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Sec. 17b. Retiring officer; purchase of service firearm and |
police badge. The Director of State Police shall establish a |
policy to allow a State Police officer who is honorably |
retiring or separating in good standing to purchase either one |
or both of the following: (i) any State Police badge previously |
issued to that officer; or (ii) if the officer has a currently |
valid Firearm Owner's Identification Card, the service firearm |
issued or previously issued to the officer by the Department of |
State Police. The cost of the firearm purchased shall be the |
replacement value of the firearm and not the firearm's fair |
market value.
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Section 13. The Peace Officer Fire Investigation Act is |
amended by changing Section 1 as follows:
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(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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Sec. 1. Peace officer status.
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(a) Any person who is a sworn member of any
organized and |
paid fire department of a political subdivision of this State
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and is authorized to investigate fires or explosions for such |
political
subdivision and
to determine the cause, origin and |
circumstances of fires or explosions
that are suspected to be |
arson or arson-related crimes, may be classified
as a peace |
officer by the political subdivision or agency employing such
|
person. A person so classified shall possess the same powers of |
arrest,
search and seizure and the securing and service of |
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warrants as sheriffs
of counties, and police officers within |
the jurisdiction of their political
subdivision. While in the |
actual investigation and matters incident thereto,
such person |
may carry weapons as may be necessary, but only if that person |
has
satisfactorily completed (1) a training program offered or |
approved by the
Illinois Law Enforcement Training Standards |
Board which substantially conforms
to standards promulgated |
pursuant to the Illinois Police Training Act and the Peace |
Officer and Probation Officer Firearm Training Act; and (2) a |
course in fire and arson investigation approved by the
Office |
of the State Fire Marshal pursuant to the Illinois Fire |
Protection
Training Act. Such training need not include |
exposure to vehicle and traffic
law, traffic control and |
accident investigation, or first aid, but shall
include |
training in the law relating to the rights of persons suspected |
of
involvement in criminal activities.
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Any person granted the powers enumerated in this subsection |
(a) may exercise such
powers only during the actual |
investigation of the cause, origin and
circumstances of such |
fires or explosions that are suspected to be arson or
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arson-related crimes.
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(b) Persons employed by the Office of the State Fire |
Marshal to conduct arson investigations shall be designated |
State Fire Marshal Arson Investigator Special Agents and shall |
be peace officers with all of the powers of peace officers in |
cities and sheriffs in counties, except that they may exercise |
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those powers throughout the State. These Special Agents may |
exercise these powers only when engaging in official duties |
during the actual investigation of the cause, origin, and
|
circumstances of such fires or explosions that are suspected to |
be arson or
arson-related crimes and may carry weapons at all |
times, but only if they have satisfactorily completed (1) a |
training course approved by the Illinois Law Enforcement |
Training Standards Board that substantially conforms to the |
standards promulgated pursuant to the Peace Officer and |
Probation Officer Firearm Training Act and (2) a course in fire |
and arson investigation approved by the
Office of the State |
Fire Marshal pursuant to the Illinois Fire Protection
Training |
Act. Such training need not include exposure to vehicle and |
traffic
law, traffic control and accident investigation, or |
first aid, but shall
include training in the law relating to |
the rights of persons suspected of
involvement in criminal |
activities. |
For purposes of this subsection (b), a "State Fire Marshal |
Arson Investigator Special Agent" does not include any fire |
investigator, fireman, police officer, or other employee of the |
federal government; any fire investigator, fireman, police |
officer, or other employee of any unit of local government; or |
any fire investigator, fireman, police officer, or other |
employee of the State of Illinois other than an employee of the |
Office of the State Fire Marshal assigned to investigate arson.
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The State Fire Marshal must authorize to each employee of |
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the Office
of the State Fire Marshal who is exercising the |
powers of a peace officer a
distinct badge that, on its face, |
(i) clearly states that the badge is
authorized by the Office |
of the State Fire Marshal and (ii) contains a unique
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identifying number. No other badge shall be authorized by the |
Office of the
State Fire Marshal, except that a badge, |
different from the badge issued to
peace officers, may be |
authorized by the Office of the State Fire Marshal for
the use |
of fire prevention inspectors employed by that Office.
