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91_HB1282
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1 AN ACT to amend the State Property Control Act by
2 changing Sections 7 and 7.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Property Control Act is amended by
6 changing Sections 7 and 7.3 as follows:
7 (30 ILCS 605/7) (from Ch. 127, par. 133b10)
8 Sec. 7. Disposition of transferable property.
9 (a) Except as provided in subsection (c), whenever a
10 responsible officer considers it advantageous to the State to
11 dispose of transferable property by trading it in for credit
12 on a replacement of like nature, the responsible officer
13 shall report the trade-in and replacement to the
14 administrator on forms furnished by the latter. The exchange,
15 trade or transfer of "textbooks" as defined in Section 18-17
16 of the School Code between schools or school districts
17 pursuant to regulations adopted by the State Board of
18 Education under that Section shall not constitute a
19 disposition of transferable property within the meaning of
20 this Section, even though such exchange, trade or transfer
21 occurs within 5 years after the textbooks are first provided
22 for loan pursuant to Section 18-17 of the School Code.
23 A State agency may not trade in an airplane until the
24 Administrator has determined that no public university or
25 college in Illinois has listed the need for a transferable
26 airplane as provided in Section 7.3.
27 (b) Except as provided in subsection (c), whenever it is
28 deemed necessary to dispose of any item of transferable
29 property, the administrator shall proceed to dispose of the
30 property by sale or scrapping as the case may be, in whatever
31 manner he considers most advantageous and most profitable to
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1 the State. Items of transferable property which would
2 ordinarily be scrapped and disposed of by burning or by
3 burial in a landfill may be examined and a determination made
4 whether the property should be recycled. This determination
5 and any sale of recyclable property shall be in accordance
6 with rules promulgated by the Administrator.
7 When the administrator determines that property is to be
8 disposed of by sale, he shall offer it first to the
9 municipalities, counties, and school districts of the State
10 and to charitable, not-for-profit educational and public
11 health organizations, including but not limited to medical
12 institutions, clinics, hospitals, health centers, schools,
13 colleges, universities, child care centers, museums, nursing
14 homes, programs for the elderly, food banks, State Use
15 Sheltered Workshops and the Boy and Girl Scouts of America,
16 for purchase at an appraised value. Notice of inspection or
17 viewing dates and property lists shall be distributed in the
18 manner provided in rules and regulations promulgated by the
19 Administrator for that purpose.
20 Electronic data processing equipment purchased and
21 charged to appropriations may, at the discretion of the
22 administrator, be sold, pursuant to contracts entered into by
23 the Director of Central Management Services or the heads of
24 agencies exempt from "The Illinois Purchasing Act". However
25 such equipment shall not be sold at prices less than the
26 purchase cost thereof or depreciated value as determined by
27 the administrator. No sale of the electronic data processing
28 equipment and lease to the State by the purchaser of such
29 equipment shall be made under this Act unless the Director of
30 Central Management Services finds that such contracts are
31 financially advantageous to the State.
32 Disposition of other transferable property by sale,
33 except sales directly to local governmental units, school
34 districts, and not-for-profit educational, charitable and
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1 public health organizations, shall be subject to the
2 following minimum conditions:
3 (1) The administrator shall cause the property to
4 be advertised for sale to the highest responsible bidder,
5 stating time, place, and terms of such sale at least 7
6 days prior to the time of sale and at least once in a
7 newspaper having a general circulation in the county
8 where the property is to be sold.
9 (2) If no acceptable bids are received, the
10 administrator may then sell the property in whatever
11 manner he considers most advantageous and most profitable
12 to the State.
13 (c) Notwithstanding any other provision of this Act, an
14 agency covered by this Act may transfer books, serial
15 publications, or other library materials that are
16 transferable property to any of the following entities
17 located in Illinois:
18 (1) Another agency covered by this Act.
19 (2) A State supported university library.
20 (3) A tax-supported public library, including a
21 library established by a public library district.
22 (4) A library system organized under the Illinois
23 Library System Act or any library that is a member of
24 such a system.
25 A transfer of property under this subsection is not
26 subject to the requirements of subsection (a) or (b).
27 For purposes of this subsection (c), "library materials"
28 means physical entities of any substance that serve as
29 carriers of information, including, without limitation,
30 books, serial publications, periodicals, microforms,
31 graphics, audio or video recordings, and machine readable
32 data files.
33 (Source: P.A. 89-188, eff. 7-19-95.)
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1 (30 ILCS 605/7.3) (from Ch. 127, par. 133b10.3)
2 Sec. 7.3. The Administrator shall have charge of all
3 transferable property and shall have authority to take
4 possession and control of such property in order to transfer
5 or assign any such property to any other State agency that
6 has need or use for such property or to dispose of said
7 property in accordance with Section 7 of this Act.
8 The Administrator may not dispose of a transferable
9 airplane by sale until he or she determines that no public
10 university or college in Illinois that offers courses in
11 aviation, flight training, or other subjects involving
12 knowledge of the workings of an airplane has listed the need
13 for an airplane as provided in this Section.
14 Responsible officers shall periodically report all
15 transferable property at locations under their jurisdictions
16 to the Administrator. The Administrator shall review such
17 reports and arrange for physical examination of said property
18 if necessary to determine if said items of transferable
19 property should be transferred to another State agency,
20 transferred to a central warehouse, or disposed of. The
21 Administrator shall advise responsible officers of the
22 results of these reviews as necessary.
23 The staff under the jurisdiction of the Administrator
24 shall review as necessary State agencies' inventories for
25 potential items of transferable property. If in the opinion
26 of the Administrator's staff, any property appears to be
27 transferable, the Administrator shall notify the responsible
28 officer of his determination. The executive head of the
29 agency holding the property in question may appeal the
30 determination in writing to the Administrator.
31 The Administrator will review the determination in
32 accordance with rules and procedures established pursuant to
33 Section 5 of this Act.
34 The Administrator shall maintain lists of transferable
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1 property and of State agency needs for such property and will
2 transfer where appropriate listed transferable property to
3 agencies listing their needs for such property as detailed by
4 their responsible officers. The Administrator must give
5 priority for transfer of an airplane to a public university
6 or college in Illinois that offers courses in aviation,
7 flight training, or other subjects involving knowledge of the
8 workings of an airplane and that has listed the need for an
9 airplane.
10 (Source: P.A. 82-1047.)