Bill Text: IL SB2640 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the State Police Act. Provides that the Director of State Police shall establish a program to allow a State Police officer who is honorably retiring in good standing to purchase either or both of the following: (i) any State Police badge previously issued to that officer or (ii) if the officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer by the Department of State Police. Provides that the cost of the firearm purchased shall be the replacement value of the firearm and not the firearm's fair market value. Amends the State Property Control Act to make conforming changes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0931 [SB2640 Detail]
Download: Illinois-2017-SB2640-Engrossed.html
Bill Title: Amends the State Police Act. Provides that the Director of State Police shall establish a program to allow a State Police officer who is honorably retiring in good standing to purchase either or both of the following: (i) any State Police badge previously issued to that officer or (ii) if the officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer by the Department of State Police. Provides that the cost of the firearm purchased shall be the replacement value of the firearm and not the firearm's fair market value. Amends the State Property Control Act to make conforming changes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0931 [SB2640 Detail]
Download: Illinois-2017-SB2640-Engrossed.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Natural Resources | ||||||
5 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
6 | is amended by adding Section 805-538 as follows:
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7 | (20 ILCS 805/805-538 new) | ||||||
8 | Sec. 805-538. Retiring officer; purchase of service | ||||||
9 | firearm and police badge. The Director of Natural Resources | ||||||
10 | shall establish a program to allow a Conservation Police | ||||||
11 | Officer who is honorably retiring in good standing to purchase | ||||||
12 | either one or both of the following: (1) any Department of | ||||||
13 | Natural Resources police badge previously issued to that | ||||||
14 | officer; or (2) if the officer has a currently valid Firearm | ||||||
15 | Owner's Identification Card, the service firearm issued or | ||||||
16 | previously issued to the officer by the Department of Natural | ||||||
17 | Resources. The cost of the firearm shall be the replacement | ||||||
18 | value of the firearm and not the firearm's fair market value.
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19 | Section 10. The State Police Act is amended by adding | ||||||
20 | Section 17b as follows:
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21 | (20 ILCS 2610/17b new) |
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1 | Sec. 17b. Retiring officer; purchase of service firearm and | ||||||
2 | police badge. The Director of State Police shall establish a | ||||||
3 | policy to allow a State Police officer who is honorably | ||||||
4 | retiring or separating in good standing to purchase either one | ||||||
5 | or both of the following: (i) any State Police badge previously | ||||||
6 | issued to that officer; or (ii) if the officer has a currently | ||||||
7 | valid Firearm Owner's Identification Card, the service firearm | ||||||
8 | issued or previously issued to the officer by the Department of | ||||||
9 | State Police. The cost of the firearm purchased shall be the | ||||||
10 | replacement value of the firearm and not the firearm's fair | ||||||
11 | market value.
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12 | Section 15. The State Property Control Act is amended by | ||||||
13 | changing Section 7 as follows:
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14 | (30 ILCS 605/7) (from Ch. 127, par. 133b10)
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15 | Sec. 7. Disposition of transferable property.
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16 | (a) Except as provided in subsection (c), whenever a | ||||||
17 | responsible officer
considers it advantageous to
the State to | ||||||
18 | dispose of transferable property by trading it in for
credit on | ||||||
19 | a replacement of like nature, the responsible officer shall
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20 | report the trade-in and replacement to the administrator on | ||||||
21 | forms furnished
by the latter. The exchange, trade or transfer | ||||||
22 | of "textbooks" as defined in
Section 18-17 of the School Code | ||||||
23 | between schools or school districts pursuant
to regulations | ||||||
24 | adopted by the State Board of Education under that Section
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1 | shall not constitute a disposition of transferable property | ||||||
2 | within the
meaning of this Section, even though such exchange, | ||||||
3 | trade or transfer
occurs within 5 years after the textbooks are | ||||||
4 | first provided for loan
pursuant to Section 18-17 of the School | ||||||
5 | Code.
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6 | (b) Except as provided in subsection (c), whenever it is | ||||||
7 | deemed
necessary to dispose of any item of
transferable | ||||||
8 | property, the administrator shall proceed to dispose of the
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9 | property by sale or scrapping as the case may be, in whatever | ||||||
10 | manner he
considers most advantageous and most profitable to | ||||||
11 | the State.
