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91_SB0221
LRB9100952JMmb
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.