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