Items of transferable property which would | ||||||
12 | ordinarily be scrapped and
disposed of by burning or by burial | ||||||
13 | in a landfill may be examined and a
determination made whether | ||||||
14 | the property should be recycled. This
determination and any | ||||||
15 | sale of recyclable property shall be in accordance
with rules | ||||||
16 | promulgated by the Administrator.
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17 | When the administrator determines that property is to be | ||||||
18 | disposed of
by sale, he shall offer it first to the | ||||||
19 | municipalities, counties, and
school districts of the State and | ||||||
20 | to charitable, not-for-profit educational
and public health | ||||||
21 | organizations, including but not limited to medical
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22 | institutions, clinics, hospitals, health centers, schools, | ||||||
23 | colleges,
universities, child care centers, museums, nursing | ||||||
24 | homes, programs for the
elderly, food banks, State Use | ||||||
25 | Sheltered Workshops and
the Boy and Girl Scouts of America, for | ||||||
26 | purchase at an appraised
value. Notice of inspection or viewing |
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1 | dates and property lists
shall be distributed in the manner | ||||||
2 | provided in rules and regulations
promulgated by the | ||||||
3 | Administrator for that purpose.
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4 | Electronic data processing equipment purchased and charged | ||||||
5 | to
appropriations may, at the discretion of the administrator, | ||||||
6 | be sold, pursuant
to contracts entered into by the Director of | ||||||
7 | Central Management Services or
the heads of agencies exempt | ||||||
8 | from "The Illinois Purchasing Act". However
such equipment | ||||||
9 | shall not be sold at prices less than the purchase cost
thereof | ||||||
10 | or depreciated value as determined by the administrator. No
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11 | sale of the electronic data processing equipment and lease to | ||||||
12 | the State
by the purchaser of such equipment shall be made | ||||||
13 | under this Act unless
the Director of Central Management | ||||||
14 | Services finds
that such contracts are financially | ||||||
15 | advantageous to the State.
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16 | Disposition of other transferable property by sale, except | ||||||
17 | sales
directly to local governmental units, school districts, | ||||||
18 | and not-for-profit
educational, charitable and public health | ||||||
19 | organizations, shall be subject
to the following minimum | ||||||
20 | conditions:
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21 | (1) The administrator shall cause the property to be | ||||||
22 | advertised for
sale to the highest responsible bidder, | ||||||
23 | stating time, place, and terms
of such sale at least 7 days | ||||||
24 | prior to the time of sale and at least once
in a newspaper | ||||||
25 | having a general circulation in the county where the
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26 | property is to be sold.
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1 | (2) If no acceptable bids are received, the | ||||||
2 | administrator may then
sell the property in whatever manner | ||||||
3 | he considers most advantageous and
most profitable to the | ||||||
4 | State.
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5 | (c) Notwithstanding any other provision of this Act, an | ||||||
6 | agency covered
by this Act may transfer books, serial | ||||||
7 | publications, or other library
materials that are transferable | ||||||
8 | property, or that have been withdrawn from the agency's library | ||||||
9 | collection through a regular collection evaluation process, to | ||||||
10 | any of the following entities:
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11 | (1) Another agency covered by this Act located in | ||||||
12 | Illinois.
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13 | (2) A State supported university library located in | ||||||
14 | Illinois.
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15 | (3) A tax-supported public library located in | ||||||
16 | Illinois, including a library
established by
a public | ||||||
17 | library district.
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18 | (4) A library system organized under the Illinois | ||||||
19 | Library
System Act
or any library located in Illinois that | ||||||
20 | is a member of such a system.
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21 | (5) A non-profit agency, located in or outside | ||||||
22 | Illinois. | ||||||
23 | A transfer of property under this subsection is not subject | ||||||
24 | to the
requirements of subsection (a) or (b).
