093_SB0812

 
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 1        AN ACT concerning State property.

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

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

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

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