State of Illinois
91st General Assembly
Legislation

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91_SB0221

 
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 1        AN ACT  to  amend  the  State  Property  Control  Act  by
 2    changing Section 7.

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

 5        Section 5.  The State Property Control Act is amended  by
 6    changing Section 7 as follows:

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

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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