Full Text of HB0049 96th General Assembly
HB0049enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Library Act is amended by changing | 5 |
| Section 25 as follows:
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| (15 ILCS 320/25)
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| Sec. 25. State Library Fund; disposition of moneys | 8 |
| received. Any moneys
received by the State Library for | 9 |
| reimbursement for lost or damaged books, from the sale of | 10 |
| withdrawn library materials as provided in subsection (c) of | 11 |
| Section 7 of the State Property Control Act, for
photocopies, | 12 |
| or as transfers from other funds and any monetary gifts or
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| bequests provided
to the State Library shall be deposited into | 14 |
| the State Library Fund, a special
fund hereby
created in the | 15 |
| State treasury. Moneys in the State Library Fund, subject to
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| appropriation,
may be expended by the State Librarian to | 17 |
| increase the collection of books,
records, and
holdings; to | 18 |
| hold public forums; to purchase equipment and resource | 19 |
| materials
for the
State Library; and for the upkeep, repair, | 20 |
| and maintenance of the State Library
building
and grounds.
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| (Source: P.A. 93-397, eff. 1-1-04.)
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| Section 10. The State Property Control Act is amended by |
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| changing Section 7 as follows:
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| (30 ILCS 605/7) (from Ch. 127, par. 133b10)
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| Sec. 7. Disposition of transferable property.
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| (a) Except as provided in subsection (c), whenever a | 5 |
| responsible officer
considers it advantageous to
the State to | 6 |
| dispose of transferable property by trading it in for
credit on | 7 |
| a replacement of like nature, the responsible officer shall
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| report the trade-in and replacement to the administrator on | 9 |
| forms furnished
by the latter. The exchange, trade or transfer | 10 |
| of "textbooks" as defined in
Section 18-17 of the School Code | 11 |
| between schools or school districts pursuant
to regulations | 12 |
| adopted by the State Board of Education under that Section
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| shall not constitute a disposition of transferable property | 14 |
| within the
meaning of this Section, even though such exchange, | 15 |
| trade or transfer
occurs within 5 years after the textbooks are | 16 |
| first provided for loan
pursuant to Section 18-17 of the School | 17 |
| Code.
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| (b) Except as provided in subsection (c), whenever it is | 19 |
| deemed
necessary to dispose of any item of
transferable | 20 |
| property, the administrator shall proceed to dispose of the
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| property by sale or scrapping as the case may be, in whatever | 22 |
| manner he
considers most advantageous and most profitable to | 23 |
| the State.
Items of transferable property which would | 24 |
| ordinarily be scrapped and
disposed of by burning or by burial | 25 |
| in a landfill may be examined and a
determination made whether |
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| the property should be recycled. This
determination and any | 2 |
| sale of recyclable property shall be in accordance
with rules | 3 |
| promulgated by the Administrator.
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| When the administrator determines that property is to be | 5 |
| disposed of
by sale, he shall offer it first to the | 6 |
| municipalities, counties, and
school districts of the State and | 7 |
| to charitable, not-for-profit educational
and public health | 8 |
| organizations, including but not limited to medical
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| institutions, clinics, hospitals, health centers, schools, | 10 |
| colleges,
universities, child care centers, museums, nursing | 11 |
| homes, programs for the
elderly, food banks, State Use | 12 |
| Sheltered Workshops and
the Boy and Girl Scouts of America, for | 13 |
| purchase at an appraised
value. Notice of inspection or viewing | 14 |
| dates and property lists
shall be distributed in the manner | 15 |
| provided in rules and regulations
promulgated by the | 16 |
| Administrator for that purpose.
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| Electronic data processing equipment purchased and charged | 18 |
| to
appropriations may, at the discretion of the administrator, | 19 |
| be sold, pursuant
to contracts entered into by the Director of | 20 |
| Central Management Services or
the heads of agencies exempt | 21 |
| from "The Illinois Purchasing Act". However
such equipment | 22 |
| shall not be sold at prices less than the purchase cost
thereof | 23 |
| or depreciated value as determined by the administrator. No
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| sale of the electronic data processing equipment and lease to | 25 |
| the State
by the purchaser of such equipment shall be made | 26 |
| under this Act unless
the Director of Central Management |
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| Services finds
that such contracts are financially | 2 |
| advantageous to the State.
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| Disposition of other transferable property by sale, except | 4 |
| sales
directly to local governmental units, school districts, | 5 |
| and not-for-profit
educational, charitable and public health | 6 |
| organizations, shall be subject
to the following minimum | 7 |
| conditions:
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| (1) The administrator shall cause the property to be | 9 |
| advertised for
sale to the highest responsible bidder, | 10 |
| stating time, place, and terms
of such sale at least 7 days | 11 |
| prior to the time of sale and at least once
in a newspaper | 12 |
| having a general circulation in the county where the
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| property is to be sold.
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| (2) If no acceptable bids are received, the | 15 |
| administrator may then
sell the property in whatever manner | 16 |
| he considers most advantageous and
most profitable to the | 17 |
| State.
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| (c) Notwithstanding any other provision of this Act, an | 19 |
| agency covered
by this Act may transfer books, serial | 20 |
| publications, or other library
materials that are transferable | 21 |
| property , or that have been withdrawn from the agency's library | 22 |
| collection through a regular collection evaluation process, to | 23 |
| any of the following entities
located in Illinois :
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| (1) Another agency covered by this Act located in | 25 |
| Illinois .
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| (2) A State supported university library located in |
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| Illinois .
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| (3) A tax-supported public library located in | 3 |
| Illinois , including a library
established by
a public | 4 |
| library district.
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| (4) A library system organized under the Illinois | 6 |
| Library
System Act
or any library located in Illinois that | 7 |
| is a member of such a system.
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| (5) A non-profit agency, located in or outside | 9 |
| Illinois. | 10 |
| A transfer of property under this subsection is not subject | 11 |
| to the
requirements of subsection (a) or (b).
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| In addition, an agency covered by this Act may sell or | 13 |
| exchange books, serial publications, and other library | 14 |
| materials that have been withdrawn from its library collection | 15 |
| through a regular collection evaluation process. Those items | 16 |
| may be sold to the public at library book sales or to book | 17 |
| dealers or may be offered through exchange to book dealers or | 18 |
| other organizations. Revenues generated from the sale of | 19 |
| withdrawn items shall be retained by the agency in a separate | 20 |
| account to be used solely for the purchase of library | 21 |
| materials; except that in the case of the State Library, | 22 |
| revenues from the sale of withdrawn items shall be deposited | 23 |
| into the State Library Fund to be used for the purposes stated | 24 |
| in Section 25 of the State Library Act. | 25 |
| For purposes of this subsection (c), "library materials" | 26 |
| means physical
entities of any substance that serve as carriers |
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| of information, including,
without limitation, books, serial | 2 |
| publications, periodicals, microforms,
graphics, audio or
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| video recordings, and machine readable data files.
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| (Source: P.A. 89-188, eff. 7-19-95.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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