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91_HB1282eng HB1282 Engrossed LRB9100737JMmb 1 AN ACT to amend the State Property Control Act by 2 changing Sections 7 and 7.3. 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 Sections 7 and 7.3 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 subsection (c), whenever a 10 responsible officer considers it advantageous to the State to 11 dispose of transferable property by trading it in for credit 12 on a replacement of like nature, the responsible officer 13 shall report the trade-in and replacement to the 14 administrator on forms furnished by the latter. The exchange, 15 trade or transfer of "textbooks" as defined in Section 18-17 16 of the School Code between schools or school districts 17 pursuant to regulations adopted by the State Board of 18 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 A State agency may not trade in an airplane until the 24 Administrator has determined that (i) the agency no longer 25 has a need for the airplane, (ii) the airplane will not be 26 used as a trade-in on another aircraft, and (iii) no public 27 university or college in Illinois has listed the need for a 28 transferable airplane as provided in Section 7.3. 29 (b) Except as provided in subsection (c), whenever it is 30 deemed necessary to dispose of any item of transferable 31 property, the administrator shall proceed to dispose of the HB1282 Engrossed -2- LRB9100737JMmb 1 property by sale or scrapping as the case may be, in whatever 2 manner he considers most advantageous and most profitable to 3 the State. Items of transferable property which would 4 ordinarily be scrapped and disposed of by burning or by 5 burial in a landfill may be examined and a determination made 6 whether the property should be recycled. This determination 7 and any sale of recyclable property shall be in accordance 8 with rules promulgated by the Administrator. 9 When the administrator determines that property is to be 10 disposed of by sale, he shall offer it first to the 11 municipalities, counties, and school districts of the State 12 and to charitable, not-for-profit educational and public 13 health organizations, including but not limited to medical 14 institutions, clinics, hospitals, health centers, schools, 15 colleges, universities, child care centers, museums, nursing 16 homes, programs for the elderly, food banks, State Use 17 Sheltered Workshops and the Boy and Girl Scouts of America, 18 for purchase at an appraised value. Notice of inspection or 19 viewing dates and property lists shall be distributed in the 20 manner provided in rules and regulations promulgated by the 21 Administrator for that purpose. 22 Electronic data processing equipment purchased and 23 charged to appropriations may, at the discretion of the 24 administrator, be sold, pursuant to contracts entered into by 25 the Director of Central Management Services or the heads of 26 agencies exempt from "The Illinois Purchasing Act". However 27 such equipment shall not be sold at prices less than the 28 purchase cost thereof or depreciated value as determined by 29 the administrator. No sale of the electronic data processing 30 equipment and lease to the State by the purchaser of such 31 equipment shall be made under this Act unless the Director of 32 Central Management Services finds that such contracts are 33 financially advantageous to the State. 34 Disposition of other transferable property by sale, HB1282 Engrossed -3- LRB9100737JMmb 1 except sales directly to local governmental units, school 2 districts, and not-for-profit educational, charitable and 3 public health organizations, shall be subject to the 4 following minimum conditions: 5 (1) The administrator shall cause the property to 6 be advertised for sale to the highest responsible bidder, 7 stating time, place, and terms of such sale at least 7 8 days prior to the time of sale and at least once in a 9 newspaper having a general circulation in the county 10 where the property is to be sold. 11 (2) If no acceptable bids are received, the 12 administrator may then sell the property in whatever 13 manner he considers most advantageous and most profitable 14 to the State. 15 (c) Notwithstanding any other provision of this Act, an 16 agency covered by this Act may transfer books, serial 17 publications, or other library materials that are 18 transferable property to any of the following entities 19 located in Illinois: 20 (1) Another agency covered by this Act. 21 (2) A State supported university library. 22 (3) A tax-supported public library, including a 23 library established by a public library district. 24 (4) A library system organized under the Illinois 25 Library System Act or any library that is a member of 26 such a system. 27 A transfer of property under this subsection is not 28 subject to the requirements of subsection (a) or (b). 29 For purposes of this subsection (c), "library materials" 30 means physical entities of any substance that serve as 31 carriers of information, including, without limitation, 32 books, serial publications, periodicals, microforms, 33 graphics, audio or video recordings, and machine readable 34 data files. HB1282 Engrossed -4- LRB9100737JMmb 1 (Source: P.A. 89-188, eff. 7-19-95.) 2 (30 ILCS 605/7.3) (from Ch. 127, par. 133b10.3) 3 Sec. 7.3. The Administrator shall have charge of all 4 transferable property and shall have authority to take 5 possession and control of such property in order to transfer 6 or assign any such property to any other State agency that 7 has need or use for such property or to dispose of said 8 property in accordance with Section 7 of this Act. 9 The Administrator may not dispose of a transferable 10 airplane by sale until he or she determines that (i) the 11 agency no longer has a need for the airplane, (ii) the 12 airplane will not be used as a trade-in on another aircraft, 13 and (iii) no public university or college in Illinois that 14 offers courses in aviation, flight training, or other 15 subjects involving knowledge of the workings of an airplane 16 has listed the need for an airplane as provided in this 17 Section. 18 Responsible officers shall periodically report all 19 transferable property at locations under their jurisdictions 20 to the Administrator. The Administrator shall review such 21 reports and arrange for physical examination of said property 22 if necessary to determine if said items of transferable 23 property should be transferred to another State agency, 24 transferred to a central warehouse, or disposed of. The 25 Administrator shall advise responsible officers of the 26 results of these reviews as necessary. 27 The staff under the jurisdiction of the Administrator 28 shall review as necessary State agencies' inventories for 29 potential items of transferable property. If in the opinion 30 of the Administrator's staff, any property appears to be 31 transferable, the Administrator shall notify the responsible 32 officer of his determination. The executive head of the 33 agency holding the property in question may appeal the HB1282 Engrossed -5- LRB9100737JMmb 1 determination in writing to the Administrator. 2 The Administrator will review the determination in 3 accordance with rules and procedures established pursuant to 4 Section 5 of this Act. 5 The Administrator shall maintain lists of transferable 6 property and of State agency needs for such property and will 7 transfer where appropriate listed transferable property to 8 agencies listing their needs for such property as detailed by 9 their responsible officers. The Administrator must give 10 priority for transfer of an airplane to a public university 11 or college in Illinois that offers courses in aviation, 12 flight training, or other subjects involving knowledge of the 13 workings of an airplane and that has listed the need for an 14 airplane. 15 (Source: P.A. 82-1047.)