State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_HB1282eng

 
HB1282 Engrossed                               LRB9100737JMmb

 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 (i) the agency no longer
25    has a need for the airplane, (ii) the airplane  will  not  be
26    used  as  a trade-in on another aircraft, and (iii) no public
27    university or college in Illinois has listed the need  for  a
28    transferable airplane as provided in Section 7.3.
29        (b)  Except as provided in subsection (c), whenever it is
30    deemed  necessary  to  dispose  of  any  item of transferable
31    property, the administrator shall proceed to dispose  of  the
 
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 1    property by sale or scrapping as the case may be, in whatever
 2    manner  he considers most advantageous and most profitable to
 3    the  State.  Items  of  transferable  property  which   would
 4    ordinarily  be  scrapped  and  disposed  of  by burning or by
 5    burial in a landfill may be examined and a determination made
 6    whether the property should be recycled.  This  determination
 7    and  any  sale  of recyclable property shall be in accordance
 8    with rules promulgated by the Administrator.
 9        When the administrator determines that property is to  be
10    disposed  of  by  sale,  he  shall  offer  it  first  to  the
11    municipalities,  counties,  and school districts of the State
12    and to  charitable,  not-for-profit  educational  and  public
13    health  organizations,  including  but not limited to medical
14    institutions, clinics, hospitals,  health  centers,  schools,
15    colleges,  universities, child care centers, museums, nursing
16    homes, programs  for  the  elderly,  food  banks,  State  Use
17    Sheltered  Workshops  and the Boy and Girl Scouts of America,
18    for purchase at an appraised value. Notice of  inspection  or
19    viewing  dates and property lists shall be distributed in the
20    manner provided in rules and regulations promulgated  by  the
21    Administrator for that purpose.
22        Electronic   data   processing  equipment  purchased  and
23    charged to appropriations  may,  at  the  discretion  of  the
24    administrator, be sold, pursuant to contracts entered into by
25    the  Director  of Central Management Services or the heads of
26    agencies exempt from "The Illinois Purchasing Act".   However
27    such  equipment  shall  not  be  sold at prices less than the
28    purchase cost thereof or depreciated value as  determined  by
29    the administrator.  No sale of the electronic data processing
30    equipment  and  lease  to  the State by the purchaser of such
31    equipment shall be made under this Act unless the Director of
32    Central Management Services finds  that  such  contracts  are
33    financially advantageous to the State.
34        Disposition  of  other  transferable  property  by  sale,
 
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 1    except  sales  directly  to  local governmental units, school
 2    districts, and  not-for-profit  educational,  charitable  and
 3    public   health   organizations,  shall  be  subject  to  the
 4    following minimum conditions:
 5             (1)  The administrator shall cause the  property  to
 6        be advertised for sale to the highest responsible bidder,
 7        stating  time,  place,  and terms of such sale at least 7
 8        days prior to the time of sale and at  least  once  in  a
 9        newspaper  having  a  general  circulation  in the county
10        where the property is to be sold.
11             (2)  If  no  acceptable  bids  are   received,   the
12        administrator  may  then  sell  the  property in whatever
13        manner he considers most advantageous and most profitable
14        to the State.
15        (c)  Notwithstanding any other provision of this Act,  an
16    agency  covered  by  this  Act  may  transfer  books,  serial
17    publications,   or   other   library   materials   that   are
18    transferable  property  to  any  of  the  following  entities
19    located in Illinois:
20             (1)  Another agency covered by this Act.
21             (2)  A State supported university library.
22             (3)  A  tax-supported  public  library,  including a
23        library established by a public library district.
24             (4)  A library system organized under  the  Illinois
25        Library  System  Act  or  any library that is a member of
26        such a system.
27        A transfer of  property  under  this  subsection  is  not
28    subject to the requirements of subsection (a) or (b).
29        For  purposes of this subsection (c), "library materials"
30    means physical  entities  of  any  substance  that  serve  as
31    carriers   of  information,  including,  without  limitation,
32    books,   serial   publications,   periodicals,    microforms,
33    graphics,  audio  or  video  recordings, and machine readable
34    data files.
 
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 1    (Source: P.A. 89-188, eff. 7-19-95.)

 2        (30 ILCS 605/7.3) (from Ch. 127, par. 133b10.3)
 3        Sec. 7.3.  The Administrator shall  have  charge  of  all
 4    transferable  property  and  shall  have  authority  to  take
 5    possession  and control of such property in order to transfer
 6    or assign any such property to any other  State  agency  that
 7    has  need  or  use  for  such  property or to dispose of said
 8    property in accordance with Section 7 of this Act.
 9        The Administrator  may  not  dispose  of  a  transferable
10    airplane  by  sale  until  he  or she determines that (i) the
11    agency no longer has  a  need  for  the  airplane,  (ii)  the
12    airplane  will not be used as a trade-in on another aircraft,
13    and (iii) no public university or college  in  Illinois  that
14    offers   courses  in  aviation,  flight  training,  or  other
15    subjects involving knowledge of the workings of  an  airplane
16    has  listed  the  need  for  an  airplane as provided in this
17    Section.
18        Responsible  officers  shall  periodically   report   all
19    transferable  property at locations under their jurisdictions
20    to the Administrator.  The Administrator  shall  review  such
21    reports and arrange for physical examination of said property
22    if  necessary  to  determine  if  said  items of transferable
23    property should  be  transferred  to  another  State  agency,
24    transferred  to  a  central  warehouse,  or disposed of.  The
25    Administrator  shall  advise  responsible  officers  of   the
26    results of these reviews as necessary.
27        The  staff  under  the  jurisdiction of the Administrator
28    shall review as necessary  State  agencies'  inventories  for
29    potential  items of transferable property.  If in the opinion
30    of the Administrator's staff,  any  property  appears  to  be
31    transferable,  the Administrator shall notify the responsible
32    officer of his determination.   The  executive  head  of  the
33    agency  holding  the  property  in  question  may  appeal the
 
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 1    determination in writing to the Administrator.
 2        The  Administrator  will  review  the  determination   in
 3    accordance  with rules and procedures established pursuant to
 4    Section 5 of this Act.
 5        The Administrator shall maintain  lists  of  transferable
 6    property and of State agency needs for such property and will
 7    transfer  where  appropriate  listed transferable property to
 8    agencies listing their needs for such property as detailed by
 9    their  responsible  officers.  The  Administrator  must  give
10    priority for transfer of an airplane to a  public  university
11    or  college  in  Illinois  that  offers  courses in aviation,
12    flight training, or other subjects involving knowledge of the
13    workings of an airplane and that has listed the need  for  an
14    airplane.
15    (Source: P.A. 82-1047.)

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