97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1411

 

Introduced , by Rep. Bill Mitchell

 

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,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 20-15 as follows:
 
6    (5 ILCS 430/20-15)
7    Sec. 20-15. Duties of the Executive Ethics Commission. In
8addition to duties otherwise assigned by law, the Executive
9Ethics 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
7changing 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
10transferable property and shall have authority to take
11possession and control of such property in order to transfer or
12assign any such property to any other State agency that has
13need or use for such property or to dispose of said property in
14accordance with Section 7 of this Act.
15    Notwithstanding any other provision of law to the contrary,
163 executive aircraft and 2 helicopters owned by the State, as
17selected by the Administrator and not designated for emergency
18use under a plan developed pursuant to Section 3.120 of the
19Emergency Medical Services (EMS) Systems Act, are deemed
20surplus and shall be sold by the Administrator as soon as
21possible after the effective date of this amendatory Act of the
2297th General Assembly using a competitive sealed bid method of
23sale. Proceeds from the sale of those aircraft and helicopters
24shall be deposited into the General Revenue Fund.

 

 

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

 

 

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