Public Act 103-0244
 
SB1935 EnrolledLRB103 27568 HLH 53944 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. 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 following 
entities for purchase at an appraised
value:
        (1) municipalities, counties, and
school districts of 
    the State; and to 
        (2) 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. 
        (3) minority-owned businesses, as defined in Section 2 
    of the Business Enterprise for Minorities, Women, and 
    Persons with Disabilities Act; and
        (4) qualified veteran-owned small businesses, as 
    defined in Section 45-57 of the Illinois Procurement Code.
    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:

        (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.

    (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.)

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