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| Public Act 100-0931 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Natural Resources | ||||
(Conservation) Law of the
Civil Administrative Code of Illinois | ||||
is amended by adding Section 805-538 as follows: | ||||
(20 ILCS 805/805-538 new) | ||||
Sec. 805-538. Retiring officer; purchase of service | ||||
firearm and police badge. The Director of Natural Resources | ||||
shall establish a program to allow a Conservation Police | ||||
Officer who is honorably retiring in good standing to purchase | ||||
either one or both of the following: (1) any Department of | ||||
Natural Resources police badge previously issued to that | ||||
officer; or (2) 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 Natural | ||||
Resources. The cost of the firearm shall be the replacement | ||||
value of the firearm and not the firearm's fair market value. | ||||
Section 10. The State Police Act is amended by adding | ||||
Section 17b as follows: | ||||
(20 ILCS 2610/17b new) | ||||
Sec. 17b. Retiring officer; purchase of service firearm and | ||
police badge. The Director of State Police shall establish a | ||
policy to allow a State Police officer who is honorably | ||
retiring or separating in good standing to purchase either one | ||
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. The cost of the firearm purchased shall be the | ||
replacement value of the firearm and not the firearm's fair | ||
market value. | ||
Section 13. The Peace Officer Fire Investigation Act is | ||
amended by changing Section 1 as follows:
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(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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Sec. 1. Peace officer status.
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(a) Any person who is a sworn member of any
organized and | ||
paid fire department of a political subdivision of this State
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and is authorized to investigate fires or explosions for such | ||
political
subdivision and
to determine the cause, origin and | ||
circumstances of fires or explosions
that are suspected to be | ||
arson or arson-related crimes, may be classified
as a peace | ||
officer by the political subdivision or agency employing such
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person. A person so classified shall possess the same powers of | ||
arrest,
search and seizure and the securing and service of | ||
warrants as sheriffs
of counties, and police officers within | ||
the jurisdiction of their political
subdivision. While in the | ||
actual investigation and matters incident thereto,
such person | ||
may carry weapons as may be necessary, but only if that person | ||
has
satisfactorily completed (1) a training program offered or | ||
approved by the
Illinois Law Enforcement Training Standards | ||
Board which substantially conforms
to standards promulgated | ||
pursuant to the Illinois Police Training Act and the Peace | ||
Officer and Probation Officer Firearm Training Act; and (2) a | ||
course in fire and arson investigation approved by the
Office | ||
of the State Fire Marshal pursuant to the Illinois Fire | ||
Protection
Training Act. Such training need not include | ||
exposure to vehicle and traffic
law, traffic control and | ||
accident investigation, or first aid, but shall
include | ||
training in the law relating to the rights of persons suspected | ||
of
involvement in criminal activities.
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Any person granted the powers enumerated in this subsection | ||
(a) may exercise such
powers only during the actual | ||
investigation of the cause, origin and
circumstances of such | ||
fires or explosions that are suspected to be arson or
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arson-related crimes.
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(b) Persons employed by the Office of the State Fire | ||
Marshal to conduct arson investigations shall be designated | ||
State Fire Marshal Arson Investigator Special Agents and shall | ||
be peace officers with all of the powers of peace officers in | ||
cities and sheriffs in counties, except that they may exercise | ||
those powers throughout the State. These Special Agents may | ||
exercise these powers only when engaging in official duties | ||
during the actual investigation of the cause, origin, and
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circumstances of such fires or explosions that are suspected to | ||
be arson or
arson-related crimes and may carry weapons at all | ||
times, but only if they have satisfactorily completed (1) a | ||
training course approved by the Illinois Law Enforcement | ||
Training Standards Board that substantially conforms to the | ||
standards promulgated pursuant to the Peace Officer and | ||
Probation Officer Firearm Training Act and (2) a course in fire | ||
and arson investigation approved by the
Office of the State | ||
Fire Marshal pursuant to the Illinois Fire Protection
Training | ||
Act. Such training need not include exposure to vehicle and | ||
traffic
law, traffic control and accident investigation, or | ||
first aid, but shall
include training in the law relating to | ||
the rights of persons suspected of
involvement in criminal | ||
activities. | ||
For purposes of this subsection (b), a "State Fire Marshal | ||
Arson Investigator Special Agent" does not include any fire | ||
investigator, fireman, police officer, or other employee of the | ||
federal government; any fire investigator, fireman, police | ||
officer, or other employee of any unit of local government; or | ||
any fire investigator, fireman, police officer, or other | ||
employee of the State of Illinois other than an employee of the | ||
Office of the State Fire Marshal assigned to investigate arson.
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The State Fire Marshal must authorize to each employee of | ||
the Office
of the State Fire Marshal who is exercising the | ||
powers of a peace officer a
distinct badge that, on its face, | ||
(i) clearly states that the badge is
authorized by the Office | ||
of the State Fire Marshal and (ii) contains a unique
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identifying number. No other badge shall be authorized by the | ||
Office of the
State Fire Marshal, except that a badge, | ||
different from the badge issued to
peace officers, may be | ||
authorized by the Office of the State Fire Marshal for
the use | ||
of fire prevention inspectors employed by that Office.
Nothing | ||
in this subsection prohibits the State Fire Marshal from | ||
issuing
shields or other distinctive identification to | ||
employees not exercising the
powers of a peace officer if the | ||
State Fire Marshal determines that a shield or
distinctive | ||
identification is needed by the employee to carry out his or | ||
her
responsibilities.
