Full Text of SB2256 99th General Assembly
SB2256 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2256 Introduced 1/27/2016, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-6041 new | | 65 ILCS 5/11-5.1-2 new | |
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Amends the Counties Code and the Illinois Municipal Code. Provides that a sheriff's office or police department may not request or receive specified equipment or vehicles from military equipment surplus programs. Further provides that, if a sheriff's office or a police department requests property from a military equipment surplus program, then the sheriff's office or police department shall publish notice of the request on a publicly accessible website within 14 days after the request. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2256 | | LRB099 16076 AWJ 40399 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 3-6041 as follows: | 6 | | (55 ILCS 5/3-6041 new) | 7 | | Sec. 3-6041. Military equipment surplus program. | 8 | | (a) For purposes of this Section: | 9 | | "Bayonet" means large knives designed to be attached to the | 10 | | muzzle of a rifle, shotgun, or long gun for the purposes of | 11 | | hand-to-hand combat. | 12 | | "Camouflage uniform" does not include woodland or desert | 13 | | patterns or solid color uniforms. | 14 | | "Grenade launcher" means a firearm or firearm accessory | 15 | | designed to launch small explosive projectiles. | 16 | | "Military equipment surplus program" means any federal or | 17 | | state program allowing a law enforcement agency to obtain | 18 | | surplus military equipment including, but not limit to, any | 19 | | program organized under Section 1122 of the National Defense | 20 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | 21 | | Section 1033 of the National Defense Authorization Act for | 22 | | Fiscal Year 1997 (Pub. L. 104-201). | 23 | | "Tracked armored vehicle" means a vehicle that provides |
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| 1 | | ballistic protection to its occupants and utilizes a tracked | 2 | | system installed of wheels for forward motion. | 3 | | "Weaponized aircraft, vessels, or vehicles" means any | 4 | | aircraft, vessel, or vehicle with weapons installed. | 5 | | (b) A sheriff's office shall not request or receive from | 6 | | any military equipment surplus program the following | 7 | | equipment: | 8 | | (1) tracked armored vehicles; | 9 | | (2) weaponized aircraft, vessels, or vehicles; | 10 | | (3) firearms of .50-caliber or higher; | 11 | | (4) ammunition of .50-caliber or higher; | 12 | | (5) grenade launchers; | 13 | | (6) bayonets; or | 14 | | (7) camouflage uniforms. | 15 | | (c) A home rule unit may not regulate the acquisition of | 16 | | equipment in a manner inconsistent with this Section. This | 17 | | Section is a limitation under subsection (i) of Section 6 of | 18 | | Article VII of the Illinois Constitution on the concurrent | 19 | | exercise by home rule units of powers and functions exercised | 20 | | by the State. | 21 | | (d) If a sheriff's office requests property from a military | 22 | | equipment surplus program, the sheriff's office shall publish | 23 | | notice of the request on a publicly accessible website | 24 | | maintained by the sheriff's office or the county within 14 days | 25 | | after the request. |
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| 1 | | Section 10. The Illinois Municipal Code is amended by | 2 | | adding Section 11-5.1-2 as follows: | 3 | | (65 ILCS 5/11-5.1-2 new) | 4 | | Sec. 11-5.1-2. Military equipment surplus program. | 5 | | (a) For purposes of this Section: | 6 | | "Bayonet" means large knives designed to be attached to the | 7 | | muzzle of a rifle, shotgun, or long gun for the purposes of | 8 | | hand-to-hand combat. | 9 | | "Camouflage uniform" does not include woodland or desert | 10 | | patterns or solid color uniforms. | 11 | | "Grenade launcher" means a firearm or firearm accessory | 12 | | designed to launch small explosive projectiles. | 13 | | "Military equipment surplus program" means any federal or | 14 | | state program allowing a law enforcement agency to obtain | 15 | | surplus military equipment including, but not limit to, any | 16 | | program organized under Section 1122 of the National Defense | 17 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | 18 | | Section 1033 of the National Defense Authorization Act for | 19 | | Fiscal Year 1997 (Pub. L. 104-201). | 20 | | "Tracked armored vehicle" means a vehicle that provides | 21 | | ballistic protection to its occupants and utilizes a tracked | 22 | | system installed of wheels for forward motion. | 23 | | "Weaponized aircraft, vessels, or vehicles" means any | 24 | | aircraft, vessel, or vehicle with weapons installed. | 25 | | (b) A sheriff's office shall not request or receive from |
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| 1 | | any military equipment surplus program the following | 2 | | equipment: | 3 | | (1) tracked armored vehicles; | 4 | | (2) weaponized aircraft, vessels, or vehicles; | 5 | | (3) firearms of .50-caliber or higher; | 6 | | (4) ammunition of .50-caliber or higher; | 7 | | (5) grenade launchers; | 8 | | (6) bayonets; or | 9 | | (7) camouflage uniforms. | 10 | | (c) A home rule unit may not regulate the acquisition of | 11 | | equipment in a manner inconsistent with this Section. This | 12 | | Section is a limitation under subsection (i) of Section 6 of | 13 | | Article VII of the Illinois Constitution on the concurrent | 14 | | exercise by home rule units of powers and functions exercised | 15 | | by the State. | 16 | | (d) If a police department requests property from a | 17 | | military equipment surplus program, the police department | 18 | | shall publish notice of the request on a publicly accessible | 19 | | website maintained by the police department or the municipality | 20 | | within 14 days after the request.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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