100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4286

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Law Enforcement Agency Military Equipment Purchase Act. Provides that a law enforcement agency may not receive the following property from a military equipment surplus program operated by the federal government: (1) drones that are armored, weaponized, or both; (2) aircraft that are combat configured or combat coded; (3) grenades or similar explosives and grenade launchers; (4) silencers; or (5) militarized armored vehicles. Provides that if a law enforcement agency purchases property from a military equipment surplus program operated by the federal government, the law enforcement agency may only use State or unit of local government funds for the purchase. Provides that funds obtained from the federal government may not be used to purchase property from a military equipment surplus program. Provides that if a law enforcement agency requests property from a military equipment surplus program, the law enforcement agency shall publish a notice of the request on a publicly accessible website within 14 days after the request. Defines terms. Preempts home rule.


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HOME RULE 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 1. Short title. This Act may be cited as the Law
5Enforcement Agency Military Equipment Purchase Act.
 
6    Section 5. Definitions. In this Act:
7    "Aircraft" means any contrivance now known or hereafter
8invented, used, or designed for navigation of, or flight in,
9the air.
10    "Drone" means any aerial vehicle that does not carry a
11human operator.
12    "Law enforcement agency" means any agency of this State or
13a political subdivision of this State that is vested by law
14with the duty to maintain public order and to enforce criminal
15laws.
16    "Silencer" means any device or attachment of any kind
17designed, used, or intended for use in silencing the report of
18any firearm or any device attached to or part of the muzzle of
19a firearm that reduces the muzzle report and visible flash
20generated by the firearm's firing.
 
21    Section 10. Limitations on excess property provided to
22local law enforcement.

 

 

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1    (a) A law enforcement agency may not receive the following
2property from a military equipment surplus program operated by
3the federal government:
4        (1) drones that are armored, weaponized, or both;
5        (2) aircraft that are combat configured or combat
6    coded;
7        (3) grenades or similar explosives and grenade
8    launchers;
9        (4) silencers; or
10        (5) militarized armored vehicles.
11    (b) If a law enforcement agency purchases property from a
12military equipment surplus program operated by the federal
13government, the law enforcement agency may only use State or
14unit of local government funds for the purchase. Funds obtained
15from the federal government may not be used to purchase
16property from a military equipment surplus program.
17    (c) If a law enforcement agency requests property from a
18military equipment surplus program, the law enforcement agency
19shall publish a notice of the request on a publicly accessible
20website within 14 days after the request.
 
21    Section 15. Home rule preemption.
22    (a) The regulation of the purchase by a law enforcement
23agency or by a unit of government for the law enforcement
24agency of property from a military equipment surplus program
25operated by the federal government is an exclusive State power

 

 

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1and function. A home rule unit may not regulate the purchase by
2a law enforcement agency or by a unit of government for the law
3enforcement agency of property from a military equipment
4surplus program operated by the federal government in a manner
5inconsistent with this Act.
6    (b) This Act is a denial and limitation of home rule powers
7and functions under subsection (g) of Section 6 of Article VII
8of the Illinois Constitution.