

3)         All plans for partial inventory are subject to the prior approval of the Department.  Written approval shall be granted if the standards specified in this Section are met.

 

f)         When an agency completes its inventory, the agency head or his or her designee shall complete and sign the "Certification of Inventory" and "Discrepancy Report" and forward the completed certificate, with a complete inventory listing, including a listing of all vehicles, to the Department.

 

g)         Agencies shall notify the Department of changes in the position of the responsible officer.  Whenever a change is made in the position of the responsible officer, the Department shall be notified.  The agency shall generate a master listing of property under the jurisdiction of the responsible officer for verification and certification to the Department of Central Management Services.

 

h)         Agencies shall submit a copy of the agency's internal property control procedures for the review of the Department.  Changes and/or updates of the procedures shall also be submitted to the Department as they become effective.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.470  Reporting "On Location" Equipment for Annual Inventory Report

 

a)         Agencies may report "on location" for equipment that is on loan or in the possession of someone off the agency's premises with the agency's permission during the inventory. Agencies wishing to make "on location" reports shall obtain written authorization from the Department.  The Department may also delegate "on location" authority upon request from the executive head of the agency to the Administrator based on the programmatic requirements of the agency.

 

b)         All "on location" reports are subject to the following restrictions:

 

1)         All "on location" reports must be verified to the responsible officer through a signed report by the person in possession of the equipment.

 

2)         All "on location" reports are subject to verification tests made by the Department.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.480  Reporting U.S. Property on Annual Inventory

 

a)         All equipment marked "Property of U.S. Government" or "U.S. Property" and having a value of more than $3,000 must be checked by the possessing agency for compliance with the regulations of the State Plan for the use of federal surplus property as well as being checked on the State Annual Inventory.  (See Federal Surplus Property:  Illinois State Plan, State Agency for Federal Surplus Property (44 Ill. Adm. Code 5020)).

 

b)         Equipment whose title is vested in the U.S. Government is not subject to inventory by the Department; however, the equipment must be maintained on agency inventory records.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.485  Inventories of Facilities Scheduled for Closure

 

a)         A complete inventory of all equipment of a facility scheduled for closure shall be taken by the operating agency six months prior to the scheduled date of closure.

 

b)         An inventory of the facility shall be taken again by the operating agency as close as possible to the date of closure.  All changes in inventory, including transfers and deletions, shall be accounted for with sufficient documentation to support the action.

 

c)         Failure to make such an inventory shall constitute a lack of "proper and orderly shutdown" as required by 44 Ill. Adm. Code 5000.770.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.490  Discrepancies

 

a)         Agencies must report all discrepancies between the previous certificate of inventory certification and the current inventory to the Department.

 

b)         Agencies shall be allowed a reasonable amount of time for searches for overlooked items in order to resolve discrepancies.

 

c)         Newly acquired property purchased within 90 days prior to the inventory shall not be reported as a discrepancy.

 

d)         Discrepancy ratios shall be calculated as follows:  percentage of discrepancy equals total value of discrepancies divided by value of total inventory minus lands and improvements.

 

e)         Discrepancy rates shall be computed using the total purchase price of equipment items.  Purchase prices for buildings, land and improvements shall not be included in discrepancy figures.

 

f)         The Department requires the following actions in the presence of unusually large discrepancies:

 

1)         re-examination of inventory and a written explanation; and/or

 

2)         on-site investigation.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.500  Evidence of Theft Found During Annual Inventory

 

If an agency uncovers evidence of theft of State property during an inventory or at any other time, that evidence shall be immediately reported  to the Department and, for agencies under the jurisdiction of the Governor, to the Department of State Police (DSP).  Other agencies, boards, commissions and universities shall report thefts to local law enforcement officials or internal law enforcement officials.  Thefts of federal property shall be reported to the General Services Administration.  A copy of any police report regarding the theft shall be forwarded to the Department and, for agencies under the jurisdiction of the Governor, to DSP.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.510  Property Control Information Processed on Electronic Media

 

a)         Agencies can, at their option, request permission to submit annual inventory listings to the Department on electronic media. Permission shall be granted unless the submission of information does not comply with subsection (b).

