HB0314 95TH GENERAL ASSEMBLY

LRB095 04839 HLH 24900 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0314

Introduced 1/19/2007, by Rep. Harry R. Ramey, Jr.

SYNOPSIS AS INTRODUCED:

30 ILCS 605/7	from Ch. 127, par. 133b10
30 ILCS 780/5-110 new

Amends the State Property Control Act and the Eliminate the Digital Divide Law. Provides that State employers and agencies may donate their used computers free of charge to individuals and entities within the State that are negatively impacted by the digital divide. Provides that the Department of Commerce and Economic Opportunity shall establish rules for distributing the computers.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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 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.

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.

Surplus State computers that are in good operating condition may also be donated pursuant to Section 5-110 of the Eliminate the Digital Divide Law.

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 to any of the following entities located in Illinois:

(1) Another agency covered by this Act.

(2) A State supported university library.

(3) A tax-supported public library, including a library established by a public library district.

(4) A library system organized under the Illinois Library System Act or any library that is a member of such a system.

A transfer of property under this subsection is not subject to the requirements of subsection (a) or (b).

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.

(Source: P.A. 89-188, eff. 7-19-95.)

Section 10. The Eliminate the Digital Divide Law is amended by adding Section 5-110 as follows:

(30 ILCS 780/5-110 new)

Sec. 5-110. State computer donation program. State employers and agencies may donate their used computers free of charge to individuals and entities within the State that are negatively impacted by the digital divide. The computers must be in good working condition. The Department shall establish rules for distributing the computers, which shall take into account the need and financial resources of the recipient.