HB4800 96TH GENERAL ASSEMBLY

  
  

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4800

 

Introduced 1/12/2010, by Rep. William B. Black

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/20-15
30 ILCS 605/7.3   from Ch. 127, par. 133b10.3

    Amends the State Officials and Employees Ethics Act and the State Property Control Act. Requires the Executive Ethics Commission to adopt rules for the use of and travel on State aircraft that supersede any such rules applicable to the executive branch of State government adopted by the State's various travel control boards or the Travel Regulation Council. Provides that 3 executive aircraft and 2 helicopters owned by the State and not designated for emergency use are surplus property and must be sold by a competitive sealed bid method (now, a transferable airplane may be disposed of only if (i) it is no longer needed, (ii) it will not be used as a trade-in, and (iii) a public university or college offering aviation-related instruction or training has not listed its need for an airplane). Requires that the sale proceeds be deposited into the General Revenue Fund. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Officials and Employees Ethics Act is
5 amended by changing Section 20-15 as follows:
 
6     (5 ILCS 430/20-15)
7     Sec. 20-15. Duties of the Executive Ethics Commission. In
8 addition to duties otherwise assigned by law, the Executive
9 Ethics Commission shall have the following duties:
10         (1) To promulgate rules governing the performance of
11     its duties and the exercise of its powers and governing the
12     investigations of the Executive Inspectors General. It is
13     declared to be in the public interest, safety, and welfare
14     that the Commission adopt emergency rules under the
15     Illinois Administrative Procedure Act to initially perform
16     its duties under this subsection.
17         (2) To conduct administrative hearings and rule on
18     matters brought before the Commission only upon the receipt
19     of pleadings filed by an Executive Inspector General and
20     not upon its own prerogative, but may appoint special
21     Executive Inspectors General as provided in Section 20-21.
22     Any other allegations of misconduct received by the
23     Commission from a person other than an Executive Inspector

 

 

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1     General shall be referred to the Office of the appropriate
2     Executive Inspector General.
3         (3) To prepare and publish manuals and guides and,
4     working with the Office of the Attorney General, oversee
5     training of employees under its jurisdiction that explains
6     their duties.
7         (4) To prepare public information materials to
8     facilitate compliance, implementation, and enforcement of
9     this Act.
10         (5) To submit reports as required by this Act.
11         (6) To the extent authorized by this Act, to make
12     rulings, issue recommendations, and impose administrative
13     fines, if appropriate, in connection with the
14     implementation and interpretation of this Act. The powers
15     and duties of the Commission are limited to matters clearly
16     within the purview of this Act.
17         (7) To issue subpoenas with respect to matters pending
18     before the Commission, subject to the provisions of this
19     Article and in the discretion of the Commission, to compel
20     the attendance of witnesses for purposes of testimony and
21     the production of documents and other items for inspection
22     and copying.
23         (8) To appoint special Executive Inspectors General as
24     provided in Section 20-21.
25         (9) To adopt rules for the executive branch of State
26     government for the use of and travel on State aircraft. The

 

 

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1     Commission's rules shall supersede any rules for the use of
2     and travel on State aircraft applicable to the executive
3     branch of State government adopted by the State's various
4     travel control boards or the Travel Regulation Council.
5 (Source: P.A. 93-617, eff. 12-9-03.)
 
6     Section 10. The State Property Control Act is amended by
7 changing Section 7.3 as follows:
 
8     (30 ILCS 605/7.3)  (from Ch. 127, par. 133b10.3)
9     Sec. 7.3. The Administrator shall have charge of all
10 transferable property and shall have authority to take
11 possession and control of such property in order to transfer or
12 assign any such property to any other State agency that has
13 need or use for such property or to dispose of said property in
14 accordance with Section 7 of this Act.
15     Notwithstanding any other provision of law to the contrary,
16 3 executive aircraft and 2 helicopters owned by the State, as
17 selected by the Administrator and not designated for emergency
18 use under a plan developed pursuant to Section 3.120 of the
19 Emergency Medical Services (EMS) Systems Act, are deemed
20 surplus and shall be sold by the Administrator as soon as
21 possible after the effective date of this amendatory Act of the
22 96th General Assembly using a competitive sealed bid method of
23 sale. Proceeds from the sale of those aircraft and helicopters
24 shall be deposited into the General Revenue Fund.

 

 

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1     The Administrator may not dispose of a transferable
2 airplane by sale until he or she determines that (i) the agency
3 no longer has a need for the airplane, (ii) the airplane will
4 not be used as a trade-in on another aircraft, and (iii) no
5 public university or college in Illinois that offers courses in
6 aviation, flight training, or other subjects involving
7 knowledge of the workings of an airplane has listed the need
8 for an airplane as provided in this Section.
9     Responsible officers shall periodically report all
10 transferable property at locations under their jurisdictions
11 to the Administrator. The Administrator shall review such
12 reports and arrange for physical examination of said property
13 if necessary to determine if said items of transferable
14 property should be transferred to another State agency,
15 transferred to a central warehouse, or disposed of. The
16 Administrator shall advise responsible officers of the results
17 of these reviews as necessary.
18     The staff under the jurisdiction of the Administrator shall
19 review as necessary State agencies' inventories for potential
20 items of transferable property. If in the opinion of the
21 Administrator's staff, any property appears to be
22 transferable, the Administrator shall notify the responsible
23 officer of his determination. The executive head of the agency
24 holding the property in question may appeal the determination
25 in writing to the Administrator.
26     The Administrator will review the determination in

 

 

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1 accordance with rules and procedures established pursuant to
2 Section 5 of this Act.
3     The Administrator shall maintain lists of transferable
4 property and of State agency needs for such property and will
5 transfer where appropriate listed transferable property to
6 agencies listing their needs for such property as detailed by
7 their responsible officers. The Administrator must give
8 priority for transfer of an airplane, that is not to be used as
9 a trade-in, to a public university or college in Illinois that
10 offers courses in aviation, flight training, or other subjects
11 involving knowledge of the workings of an airplane and that has
12 listed the need for an airplane.
13 (Source: P.A. 91-432, eff. 1-1-00.)
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.