SB2640 EnrolledLRB100 18105 SLF 33299 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by adding Section 805-538 as follows:
 
7    (20 ILCS 805/805-538 new)
8    Sec. 805-538. Retiring officer; purchase of service
9firearm and police badge. The Director of Natural Resources
10shall establish a program to allow a Conservation Police
11Officer who is honorably retiring in good standing to purchase
12either one or both of the following: (1) any Department of
13Natural Resources police badge previously issued to that
14officer; or (2) if the officer has a currently valid Firearm
15Owner's Identification Card, the service firearm issued or
16previously issued to the officer by the Department of Natural
17Resources. The cost of the firearm shall be the replacement
18value of the firearm and not the firearm's fair market value.
 
19    Section 10. The State Police Act is amended by adding
20Section 17b as follows:
 
21    (20 ILCS 2610/17b new)

 

 

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1    Sec. 17b. Retiring officer; purchase of service firearm and
2police badge. The Director of State Police shall establish a
3policy to allow a State Police officer who is honorably
4retiring or separating in good standing to purchase either one
5or both of the following: (i) any State Police badge previously
6issued to that officer; or (ii) if the officer has a currently
7valid Firearm Owner's Identification Card, the service firearm
8issued or previously issued to the officer by the Department of
9State Police. The cost of the firearm purchased shall be the
10replacement value of the firearm and not the firearm's fair
11market value.
 
12    Section 13. The Peace Officer Fire Investigation Act is
13amended by changing Section 1 as follows:
 
14    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
15    Sec. 1. Peace officer status.
16    (a) Any person who is a sworn member of any organized and
17paid fire department of a political subdivision of this State
18and is authorized to investigate fires or explosions for such
19political subdivision and to determine the cause, origin and
20circumstances of fires or explosions that are suspected to be
21arson or arson-related crimes, may be classified as a peace
22officer by the political subdivision or agency employing such
23person. A person so classified shall possess the same powers of
24arrest, search and seizure and the securing and service of

 

 

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1warrants as sheriffs of counties, and police officers within
2the jurisdiction of their political subdivision. While in the
3actual investigation and matters incident thereto, such person
4may carry weapons as may be necessary, but only if that person
5has satisfactorily completed (1) a training program offered or
6approved by the Illinois Law Enforcement Training Standards
7Board which substantially conforms to standards promulgated
8pursuant to the Illinois Police Training Act and the Peace
9Officer and Probation Officer Firearm Training Act; and (2) a
10course in fire and arson investigation approved by the Office
11of the State Fire Marshal pursuant to the Illinois Fire
12Protection Training Act. Such training need not include
13exposure to vehicle and traffic law, traffic control and
14accident investigation, or first aid, but shall include
15training in the law relating to the rights of persons suspected
16of involvement in criminal activities.
17    Any person granted the powers enumerated in this subsection
18(a) may exercise such powers only during the actual
19investigation of the cause, origin and circumstances of such
20fires or explosions that are suspected to be arson or
21arson-related crimes.
22    (b) Persons employed by the Office of the State Fire
23Marshal to conduct arson investigations shall be designated
24State Fire Marshal Arson Investigator Special Agents and shall
25be peace officers with all of the powers of peace officers in
26cities and sheriffs in counties, except that they may exercise

 

 

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1those powers throughout the State. These Special Agents may
2exercise these powers only when engaging in official duties
3during the actual investigation of the cause, origin, and
4circumstances of such fires or explosions that are suspected to
5be arson or arson-related crimes and may carry weapons at all
6times, but only if they have satisfactorily completed (1) a
7training course approved by the Illinois Law Enforcement
8Training Standards Board that substantially conforms to the
9standards promulgated pursuant to the Peace Officer and
10Probation Officer Firearm Training Act and (2) a course in fire
11and arson investigation approved by the Office of the State
12Fire Marshal pursuant to the Illinois Fire Protection Training
13Act. Such training need not include exposure to vehicle and
14traffic law, traffic control and accident investigation, or
15first aid, but shall include training in the law relating to
16the rights of persons suspected of involvement in criminal
17activities.
18    For purposes of this subsection (b), a "State Fire Marshal
19Arson Investigator Special Agent" does not include any fire
20investigator, fireman, police officer, or other employee of the
21federal government; any fire investigator, fireman, police
22officer, or other employee of any unit of local government; or
23any fire investigator, fireman, police officer, or other
24employee of the State of Illinois other than an employee of the
25Office of the State Fire Marshal assigned to investigate arson.
26    The State Fire Marshal must authorize to each employee of

