Sen. Antonio Muņoz

Filed: 4/18/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2640

2    AMENDMENT NO. ______. Amend Senate Bill 2640 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by adding Section 805-538 as follows:
 
7    (20 ILCS 805/805-538 new)
8    Sec. 805-538. Retiring officer; purchase of service
9firearm and police badge. The Director of Natural Resources
10shall establish a program to allow a Conservation Police
11Officer who is honorably retiring in good standing to purchase
12either one or both of the following: (1) any Department of
13Natural Resources police badge previously issued to that
14officer; or (2) if the officer has a currently valid Firearm
15Owner's Identification Card, the service firearm issued or
16previously issued to the officer by the Department of Natural

 

 

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1Resources. The cost of the firearm shall be the replacement
2value of the firearm and not the firearm's fair market value.
 
3    Section 10. The State Police Act is amended by adding
4Section 17b as follows:
 
5    (20 ILCS 2610/17b new)
6    Sec. 17b. Retiring officer; purchase of service firearm and
7police badge. The Director of State Police shall establish a
8policy to allow a State Police officer who is honorably
9retiring or separating in good standing to purchase either one
10or both of the following: (i) any State Police badge previously
11issued to that officer; or (ii) if the officer has a currently
12valid Firearm Owner's Identification Card, the service firearm
13issued or previously issued to the officer by the Department of
14State Police. The cost of the firearm purchased shall be the
15replacement value of the firearm and not the firearm's fair
16market value.
 
17    Section 15. The State Property Control Act is amended by
18changing Section 7 as follows:
 
19    (30 ILCS 605/7)  (from Ch. 127, par. 133b10)
20    Sec. 7. Disposition of transferable property.
21    (a) Except as provided in subsection (c), whenever a
22responsible officer considers it advantageous to the State to

 

 

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1dispose of transferable property by trading it in for credit on
2a replacement of like nature, the responsible officer shall
3report the trade-in and replacement to the administrator on
4forms furnished by the latter. The exchange, trade or transfer
5of "textbooks" as defined in Section 18-17 of the School Code
6between schools or school districts pursuant to regulations
7adopted by the State Board of Education under that Section
8shall not constitute a disposition of transferable property
9within the meaning of this Section, even though such exchange,
10trade or transfer occurs within 5 years after the textbooks are
11first provided for loan pursuant to Section 18-17 of the School
12Code.
13    (b) Except as provided in subsection (c), whenever it is
14deemed necessary to dispose of any item of transferable
15property, the administrator shall proceed to dispose of the
16property by sale or scrapping as the case may be, in whatever
17manner he considers most advantageous and most profitable to
18the State. Items of transferable property which would
19ordinarily be scrapped and disposed of by burning or by burial
20in a landfill may be examined and a determination made whether
21the property should be recycled. This determination and any
22sale of recyclable property shall be in accordance with rules
23promulgated by the Administrator.
24    When the administrator determines that property is to be
25disposed of by sale, he shall offer it first to the
26municipalities, counties, and school districts of the State and

 

 

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1to charitable, not-for-profit educational and public health
2organizations, including but not limited to medical
3institutions, clinics, hospitals, health centers, schools,
4colleges, universities, child care centers, museums, nursing
5homes, programs for the elderly, food banks, State Use
6Sheltered Workshops and the Boy and Girl Scouts of America, for
7purchase at an appraised value. Notice of inspection or viewing
8dates and property lists shall be distributed in the manner
9provided in rules and regulations promulgated by the
10Administrator for that purpose.
11    Electronic data processing equipment purchased and charged
12to appropriations may, at the discretion of the administrator,
13be sold, pursuant to contracts entered into by the Director of
14Central Management Services or the heads of agencies exempt
15from "The Illinois Purchasing Act". However such equipment
16shall not be sold at prices less than the purchase cost thereof
17or depreciated value as determined by the administrator. No
18sale of the electronic data processing equipment and lease to
19the State by the purchaser of such equipment shall be made
20under this Act unless the Director of Central Management
21Services finds that such contracts are financially
22advantageous to the State.
23    Disposition of other transferable property by sale, except
24sales directly to local governmental units, school districts,
25and not-for-profit educational, charitable and public health
26organizations, shall be subject to the following minimum