 

b)         Any reports submitted on electronic media shall use a format compatible with that used by the Department.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.520  Access to Automated Property Control Systems

 

Agencies maintaining property control information on automated systems shall make the system available to the Department only for on-line inquiry and review of agency inventory information.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART E: TRANSFERABLE EQUIPMENT

 

Section 5010.600  Definition of Transferable Equipment

 

Transferable equipment is State-owned equipment that is no longer needed and/or useful to the agency currently in possession of it.  Property will normally be designated as transferable by the agency holding possession. Disputes as to whether property is transferable will be resolved by the Administrator.  Determination by the Administrator will be based on:

 

a)         value of property;

 

b)         type of property;

 

c)         current use of property by possessing agency; and

 

d)         other potential use for property.  (See 30 ILCS 605/7.3.)

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.610  Disposal of Transferable Equipment

 

a)         The disposal of State-owned transferable equipment is the responsibility of the Department. State agencies may not dispose of transferable equipment without the knowledge and approval of the Department.  Approval shall be conditioned upon compliance with this Subpart E.

 

b)         Transferable equipment that is still serviceable shall be disposed of:

 

1)         by trading in the equipment on replacements of a like nature;

 

2)         by offering the equipment for the use of any State agency;

 

3)         by sale to Priority Agencies;

 

4)         by sale to the general public.

 

c)         Transferable equipment that is no longer serviceable shall be scrapped.  Scrap having a market value shall be sold.

 

d)         The disposal of surplus State-owned motor vehicles and electronic data processing equipment is subject to Subparts G and H.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.620  Report of Transferable Equipment

 

a)         All agencies shall regularly survey their inventories for transferable equipment and report any such equipment to the Department.

 

b)         Transferable equipment shall be reported to the Department by one of the following methods:

 

1)         if the equipment is listed on the reporting agency's inventory, the report shall be made by submitting a property change report to the Department; or

 

2)         if the equipment is not listed on the agency's inventory, the agency shall notify the Department by letter.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.630  Moving and Storage of Transferable Equipment

 

a)         Reporting agencies are responsible for moving transferable equipment to locations designated by the Department.

 

b)         Normally, transferable equipment shall be moved to the State Surplus Warehouse in Springfield or to another designated State agency.

 

c)         If moving of items of transferable equipment would impose an unreasonable expense or risk on the State, the possessing agency may submit a request in writing to the Department requesting permission to dispose of the property at its current location.

 

d)         The possessing agency is responsible for moving transferable equipment to its new location.  If special circumstances exist (including, but not limited to, the lack of appropriation, lack of transportation or need for special handling) that make it impossible for the possessing agency to move the equipment, the agency may request the Department to provide alternative transportation.  If the Department is unable to provide alternative transportation, it will arrange for on-site disposal.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.640  Agency Requests for Transferable Equipment

 

a)         Transferable equipment shall be made available by the Department to all State agencies on a "first come, first served" basis.

 

b)         Agencies submitting requests for this equipment may submit "want lists" to the Department.  Agencies shall be notified of the availability of the requested transferable equipment as it becomes available and shall be given priority in assignment of the equipment.

 

c)         If two or more agencies request the same piece of transferable equipment, the Department shall award the property to the agency whose use of the equipment will be of the greatest social and economical benefit to the State.  The decision of the Department is final.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.650  Holding Time for Transferable Equipment

 

Transferable equipment will be held at the State Surplus Warehouse for at least 30 days before being offered for sale.  The Department will waive the 30 day waiting period if a quicker sale will maximize return to the State.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.660  Sale of Transferable Equipment

 

a)         In the event that an item of transferable equipment is not wanted by any State agency, it shall be disposed of by sale.

