Bill Text: IL HB1404 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Public Officer Prohibited Activities Act. Provides that no member of a county board, during the term of office for which he or she is elected, may be appointed to, accept, or hold any office unless he or she first resigns from the office of county board member prior to taking the oath of office to another office. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1404 Detail]

Download: Illinois-2011-HB1404-Amended.html

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Sen. James F. Clayborne, Jr.

Filed: 5/22/2012

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AMENDMENT TO HOUSE BILL 1404
AMENDMENT NO. ______. Amend House Bill 1404, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the Metro
East Police District Act.
Section 3. Definitions.
"Commission" means the Metro East Police District
Commission.
"District" means the Metro East Police District.
Section 5. Creation of district. There is created within
the County of St. Clair a special district, named the Metro
East Police District. The territory of the District shall
include the City of East Saint Louis, the Village of Washington
Park, the Village of Alorton, and the Village of Brooklyn. The

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District is created to advance the cause of public safety and
law enforcement for the residents of the District.
Section 10. Metro East Police District Commission.
(a) The governing and administrative powers of the Metro
East Police District shall be vested in a body politic and
corporate named the Metro East Police District Commission,
whose powers are the following:
(1) To apply for, accept and expend grants, loans, or
appropriations from the State of Illinois, the federal
government, any State or federal agency or
instrumentality, any unit of local government, or any other
person or entity to be used for any of the purposes of the
District. The Commission may enter into any agreement with
the State of Illinois, the federal government, any State or
federal instrumentality, any unit of local government, or
any other person or entity in relation to grants, matching
grants, loans, or appropriations. The Commission may
provide grants, loans, or appropriations for law
enforcement purposes to any unit of local government within
the District.
(2) To enter into contracts or agreements with persons
or entities for the supply of goods or services as may be
necessary for the purposes of the District.
(3) To acquire fee simple title to real property lying
within the District and personal property required for its

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purposes, by gift, purchase, contract, or otherwise for law
enforcement purposes including evidence storage, records
storage, equipment storage, detainment facilities,
training facilities, office space and other purposes of the
District. Title shall be taken in the name of the
Commission. The Commission may acquire by lease any real
property located within the District and personal property
found by the Commission to be necessary for its purposes
and to which the Commission finds that it need not acquire
fee simple title for carrying out of those purposes. The
Commission has no eminent domain powers or quick-take
powers under this provision.
(4) To establish by resolution rules and regulations
that the police departments within the District may adopt
concerning: officer ethics; the carry and use of weapons;
search and seizure procedures; procedures for arrests with
and without warrants; alternatives to arrest; the use of
officer discretion; strip searches and body cavity
searches; profiling; use of reasonable force; use of deadly
force; use of authorized less than lethal weapons;
reporting uses of force; weapons and ammunition; weapons
proficiency and training; crime analysis; purchasing and
requisitions; department property; inventory and control;
issue and reissue; recruitment; training attendance;
lesson plans; remedial training; officer training record
maintenance; department animals; response procedures;

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pursuit of motor vehicles; roadblocks and forcible stops;
missing or mentally ill persons; use of equipment; use of
vehicle lights and sirens; equipment specifications and
maintenance; vehicle safety restraints; authorized
personal equipment; protective vests and high risk
situations; mobile data access; in-car video and audio;
case file management; investigative checklists;
informants; cold cases; polygraphs; shift briefings;
interviews of witnesses and suspects; line-ups and
show-ups; confidential information; juvenile operations;
offenders, custody, and interrogation; crime prevention
and community interface; critical incident response and
planning; hostage negotiation; search and rescue; special
events; personnel, equipment, and facility inspections;
victim/witness rights, preliminary contact, and follow up;
next of kin notification; traffic stops and approaches;
speed-measuring devices; DUI procedures; traffic collision
reporting and investigation; citation inventory, control
and administration; escorts; towing procedures; detainee
searches and transportation; search and inventory of
vehicles; escape prevention procedures and detainee
restraint; sick, injured, and disabled detainees; vehicle
safety; holding facility standards; collection and
preservation of evidence including but not limited to
photos, video, fingerprints, computers, records, DNA
samples, controlled substances, weapons, and physical

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evidence; police report standards and format; submission
of evidence to laboratories; follow up of outstanding
cases; and application for charges with the State's
Attorney, United States Attorney, Attorney General, or
other prosecuting authority.
Any police department located within the Metro East
Police District that does not adopt any rule or regulation
established by resolution by the Commission shall not be
eligible to receive funds from the Metro East Police
District Fund.
The adoption of any policies or procedures pursuant to
this Section shall not be inconsistent with any rights
under current collective bargaining agreements, the
Illinois Public Labor Relations Act or other laws governing
collective bargaining.
(5) No later than one year after the effective date of
this Act, to assume for police departments within the
District the authority to make application for and accept
financial grants or contributions of services from any
public or private source for law enforcement purposes.
(6) To develop a comprehensive plan for improvement and
maintenance of law enforcement facilities within the
District.
(7) To advance police departments within the District
towards accreditation by the national Commission for the
Accreditation of Law Enforcement Agencies (CALEA) within 3

