Public Act 100-0931
 
SB2640 EnrolledLRB100 18105 SLF 33299 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by adding Section 805-538 as follows:
 
    (20 ILCS 805/805-538 new)
    Sec. 805-538. Retiring officer; purchase of service
firearm and police badge. The Director of Natural Resources
shall establish a program to allow a Conservation Police
Officer who is honorably retiring in good standing to purchase
either one or both of the following: (1) any Department of
Natural Resources police badge previously issued to that
officer; or (2) 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 Natural
Resources. The cost of the firearm shall be the replacement
value of the firearm and not the firearm's fair market value.
 
    Section 10. The State Police Act is amended by adding
Section 17b as follows:
 
    (20 ILCS 2610/17b new)
    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.
 
    Section 13. The Peace Officer Fire Investigation Act is
amended by changing Section 1 as follows:
 
    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
    Sec. 1. Peace officer status.
    (a) Any person who is a sworn member of any organized and
paid fire department of a political subdivision of this State
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
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.
    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
arson-related crimes.
    (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
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.
    The State Fire Marshal must authorize to each employee of
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
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.
    (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
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.)
 
    Section 15. The State Property Control Act is amended by
changing Section 7 as follows:
 
    (30 ILCS 605/7)  (from Ch. 127, par. 133b10)
    Sec. 7. Disposition of transferable property.
    (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.
    (b) Except as provided in subsection (c), whenever it is
deemed necessary to dispose of any item of transferable
property, the administrator shall proceed to dispose of the
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.
    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
    property is to be sold.
        (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.
    (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:
        (1) Another agency covered by this Act located in
    Illinois.
        (2) A State supported university library located in
    Illinois.
        (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.
    (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.)
 
    Section 20. The Illinois Vehicle Code is amended by
changing Section 2-116 as follows:
 
    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
    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.
    (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;
        (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;
        (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.
    (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
grantor or contractor or, in the case of moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State
Department of Police.
(Source: P.A. 92-501, eff. 12-19-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.