 

b)         All transferable equipment that is to be sold shall be offered:

 

1)         first, to Priority Agencies; and

 

2)         then, to the general public.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.670  Sale of Transferable Equipment to Illinois Priority Agencies

 

a)         All transferable equipment that is offered for sale shall be offered:

 

1)         first, to Illinois Priority Agencies; and

 

2)         then, to other buyers.

 

b)         Equipment shall be sold to Illinois Priority Agencies at its appraised value.

 

c)         Sales shall be made on a "first come, first served" basis.  "Tie" requests will be awarded based on the intended use of the property and the ability of the Illinois Priority Agencies to obtain the property elsewhere.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.680  Trade-Ins

 

a)         Transferable equipment may be "traded in" by agencies as part of the purchase price of new equipment of a "like nature".

 

b)         "Like nature" means items that are of the same type or so closely related in structure, quality or use as to be the same type as the equipment traded.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.690  Trade-In Procedure

 

a)         All agencies wishing to trade in transferable equipment must notify the Department in writing of their intentions.

 

b)         The written notification must contain:

 

1)         a full description of the equipment to be traded in, including the date purchased, inventory number, and serial number, if applicable;

 

2)         a full description of the new equipment the agency is seeking to obtain;

 

3)         the name of the person or business accepting the trade-in;

 

4)         the cost of the new item; and

 

5)         the value allowed on the trade-in.

 

c)         The Department willthen approve or disapprove the request.  Approval will be granted when the requested trade-in is economically advantageous to the State.

 

d)         If the trade-in is approved, the agency making the trade-in shall submit a completed Property Change Report Form to the Department, noting a transaction code 34.

 

e)         To allow for year end processing, an extra 30 day time period for reporting trade-in transactions shall be granted by the Department.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.700  Exceptions to Trade-In Procedure

 

a)         Certain equipment is exempt from the standard trade-in procedures. Such equipment includes:

 

1)         motor vehicles (see Subpart VII); and

 

2)         equipment purchased from sources other than the General Revenue Fund.

 

b)         Any questions about exempt equipment should be directed to the Department.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.710  Determination of Appraised Value

 

a)         For purposes of a sale of equipment to Priority Agencies, the appraised value shall be determined by the Administrator using prevailing industry standards and based on the condition of the property.

 

b)         Scrap metal shall be priced at its cash market price at the time of sale.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.720  Notice of Sales of Transferable Equipment

 

a)         Notice of sales of transferable equipment shall be given to local Illinois government, Illinois school districts, and not-for-profit educational, charitable and public health organizations by means calculated to alert the largest number of prospective buyers.

 

b)         Notices of sales shall list items for sale, condition, price, terms of sale and date and place of sale.

 

c)         In the absence of a security or safety risk making inspection impracticable, equipment offered for sale shall be made available for inspection following circulation of the notice of sale.

 

(Source:  Amended at 14 Ill. Reg. 15775, effective September 17, 1990)

 

Section 5010.730  Terms of Sale to Priority Agencies

 

a)         Equipment must be paid for at the time of sale by check drawn on the account of the purchasing Priority Agency.

 

b)         All equipment is sold "as-is", "where-is".  The State specifically withholds all implied or express warranties.

 

c)         Equipment purchased by Priority Agencies may not be subsequently disposed of except:

 

1)         to sell or transfer the equipment to another Illinois Priority Agency;

 

2)         as a trade-in on like equipment, subject to the same procedures on trade-in with which State agencies must comply; or

 

3)         with the written permission of the Administrator.  Permission will be granted if the equipment becomes unusable, unsafe or obsolete.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.740  Public Sale of Transferable Equipment

 

In the event that an item of transferable equipment cannot be disposed of by transfer to a State agency or by sale to a unit of local government in Illinois, Illinois school districts, and not-for-profit educational, charitable and public health organizations, the equipment shall be offered for sale to the general public.

 

(Source:  Amended at 14 Ill. Reg. 15775, effective September 17, 1990)

 

Section 5010.750  Method of Sale

 

a)         All transferable equipment sold to the public shall initially be offered for sale to the highest bidder.

