093_HB3133

                                     LRB093 06181 AMC 12054 b

 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  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
12    shall   report   the   trade-in   and   replacement   to  the
13    administrator on forms furnished by the latter. The exchange,
14    trade or transfer of "textbooks" as defined in Section  18-17
15    of  the  School  Code  between  schools  or  school districts
16    pursuant  to  regulations  adopted  by  the  State  Board  of
17    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        (b)  Except  as  provided  in  subsection  (c)  or   (d),
23    whenever  it  is  deemed  necessary to dispose of any item of
24    transferable property, the  administrator  shall  proceed  to
25    dispose  of the property by sale or scrapping as the case may
26    be, in whatever manner he  considers  most  advantageous  and
27    most  profitable to the State. Items of transferable property
28    which would ordinarily be scrapped and disposed of by burning
29    or  by  burial  in  a  landfill  may  be   examined   and   a
30    determination  made  whether the property should be recycled.
31    This determination and any sale of recyclable property  shall
 
                            -2-      LRB093 06181 AMC 12054 b
 1    be in accordance with rules promulgated by the Administrator.
 2        When  the administrator determines that property is to be
 3    disposed  of  by  sale,  he  shall  offer  it  first  to  the
 4    municipalities, counties, and school districts of  the  State
 5    and  to  charitable,  not-for-profit  educational  and public
 6    health organizations, including but not  limited  to  medical
 7    institutions,  clinics,  hospitals,  health centers, schools,
 8    colleges, universities, child care centers, museums,  nursing
 9    homes,  programs  for  the  elderly,  food  banks,  State Use
10    Sheltered Workshops and the Boy and Girl Scouts  of  America,
11    for  purchase  at an appraised value. Notice of inspection or
12    viewing dates and property lists shall be distributed in  the
13    manner  provided  in rules and regulations promulgated by the
14    Administrator for that purpose.
15        Electronic  data  processing  equipment   purchased   and
16    charged  to  appropriations  may,  at  the  discretion of the
17    administrator, be sold, pursuant to contracts entered into by
18    the Director of Central Management Services or the  heads  of
19    agencies  exempt from "The Illinois Purchasing Act".  However
20    such equipment shall not be sold  at  prices  less  than  the
21    purchase  cost  thereof or depreciated value as determined by
22    the administrator.  No sale of the electronic data processing
23    equipment and lease to the State by  the  purchaser  of  such
24    equipment shall be made under this Act unless the Director of
25    Central  Management  Services  finds  that such contracts are
26    financially advantageous to the State.
27        Disposition  of  other  transferable  property  by  sale,
28    except sales directly to  local  governmental  units,  school
29    districts,  and  not-for-profit  educational,  charitable and
30    public  health  organizations,  shall  be  subject   to   the
31    following minimum conditions:
32             (1)  The  administrator  shall cause the property to
33        be advertised for sale to the highest responsible bidder,
34        stating time, place, and terms of such sale  at  least  7
 
                            -3-      LRB093 06181 AMC 12054 b
 1        days  prior  to  the  time of sale and at least once in a
 2        newspaper having a  general  circulation  in  the  county
 3        where the property is to be sold.
 4             (2)  If   no   acceptable  bids  are  received,  the
 5        administrator may then  sell  the  property  in  whatever
 6        manner he considers most advantageous and most profitable
 7        to the State.
 8        (c)  Notwithstanding  any  other  provision  of  this Act
 9    except subsection (d), an agency  covered  by  this  Act  may
10    transfer   books,   serial  publications,  or  other  library
11    materials that  are  transferable  property  to  any  of  the
12    following entities located in Illinois:
13             (1)  Another agency covered by this Act.
14             (2)  A State supported university library.
15             (3)  A  tax-supported  public  library,  including a
16        library established by a public library district.
17             (4)  A library system organized under  the  Illinois
18        Library  System  Act  or  any library that is a member of
19        such a system.
20        A transfer of  property  under  this  subsection  is  not
21    subject to the requirements of subsection (a) or (b).
22        For  purposes of this subsection (c), "library materials"
23    means physical  entities  of  any  substance  that  serve  as
24    carriers   of  information,  including,  without  limitation,
25    books,   serial   publications,   periodicals,    microforms,
26    graphics,  audio  or  video  recordings, and machine readable
27    data files.
28        (d)  Notwithstanding any other provision of this Act,  an
29    agency that is an institution of higher education may dispose
30    of  an item of transferable property by donating that item to
31    a not-for-profit entity for use in Illinois.  A  transfer  of
32    property  under  this subsection is not subject to subsection
33    (b) or (c).
34    (Source: P.A. 89-188, eff. 7-19-95.)
 
                            -4-      LRB093 06181 AMC 12054 b
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.