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

HB5823LRB101 21896 AWJ 72859 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be cited as the Demilitarization of
5Policing in Illinois Act.
6 Section 5. The Counties Code is amended by adding Section
73-6041 as follows:
8 (55 ILCS 5/3-6041 new)
9 Sec. 3-6041. Enrollment in or receipt of property from
10federal excess personal property program.
11 (a) A sheriff's department may not enroll in or receive any
12property from any program established by the United States
13Department of Defense under to 10 U.S.C. 2576a.
14 (b) The regulation of enrollment in or receipt of property
15from any program established by the United States Department of
16Defense under to 10 U.S.C. 2576a are exclusive powers and
17functions of the State. A home rule county may not regulate the
18enrollment in or receipt of property from any program
19established by the United States Department of Defense under to
2010 U.S.C. 2576a. This Section is a denial and limitation of
21home rule powers and functions under subsection (h) of Section
226 of Article VII of the Illinois Constitution.

HB5823- 2 -LRB101 21896 AWJ 72859 b
1 Section 10. The Illinois Municipal Code is amended by
2adding Section 11-1-15 as follows:
3 (65 ILCS 5/11-1-15 new)
4 Sec. 11-1-15. Enrollment in or receipt of property from
5federal excess personal property program.
6 (a) A police department may not enroll in or receive any
7property from any program established by the United States
8Department of Defense under to 10 U.S.C. 2576a.
9 (b) The regulation of enrollment in or receipt of property
10from any program established by the United States Department of
11Defense under to 10 U.S.C. 2576a are exclusive powers and
12functions of the State. A home rule municipality may not
13regulate the enrollment in or receipt of property from any
14program established by the United States Department of Defense
15under to 10 U.S.C. 2576a. This Section is a denial and
16limitation of home rule powers and functions under subsection
17(h) of Section 6 of Article VII of the Illinois Constitution.
18 Section 99. Effective date. This Act takes effect upon
19becoming law.