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years after creation of the District.
(b) The Commission shall consist of 14 appointed members
and 3 ex-officio members. Seven members shall be appointed by
the Governor with the advice and consent of the Senate, one of
whom shall represent an organization that represents the
largest number of police officers employed by the
municipalities described by Section 5 of this Act. Four members
shall be appointed by the Mayor of East Saint Louis, with the
advice and consent of the city council. One member each shall
be appointed by the Village Presidents of Washington Park,
Alorton, and Brooklyn, with the advice and consent of the
respective village boards. All appointed members shall hold
office for a term of 2 years ending on December 31 and until
their successors are appointed and qualified. The Mayor of East
Saint Louis, with the approval of the city council, may serve
as one of the members appointed for East Saint Louis, and the
Village Presidents of Washington Park, Alorton, and Brooklyn,
with the approval of their respective boards, may serve as the
member for their respective municipalities.
A member may be removed by his or her appointing authority
for incompetence, neglect of duty, or malfeasance in office.
The Director of the Illinois State Police, or his or her
designee, the State's Attorney of St. Clair County, or his or
her designee, and the Director of the Southern Illinois Law
Enforcement Commission, or his or her designee, shall serve as
ex-officio members. Ex-officio members may only vote on matters

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before the Commission in the event of a tie vote.
(c) Any vacancy in the appointed membership of the
Commission occurring by reason of the death, resignation,
disqualification, removal, or inability or refusal to act of
any of the members of the Commission shall be filled by the
authority that had appointed the particular member, and for the
unexpired term of office of that particular member.
(d) The Commission shall hold regular meetings annually for
the election of a chair, vice-chair, secretary, and treasurer,
for the adoption of a budget, and monthly for other business as
may be necessary. The Commission shall establish the duties and
responsibilities of its officers by rule. The chair, or any 9
members of the Commission, may call special meetings of the
Commission. Each member shall take an oath of office for the
faithful performance of his or her duties. The Commission may
not transact business at a meeting of the Commission unless
there is present at the meeting a quorum consisting of at least
9 members. Meetings may be held by telephone conference or
other communications equipment by means of which all persons
participating in the meeting can communicate with each other
consistent with the Open Meetings Act.
(e) The Commission shall submit to the General Assembly, no
later than March 1 of each odd-numbered year, a detailed report
covering its operations for the 2 preceding calendar years and
a statement of its program for the next 2 years, as provided by
Section 3.1 of the General Assembly Organization Act.

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(f) The Auditor General shall conduct audits of the
Commission in the same manner as the Auditor General conducts
audits of State agencies under the Illinois State Auditing Act.
(g) The Commission is a public body for purposes of the
Open Meetings Act and the Freedom of Information Act.
(h) 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.
Section 15. Disposition of money; income fund. There is
created in the custody of the Illinois Finance Authority the
Metro East Police District Fund. All moneys received by the
Commission shall be deposited in the Fund. The Commission is
authorized to use all money received for all purposes and
powers set forth in this Act, provided that the Commission and
the Illinois Finance Authority enter into an intergovernmental
agreement to use the moneys deposited into the Fund solely for
the purposes set forth in this Act. The Auditor General shall,
at least biennially, audit or cause to be audited all records
and accounts of the Commission pertaining to the operation of
the District.
Section 20. Repealer. This Act is repealed on December 31,
2019.

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Section 50. The Illinois Finance Authority Act is amended
by adding Section 825-115 as follows:
(20 ILCS 3501/825-115 new)
Sec. 825-115. Metro East Police District Fund. The
Authority and the Metro East Police District Commission may
jointly administer the Metro East Police District Fund. All
moneys received by the Commission shall be deposited in the
Fund. Upon request of the Commission, the Authority shall
provide to the Commission moneys deposited in the Fund,
provided that the Commission and the Authority enter into an
intergovernmental agreement to use the moneys deposited into
the Fund solely for the purposes set forth in the Metro East
Police District Act. This Section is repealed on December 31,
2019.
Section 55. The Illinois State Auditing Act is amended by
adding Section 3-1.5 as follows:
(30 ILCS 5/3-1.5 new)
Sec. 3-1.5. Metro East Police District. The Auditor General
shall conduct audits as provided in Sections 10 and 15 of the
Metro East Police District Act. This Section is repealed on
December 31, 2019.
Section 60. The Counties Code is amended by adding Section

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5-1101.5 as follows:
(55 ILCS 5/5-1101.5 new)
Sec. 5-1101.5. Metro East Police District. In addition to
any fine imposed under Section 5-9-1 of the Unified Code of
Corrections, St. Clair County may adopt a mandatory fine of
$100 to be paid by the defendant on a judgment of guilty or a
grant of supervision for a felony or a violation of Section
11-501 of the Illinois Vehicle Code, when the offense was
committed within the corporate limits of a municipality that is
located within the Metro East Police District. The clerk of the
circuit court shall collect the fines as provided in this
subsection and must remit the fines to the Metro East Police
District Fund created under Section 15 of the Metro East Police
District Act. This Section is repealed on December 31, 2019.
Section 99. Effective date. This Act takes effect January
1, 2013.".