HB5488 96TH GENERAL ASSEMBLY

LRB096 17055 RLJ 32376 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5488

Introduced 2/5/2010, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

30 ILCS 605/7.3

from Ch. 127, par. 133b10.3

Amends the State Property Control Act. Provides that all but one airplane and one helicopter 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Property Control Act is amended by changing Section 7.3 as follows:

(30 ILCS 605/7.3) (from Ch. 127, par. 133b10.3)

Sec. 7.3. The Administrator shall have charge of all transferable property and shall have authority to take possession and control of such property in order to transfer or assign any such property to any other State agency that has need or use for such property or to dispose of said property in accordance with Section 7 of this Act.

Notwithstanding any other provision of law to the contrary, all but one airplane and one helicopter owned by the State, as selected by the Administrator and not designated for emergency use under a plan developed pursuant to Section 3.120 of the Emergency Medical Services (EMS) Systems Act, are deemed surplus and shall be sold by the Administrator as soon as possible after the effective date of this amendatory Act of the 96th General Assembly using a competitive sealed bid method of sale. Proceeds from the sale of those airplanes and helicopters shall be deposited into the General Revenue Fund.

The Administrator may not dispose of a transferable airplane by sale until he or she determines that (i) the agency no longer has a need for the airplane, (ii) the airplane will not be used as a trade-in on another aircraft, and (iii) no public university or college in Illinois that offers courses in aviation, flight training, or other subjects involving knowledge of the workings of an airplane has listed the need for an airplane as provided in this Section.

Responsible officers shall periodically report all transferable property at locations under their jurisdictions to the Administrator. The Administrator shall review such reports and arrange for physical examination of said property if necessary to determine if said items of transferable property should be transferred to another State agency, transferred to a central warehouse, or disposed of. The Administrator shall advise responsible officers of the results of these reviews as necessary.

The staff under the jurisdiction of the Administrator shall review as necessary State agencies' inventories for potential items of transferable property. If in the opinion of the Administrator's staff, any property appears to be transferable, the Administrator shall notify the responsible officer of his determination. The executive head of the agency holding the property in question may appeal the determination in writing to the Administrator.

The Administrator will review the determination in accordance with rules and procedures established pursuant to Section 5 of this Act.

The Administrator shall maintain lists of transferable property and of State agency needs for such property and will transfer where appropriate listed transferable property to agencies listing their needs for such property as detailed by their responsible officers. The Administrator must give priority for transfer of an airplane, that is not to be used as a trade-in, to a public university or college in Illinois that offers courses in aviation, flight training, or other subjects involving knowledge of the workings of an airplane and that has listed the need for an airplane.

(Source: P.A. 91-432, eff. 1-1-00.)

Section 99. Effective date. This Act takes effect upon becoming law.