 

b)         The type of bidding procedure chosen for the sale shall be based on the amount, type and value of the property; applicable industry practices and any other appropriate considerations, including safety and security.

 

Section 5010.760  Frequency of Sales

 

a)         Frequency of public sales of transferable equipment shall be determined by Property Control Division.

 

b)         Property Control Division shall schedule sales in order to maximize the benefits that the State derives from such sales.

 

Section 5010.770  Notice of Public Sales

 

a)         All public sales shall be advertised at least once in a secular newspaper having general circulation in the county where the sale is to take place.

 

b)         Notices of sales shall give a description of the equipment offered for sale and list any general or special conditions of the sale.

 

Section 5010.780  Terms of Public Sale

 

a)         The State reserves the right to refuse any or all bids.

 

b)         The State reserves the right to waive formalities in bidding.

 

c)         All equipment is sold "as is", "where is".  The State specifically withholds any and all implied or express warranties on any equipment sold. No refunds will be granted on equipment or vehicle sales.

 

d)         All sales at auctions shall be made on a cash basis.

 

1)         Payment shall be made by cash, credit card, check or money order payable to the Surplus Property Revolving Fund.

 

2)         Payment shall be made immediately after the sale, except in the case of a sale of scrap by weight.  In that case, payment is to be made as soon as practical after receiving a weight ticket for the scrap.

 

e)         Public sales shall be conducted in accordance with the bidding provisions set forth in the CPO-GS Procurement Rules (44 Ill. Adm. Code 1).

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.790  Alternative Methods of Sale

 

In the event that an item of transferable property is offered for sale and no sale is made, the Department will ensure that these items of property ordinarily scrapped or disposed of by burning or by burial in a landfill will be examined to determine if the items can be recycled by the method determined to result in the greatest financial or social advantage to the State.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.800  Proceeds of Sales of Transferable Equipment

 

a)         All proceeds collected by the Property Control Division from the sale of transferable equipment shall be deposited in the State Surplus Property Revolving Fund.

 

b)         In the event the General Assembly has authorized another fund to receive the proceeds of such sale, the Property Control Division shall retain sufficient proceeds to cover the cost of disposal.

 

(Source:  Amended at 12 Ill. Reg. 10671, effective June 14, 1988)

SUBPART F: SCRAP SALES AND PROCEDURES

 

Section 5010.900  Scrapping of State-Owned Equipment

 

In certain instances, the re-sale value of the equipment may be so low or its condition may be so poor as to warrant scrapping.

 

Section 5010.910  Criteria for Scrapping

 

Equipment shall be scrapped if:

 

a)         the equipment in question is damaged beyond repair;

 

b)         the equipment in question is so severely damaged that it is not economically practical to repair it; or

 

c)         if the value of the equipment in question is so low that it is not economically practical to ship it for redistribution or offer it for sale.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.920  Permission to Scrap

 

a)         No item of equipment valued at $100 or more may be scrapped without the permission of the Department.

 

b)         An agency's request to scrap equipment must include:

 

1)         type of equipment;

 

2)         value;

 

3)         condition; and

 

4)         reason for scrapping.

 

c)         Permission to scrap will be granted if, in the judgment of the Department, the criteria in Section 5010.910 have been met.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.930  Scrapping Under Special Circumstances

 

a)         Under special circumstances, equipment that would otherwise be transferred or sold may be scrapped, if scrapping offers the greatest economic advantage to the State.

 

b)         Agencies wishing to scrap this equipment must apply in writing to the Department for permission.  The agency's application must contain a description of the type and condition of the equipment to be scrapped and an explanation of how the State would benefit more from scrapping than from sale or transfer.

 

c)         No equipment that would ordinarily be sold or transferred may be scrapped without the express written permission of the Director of Central Management Services.  Permission to scrap these items shall be given on a case-by-case basis.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.940  Method of Disposal

 

When an agency is authorized to scrap equipment, it shall be disposed of in the following manner:

 

a)         Scrap made of wood or paper may be burned or otherwise properly disposed of.

