Full Text of HB4202 95th General Assembly
HB4202 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4202
Introduced 12/14/2007, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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30 ILCS 605/7 |
from Ch. 127, par. 133b10 |
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Amends the State Property Control Act. With respect to the transfer of books, serial publications, and other library materials to which the Act's transfer procedures do not apply, (i) adds those items that have been withdrawn from the transferring agency's library collection through a regular collection evaluation process and (ii) adds non-profit agencies, whether located in or outside Illinois, to the list of entities to which such items may be transferred. Authorizes an agency with withdrawn books, serial publications, or other library materials to sell those items to the public at library book sales or to book dealers or to offer those items through exchange to book dealers or to organizations. Provides that revenues generated from such sales shall be retained by the agency and used for the purchase of library materials.
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A BILL FOR
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HB4202 |
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LRB095 14381 JAM 40284 b |
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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 Property Control Act is amended by | 5 |
| 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 | 9 |
| responsible officer
considers it advantageous to
the State to | 10 |
| dispose of transferable property by trading it in for
credit on | 11 |
| a replacement of like nature, the responsible officer shall
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| 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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| 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 are | 20 |
| first provided for loan
pursuant to Section 18-17 of the School | 21 |
| Code.
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| (b) Except as provided in subsection (c), whenever it is | 23 |
| deemed
necessary to dispose of any item of
transferable |
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HB4202 |
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LRB095 14381 JAM 40284 b |
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| 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 | 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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| When the administrator determines that property is to be | 11 |
| disposed of
by sale, he shall offer it first to the | 12 |
| municipalities, counties, and
school districts of the State and | 13 |
| to charitable, not-for-profit educational
and public health | 14 |
| organizations, including but not limited to medical
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| institutions, clinics, hospitals, health centers, schools, | 16 |
| colleges,
universities, child care centers, museums, nursing | 17 |
| homes, programs for the
elderly, food banks, State Use | 18 |
| Sheltered Workshops and
the Boy and Girl Scouts of America, for | 19 |
| purchase at an appraised
value. Notice of inspection or viewing | 20 |
| dates and property lists
shall be distributed in the manner | 21 |
| provided in rules and regulations
promulgated by the | 22 |
| Administrator for that purpose.
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| Electronic data processing equipment purchased and charged | 24 |
| to
appropriations may, at the discretion of the administrator, | 25 |
| be sold, pursuant
to contracts entered into by the Director of | 26 |
| Central Management Services or
the heads of agencies exempt |
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HB4202 |
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LRB095 14381 JAM 40284 b |
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| from "The Illinois Purchasing Act". However
such equipment | 2 |
| shall not be sold at prices less than the purchase cost
thereof | 3 |
| or depreciated value as determined by the administrator. No
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| sale of the electronic data processing equipment and lease to | 5 |
| the State
by the purchaser of such equipment shall be made | 6 |
| under this Act unless
the Director of Central Management | 7 |
| Services finds
that such contracts are financially | 8 |
| advantageous to the State.
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| Disposition of other transferable property by sale, except | 10 |
| sales
directly to local governmental units, school districts, | 11 |
| and not-for-profit
educational, charitable and public health | 12 |
| organizations, shall be subject
to the following minimum | 13 |
| conditions:
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| (1) The administrator shall cause the property to be | 15 |
| advertised for
sale to the highest responsible bidder, | 16 |
| stating time, place, and terms
of such sale at least 7 days | 17 |
| prior to the time of sale and at least once
in a newspaper | 18 |
| 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 | 21 |
| administrator may then
sell the property in whatever manner | 22 |
| he considers most advantageous and
most profitable to the | 23 |
| State.
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| (c) Notwithstanding any other provision of this Act, an | 25 |
| agency covered
by this Act may transfer books, serial | 26 |
| publications, or other library
materials that are transferable |
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LRB095 14381 JAM 40284 b |
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| property , or that have been withdrawn from the agency's library | 2 |
| collection through a regular collection evaluation process, to | 3 |
| any of the following entities
located in Illinois :
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| (1) Another agency covered by this Act located in | 5 |
| Illinois .
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| (2) A State supported university library located in | 7 |
| Illinois .
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| (3) A tax-supported public library located in | 9 |
| Illinois , including a library
established by
a public | 10 |
| library district.
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| (4) A library system organized under the Illinois | 12 |
| Library
System Act
or any library located in Illinois that | 13 |
| is a member of such a system.
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| (5) A non-profit agency, located in or outside | 15 |
| Illinois. | 16 |
| A transfer of property under this subsection is not subject | 17 |
| to the
requirements of subsection (a) or (b).
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| In addition, an agency covered by this Act may sell or | 19 |
| exchange books, serial publications, and other library | 20 |
| materials that have been withdrawn from its library collection | 21 |
| through a regular collection evaluation process. Those items | 22 |
| may be sold to the public at library book sales or to book | 23 |
| dealers or may be offered through exchange to book dealers or | 24 |
| other organizations. Revenues generated from the sale of | 25 |
| withdrawn items shall be retained by the agency in a separate | 26 |
| account to be used solely for the purchase of library |
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LRB095 14381 JAM 40284 b |
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| materials. | 2 |
| For purposes of this subsection (c), "library materials" | 3 |
| means physical
entities of any substance that serve as carriers | 4 |
| of information, including,
without limitation, books, serial | 5 |
| 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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