Nothing |
in this subsection prohibits the State Fire Marshal from |
issuing
shields or other distinctive identification to |
employees not exercising the
powers of a peace officer if the |
State Fire Marshal determines that a shield or
distinctive |
identification is needed by the employee to carry out his or |
her
responsibilities.
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(c) The Office of the State Fire Marshal shall establish a |
policy to allow a State Fire Marshal Arson Investigator Special |
Agent who is honorably retiring or separating in good standing |
to purchase either one or both of the following: (i) any badge |
previously issued to that State Fire Marshal Arson Investigator |
Special Agent; or (ii) if the State Fire Marshal Arson |
Investigator Special Agent has a currently valid Firearm |
Owner's Identification Card, the service firearm issued or |
previously issued to the State Fire Marshal Arson Investigator |
Special Agent by the Office of the State Fire Marshal. The cost |
of the firearm purchased shall be the replacement value of the |
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firearm and not the firearm's fair market value. All funds |
received by the agency under this program shall be deposited |
into the Fire Prevention Fund. |
(Source: P.A. 98-725, eff. 1-1-15.)
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Section 15. The State Property Control Act is amended by |
changing Section 7 as follows:
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(30 ILCS 605/7) (from Ch. 127, par. 133b10)
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Sec. 7. Disposition of transferable property.
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(a) Except as provided in subsection (c), whenever a |
responsible officer
considers it advantageous to
the State to |
dispose of transferable property by trading it in for
credit on |
a replacement of like nature, the responsible officer shall
|
report the trade-in and replacement to the administrator on |
forms furnished
by the latter. The exchange, trade or transfer |
of "textbooks" as defined in
Section 18-17 of the School Code |
between schools or school districts pursuant
to regulations |
adopted by the State Board of Education under that Section
|
shall not constitute a disposition of transferable property |
within the
meaning of this Section, even though such exchange, |
trade or transfer
occurs within 5 years after the textbooks are |
first provided for loan
pursuant to Section 18-17 of the School |
Code.
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(b) Except as provided in subsection (c), whenever it is |
deemed
necessary to dispose of any item of
transferable |
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property, the administrator shall proceed to dispose of the
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property by sale or scrapping as the case may be, in whatever |
manner he
considers most advantageous and most profitable to |
the State.
Items of transferable property which would |
ordinarily be scrapped and
disposed of by burning or by burial |
in a landfill may be examined and a
determination made whether |
the property should be recycled. This
determination and any |
sale of recyclable property shall be in accordance
with rules |
promulgated by the Administrator.
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When the administrator determines that property is to be |
disposed of
by sale, he shall offer it first to the |
municipalities, counties, and
school districts of the State and |
to charitable, not-for-profit educational
and public health |
organizations, including but not limited to medical
|
institutions, clinics, hospitals, health centers, schools, |
colleges,
universities, child care centers, museums, nursing |
homes, programs for the
elderly, food banks, State Use |
Sheltered Workshops and
the Boy and Girl Scouts of America, for |
purchase at an appraised
value. Notice of inspection or viewing |
dates and property lists
shall be distributed in the manner |
provided in rules and regulations
promulgated by the |
Administrator for that purpose.
|
Electronic data processing equipment purchased and charged |
to
appropriations may, at the discretion of the administrator, |
be sold, pursuant
to contracts entered into by the Director of |
Central Management Services or
the heads of agencies exempt |
|
from "The Illinois Purchasing Act". However
such equipment |
shall not be sold at prices less than the purchase cost
thereof |
or depreciated value as determined by the administrator. No
|
sale of the electronic data processing equipment and lease to |
the State
by the purchaser of such equipment shall be made |
under this Act unless
the Director of Central Management |
Services finds
that such contracts are financially |
advantageous to the State.
|
Disposition of other transferable property by sale, except |
sales
directly to local governmental units, school districts, |
and not-for-profit
educational, charitable and public health |
organizations, shall be subject
to the following minimum |
conditions:
|
(1) The administrator shall cause the property to be |
advertised for
sale to the highest responsible bidder, |
stating time, place, and terms
of such sale at least 7 days |
prior to the time of sale and at least once
in a newspaper |
having a general circulation in the county where the
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property is to be sold.