 

b)         Chemicals, plastics and other non-metallic scrap for which there is no market should be disposed of in a proper manner.

 

c)         Recyclable scrap shall be separated by type and retained until a sufficient quantity of scrap is collected to justify offering it for sale.

 

Section 5010.950  Sale of Scrap

 

a)         Scrap shall be disposed of by selling it to the highest bidder at public sale.

 

b)         Agencies shall be authorized by Property Control Division to sell the scrap collected by the agency.  Authorization shall be granted if the criteria in Section 5010.960 are met.

 

Section 5010.960  Authorization to Sell Scrap

 

a)         When an agency accumulates a sufficient quantity of scrap to justify selling it, the agency shall request authorization from the Department to hold a scrap sale.

 

b)         All requests to hold scrap sales must include:

 

1)         general description of scrap to be offered for sale;

 

2)         approximate weight of scrap;

 

3)         location of scrap; and

 

4)         agency employee to contact to arrange for viewing.

 

c)         Agencies authorized to hold scrap sales are solely responsible for conducting the sale, including placing and paying for notices advertising the sale and receiving and opening bids.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.970  Notice of Sale

 

a)         All sales of scrap shall be advertised at least once in a secular newspaper having general circulation in the county where the property is to be sold.

 

b)         Notices shall specify type of scrap offered for sale, whether scrap is weighed or shall be weighed after bidding, location of official scales, terms of sale and any other relevant information.

 

Section 5010.980  Terms of Sales

 

a)         All scrap shall be sold by bid.

 

b)         Agencies may conduct the sale by sealed bid or by public auction.

 

c)         The selling agency is responsible for notifying the winning bidder.

 

d)         The State reserves the right to reject any and all bids.

 

e)         The State reserves the right to waive all formalities in the bidding process.

 

f)         All sales shall be conducted in accordance with the CPO-GS Procurement Rules (44 Ill. Adm. Code 1).

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.990  Payment for Scrap by Bidder

 

a)         Payment shall be made by credit card, check or money order, payable to Department of Central Management Services.

 

b)         If the scrap sold has been weighed before sale:

 

1)         the winning bidder must present payment before removing the scrap from the sale site; and

 

2)         the selling agency shall forward a copy of the bill of sale and the buyer's credit card transaction, check or money order to the Department.

 

c)         If the scrap sold has not been weighed before sale:

 

1)         immediately after the sale, the winning bidder, accompanied by a representative of the selling agency, shall transport the scrap to the nearest available scales for weighing;

 

2)         the selling agency's representative shall verify the weight tickets of the scrap when it is weighed;

 

3)         the winning bidder shall then make payment based on the verified weight; and

 

4)         the selling agency shall forward the credit card transaction, check or money order and a copy of the bill of sale to the Department.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1000  Assistance in Sales

 

Property Control Division shall provide any necessary assistance to agencies wishing to conduct a sale of scrap.

 

Section 5010.1010  Proceeds of Sale of Scrap

 

a)         The Department shall deposit all proceeds from the sale of scrap into the State Surplus Property Revolving Fund or any other fund authorized by the legislature to receive proceeds of the sale.

 

b)         Pursuant to Section 6p-3 of the State Finance Act [30 ILCS 105], if the General Assembly has authorized another fund to receive the proceeds of the sale, the Department shall retain sufficient proceeds to cover the cost of disposal.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART G: DISPOSITION OF VEHICLES

 

Section 5010.1100  Disposal of State-Owned Vehicles

 

This Subpart G applies to the disposal of all State-owned vehicles, except those traded in to a dealer for replacement vehicles and those vehicles under the jurisdiction of State colleges and universities.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1110  Vehicles to be Turned Over to the Department

 

a)         All vehicles being replaced or retired from an agency's fleet shall be turned over to the Department.  This subsection (a) does not apply to trade-ins.