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25 | In addition, an agency covered by this Act may sell or | ||||||
26 | exchange books, serial publications, and other library |
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1 | materials that have been withdrawn from its library collection | ||||||
2 | through a regular collection evaluation process. Those items | ||||||
3 | may be sold to the public at library book sales or to book | ||||||
4 | dealers or may be offered through exchange to book dealers or | ||||||
5 | other organizations. Revenues generated from the sale of | ||||||
6 | withdrawn items shall be retained by the agency in a separate | ||||||
7 | account to be used solely for the purchase of library | ||||||
8 | materials; except that in the case of the State Library, | ||||||
9 | revenues from the sale of withdrawn items shall be deposited | ||||||
10 | into the State Library Fund to be used for the purposes stated | ||||||
11 | in Section 25 of the State Library Act. | ||||||
12 | For purposes of this subsection (c), "library materials" | ||||||
13 | means physical
entities of any substance that serve as carriers | ||||||
14 | of information, including,
without limitation, books, serial | ||||||
15 | publications, periodicals, microforms,
graphics, audio or
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16 | video recordings, and machine readable data files.
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17 | (d) Notwithstanding any other provision of this Act, the | ||||||
18 | Director of State Police may dispose of a service firearm or | ||||||
19 | police badge issued or previously issued to a retiring or | ||||||
20 | separating State Police officer as provided in Section 17b of | ||||||
21 | the State Police Act. The Director of Natural Resources may | ||||||
22 | dispose of a service firearm or police badge issued previously | ||||||
23 | to a retiring Conservation Police Officer as provided in | ||||||
24 | Section 805-538 of the Department of Natural Resources | ||||||
25 | (Conservation) Law of the
Civil Administrative Code of | ||||||
26 | Illinois. The Director of the Secretary of State Department of |
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1 | Police may dispose of a service firearm or police badge issued | ||||||
2 | or previously issued to a retiring Secretary of State Police | ||||||
3 | officer, inspector, or investigator as provided in Section | ||||||
4 | 2-116 of the Illinois Vehicle Code. | ||||||
5 | (Source: P.A. 96-498, eff. 8-14-09 .)
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6 | Section 20. The Illinois Vehicle Code is amended by | ||||||
7 | changing Section 2-116 as follows:
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8 | (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
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9 | Sec. 2-116. Secretary of State Department of Police.
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10 | (a) The Secretary of State and the officers, inspectors, | ||||||
11 | and
investigators appointed by him shall cooperate with the | ||||||
12 | State Police and
the sheriffs and police in enforcing the laws | ||||||
13 | regulating the operation of
vehicles and the use of the | ||||||
14 | highways.
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15 | (b) The Secretary of State may provide training and | ||||||
16 | education for
members of his office in traffic regulation, the | ||||||
17 | promotion of traffic
safety and the enforcement of laws vested | ||||||
18 | in the Secretary of State for
administration and enforcement | ||||||
19 | regulating the operation of vehicles and the
use of the | ||||||
20 | highways.
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21 | (c) The Secretary of State may provide distinctive uniforms | ||||||
22 | and badges
for officers, inspectors and investigators employed | ||||||
23 | in the administration
of laws relating to the operation of | ||||||
24 | vehicles and the use of the highways
and vesting the |
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1 | administration and enforcement of such laws in the
Secretary of | ||||||
2 | State.
