Bill Text: IL HB4286 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Law Enforcement Agency Military Equipment Purchase Act. Provides that a law enforcement agency may not receive the following property from a military equipment surplus program operated by the federal government: (1) drones that are armored, weaponized, or both; (2) aircraft that are combat configured or combat coded; (3) grenades or similar explosives and grenade launchers; (4) silencers; or (5) militarized armored vehicles. Provides that if a law enforcement agency purchases property from a military equipment surplus program operated by the federal government, the law enforcement agency may only use State or unit of local government funds for the purchase. Provides that funds obtained from the federal government may not be used to purchase property from a military equipment surplus program. Provides that if a law enforcement agency requests property from a military equipment surplus program, the law enforcement agency shall publish a notice of the request on a publicly accessible website within 14 days after the request. Defines terms. Preempts home rule.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4286 Detail]

Download: Illinois-2017-HB4286-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4286 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
New Act
Creates the Law Enforcement Agency Military Equipment Purchase Act. Provides that a law enforcement agency may not receive the following property from a military equipment surplus program operated by the federal government: (1) drones that are armored, weaponized, or both; (2) aircraft that are combat configured or combat coded; (3) grenades or similar explosives and grenade launchers; (4) silencers; or (5) militarized armored vehicles. Provides that if a law enforcement agency purchases property from a military equipment surplus program operated by the federal government, the law enforcement agency may only use State or unit of local government funds for the purchase. Provides that funds obtained from the federal government may not be used to purchase property from a military equipment surplus program. Provides that if a law enforcement agency requests property from a military equipment surplus program, the law enforcement agency shall publish a notice of the request on a publicly accessible website within 14 days after the request. Defines terms. Preempts home rule.
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HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Law
Enforcement Agency Military Equipment Purchase Act.
Section 5. Definitions. In this Act:
"Aircraft" means any contrivance now known or hereafter
invented, used, or designed for navigation of, or flight in,
the air.
"Drone" means any aerial vehicle that does not carry a
human operator.
"Law enforcement agency" means any agency of this State or
a political subdivision of this State that is vested by law
with the duty to maintain public order and to enforce criminal
laws.
"Silencer" means any device or attachment of any kind
designed, used, or intended for use in silencing the report of
any firearm or any device attached to or part of the muzzle of
a firearm that reduces the muzzle report and visible flash
generated by the firearm's firing.
Section 10. Limitations on excess property provided to
local law enforcement.

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(a) A law enforcement agency may not receive the following
property from a military equipment surplus program operated by
the federal government:
(1) drones that are armored, weaponized, or both;
(2) aircraft that are combat configured or combat
coded;
(3) grenades or similar explosives and grenade
launchers;
(4) silencers; or
(5) militarized armored vehicles.
(b) If a law enforcement agency purchases property from a
military equipment surplus program operated by the federal
government, the law enforcement agency may only use State or
unit of local government funds for the purchase. Funds obtained
from the federal government may not be used to purchase
property from a military equipment surplus program.
(c) If a law enforcement agency requests property from a
military equipment surplus program, the law enforcement agency
shall publish a notice of the request on a publicly accessible
website within 14 days after the request.
Section 15. Home rule preemption.
(a) The regulation of the purchase by a law enforcement
agency or by a unit of government for the law enforcement
agency of property from a military equipment surplus program
operated by the federal government is an exclusive State power

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and function. A home rule unit may not regulate the purchase by
a law enforcement agency or by a unit of government for the law
enforcement agency of property from a military equipment
surplus program operated by the federal government in a manner
inconsistent with this Act.
(b) This Act is a denial and limitation of home rule powers
and functions under subsection (g) of Section 6 of Article VII
of the Illinois Constitution.