Illinois General Assembly - Full Text of SB1935
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Full Text of SB1935  103rd General Assembly




SB1935 EnrolledLRB103 27568 HLH 53944 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Property Control Act is amended by
5changing 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 subsection (c), whenever a
9responsible officer considers it advantageous to the State to
10dispose of transferable property by trading it in for credit
11on a replacement of like nature, the responsible officer shall
12report the trade-in and replacement to the administrator on
13forms furnished by the latter. The exchange, trade or transfer
14of "textbooks" as defined in Section 18-17 of the School Code
15between schools or school districts pursuant to regulations
16adopted by the State Board of Education under that Section
17shall not constitute a disposition of transferable property
18within the meaning of this Section, even though such exchange,
19trade or transfer occurs within 5 years after the textbooks
20are first provided for loan pursuant to Section 18-17 of the
21School Code.
22    (b) Except as provided in subsection (c), whenever it is
23deemed necessary to dispose of any item of transferable



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1property, the administrator shall proceed to dispose of the
2property by sale or scrapping as the case may be, in whatever
3manner he considers most advantageous and most profitable to
4the State. Items of transferable property which would
5ordinarily be scrapped and disposed of by burning or by burial
6in a landfill may be examined and a determination made whether
7the property should be recycled. This determination and any
8sale of recyclable property shall be in accordance with rules
9promulgated by the Administrator.
10    When the administrator determines that property is to be
11disposed of by sale, he shall offer it first to the following
12entities 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
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
2shall be distributed in the manner provided in rules and
3regulations promulgated by the Administrator for that purpose.
4    Electronic data processing equipment purchased and charged
5to appropriations may, at the discretion of the administrator,
6be sold, pursuant to contracts entered into by the Director of
7Central Management Services or the heads of agencies exempt
8from "The Illinois Purchasing Act". However such equipment
9shall not be sold at prices less than the purchase cost thereof
10or depreciated value as determined by the administrator. No
11sale of the electronic data processing equipment and lease to
12the State by the purchaser of such equipment shall be made
13under this Act unless the Director of Central Management
14Services finds that such contracts are financially
15advantageous to the State.
16    Disposition of other transferable property by sale, except
17sales directly to local governmental units, school districts,
18and not-for-profit educational, charitable and public health
19organizations, shall be subject to the following minimum
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
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.
5    (c) Notwithstanding any other provision of this Act, an
6agency covered by this Act may transfer books, serial
7publications, or other library materials that are transferable
8property, or that have been withdrawn from the agency's
9library collection through a regular collection evaluation
10process, to any of the following entities:
11        (1) Another agency covered by this Act located in
12    Illinois.
13        (2) A State supported university library located in
14    Illinois.
15        (3) A tax-supported public library located in
16    Illinois, including a library established by a public
17    library district.
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.
21        (5) A non-profit agency, located in or outside
22    Illinois.
23    A transfer of property under this subsection is not
24subject to the requirements of subsection (a) or (b).
25    In addition, an agency covered by this Act may sell or
26exchange books, serial publications, and other library



SB1935 Enrolled- 5 -LRB103 27568 HLH 53944 b

1materials that have been withdrawn from its library collection
2through a regular collection evaluation process. Those items
3may be sold to the public at library book sales or to book
4dealers or may be offered through exchange to book dealers or
5other organizations. Revenues generated from the sale of
6withdrawn items shall be retained by the agency in a separate
7account to be used solely for the purchase of library
8materials; except that in the case of the State Library,
9revenues from the sale of withdrawn items shall be deposited
10into the State Library Fund to be used for the purposes stated
11in Section 25 of the State Library Act.
12    For purposes of this subsection (c), "library materials"
13means physical entities of any substance that serve as
14carriers of information, including, without limitation, books,
15serial publications, periodicals, microforms, graphics, audio
16or video recordings, and machine readable data files.
17    (d) Notwithstanding any other provision of this Act, the
18Director of the Illinois State Police may dispose of a service
19firearm or police badge issued or previously issued to a
20retiring or separating State Police officer as provided in
21Section 17b of the Illinois State Police Act. The Director of
22Natural Resources may dispose of a service firearm or police
23badge issued previously to a retiring Conservation Police
24Officer as provided in Section 805-538 of the Department of
25Natural Resources (Conservation) Law of the Civil
26Administrative Code of Illinois. The Director of the Secretary



SB1935 Enrolled- 6 -LRB103 27568 HLH 53944 b

1of State Department of Police may dispose of a service firearm
2or police badge issued or previously issued to a retiring
3Secretary of State Police officer, inspector, or investigator
4as provided in Section 2-116 of the Illinois Vehicle Code. The
5Office of the State Fire Marshal may dispose of a service
6firearm or badge previously issued to a State Fire Marshal
7Arson Investigator Special Agent who is honorably retiring or
8separating in good standing as provided in subsection (c) of
9Section 1 of the Peace Officer Fire Investigation Act.
10(Source: P.A. 102-538, eff. 8-20-21.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.