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3 | (c-5) The Director of the Secretary of State Department of | ||||||
4 | Police shall establish a program to allow a Secretary of State | ||||||
5 | Police officer, inspector, or investigator who is honorably | ||||||
6 | retiring in good standing to purchase either one or both of the | ||||||
7 | following: (1) any Secretary of State Department of Police | ||||||
8 | badge previously issued to that officer, inspector, or | ||||||
9 | investigator; or (2) if the officer, inspector, or investigator | ||||||
10 | has a currently valid Firearm Owner's Identification Card, the | ||||||
11 | service firearm issued or previously issued to the officer, | ||||||
12 | inspector, or investigator by the Secretary of State Department | ||||||
13 | of Police. The cost of the firearm shall be the replacement | ||||||
14 | value of the firearm and not the firearm's fair market value. | ||||||
15 | (d) The Secretary of State Department of Police is | ||||||
16 | authorized to:
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17 | (1) investigate the origins, activities, persons, and | ||||||
18 | incidents of
crime and the ways and means, if any, to | ||||||
19 | redress the victims of crimes, and
study the impact, if | ||||||
20 | any, of legislation relative to the criminal laws of this
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21 | State related thereto and conduct any other investigations | ||||||
22 | as may be provided
by law;
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23 | (2) employ skilled experts, technicians, | ||||||
24 | investigators, special agents, or
otherwise specially | ||||||
25 | qualified persons to aid in preventing or detecting crime,
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26 | apprehending criminals, or preparing and presenting |
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1 | evidence of violations of
the criminal laws of the State;
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2 | (3) cooperate with the police of cities, villages, and | ||||||
3 | incorporated towns,
and with the police officers of any | ||||||
4 | county, in enforcing the laws of the State
and in making | ||||||
5 | arrests;
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6 | (4) provide, as may be required by law, assistance to | ||||||
7 | local law
enforcement agencies through training, | ||||||
8 | management, and consultant services
for local law | ||||||
9 | enforcement agencies, pertaining to law enforcement | ||||||
10 | activities;
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11 | (5) exercise the rights, powers, and duties which have | ||||||
12 | been vested in
it by the Secretary of State Act and this | ||||||
13 | Code; and
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14 | (6) enforce and administer any other laws in relation | ||||||
15 | to law
enforcement as may be vested in the Secretary of | ||||||
16 | State Department of Police.
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17 | Persons within the Secretary of State Department of Police | ||||||
18 | who exercise
these powers are conservators of the peace and | ||||||
19 | have all the powers possessed
by policemen in municipalities | ||||||
20 | and sheriffs, and may exercise these powers
anywhere in the | ||||||
21 | State in cooperation with local
law enforcement officials. | ||||||
22 | These
persons may use false or fictitious names in the | ||||||
23 | performance of their duties
under this Section, upon approval | ||||||
24 | of the Director of Police-Secretary of
State, and shall not be | ||||||
25 | subject to prosecution under the criminal laws for that
use.
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26 | (e) The Secretary of State Department of Police may charge, |
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1 | collect, and
receive fees or moneys equivalent to the cost of | ||||||
2 | providing its personnel,
equipment, and services to | ||||||
3 | governmental agencies when explicitly requested by
a | ||||||
4 | governmental agency and according to an intergovernmental | ||||||
5 | agreement or
memorandums of understanding as provided by this | ||||||
6 | Section, including but not
limited to fees or moneys equivalent | ||||||
7 | to the cost of providing training to other
governmental | ||||||
8 | agencies on terms and conditions that in the judgment of the
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9 | Director of Police-Secretary of State are in the best interest | ||||||
10 | of the
Secretary of State. All fees received by the Secretary | ||||||
11 | of State Police
Department under this Act shall be deposited in | ||||||
12 | a special fund in the State
Treasury to be known as
the | ||||||
13 | Secretary of State Police Services Fund. The money deposited in | ||||||
14 | the
Secretary of State Police Services Fund shall be | ||||||
15 | appropriated to the Secretary
of State Department of Police as | ||||||
16 | provided for in subsection (g).
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17 | (f) The Secretary of State Department of Police may apply | ||||||
18 | for grants or
contracts and receive, expend, allocate, or | ||||||
19 | disburse moneys made
available by public or private entities, | ||||||
20 | including, but not limited to,
contracts,
bequests, grants, or | ||||||
21 | receiving equipment from corporations, foundations, or
public | ||||||
22 | or private institutions of higher learning.
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23 | (g) The Secretary of State Police Services Fund is hereby | ||||||
24 | created as a
special fund in the State Treasury. All moneys | ||||||
25 | received under this Section by
the Secretary of
State
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26 | Department of Police shall be deposited into the Secretary of |
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1 | State Police
Services Fund to be appropriated to the Secretary | ||||||
2 | of State Department of Police
for purposes as indicated by the | ||||||
3 | grantor or contractor or, in the case of
moneys bequeathed or | ||||||
4 | granted for no specific purpose, for any purpose as
deemed | ||||||
5 | appropriate by the Director of Police-Secretary of State in
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6 | administering the responsibilities of the Secretary of State | ||||||
7 | Department of
Police.
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8 | (Source: P.A. 92-501, eff. 12-19-01.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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