 

b)         Vehicles shall remain the responsibility of the possessing agency until the vehicle is accepted by the Department.

 

c)         All towing or other charges involved in turning vehicles over to the Department shall be the responsibility of the possessing agency.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1120  Turning in Operable Vehicles

 

a)         Agencies wishing to turn in operable vehicles shall contact the Department for a turn-in location.

 

b)         The possessing agency is responsible for getting the vehicle to the designated location.  The Department will accept the vehicle at the designated location, at which time the vehicle shall become the responsibility of the Department.

 

c)         No vehicle shall be accepted unless it is accompanied by the following items:

 

1)         a set of keys;

 

2)         the State credit card assigned to the vehicle;

 

3)         a "Vehicle Acquisition & Change Report" for the vehicle, completed by the possessing agency; and

 

4)         a "Mileage Certification Form" signed by the possessing agency head or designee.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1130  Transfer of Operable Vehicles to State Agencies

 

a)         Operable vehicles shall be made available, at no charge, to all State agencies at locations designated by the Department.

 

b)         If two or more agencies request the same vehicle, the Department will award the vehicle to the agency whose use of the vehicle will be to the greatest benefit to the State.

 

c)         Agencies who desire to add a vehicle to their fleet must have the approval of the CMS Division of Vehicles, granted pursuant to CMS' 44 Ill. Adm. Code 5040  (State Vehicles and Garage).

 

d)         Surplus police pursuit vehicles are not available for inter-agency transfer.

 

1)         Unless special circumstances are involved, agencies may not request surplus police pursuit vehicles.  The Divisions of Vehicles and Property Control will review each request.  Exceptions will not be granted unless it is clear from the agency that the vehicle is necessary to carry out functions of the requesting agency.

 

2)         Reassignment of police pursuit vehicles must be approved in writing by the CMS Division of Vehicles, based on 44 Ill. Adm. Code 5040.210 (Fuel Economy Standards).

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1140  Sale of Vehicles

 

a)         All surplus vehicles not transferred to State agencies shall be offered to units of local government in Illinois, Illinois school districts, and not-for-profit educational, charitable and public health organizations for sale.

 

b)         Any such sale to a unit of local government in Illinois, Illinois school districts, and not-for-profit educational, charitable and public health organizations is subject to the same terms and restrictions as the sale of any other transferable equipment.

 

c)         Any remaining vehicles shall be sold at auction to the general public at times determined by the Property Control Division.

 

d)         Any such sale to the general public shall be subject to the same conditions as the sale of any other transferable equipment.

 

e)         All surplus vehicles shall retain a 6-digit equipment number when being transferred from agency to agency or prior to being sold at public auction.

 

(Source:  Amended at 14 Ill. Reg. 15775, effective September 17, 1990)

 

Section 5010.1150  Inoperable Vehicles

 

Inoperable vehicles are defined as those vehicles that have been determined to be totally wrecked and/or are in need of repairs for which the cost exceeds the value of the vehicle.

 

Section 5010.1160  Request for Disposal of Inoperable Vehicles

 

a)         Agencies wishing to dispose of inoperable vehicles shall contact the Division of Vehicles and request that the vehicles be disposed of.

 

b)         An agency's request for disposal shall include:

 

1)         make of vehicle;

 

2)         year;

 

3)         VIN number (Vehicle Identification Number);

 

4)         State property identification number;

 

5)         location of vehicle storage;

 

6)         name of person at storage location to contact for inspection of vehicles; and

 

7)         completed Vehicle Acquisition and Change Report form.

 

c)         Once an agency requests that an inoperable vehicle be disposed of, the agency shall not utilize the vehicle for parts, transportation or in any other manner.

 

d)         The Department shall be responsible for the on-site disposal of vehicles.

 

1)         On receipt of a request to dispose of an inoperable vehicle, the Department shall:

 

A)        remove the vehicle to be held for sale; or

 

B)        conduct an "on-site" sale of the vehicle.

