Ill. Admin. Code tit. 20, § 1810.800 - Requirements for Use and Disposition of Property
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.
b) Property records shall include a current
property inventory report which is updated as property is acquired or disposed
of. Property records shall be maintained accurately and provide for: a
description of the property; manufacturers serial number or other
identification number; acquisition date and cost; source of property;
percentage of Trust Funds used in the purchase of property; location, use, and
condition of the property; and ultimate disposition information.
c) The property inventory report shall be
updated by the implementing entity as property is acquired and maintained
accordingly. In addition, a complete physical inventory of property shall be
taken and the results reconciled with the property records at least annually to
verify existence, current use, and continued need for the property.
d) The implementing entity shall employ a
property control system to insure adequate safeguards to prevent loss, damage,
or theft to the property. Any loss, damage, or theft of nonexpendable property
shall be investigated and fully documented. Any loss, damage, or theft of items
purchased with Trust Funds in excess of $500 shall be reported to the Executive
Director within seven calendar days after the loss, damage, or theft.
e) The implementing entity shall employ
adequate maintenance procedures to keep the property in good
condition.
f) If the implementing
entity is authorized or required by the Council to sell the property, proper
sale procedures shall be established for unneeded property which would provide
for competition to the extent practicable and result in the highest possible
return.
g) Specific standards for
control of intangible property are provided as follows:
1) If any program produces processes or
inventions that could result in patents or patent rights, in the course of work
aided by a Council-funded program, such fact shall be promptly and fully
reported to the Executive Director, who shall determine whether protection of
such invention or discovery shall be sought and how the rights in the invention
or discovery (including rights under any patent issued thereon) shall be
allocated and administered in order to protect the public interest.
2) Where the award agreement results in a
book or other material which could be copyrighted, the author or implementing
entity is free to copyright the work, but the Council reserves a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, or otherwise use,
and to authorize others to use, the work for government purposes.
h) Records for property acquired
with Trust Funds shall be retained for five years after the final disposition
of the property.
Notes
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