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91_HB1282eng
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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
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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,
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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.
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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
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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.)
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