Sen. Steve Stadelman
Filed: 3/29/2016
 
 

 

 

 
09900SB2256sam001LRB099 16076 AWJ 43301 a



1
AMENDMENT TO SENATE BILL 2256 




2    AMENDMENT NO. ______. Amend Senate Bill 2256 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The State Police Act is amended by adding 
5Section 17b as follows:
 
6    (20 ILCS 2610/17b new)
7    Sec. 17b. Military equipment surplus program.
8    (a) For purposes of this Section:
9    "Bayonet" means large knives designed to be attached to the 
10muzzle of a rifle, shotgun, or long gun for the purposes of 
11hand-to-hand combat.
12    "Camouflage uniform" does not include woodland or desert 
13patterns or solid color uniforms.
14    "Grenade launcher" means a firearm or firearm accessory 
15designed to launch small explosive projectiles.
16    "Military equipment surplus program" means any federal or 
 
 
09900SB2256sam001- 2 -LRB099 16076 AWJ 43301 a

1state program allowing a law enforcement agency to obtain 
2surplus military equipment including, but not limit to, any 
3program organized under Section 1122 of the National Defense 
4Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or 
5Section 1033 of the National Defense Authorization Act for 
6Fiscal Year 1997 (Pub. L. 104-201).
7    "Tracked armored vehicle" means a vehicle that provides 
8ballistic protection to its occupants and utilizes a tracked 
9system installed of wheels for forward motion.
10    "Weaponized aircraft, vessels, or vehicles" means any 
11aircraft, vessel, or vehicle with weapons installed.
12    (b) The Department shall not request or receive from any 
13military equipment surplus program the following equipment:
14        (1) tracked armored vehicles;
15        (2) weaponized aircraft, vessels, or vehicles;
16        (3) firearms of .50-caliber or higher;
17        (4) ammunition of .50-caliber or higher;
18        (5) grenade launchers;
19        (6) bayonets; or
20        (7) camouflage uniforms.
21    (c) If the Department requests property from a military 
22equipment surplus program, the Department shall publish notice 
23of the request on a publicly accessible website maintained by 
24the Department within 14 days after the request.
 
25    Section 10. The Counties Code is amended  by adding Section 
 
 
09900SB2256sam001- 3 -LRB099 16076 AWJ 43301 a

13-6041 as follows:
 
2    (55 ILCS 5/3-6041 new)
3    Sec. 3-6041. Military equipment surplus program.
4    (a) For purposes of this Section:
5    "Bayonet" means large knives designed to be attached to the 
6muzzle of a rifle, shotgun, or long gun for the purposes of 
7hand-to-hand combat.
8    "Camouflage uniform" does not include woodland or desert 
9patterns or solid color uniforms.
10    "Grenade launcher" means a firearm or firearm accessory 
11designed to launch small explosive projectiles.
12    "Military equipment surplus program" means any federal or 
13state program allowing a law enforcement agency to obtain 
14surplus military equipment including, but not limit to, any 
15program organized under Section 1122 of the National Defense 
16Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or 
17Section 1033 of the National Defense Authorization Act for 
18Fiscal Year 1997 (Pub. L. 104-201).
19    "Tracked armored vehicle" means a vehicle that provides 
20ballistic protection to its occupants and utilizes a tracked 
21system installed of wheels for forward motion.
22    "Weaponized aircraft, vessels, or vehicles" means any 
23aircraft, vessel, or vehicle with weapons installed.
24    (b) The sheriff shall not request or receive from any 
25military equipment surplus program the following equipment:
 
 
09900SB2256sam001- 4 -LRB099 16076 AWJ 43301 a

1        (1) tracked armored vehicles;
2        (2) weaponized aircraft, vessels, or vehicles;
3        (3) firearms of .50-caliber or higher;
4        (4) ammunition of .50-caliber or higher;
5        (5) grenade launchers;
6        (6) bayonets; or
7        (7) camouflage uniforms.
8    (c) A home rule county may not regulate the acquisition of 
9equipment in a manner inconsistent with this Section.  This 
10Section is a limitation under subsection (i) of Section 6 of 
11Article VII of the Illinois Constitution on the concurrent 
12exercise by home rule counties of powers and functions 
13exercised by the State. 
14    (d) If the sheriff requests property from a military 
15equipment surplus program, the sheriff shall publish notice of 
16the request on a publicly accessible website maintained by the 
17sheriff or the county within 14 days after the request.
 
18    Section 15. The Illinois Municipal Code is amended  by 
19adding Section 11-5.1-2 as follows:
 
20    (65 ILCS 5/11-5.1-2 new)
21    Sec. 11-5.1-2. Military equipment surplus program.
22    (a) For purposes of this Section:
23    "Bayonet" means large knives designed to be attached to the 
24muzzle of a rifle, shotgun, or long gun for the purposes of 
 
 
09900SB2256sam001- 5 -LRB099 16076 AWJ 43301 a

1hand-to-hand combat.
2    "Camouflage uniform" does not include woodland or desert 
3patterns or solid color uniforms.
4    "Grenade launcher" means a firearm or firearm accessory 
5designed to launch small explosive projectiles.
6    "Military equipment surplus program" means any federal or 
7state program allowing a law enforcement agency to obtain 
8surplus military equipment including, but not limit to, any 
9program organized under Section 1122 of the National Defense 
10Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or 
11Section 1033 of the National Defense Authorization Act for 
12Fiscal Year 1997 (Pub. L. 104-201).
13    "Tracked armored vehicle" means a vehicle that provides 
14ballistic protection to its occupants and utilizes a tracked 
15system installed of wheels for forward motion.
16    "Weaponized aircraft, vessels, or vehicles" means any 
17aircraft, vessel, or vehicle with weapons installed.
18    (b) A police department shall not request or receive from 
19any military equipment surplus program the following 
20equipment:
21        (1) tracked armored vehicles;
22        (2) weaponized aircraft, vessels, or vehicles;
23        (3) firearms of .50-caliber or higher;
24        (4) ammunition of .50-caliber or higher;
25        (5) grenade launchers;
26        (6) bayonets; or
 
 
09900SB2256sam001- 6 -LRB099 16076 AWJ 43301 a

1        (7) camouflage uniforms.
2    (c) A home rule municipality may not regulate the 
3acquisition of equipment in a manner inconsistent with this 
4Section.  This Section is a limitation under subsection (i) of 
5Section 6 of Article VII of the Illinois Constitution on the 
6concurrent exercise by home rule municipalities of powers and 
7functions exercised by the State. 
8    (d) If a police department requests property from a 
9military equipment surplus program, the police department 
10shall publish notice of the request on a publicly accessible 
11website maintained by the police department or the municipality 
12within 14 days after the request.
 
 
13    Section 99. Effective date. This Act takes effect upon 
14becoming law.".