 

2)         This determination of disposing of the vehicle on-site or removing the vehicle shall be based on the expense of removing the vehicle and other practical considerations.

 

e)         All vehicles will remain the responsibility of the holding agency until sold.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1170  Funds Derived from Vehicle Sales

 

a)         All funds derived from the sale of all operable and inoperable vehicles will be deposited into the State Surplus Property Revolving Fund or any other fund authorized by the legislature to receive proceeds of such sale.

 

b)         In the event the General Assembly has authorized another fund to receive the proceeds of such sale, the Property Control Division shall retain sufficient proceeds to cover the cost of disposal.

 

(Source:  Amended at 12 Ill. Reg. 10671, effective June 14, 1988)

SUBPART H: DISPOSITION OF ELECTRONIC DATA PROCESSING EQUIPMENT

 

Section 5010.1200  Disposal of Electronic Data Processing Equipment

 

All surplus State-owned Electronic Data Processing Equipment (EDP) shall be disposed of under this subpart H.  EDP equipment is defined as a machine or group of interconnected machines consisting of input, storage, computing control and output devices that use electronic circuitry in the main computing element to perform arithmetic and/or logical operations automatically by means of internally stored or externally controlled programmed instructions and associated storage media.  Examples of EDP equipment include, but are not limited to:  computer (CPU) mainframes and their peripheral input, output, storage, channel, and control devices; minicomputers, and their similar peripherals; distributed processors; data entry and inquiry devices; remote job entry devices; teleprocessing devices (controllers, cathode ray tube and typewriter terminals, etc.); small scale (microprocessor, programmable terminal, personal) computers; flat panel monitors; routers; electronic switches; cellular and digital phones; and word processing and text processing devices that are internally programmable and/or have the capability of interconnection to other computer mainframes.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1210  Agencies authorized to Dispose of Surplus EDP Equipment by Sale

 

a)         The following agencies may dispose of surplus EDP equipment by sale:

 

1)         The Department of Central Management Services.

 

2)         Any other Illinois agency exempt from the provisions of the Illinois Procurement Code [30 ILCS 500] upon receiving permission of the Director of Central Management Services.

 

b)         Agencies requesting permission to sell surplus EDP equipment shall submit a request in writing to the Director of Central Management Services.  No permission shall be granted unless the Director of Central Management Services finds the transaction financially advantageous to the State.

 

c)         The request should include:

 

1)         a general description of the equipment;

 

2)         the age and condition of the equipment; and

 

3)         the reason for disposal.

 

(Source:  Amended at 40 Ill. Reg. 7569, effective May 6, 2016)

 

Section 5010.1220  Transfer of Surplus EDP Equipment

 

a)         Before a piece of surplus EDP equipment is sold, it must first be offered for transfer to any State agency.

 

b)         State agencies wishing to dispose of EDP equipment shall notify Property Control Division so that the equipment can be offered to other State agencies.

 

c)         EDP equipment listed as transferable property by the Property Control Division shall be disposed of by sale, providing all attempts to transfer the equipment have been completely exhausted.

 

Section 5010.1230  Sale of EDP Equipment

 

a)         Agencies authorized to dispose of EDP equipment may enter into contracts for the sale of the equipment.

 

b)         The Department of Central Management Services shall negotiate sales contracts for agencies not authorized to dispose of EDP equipment.

 

Section 5010.1240  Terms of Contract

 

a)         EDP equipment shall not be sold or traded in for less than its depreciated value.  Depreciated value is based on the current fair market value associated with each item of an EDP equipment nature.

 

b)         No sale and lease-back arrangements may be contracted for unless the Administrator finds such a contract to be of clear financial advantage to the State.

 

c)         All contracts are subject to the approval of the Administrator. Approval shall be granted if criteria set by this Section are met.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1250  Payment

 

Payment for surplus EDP equipment shall be made by check or money order payable to Department of Central Management Services, Property Control Division.

