101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5823
 
Introduced 11/10/2020, by Rep. Carol Ammons
 
SYNOPSIS AS INTRODUCED:
 

 
55 ILCS 5/3-6041 new
65 ILCS 5/11-1-15 new

     Creates the Demilitarization of Policing in Illinois Act. Amends the Counties Code and Illinois Municipal Code. Provides that a sheriff's department or police department may not enroll in  or receive any property from any  program  established  by  the  United  States  Department  of  Defense  under federal law. Limits home rule powers. Effective immediately.
  


LRB101 21896 AWJ 72859 b

 
 
A BILL FOR
 

  
HB5823LRB101 21896 AWJ 72859 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. This Act may be cited as the Demilitarization of 
5Policing in Illinois Act.
 
6    Section 5. The Counties Code is amended  by adding Section 
73-6041 as follows:
 
8    (55 ILCS 5/3-6041  new)
9    Sec. 3-6041. Enrollment in or receipt of property from 
10federal excess personal property program.
11    (a)      A sheriff's department may not enroll in  or receive any 
12property from any  program  established  by  the  United  States  
13Department  of  Defense  under to  10  U.S.C.  2576a.
14    (b) The regulation of enrollment in or receipt of property 
15from any program established by the United States Department of 
16Defense under to 10  U.S.C. 2576a are exclusive powers and 
17functions of the State. A home rule county may not regulate the 
18enrollment in or receipt of property from any program 
19established by the United States Department of Defense under to 
2010  U.S.C. 2576a. This Section is a denial and limitation of 
21home rule powers and functions under subsection (h) of Section 
226 of Article VII of the Illinois Constitution.
 
 
 
HB5823- 2 -LRB101 21896 AWJ 72859 b

1    Section 10. The Illinois Municipal Code is amended  by 
2adding Section 11-1-15 as follows:
 
3    (65 ILCS 5/11-1-15  new)
4    Sec. 11-1-15. Enrollment in or receipt of property from 
5federal excess personal property program.
6    (a) A police department may not enroll in  or receive any 
7property from any  program  established  by  the  United  States  
8Department  of  Defense  under  to  10  U.S.C.  2576a.
9    (b) The regulation of enrollment in or receipt of property 
10from any program established by the United States Department of 
11Defense under to 10  U.S.C. 2576a are exclusive powers and 
12functions of the State. A home rule municipality may not 
13regulate the enrollment in or receipt of property from any 
14program established by the United States Department of Defense 
15under to 10  U.S.C. 2576a. This Section is a denial and 
16limitation of home rule powers and functions under subsection 
17(h) of Section 6 of Article VII of the Illinois Constitution.
 
 
18    Section 99. Effective date. This Act takes effect upon 
19becoming law.