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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Property Control Act is amended by | ||||||
5 | changing Section 7 as follows:
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6 | (30 ILCS 605/7) (from Ch. 127, par. 133b10)
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7 | Sec. 7. Disposition of transferable property.
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8 | (a) Except as provided in subsection (c), whenever a | ||||||
9 | responsible officer
considers it advantageous to
the State to | ||||||
10 | dispose of transferable property by trading it in for
credit | ||||||
11 | on a replacement of like nature, the responsible officer shall
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12 | report the trade-in and replacement to the administrator on | ||||||
13 | forms furnished
by the latter. The exchange, trade or transfer | ||||||
14 | of "textbooks" as defined in
Section 18-17 of the School Code | ||||||
15 | between schools or school districts pursuant
to regulations | ||||||
16 | adopted by the State Board of Education under that Section
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17 | shall not constitute a disposition of transferable property | ||||||
18 | within the
meaning of this Section, even though such exchange, | ||||||
19 | trade or transfer
occurs within 5 years after the textbooks | ||||||
20 | are first provided for loan
pursuant to Section 18-17 of the | ||||||
21 | School Code.
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22 | (b) Except as provided in subsection (c), whenever it is | ||||||
23 | deemed
necessary to dispose of any item of
transferable |
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1 | property, the administrator shall proceed to dispose of the
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2 | property by sale or scrapping as the case may be, in whatever | ||||||
3 | manner he
considers most advantageous and most profitable to | ||||||
4 | the State.
Items of transferable property which would | ||||||
5 | ordinarily be scrapped and
disposed of by burning or by burial | ||||||
6 | in a landfill may be examined and a
determination made whether | ||||||
7 | the property should be recycled. This
determination and any | ||||||
8 | sale of recyclable property shall be in accordance
with rules | ||||||
9 | promulgated by the Administrator.
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10 | When the administrator determines that property is to be | ||||||
11 | disposed of
by sale, he shall offer it first to the following | ||||||
12 | entities for purchase at an appraised
value: | ||||||
13 | (1) municipalities, counties, and
school districts of | ||||||
14 | the State ; and to | ||||||
15 | (2) charitable, not-for-profit educational
and public | ||||||
16 | health organizations, including but not limited to medical
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17 | institutions, clinics, hospitals, health centers, schools, | ||||||
18 | colleges,
universities, child care centers, museums, | ||||||
19 | nursing homes, programs for the
elderly, food banks, State | ||||||
20 | Use Sheltered Workshops and
the Boy and Girl Scouts of | ||||||
21 | America ; , for purchase at an appraised
value. | ||||||
22 | (3) minority-owned businesses, as defined in Section 2 | ||||||
23 | of the Business Enterprise for Minorities, Women, and | ||||||
24 | Persons with Disabilities Act; and | ||||||
25 | (4) qualified veteran-owned small businesses, as | ||||||
26 | defined in Section 45-57 of the Illinois Procurement Code. |
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1 | Notice of inspection or viewing dates and property lists
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2 | shall be distributed in the manner provided in rules and | ||||||
3 | regulations
promulgated by the Administrator for that purpose.
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4 | Electronic data processing equipment purchased and charged | ||||||
5 | to
appropriations may, at the discretion of the administrator, | ||||||
6 | be sold, pursuant
to contracts entered into by the Director of | ||||||
7 | Central Management Services or
the heads of agencies exempt | ||||||
8 | from "The Illinois Purchasing Act". However
such equipment | ||||||
9 | shall not be sold at prices less than the purchase cost
thereof | ||||||
10 | or depreciated value as determined by the administrator. No
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11 | sale of the electronic data processing equipment and lease to | ||||||
12 | the State
by the purchaser of such equipment shall be made | ||||||
13 | under this Act unless
the Director of Central Management | ||||||
14 | Services finds
that such contracts are financially | ||||||
15 | advantageous to the State.