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(2) If no acceptable bids are received, the |
administrator may then
sell the property in whatever manner |
he considers most advantageous and
most profitable to the |
State.
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(c) Notwithstanding any other provision of this Act, an |
agency covered
by this Act may transfer books, serial |
publications, or other library
materials that are transferable |
|
property, or that have been withdrawn from the agency's library |
collection through a regular collection evaluation process, to |
any of the following entities:
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(1) Another agency covered by this Act located in |
Illinois.
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(2) A State supported university library located in |
Illinois.
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(3) A tax-supported public library located in |
Illinois, including a library
established by
a public |
library district.
|
(4) A library system organized under the Illinois |
Library
System Act
or any library located in Illinois that |
is a member of such a system.
|
(5) A non-profit agency, located in or outside |
Illinois. |
A transfer of property under this subsection is not subject |
to the
requirements of subsection (a) or (b).
|
In addition, an agency covered by this Act may sell or |
exchange books, serial publications, and other library |
materials that have been withdrawn from its library collection |
through a regular collection evaluation process. Those items |
may be sold to the public at library book sales or to book |
dealers or may be offered through exchange to book dealers or |
other organizations. Revenues generated from the sale of |
withdrawn items shall be retained by the agency in a separate |
account to be used solely for the purchase of library |
|
materials; except that in the case of the State Library, |
revenues from the sale of withdrawn items shall be deposited |
into the State Library Fund to be used for the purposes stated |
in Section 25 of the State Library Act. |
For purposes of this subsection (c), "library materials" |
means physical
entities of any substance that serve as carriers |
of information, including,
without limitation, books, serial |
publications, periodicals, microforms,
graphics, audio or
|
video recordings, and machine readable data files.
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(d) Notwithstanding any other provision of this Act, the |
Director of State Police may dispose of a service firearm or |
police badge issued or previously issued to a retiring or |
separating State Police officer as provided in Section 17b of |
the State Police Act. The Director of Natural Resources may |
dispose of a service firearm or police badge issued previously |
to a retiring Conservation Police Officer as provided in |
Section 805-538 of the Department of Natural Resources |
(Conservation) Law of the
Civil Administrative Code of |
Illinois. The Director of the Secretary of State Department of |
Police may dispose of a service firearm or police badge issued |
or previously issued to a retiring Secretary of State Police |
officer, inspector, or investigator as provided in Section |
2-116 of the Illinois Vehicle Code. The Office of the State |
Fire Marshal may dispose of a service firearm or badge |
previously issued to a State Fire Marshal Arson Investigator |
Special Agent who is honorably retiring or separating in good |
|
standing as provided in subsection (c) of Section 1 of the |
Peace Officer Fire Investigation Act. |
(Source: P.A. 96-498, eff. 8-14-09.)
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Section 20. The Illinois Vehicle Code is amended by |
changing Section 2-116 as follows:
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(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
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Sec. 2-116. Secretary of State Department of Police.
|
(a) The Secretary of State and the officers, inspectors, |
and
investigators appointed by him shall cooperate with the |
State Police and
the sheriffs and police in enforcing the laws |
regulating the operation of
vehicles and the use of the |
highways.
|
(b) The Secretary of State may provide training and |
education for
members of his office in traffic regulation, the |
promotion of traffic
safety and the enforcement of laws vested |
in the Secretary of State for
administration and enforcement |
regulating the operation of vehicles and the
use of the |
highways.
