HB5296 98TH GENERAL ASSEMBLY

LRB098 17960 OMW 53085 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5296

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.

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 Officials and Employees Ethics Act is amended by changing Section 20-15 as follows:

(5 ILCS 430/20-15)

Sec. 20-15. Duties of the Executive Ethics Commission. In addition to duties otherwise assigned by law, the Executive Ethics Commission shall have the following duties:

(1) To promulgate rules governing the performance of its duties and the exercise of its powers and governing the investigations of the Executive Inspectors General. It is declared to be in the public interest, safety, and welfare that the Commission adopt emergency rules under the Illinois Administrative Procedure Act to initially perform its duties under this subsection.

(2) To conduct administrative hearings and rule on matters brought before the Commission only upon the receipt of pleadings filed by an Executive Inspector General and not upon its own prerogative, but may appoint special Executive Inspectors General as provided in Section 20-21. Any other allegations of misconduct received by the Commission from a person other than an Executive Inspector General shall be referred to the Office of the appropriate Executive Inspector General.

(3) To prepare and publish manuals and guides and, working with the Office of the Attorney General, oversee training of employees under its jurisdiction that explains their duties.

(4) To prepare public information materials to facilitate compliance, implementation, and enforcement of this Act.

(5) To submit reports as required by this Act.

(6) To the extent authorized by this Act, to make rulings, issue recommendations, and impose administrative fines, if appropriate, in connection with the implementation and interpretation of this Act. The powers and duties of the Commission are limited to matters clearly within the purview of this Act.

(7) To issue subpoenas with respect to matters pending before the Commission, subject to the provisions of this Article and in the discretion of the Commission, to compel the attendance of witnesses for purposes of testimony and the production of documents and other items for inspection and copying.

(8) To appoint special Executive Inspectors General as provided in Section 20-21.

(9) To adopt rules for the executive branch of State government for the use of and travel on State aircraft. The Commission's rules shall supersede any rules for the use of and travel on State aircraft applicable to the executive branch of State government adopted by the State's various travel control boards or the Travel Regulation Council.

(Source: P.A. 93-617, eff. 12-9-03.)

Section 10. 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, 3 executive aircraft and 2 helicopters 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 98th General Assembly using a competitive sealed bid method of sale. Proceeds from the sale of those aircraft 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.