 

 

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1the Office of the State Fire Marshal who is exercising the
2powers of a peace officer a distinct badge that, on its face,
3(i) clearly states that the badge is authorized by the Office
4of the State Fire Marshal and (ii) contains a unique
5identifying number. No other badge shall be authorized by the
6Office of the State Fire Marshal, except that a badge,
7different from the badge issued to peace officers, may be
8authorized by the Office of the State Fire Marshal for the use
9of fire prevention inspectors employed by that Office. Nothing
10in this subsection prohibits the State Fire Marshal from
11issuing shields or other distinctive identification to
12employees not exercising the powers of a peace officer if the
13State Fire Marshal determines that a shield or distinctive
14identification is needed by the employee to carry out his or
15her responsibilities.
16    (c) The Office of the State Fire Marshal shall establish a
17policy to allow a State Fire Marshal Arson Investigator Special
18Agent who is honorably retiring or separating in good standing
19to purchase either one or both of the following: (i) any badge
20previously issued to that State Fire Marshal Arson Investigator
21Special Agent; or (ii) if the State Fire Marshal Arson
22Investigator Special Agent has a currently valid Firearm
23Owner's Identification Card, the service firearm issued or
24previously issued to the State Fire Marshal Arson Investigator
25Special Agent by the Office of the State Fire Marshal. The cost
26of the firearm purchased shall be the replacement value of the

 

 

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1firearm and not the firearm's fair market value. All funds
2received by the agency under this program shall be deposited
3into the Fire Prevention Fund.
4(Source: P.A. 98-725, eff. 1-1-15.)
 
5    Section 15. The State Property Control Act is amended by
6changing Section 7 as follows:
 
7    (30 ILCS 605/7)  (from Ch. 127, par. 133b10)
8    Sec. 7. Disposition of transferable property.
9    (a) Except as provided in subsection (c), whenever a
10responsible officer considers it advantageous to the State to
11dispose of transferable property by trading it in for credit on
12a replacement of like nature, the responsible officer shall
13report the trade-in and replacement to the administrator on
14forms furnished by the latter. The exchange, trade or transfer
15of "textbooks" as defined in Section 18-17 of the School Code
16between schools or school districts pursuant to regulations
17adopted by the State Board of Education under that Section
18shall not constitute a disposition of transferable property
19within the meaning of this Section, even though such exchange,
20trade or transfer occurs within 5 years after the textbooks are
21first provided for loan pursuant to Section 18-17 of the School
22Code.
23    (b) Except as provided in subsection (c), whenever it is
24deemed necessary to dispose of any item of transferable

 

 

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1property, the administrator shall proceed to dispose of the
2property by sale or scrapping as the case may be, in whatever
3manner he considers most advantageous and most profitable to
4the State. Items of transferable property which would
5ordinarily be scrapped and disposed of by burning or by burial
6in a landfill may be examined and a determination made whether
7the property should be recycled. This determination and any
8sale of recyclable property shall be in accordance with rules
9promulgated by the Administrator.
10    When the administrator determines that property is to be
11disposed of by sale, he shall offer it first to the
12municipalities, counties, and school districts of the State and
13to charitable, not-for-profit educational and public health
14organizations, including but not limited to medical
15institutions, clinics, hospitals, health centers, schools,
16colleges, universities, child care centers, museums, nursing
17homes, programs for the elderly, food banks, State Use
18Sheltered Workshops and the Boy and Girl Scouts of America, for
19purchase at an appraised value. Notice of inspection or viewing
20dates and property lists shall be distributed in the manner
21provided in rules and regulations promulgated by the
22Administrator for that purpose.
23    Electronic data processing equipment purchased and charged
24to appropriations may, at the discretion of the administrator,
25be sold, pursuant to contracts entered into by the Director of
26Central Management Services or the heads of agencies exempt

 

 