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16 | Disposition of other transferable property by sale, except | ||||||
17 | sales
directly to local governmental units, school districts, | ||||||
18 | and not-for-profit
educational, charitable and public health | ||||||
19 | organizations, shall be subject
to the following minimum | ||||||
20 | conditions:
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21 | (1) The administrator shall cause the property to be | ||||||
22 | advertised for
sale to the highest responsible bidder, | ||||||
23 | stating time, place, and terms
of such sale at least 7 days | ||||||
24 | prior to the time of sale and at least once
in a newspaper | ||||||
25 | having a general circulation in the county where the
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26 | property is to be sold.
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1 | (2) If no acceptable bids are received, the | ||||||
2 | administrator may then
sell the property in whatever | ||||||
3 | manner he considers most advantageous and
most profitable | ||||||
4 | to the State.
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5 | (c) Notwithstanding any other provision of this Act, an | ||||||
6 | agency covered
by this Act may transfer books, serial | ||||||
7 | publications, or other library
materials that are transferable | ||||||
8 | property, or that have been withdrawn from the agency's | ||||||
9 | library collection through a regular collection evaluation | ||||||
10 | process, to any of the following entities:
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11 | (1) Another agency covered by this Act located in | ||||||
12 | Illinois.
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13 | (2) A State supported university library located in | ||||||
14 | Illinois.
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15 | (3) A tax-supported public library located in | ||||||
16 | Illinois, including a library
established by
a public | ||||||
17 | library district.
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18 | (4) A library system organized under the Illinois | ||||||
19 | Library
System Act
or any library located in Illinois that | ||||||
20 | is a member of such a system.
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21 | (5) A non-profit agency, located in or outside | ||||||
22 | Illinois. | ||||||
23 | A transfer of property under this subsection is not | ||||||
24 | subject to the
requirements of subsection (a) or (b).
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25 | In addition, an agency covered by this Act may sell or | ||||||
26 | exchange books, serial publications, and other library |
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1 | materials that have been withdrawn from its library collection | ||||||
2 | through a regular collection evaluation process. Those items | ||||||
3 | may be sold to the public at library book sales or to book | ||||||
4 | dealers or may be offered through exchange to book dealers or | ||||||
5 | other organizations. Revenues generated from the sale of | ||||||
6 | withdrawn items shall be retained by the agency in a separate | ||||||
7 | account to be used solely for the purchase of library | ||||||
8 | materials; except that in the case of the State Library, | ||||||
9 | revenues from the sale of withdrawn items shall be deposited | ||||||
10 | into the State Library Fund to be used for the purposes stated | ||||||
11 | in Section 25 of the State Library Act. | ||||||
12 | For purposes of this subsection (c), "library materials" | ||||||
13 | means physical
entities of any substance that serve as | ||||||
14 | carriers of information, including,
without limitation, books, | ||||||
15 | serial publications, periodicals, microforms,
graphics, audio | ||||||
16 | or
video recordings, and machine readable data files.
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17 | (d) Notwithstanding any other provision of this Act, the | ||||||
18 | Director of the Illinois State Police may dispose of a service | ||||||
19 | firearm or police badge issued or previously issued to a | ||||||
20 | retiring or separating State Police officer as provided in | ||||||
21 | Section 17b of the Illinois State Police Act. The Director of | ||||||
22 | Natural Resources may dispose of a service firearm or police | ||||||
23 | badge issued previously to a retiring Conservation Police | ||||||
24 | Officer as provided in Section 805-538 of the Department of | ||||||
25 | Natural Resources (Conservation) Law of the
Civil | ||||||
26 | Administrative Code of Illinois. The Director of the Secretary |
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1 | of State Department of Police may dispose of a service firearm | ||||||
2 | or police badge issued or previously issued to a retiring | ||||||
3 | Secretary of State Police officer, inspector, or investigator | ||||||
4 | as provided in Section 2-116 of the Illinois Vehicle Code. The | ||||||
5 | Office of the State Fire Marshal may dispose of a service | ||||||
6 | firearm or badge previously issued to a State Fire Marshal | ||||||
7 | Arson Investigator Special Agent who is honorably retiring or | ||||||
8 | separating in good standing as provided in subsection (c) of | ||||||
9 | Section 1 of the Peace Officer Fire Investigation Act. | ||||||
10 | (Source: P.A. 102-538, eff. 8-20-21.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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