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| Public Act 096-0498 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Library Act is amended by changing | ||||
Section 25 as follows:
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(15 ILCS 320/25)
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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withdrawn library materials as provided in subsection (c) of | ||||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
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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
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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.
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(Source: P.A. 93-397, eff. 1-1-04.)
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Section 10. The State Property Control Act is amended by | ||||
changing Section 7 as follows:
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(30 ILCS 605/7) (from Ch. 127, par. 133b10)
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Sec. 7. Disposition of transferable property.
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(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
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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
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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.
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(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
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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.
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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
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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.
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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
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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.
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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:
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(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
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property is to be sold.
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(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.
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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
located in Illinois:
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(1) Another agency covered by this Act located in | ||
Illinois.
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(2) A State supported university library located in | ||
Illinois.
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(3) A tax-supported public library located in | ||
Illinois, including a library
established by
a public | ||
library district.
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(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.
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(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).
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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
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video recordings, and machine readable data files.
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(Source: P.A. 89-188, eff. 7-19-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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