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1from "The Illinois Purchasing Act". However such equipment
2shall not be sold at prices less than the purchase cost thereof
3or depreciated value as determined by the administrator. No
4sale of the electronic data processing equipment and lease to
5the State by the purchaser of such equipment shall be made
6under this Act unless the Director of Central Management
7Services finds that such contracts are financially
8advantageous to the State.
9    Disposition of other transferable property by sale, except
10sales directly to local governmental units, school districts,
11and not-for-profit educational, charitable and public health
12organizations, shall be subject to the following minimum
13conditions:
14        (1) The administrator shall cause the property to be
15    advertised for sale to the highest responsible bidder,
16    stating time, place, and terms of such sale at least 7 days
17    prior to the time of sale and at least once in a newspaper
18    having a general circulation in the county where the
19    property is to be sold.
20        (2) If no acceptable bids are received, the
21    administrator may then sell the property in whatever manner
22    he considers most advantageous and most profitable to the
23    State.
24    (c) Notwithstanding any other provision of this Act, an
25agency covered by this Act may transfer books, serial
26publications, or other library materials that are transferable

 

 

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1property, or that have been withdrawn from the agency's library
2collection through a regular collection evaluation process, to
3any of the following entities:
4        (1) Another agency covered by this Act located in
5    Illinois.
6        (2) A State supported university library located in
7    Illinois.
8        (3) A tax-supported public library located in
9    Illinois, including a library established by a public
10    library district.
11        (4) A library system organized under the Illinois
12    Library System Act or any library located in Illinois that
13    is a member of such a system.
14        (5) A non-profit agency, located in or outside
15    Illinois.
16    A transfer of property under this subsection is not subject
17to the requirements of subsection (a) or (b).
18    In addition, an agency covered by this Act may sell or
19exchange books, serial publications, and other library
20materials that have been withdrawn from its library collection
21through a regular collection evaluation process. Those items
22may be sold to the public at library book sales or to book
23dealers or may be offered through exchange to book dealers or
24other organizations. Revenues generated from the sale of
25withdrawn items shall be retained by the agency in a separate
26account to be used solely for the purchase of library

 

 

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1materials; except that in the case of the State Library,
2revenues from the sale of withdrawn items shall be deposited
3into the State Library Fund to be used for the purposes stated
4in Section 25 of the State Library Act.
5    For purposes of this subsection (c), "library materials"
6means physical entities of any substance that serve as carriers
7of information, including, without limitation, books, serial
8publications, periodicals, microforms, graphics, audio or
9video recordings, and machine readable data files.
10    (d) Notwithstanding any other provision of this Act, the
11Director of State Police may dispose of a service firearm or
12police badge issued or previously issued to a retiring or
13separating State Police officer as provided in Section 17b of
14the State Police Act. The Director of Natural Resources may
15dispose of a service firearm or police badge issued previously
16to a retiring Conservation Police Officer as provided in
17Section 805-538 of the Department of Natural Resources
18(Conservation) Law of the Civil Administrative Code of
19Illinois. The Director of the Secretary of State Department of
20Police may dispose of a service firearm or police badge issued
21or previously issued to a retiring Secretary of State Police
22officer, inspector, or investigator as provided in Section
232-116 of the Illinois Vehicle Code. The Office of the State
24Fire Marshal may dispose of a service firearm or badge
25previously issued to a State Fire Marshal Arson Investigator
26Special Agent who is honorably retiring or separating in good

 

 

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1standing as provided in subsection (c) of Section 1 of the
2Peace Officer Fire Investigation Act.
3(Source: P.A. 96-498, eff. 8-14-09.)
 
4    Section 20. The Illinois Vehicle Code is amended by
5changing Section 2-116 as follows:
 
6    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
7    Sec. 2-116. Secretary of State Department of Police.
8    (a) The Secretary of State and the officers, inspectors,
9and investigators appointed by him shall cooperate with the
10State Police and the sheriffs and police in enforcing the laws
11regulating the operation of vehicles and the use of the
12highways.
13    (b) The Secretary of State may provide training and
14education for members of his office in traffic regulation, the
15promotion of traffic safety and the enforcement of laws vested
16in the Secretary of State for administration and enforcement
17regulating the operation of vehicles and the use of the
18highways.
19    (c) The Secretary of State may provide distinctive uniforms
20and badges for officers, inspectors and investigators employed
21in the administration of laws relating to the operation of
22vehicles and the use of the highways and vesting the
23administration and enforcement of such laws in the Secretary of
24State.

