Full Text of SB2256 99th General Assembly
SB2256sam001 99TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 3/29/2016
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| 1 | | AMENDMENT TO SENATE BILL 2256
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2256 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by adding | 5 | | Section 17b as follows: | 6 | | (20 ILCS 2610/17b new) | 7 | | Sec. 17b. Military equipment surplus program. | 8 | | (a) For purposes of this Section: | 9 | | "Bayonet" means large knives designed to be attached to the | 10 | | muzzle of a rifle, shotgun, or long gun for the purposes of | 11 | | hand-to-hand combat. | 12 | | "Camouflage uniform" does not include woodland or desert | 13 | | patterns or solid color uniforms. | 14 | | "Grenade launcher" means a firearm or firearm accessory | 15 | | designed to launch small explosive projectiles. | 16 | | "Military equipment surplus program" means any federal or |
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| 1 | | state program allowing a law enforcement agency to obtain | 2 | | surplus military equipment including, but not limit to, any | 3 | | program organized under Section 1122 of the National Defense | 4 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | 5 | | Section 1033 of the National Defense Authorization Act for | 6 | | Fiscal Year 1997 (Pub. L. 104-201). | 7 | | "Tracked armored vehicle" means a vehicle that provides | 8 | | ballistic protection to its occupants and utilizes a tracked | 9 | | system installed of wheels for forward motion. | 10 | | "Weaponized aircraft, vessels, or vehicles" means any | 11 | | aircraft, vessel, or vehicle with weapons installed. | 12 | | (b) The Department shall not request or receive from any | 13 | | military equipment surplus program the following equipment: | 14 | | (1) tracked armored vehicles; | 15 | | (2) weaponized aircraft, vessels, or vehicles; | 16 | | (3) firearms of .50-caliber or higher; | 17 | | (4) ammunition of .50-caliber or higher; | 18 | | (5) grenade launchers; | 19 | | (6) bayonets; or | 20 | | (7) camouflage uniforms. | 21 | | (c) If the Department requests property from a military | 22 | | equipment surplus program, the Department shall publish notice | 23 | | of the request on a publicly accessible website maintained by | 24 | | the Department within 14 days after the request. | 25 | | Section 10. The Counties Code is amended by adding Section |
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| 1 | | 3-6041 as follows: | 2 | | (55 ILCS 5/3-6041 new) | 3 | | Sec. 3-6041. Military equipment surplus program. | 4 | | (a) For purposes of this Section: | 5 | | "Bayonet" means large knives designed to be attached to the | 6 | | muzzle of a rifle, shotgun, or long gun for the purposes of | 7 | | hand-to-hand combat. | 8 | | "Camouflage uniform" does not include woodland or desert | 9 | | patterns or solid color uniforms. | 10 | | "Grenade launcher" means a firearm or firearm accessory | 11 | | designed to launch small explosive projectiles. | 12 | | "Military equipment surplus program" means any federal or | 13 | | state program allowing a law enforcement agency to obtain | 14 | | surplus military equipment including, but not limit to, any | 15 | | program organized under Section 1122 of the National Defense | 16 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | 17 | | Section 1033 of the National Defense Authorization Act for | 18 | | Fiscal Year 1997 (Pub. L. 104-201). | 19 | | "Tracked armored vehicle" means a vehicle that provides | 20 | | ballistic protection to its occupants and utilizes a tracked | 21 | | system installed of wheels for forward motion. | 22 | | "Weaponized aircraft, vessels, or vehicles" means any | 23 | | aircraft, vessel, or vehicle with weapons installed. | 24 | | (b) The sheriff shall not request or receive from any | 25 | | military equipment surplus program the following equipment: |
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| 1 | | (1) tracked armored vehicles; | 2 | | (2) weaponized aircraft, vessels, or vehicles; | 3 | | (3) firearms of .50-caliber or higher; | 4 | | (4) ammunition of .50-caliber or higher; | 5 | | (5) grenade launchers; | 6 | | (6) bayonets; or | 7 | | (7) camouflage uniforms. | 8 | | (c) A home rule county may not regulate the acquisition of | 9 | | equipment in a manner inconsistent with this Section. This | 10 | | Section is a limitation under subsection (i) of Section 6 of | 11 | | Article VII of the Illinois Constitution on the concurrent | 12 | | exercise by home rule counties of powers and functions | 13 | | exercised by the State. | 14 | | (d) If the sheriff requests property from a military | 15 | | equipment surplus program, the sheriff shall publish notice of | 16 | | the request on a publicly accessible website maintained by the | 17 | | sheriff or the county within 14 days after the request. | 18 | | Section 15. The Illinois Municipal Code is amended by | 19 | | adding Section 11-5.1-2 as follows: | 20 | | (65 ILCS 5/11-5.1-2 new) | 21 | | Sec. 11-5.1-2. Military equipment surplus program. | 22 | | (a) For purposes of this Section: | 23 | | "Bayonet" means large knives designed to be attached to the | 24 | | muzzle of a rifle, shotgun, or long gun for the purposes of |
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| 1 | | hand-to-hand combat. | 2 | | "Camouflage uniform" does not include woodland or desert | 3 | | patterns or solid color uniforms. | 4 | | "Grenade launcher" means a firearm or firearm accessory | 5 | | designed to launch small explosive projectiles. | 6 | | "Military equipment surplus program" means any federal or | 7 | | state program allowing a law enforcement agency to obtain | 8 | | surplus military equipment including, but not limit to, any | 9 | | program organized under Section 1122 of the National Defense | 10 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | 11 | | Section 1033 of the National Defense Authorization Act for | 12 | | Fiscal Year 1997 (Pub. L. 104-201). | 13 | | "Tracked armored vehicle" means a vehicle that provides | 14 | | ballistic protection to its occupants and utilizes a tracked | 15 | | system installed of wheels for forward motion. | 16 | | "Weaponized aircraft, vessels, or vehicles" means any | 17 | | aircraft, vessel, or vehicle with weapons installed. | 18 | | (b) A police department shall not request or receive from | 19 | | any military equipment surplus program the following | 20 | | equipment: | 21 | | (1) tracked armored vehicles; | 22 | | (2) weaponized aircraft, vessels, or vehicles; | 23 | | (3) firearms of .50-caliber or higher; | 24 | | (4) ammunition of .50-caliber or higher; | 25 | | (5) grenade launchers; | 26 | | (6) bayonets; or |
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| 1 | | (7) camouflage uniforms. | 2 | | (c) A home rule municipality may not regulate the | 3 | | acquisition of equipment in a manner inconsistent with this | 4 | | Section. This Section is a limitation under subsection (i) of | 5 | | Section 6 of Article VII of the Illinois Constitution on the | 6 | | concurrent exercise by home rule municipalities of powers and | 7 | | functions exercised by the State. | 8 | | (d) If a police department requests property from a | 9 | | military equipment surplus program, the police department | 10 | | shall publish notice of the request on a publicly accessible | 11 | | website maintained by the police department or the municipality | 12 | | within 14 days after the request.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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