Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1810 - RULES FOR THE AWARD AND MONITORING OF TRUST FUNDS › Subpart H - PROPERTY MANAGEMENT › Section 1810.800 - Requirements for Use and Disposition of Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) Property acquired by an implementing
				entity wholly or in part with Trust Funds shall, consistent with the law and
				subject to the Council's approval, be used and managed to ensure that the
				property is used for purposes consistent with the Act. Title to the property
				will not be taken by the Council, but shall be vested in the implementing
				entity subject to the following restrictions on use and disposition of the
				property:
1) Use by an Implementing Entity.
				The implementing entity shall retain and use the property acquired with Trust
				Funds as long as there is a need for the property to accomplish the purpose of
				the program, whether or not the program continues to be supported by Trust
				Funds.
2) Disposition by a State
				Implementing Entity. If it is determined that a need still exists but the
				property originally acquired by a State agency to accomplish the purpose of the
				program is no longer capable of fulfilling this need or is no longer needed to
				accomplish the purpose of the program and must be sold, traded in or replaced,
				the State agency must notify the Council in writing of its proposed plans to
				dispose of the property 30 calendar days prior to selling, trading-in or
				replacing the property in conformance with requirements of the State Property
				Control Act [30 ILCS 605 ] and rules issued pursuant thereto. Replacement
				property shall be used to further purposes of the program. The Executive
				Director on behalf of the Council shall, upon receiving notice of the proposed
				disposition plans, inform the Director of the Department of Central Management
				Services as to the need for the property to accomplish the purpose of the
				program or the Act by another implementing entity and make appropriate
				recommendations as to the disposition of the property.
3) Disposition by an Implementing Entity
				other than a State Agency.
A) If it is
				determined that a need still exists but the property originally acquired by an
				implementing entity other than a State agency to accomplish the purpose of the
				program is no longer capable of fulfilling this need and must be traded-in or
				replaced, the implementing entity other than a State agency may use the
				property as a trade-in or may sell the property and use the proceeds to offset
				the cost of replacing the property, provided, for property with a value in
				excess of $1000, it notifies the Council in writing of its proposed plans to
				dispose of the property 30 calendar days prior to selling, trading-in or
				replacing the property and obtains the approval of the Executive Director on
				behalf of the Council. Replacement property shall be used to further purposes
				of the program.
B) When an
				implementing entity other than a State agency no longer needs the property to
				accomplish the purpose of the program, and the value of the property exceeds
				$1000, it shall notify the Council and request disposition instructions. The
				Council reserves the right to make a final determination whether the property
				is needed to accomplish the purpose of the program and to take possession and
				control of the property or to transfer or assign the property to any other
				implementing entity that has a need or use for the property.
C) If, at the expiration of the need for
				funded purposes, the total inventory of any unused expendable personal property
				exceeds $500 in value, the implementing entity other than a State agency may,
				with the approval of the Executive Director, retain the property or sell the
				property as long as the implementing entity compensates the Council for its
				share of the cost. However, if the value of the property is less than $500, the
				implementing entity other than a State agency may sell or dispose of the
				property in accordance with its own procedures without compensating the
				Council, provided it notifies the Council within seven calendar days of the
				transaction.