|
(c) The Secretary of State may provide distinctive uniforms |
and badges
for officers, inspectors and investigators employed |
in the administration
of laws relating to the operation of |
vehicles and the use of the highways
and vesting the |
administration and enforcement of such laws in the
Secretary of |
State.
|
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(c-5) The Director of the Secretary of State Department of |
Police shall establish a program to allow a Secretary of State |
Police officer, inspector, or investigator who is honorably |
retiring in good standing to purchase either one or both of the |
following: (1) any Secretary of State Department of Police |
badge previously issued to that officer, inspector, or |
investigator; or (2) if the officer, inspector, or investigator |
has a currently valid Firearm Owner's Identification Card, the |
service firearm issued or previously issued to the officer, |
inspector, or investigator by the Secretary of State Department |
of Police. The cost of the firearm shall be the replacement |
value of the firearm and not the firearm's fair market value. |
(d) The Secretary of State Department of Police is |
authorized to:
|
(1) investigate the origins, activities, persons, and |
incidents of
crime and the ways and means, if any, to |
redress the victims of crimes, and
study the impact, if |
any, of legislation relative to the criminal laws of this
|
State related thereto and conduct any other investigations |
as may be provided
by law;
|
(2) employ skilled experts, technicians, |
investigators, special agents, or
otherwise specially |
qualified persons to aid in preventing or detecting crime,
|
apprehending criminals, or preparing and presenting |
evidence of violations of
the criminal laws of the State;
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(3) cooperate with the police of cities, villages, and |
|
incorporated towns,
and with the police officers of any |
county, in enforcing the laws of the State
and in making |
arrests;
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(4) provide, as may be required by law, assistance to |
local law
enforcement agencies through training, |
management, and consultant services
for local law |
enforcement agencies, pertaining to law enforcement |
activities;
|
(5) exercise the rights, powers, and duties which have |
been vested in
it by the Secretary of State Act and this |
Code; and
|
(6) enforce and administer any other laws in relation |
to law
enforcement as may be vested in the Secretary of |
State Department of Police.
|
Persons within the Secretary of State Department of Police |
who exercise
these powers are conservators of the peace and |
have all the powers possessed
by policemen in municipalities |
and sheriffs, and may exercise these powers
anywhere in the |
State in cooperation with local
law enforcement officials. |
These
persons may use false or fictitious names in the |
performance of their duties
under this Section, upon approval |
of the Director of Police-Secretary of
State, and shall not be |
subject to prosecution under the criminal laws for that
use.
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(e) The Secretary of State Department of Police may charge, |
collect, and
receive fees or moneys equivalent to the cost of |
providing its personnel,
equipment, and services to |
|
governmental agencies when explicitly requested by
a |
governmental agency and according to an intergovernmental |
agreement or
memorandums of understanding as provided by this |
Section, including but not
limited to fees or moneys equivalent |
to the cost of providing training to other
governmental |
agencies on terms and conditions that in the judgment of the
|
Director of Police-Secretary of State are in the best interest |
of the
Secretary of State. All fees received by the Secretary |
of State Police
Department under this Act shall be deposited in |
a special fund in the State
Treasury to be known as
the |
Secretary of State Police Services Fund. The money deposited in |
the
Secretary of State Police Services Fund shall be |
appropriated to the Secretary
of State Department of Police as |
provided for in subsection (g).
|
(f) The Secretary of State Department of Police may apply |
for grants or
contracts and receive, expend, allocate, or |
disburse moneys made
available by public or private entities, |
including, but not limited to,
contracts,
bequests, grants, or |
receiving equipment from corporations, foundations, or
public |
or private institutions of higher learning.
|
(g) The Secretary of State Police Services Fund is hereby |
created as a
special fund in the State Treasury. All moneys |
received under this Section by
the Secretary of
State
|
Department of Police shall be deposited into the Secretary of |
State Police
Services Fund to be appropriated to the Secretary |
of State Department of Police
for purposes as indicated by the |