 

Section 5010.1260  Proceeds from Sale of Surplus EDP Equipment (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART I: ANTIQUE, HISTORICAL AND SPECIAL INTEREST PROPERTY

 

Section 5010.1300  Property Value

 

a)         Personal property that is at least 40 years old, has historic value, or is of special interest, culturally, scientifically or otherwise, is exempt from the normal methods of disposal described in the State Property Control Act and this Part.

 

b)         The CMS Director will determine the final disposition of antiques and historical or special interest property.

 

1)         When the Director of CMS ensures that the criteria in subsection (a) are met, the following procedure for disposal shall be used:

 

A)        The Director will attempt to loan or donate the property to public museums or galleries.

 

B)        Right of first refusal shall be vested in the Illinois State Museum, and then to any other public museum or publicly owned historic site in Illinois.  If no museum in Illinois desires the property, federal museums and historic sites will be given the opportunity to claim the property.

 

C)        Any display of the property shall acknowledge the State's role in the loan or donation.

 

D)        The property shall not later be sold or transferred by the holding entity.  Such sale or transfer will allow the State to immediately reclaim the property.

 

E)        Should no entity wish to receive the property, the Director will dispose of it by negotiated sale.  Minimum price shall be the property's appraised value, as determined prior to the negotiated sale, determined by a qualified appraiser, the appraiser's qualifications having been evaluated and determined in accordance with prevailing industry standards or practices.

 

2)         The Director's choice shall be based on the type of property, the geographical location of the institution requesting the property, and the institution's ability to display the property.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

SUBPART J: EXEMPTIONS

 

Section 5010.1400  Request for Exemption

 

a)         The Director of CMS is authorized to make exemptions to the requirements of this Part on a case-by-case basis.

 

b)         Application for an exemption shall be made in writing to the Director by the requesting agency.

 

c)         The application shall specify the property for which an exemption is sought, its acquisition value and estimated current value, the rule from which exemption is sought, and the reason for exemption.

 

d)         Within 30 days after receipt of a request for exemption, the Director shall either grant or deny the request.  The decision of the Director shall be in writing and shall include the reasons for the decision.

 

e)         If the request is denied, the requesting agency shall have seven days from the receipt of the denial to re-request the exemption, giving such supplementary information as it deems necessary.

 

f)         In granting exemptions, the Director will consider the:

 

1)         public policy considerations embodied in the Act; i.e., obtain maximum use or value for State property;

 

2)         effect of the request on the health and safety of the citizens of the State; i.e., does the intended use meet an unusual or emergency need;

 

3)         effect of the request on the economic interests of the State; i.e., does the intended use maximize the economic use of the property; and

 

4)         effect of the request on the ongoing programs of the requesting agencies; i.e., does the intended use further an agency's program goals.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1410  Transfer of Property Purchased with Non-appropriated Funds for Research at State Universities (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 6931, effective April 6, 1998)

SUBPART K: DISPOSITION OF LABORATORY EQUIPMENT

 

Section 5010.1500  Listing of Laboratory Equipment (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 5637, effective May 3, 2019)

 

Section 5010.1510  Proceeds from Sales of Laboratory Equipment

 

All proceeds from the sale of laboratory equipment shall be deposited in the State Surplus Property Revolving Fund.

 

(Source:  Added at 12 Ill. Reg. 10671, effective June 14, 1988)

SUBPART L: DISPOSITION OF HAZARDOUS MATERIAL

 

Section 5010.1600  Disposal of Hazardous Material

 

a)         Disposal of hazardous materials in the possession of State agencies must be done in accordance with policies and procedures set by the Illinois Pollution Control Board (35 Ill. Adm. Code: Subchapter g).

 

b)         Agencies that require disposition of hazardous materials from facilities under their jurisdiction shall keep the Department advised to the extent the hazardous material disposition pertains to the administration of this Section.

 

c)         All costs associated with the removal of hazardous materials will be the responsibility of the agency transferring the hazardous material.

 

(Source:  Amended at 43 Ill. Reg. 5637, effective May 3, 2019)