 

 

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1conditions:
2        (1) The administrator shall cause the property to be
3    advertised for sale to the highest responsible bidder,
4    stating time, place, and terms of such sale at least 7 days
5    prior to the time of sale and at least once in a newspaper
6    having a general circulation in the county where the
7    property is to be sold.
8        (2) If no acceptable bids are received, the
9    administrator may then sell the property in whatever manner
10    he considers most advantageous and most profitable to the
11    State.
12    (c) Notwithstanding any other provision of this Act, an
13agency covered by this Act may transfer books, serial
14publications, or other library materials that are transferable
15property, or that have been withdrawn from the agency's library
16collection through a regular collection evaluation process, to
17any of the following entities:
18        (1) Another agency covered by this Act located in
19    Illinois.
20        (2) A State supported university library located in
21    Illinois.
22        (3) A tax-supported public library located in
23    Illinois, including a library established by a public
24    library district.
25        (4) A library system organized under the Illinois
26    Library System Act or any library located in Illinois that

 

 

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1    is a member of such a system.
2        (5) A non-profit agency, located in or outside
3    Illinois.
4    A transfer of property under this subsection is not subject
5to the requirements of subsection (a) or (b).
6    In addition, an agency covered by this Act may sell or
7exchange books, serial publications, and other library
8materials that have been withdrawn from its library collection
9through a regular collection evaluation process. Those items
10may be sold to the public at library book sales or to book
11dealers or may be offered through exchange to book dealers or
12other organizations. Revenues generated from the sale of
13withdrawn items shall be retained by the agency in a separate
14account to be used solely for the purchase of library
15materials; except that in the case of the State Library,
16revenues from the sale of withdrawn items shall be deposited
17into the State Library Fund to be used for the purposes stated
18in Section 25 of the State Library Act.
19    For purposes of this subsection (c), "library materials"
20means physical entities of any substance that serve as carriers
21of information, including, without limitation, books, serial
22publications, periodicals, microforms, graphics, audio or
23video recordings, and machine readable data files.
24    (d) Notwithstanding any other provision of this Act, the
25Director of State Police may dispose of a service firearm or
26police badge issued or previously issued to a retiring or

 

 

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1separating State Police officer as provided in Section 17b of
2the State Police Act. The Director of Natural Resources may
3dispose of a service firearm or police badge issued previously
4to a retiring Conservation Police Officer as provided in
5Section 805-538 of the Department of Natural Resources
6(Conservation) Law of the Civil Administrative Code of
7Illinois. The Director of the Secretary of State Department of
8Police may dispose of a service firearm or police badge issued
9or previously issued to a retiring Secretary of State Police
10officer, inspector, or investigator as provided in Section
112-116 of the Illinois Vehicle Code.
12(Source: P.A. 96-498, eff. 8-14-09.)
 
13    Section 20. The Illinois Vehicle Code is amended by
14changing Section 2-116 as follows:
 
15    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
16    Sec. 2-116. Secretary of State Department of Police.
17    (a) The Secretary of State and the officers, inspectors,
18and investigators appointed by him shall cooperate with the
19State Police and the sheriffs and police in enforcing the laws
20regulating the operation of vehicles and the use of the
21highways.
22    (b) The Secretary of State may provide training and
23education for members of his office in traffic regulation, the
24promotion of traffic safety and the enforcement of laws vested

 

 