 

 

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1    (c-5) The Director of the Secretary of State Department of
2Police shall establish a program to allow a Secretary of State
3Police officer, inspector, or investigator who is honorably
4retiring in good standing to purchase either one or both of the
5following: (1) any Secretary of State Department of Police
6badge previously issued to that officer, inspector, or
7investigator; or (2) if the officer, inspector, or investigator
8has a currently valid Firearm Owner's Identification Card, the
9service firearm issued or previously issued to the officer,
10inspector, or investigator by the Secretary of State Department
11of Police. The cost of the firearm shall be the replacement
12value of the firearm and not the firearm's fair market value.
13    (d) The Secretary of State Department of Police is
14authorized to:
15        (1) investigate the origins, activities, persons, and
16    incidents of crime and the ways and means, if any, to
17    redress the victims of crimes, and study the impact, if
18    any, of legislation relative to the criminal laws of this
19    State related thereto and conduct any other investigations
20    as may be provided by law;
21        (2) employ skilled experts, technicians,
22    investigators, special agents, or otherwise specially
23    qualified persons to aid in preventing or detecting crime,
24    apprehending criminals, or preparing and presenting
25    evidence of violations of the criminal laws of the State;
26        (3) cooperate with the police of cities, villages, and

 

 

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1    incorporated towns, and with the police officers of any
2    county, in enforcing the laws of the State and in making
3    arrests;
4        (4) provide, as may be required by law, assistance to
5    local law enforcement agencies through training,
6    management, and consultant services for local law
7    enforcement agencies, pertaining to law enforcement
8    activities;
9        (5) exercise the rights, powers, and duties which have
10    been vested in it by the Secretary of State Act and this
11    Code; and
12        (6) enforce and administer any other laws in relation
13    to law enforcement as may be vested in the Secretary of
14    State Department of Police.
15    Persons within the Secretary of State Department of Police
16who exercise these powers are conservators of the peace and
17have all the powers possessed by policemen in municipalities
18and sheriffs, and may exercise these powers anywhere in the
19State in cooperation with local law enforcement officials.
20These persons may use false or fictitious names in the
21performance of their duties under this Section, upon approval
22of the Director of Police-Secretary of State, and shall not be
23subject to prosecution under the criminal laws for that use.
24    (e) The Secretary of State Department of Police may charge,
25collect, and receive fees or moneys equivalent to the cost of
26providing its personnel, equipment, and services to

 

 

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1governmental agencies when explicitly requested by a
2governmental agency and according to an intergovernmental
3agreement or memorandums of understanding as provided by this
4Section, including but not limited to fees or moneys equivalent
5to the cost of providing training to other governmental
6agencies on terms and conditions that in the judgment of the
7Director of Police-Secretary of State are in the best interest
8of the Secretary of State. All fees received by the Secretary
9of State Police Department under this Act shall be deposited in
10a special fund in the State Treasury to be known as the
11Secretary of State Police Services Fund. The money deposited in
12the Secretary of State Police Services Fund shall be
13appropriated to the Secretary of State Department of Police as
14provided for in subsection (g).
15    (f) The Secretary of State Department of Police may apply
16for grants or contracts and receive, expend, allocate, or
17disburse moneys made available by public or private entities,
18including, but not limited to, contracts, bequests, grants, or
19receiving equipment from corporations, foundations, or public
20or private institutions of higher learning.
21    (g) The Secretary of State Police Services Fund is hereby
22created as a special fund in the State Treasury. All moneys
23received under this Section by the Secretary of State
24Department of Police shall be deposited into the Secretary of
25State Police Services Fund to be appropriated to the Secretary
26of State Department of Police for purposes as indicated by the

 

 

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1grantor or contractor or, in the case of moneys bequeathed or
2granted for no specific purpose, for any purpose as deemed
3appropriate by the Director of Police-Secretary of State in
4administering the responsibilities of the Secretary of State
5Department of Police.
6(Source: P.A. 92-501, eff. 12-19-01.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.