SB2256 99TH GENERAL ASSEMBLY

LRB099 16076 AWJ 40399 b

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

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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 3-6041 as follows:

(55 ILCS 5/3-6041 new)

Sec. 3-6041. Military equipment surplus program.

(a) For purposes of this Section:

"Bayonet" means large knives designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purposes of hand-to-hand combat.

"Camouflage uniform" does not include woodland or desert patterns or solid color uniforms.

"Grenade launcher" means a firearm or firearm accessory designed to launch small explosive projectiles.

"Military equipment surplus program" means any federal or state program allowing a law enforcement agency to obtain surplus military equipment including, but not limit to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201).

"Tracked armored vehicle" means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system installed of wheels for forward motion.

"Weaponized aircraft, vessels, or vehicles" means any aircraft, vessel, or vehicle with weapons installed.

(b) A sheriff's office shall not request or receive from any military equipment surplus program the following equipment:

(1) tracked armored vehicles;

(2) weaponized aircraft, vessels, or vehicles;

(3) firearms of .50-caliber or higher;

(4) ammunition of .50-caliber or higher;

(5) grenade launchers;

(6) bayonets; or

(7) camouflage uniforms.

(c) A home rule unit may not regulate the acquisition of equipment in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(d) If a sheriff's office requests property from a military equipment surplus program, the sheriff's office shall publish notice of the request on a publicly accessible website maintained by the sheriff's office or the county within 14 days after the request.

Section 10. The Illinois Municipal Code is amended by adding Section 11-5.1-2 as follows:

(65 ILCS 5/11-5.1-2 new)

Sec. 11-5.1-2. Military equipment surplus program.

(a) For purposes of this Section:

"Bayonet" means large knives designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purposes of hand-to-hand combat.

"Camouflage uniform" does not include woodland or desert patterns or solid color uniforms.

"Grenade launcher" means a firearm or firearm accessory designed to launch small explosive projectiles.

"Military equipment surplus program" means any federal or state program allowing a law enforcement agency to obtain surplus military equipment including, but not limit to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201).

"Tracked armored vehicle" means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system installed of wheels for forward motion.

"Weaponized aircraft, vessels, or vehicles" means any aircraft, vessel, or vehicle with weapons installed.

(b) A sheriff's office shall not request or receive from any military equipment surplus program the following equipment:

(1) tracked armored vehicles;

(2) weaponized aircraft, vessels, or vehicles;

(3) firearms of .50-caliber or higher;

(4) ammunition of .50-caliber or higher;

(5) grenade launchers;

(6) bayonets; or

(7) camouflage uniforms.

(c) A home rule unit may not regulate the acquisition of equipment in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(d) If a police department requests property from a military equipment surplus program, the police department shall publish notice of the request on a publicly accessible website maintained by the police department or the municipality within 14 days after the request.

Section 99. Effective date. This Act takes effect upon becoming law.