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1in the Secretary of State for administration and enforcement
2regulating the operation of vehicles and the use of the
3highways.
4    (c) The Secretary of State may provide distinctive uniforms
5and badges for officers, inspectors and investigators employed
6in the administration of laws relating to the operation of
7vehicles and the use of the highways and vesting the
8administration and enforcement of such laws in the Secretary of
9State.
10    (c-5) The Director of the Secretary of State Department of
11Police shall establish a program to allow a Secretary of State
12Police officer, inspector, or investigator who is honorably
13retiring in good standing to purchase either one or both of the
14following: (1) any Secretary of State Department of Police
15badge previously issued to that officer, inspector, or
16investigator; or (2) if the officer, inspector, or investigator
17has a currently valid Firearm Owner's Identification Card, the
18service firearm issued or previously issued to the officer,
19inspector, or investigator by the Secretary of State Department
20of Police. The cost of the firearm shall be the replacement
21value of the firearm and not the firearm's fair market value.
22    (d) The Secretary of State Department of Police is
23authorized to:
24        (1) investigate the origins, activities, persons, and
25    incidents of crime and the ways and means, if any, to
26    redress the victims of crimes, and study the impact, if

 

 

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1    any, of legislation relative to the criminal laws of this
2    State related thereto and conduct any other investigations
3    as may be provided by law;
4        (2) employ skilled experts, technicians,
5    investigators, special agents, or otherwise specially
6    qualified persons to aid in preventing or detecting crime,
7    apprehending criminals, or preparing and presenting
8    evidence of violations of the criminal laws of the State;
9        (3) cooperate with the police of cities, villages, and
10    incorporated towns, and with the police officers of any
11    county, in enforcing the laws of the State and in making
12    arrests;
13        (4) provide, as may be required by law, assistance to
14    local law enforcement agencies through training,
15    management, and consultant services for local law
16    enforcement agencies, pertaining to law enforcement
17    activities;
18        (5) exercise the rights, powers, and duties which have
19    been vested in it by the Secretary of State Act and this
20    Code; and
21        (6) enforce and administer any other laws in relation
22    to law enforcement as may be vested in the Secretary of
23    State Department of Police.
24    Persons within the Secretary of State Department of Police
25who exercise these powers are conservators of the peace and
26have all the powers possessed by policemen in municipalities

 

 

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1and sheriffs, and may exercise these powers anywhere in the
2State in cooperation with local law enforcement officials.
3These persons may use false or fictitious names in the
4performance of their duties under this Section, upon approval
5of the Director of Police-Secretary of State, and shall not be
6subject to prosecution under the criminal laws for that use.
7    (e) The Secretary of State Department of Police may charge,
8collect, and receive fees or moneys equivalent to the cost of
9providing its personnel, equipment, and services to
10governmental agencies when explicitly requested by a
11governmental agency and according to an intergovernmental
12agreement or memorandums of understanding as provided by this
13Section, including but not limited to fees or moneys equivalent
14to the cost of providing training to other governmental
15agencies on terms and conditions that in the judgment of the
16Director of Police-Secretary of State are in the best interest
17of the Secretary of State. All fees received by the Secretary
18of State Police Department under this Act shall be deposited in
19a special fund in the State Treasury to be known as the
20Secretary of State Police Services Fund. The money deposited in
21the Secretary of State Police Services Fund shall be
22appropriated to the Secretary of State Department of Police as
23provided for in subsection (g).
24    (f) The Secretary of State Department of Police may apply
25for grants or contracts and receive, expend, allocate, or
26disburse moneys made available by public or private entities,

 

 

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1including, but not limited to, contracts, bequests, grants, or
2receiving equipment from corporations, foundations, or public
3or private institutions of higher learning.
4    (g) The Secretary of State Police Services Fund is hereby
5created as a special fund in the State Treasury. All moneys
6received under this Section by the Secretary of State
7Department of Police shall be deposited into the Secretary of
8State Police Services Fund to be appropriated to the Secretary
9of State Department of Police for purposes as indicated by the
10grantor or contractor or, in the case of moneys bequeathed or
11granted for no specific purpose, for any purpose as deemed
12appropriate by the Director of Police-Secretary of State in
13administering the responsibilities of the Secretary of State
14Department of Police.
15(Source: P.A. 92-501, eff. 12-19-01.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".