Bill Text: IL HB5823 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Demilitarization of Policing in Illinois Act. Amends the Counties Code and Illinois Municipal Code. Provides that a sheriff's department or police department may not enroll in or receive any property from any program established by the United States Department of Defense under federal law. Limits home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5823 Detail]

Download: Illinois-2019-HB5823-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5823 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6041 new
65 ILCS 5/11-1-15 new
Creates the Demilitarization of Policing in Illinois Act. Amends the Counties Code and Illinois Municipal Code. Provides that a sheriff's department or police department may not enroll in or receive any property from any program established by the United States Department of Defense under federal law. Limits home rule powers. Effective immediately.
LRB101 21896 AWJ 72859 b
A BILL FOR
HB5823 LRB101 21896 AWJ 72859 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be cited as the Demilitarization of
Policing in Illinois Act.
Section 5. The Counties Code is amended by adding Section
3-6041 as follows:
(55 ILCS 5/3-6041 new)
Sec. 3-6041. Enrollment in or receipt of property from
federal excess personal property program.
(a) A sheriff's department may not enroll in or receive any
property from any program established by the United States
Department of Defense under to 10 U.S.C. 2576a.
(b) The regulation of enrollment in or receipt of property
from any program established by the United States Department of
Defense under to 10 U.S.C. 2576a are exclusive powers and
functions of the State. A home rule county may not regulate the
enrollment in or receipt of property from any program
established by the United States Department of Defense under to
10 U.S.C. 2576a. This Section is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.

HB5823 - 2 - LRB101 21896 AWJ 72859 b
Section 10. The Illinois Municipal Code is amended by
adding Section 11-1-15 as follows:
(65 ILCS 5/11-1-15 new)
Sec. 11-1-15. Enrollment in or receipt of property from
federal excess personal property program.
(a) A police department may not enroll in or receive any
property from any program established by the United States
Department of Defense under to 10 U.S.C. 2576a.
(b) The regulation of enrollment in or receipt of property
from any program established by the United States Department of
Defense under to 10 U.S.C. 2576a are exclusive powers and
functions of the State. A home rule municipality may not
regulate the enrollment in or receipt of property from any
program established by the United States Department of Defense
under to 10 U.S.C. 2576a. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
Section 99. Effective date. This Act takes effect upon
becoming law.