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(c) The Office of the State Fire Marshal shall establish a | ||
policy to allow a State Fire Marshal Arson Investigator Special | ||
Agent who is honorably retiring or separating in good standing | ||
to purchase either one or both of the following: (i) any badge | ||
previously issued to that State Fire Marshal Arson Investigator | ||
Special Agent; or (ii) if the State Fire Marshal Arson | ||
Investigator Special Agent has a currently valid Firearm | ||
Owner's Identification Card, the service firearm issued or | ||
previously issued to the State Fire Marshal Arson Investigator | ||
Special Agent by the Office of the State Fire Marshal. The cost | ||
of the firearm purchased shall be the replacement value of the | ||
firearm and not the firearm's fair market value. All funds | ||
received by the agency under this program shall be deposited | ||
into the Fire Prevention Fund. | ||
(Source: P.A. 98-725, eff. 1-1-15.)
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Section 15. The State Property Control Act is amended by | ||
changing Section 7 as follows:
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(30 ILCS 605/7) (from Ch. 127, par. 133b10)
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Sec. 7. Disposition of transferable property.
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(a) Except as provided in subsection (c), whenever a | ||
responsible officer
considers it advantageous to
the State to | ||
dispose of transferable property by trading it in for
credit on | ||
a replacement of like nature, the responsible officer shall
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report the trade-in and replacement to the administrator on | ||
forms furnished
by the latter. The exchange, trade or transfer | ||
of "textbooks" as defined in
Section 18-17 of the School Code | ||
between schools or school districts pursuant
to regulations | ||
adopted by the State Board of Education under that Section
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shall not constitute a disposition of transferable property | ||
within the
meaning of this Section, even though such exchange, | ||
trade or transfer
occurs within 5 years after the textbooks are | ||
first provided for loan
pursuant to Section 18-17 of the School | ||
Code.
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(b) Except as provided in subsection (c), whenever it is | ||
deemed
necessary to dispose of any item of
transferable | ||
property, the administrator shall proceed to dispose of the
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property by sale or scrapping as the case may be, in whatever | ||
manner he
considers most advantageous and most profitable to | ||
the State.
Items of transferable property which would | ||
ordinarily be scrapped and
disposed of by burning or by burial | ||
in a landfill may be examined and a
determination made whether | ||
the property should be recycled. This
determination and any | ||
sale of recyclable property shall be in accordance
with rules | ||
promulgated by the Administrator.
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When the administrator determines that property is to be | ||
disposed of
by sale, he shall offer it first to the | ||
municipalities, counties, and
school districts of the State and | ||
to charitable, not-for-profit educational
and public health | ||
organizations, including but not limited to medical
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institutions, clinics, hospitals, health centers, schools, | ||
colleges,
universities, child care centers, museums, nursing | ||
homes, programs for the
elderly, food banks, State Use | ||
Sheltered Workshops and
the Boy and Girl Scouts of America, for | ||
purchase at an appraised
value. Notice of inspection or viewing | ||
dates and property lists
shall be distributed in the manner | ||
provided in rules and regulations
promulgated by the | ||
Administrator for that purpose.
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Electronic data processing equipment purchased and charged | ||
to
appropriations may, at the discretion of the administrator, | ||
be sold, pursuant
to contracts entered into by the Director of | ||
Central Management Services or
the heads of agencies exempt | ||
from "The Illinois Purchasing Act". However
such equipment | ||
shall not be sold at prices less than the purchase cost
thereof | ||
or depreciated value as determined by the administrator. No
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sale of the electronic data processing equipment and lease to | ||
the State
by the purchaser of such equipment shall be made | ||
under this Act unless
the Director of Central Management | ||
Services finds
that such contracts are financially | ||
advantageous to the State.
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Disposition of other transferable property by sale, except | ||
sales
directly to local governmental units, school districts, | ||
and not-for-profit
educational, charitable and public health | ||
organizations, shall be subject
to the following minimum | ||
conditions:
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(1) The administrator shall cause the property to be | ||
advertised for
sale to the highest responsible bidder, | ||
stating time, place, and terms
of such sale at least 7 days | ||
prior to the time of sale and at least once
in a newspaper | ||
having a general circulation in the county where the
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property is to be sold.
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(2) If no acceptable bids are received, the | ||
administrator may then
sell the property in whatever manner | ||
he considers most advantageous and
most profitable to the | ||
State.
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(c) Notwithstanding any other provision of this Act, an | ||
agency covered
by this Act may transfer books, serial | ||
publications, or other library
materials that are transferable | ||
property, or that have been withdrawn from the agency's library | ||
collection through a regular collection evaluation process, to | ||
any of the following entities:
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(1) Another agency covered by this Act located in | ||
Illinois.
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(2) A State supported university library located in | ||
Illinois.
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(3) A tax-supported public library located in | ||
Illinois, including a library
established by
a public | ||
library district.
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(4) A library system organized under the Illinois | ||
Library
System Act
or any library located in Illinois that | ||
is a member of such a system.
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(5) A non-profit agency, located in or outside | ||
Illinois. | ||
A transfer of property under this subsection is not subject | ||
to the
requirements of subsection (a) or (b).
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In addition, an agency covered by this Act may sell or | ||
exchange books, serial publications, and other library | ||
materials that have been withdrawn from its library collection | ||
through a regular collection evaluation process. Those items | ||
may be sold to the public at library book sales or to book | ||
dealers or may be offered through exchange to book dealers or | ||
other organizations. Revenues generated from the sale of | ||
withdrawn items shall be retained by the agency in a separate | ||
account to be used solely for the purchase of library | ||
materials; except that in the case of the State Library, | ||
revenues from the sale of withdrawn items shall be deposited | ||
into the State Library Fund to be used for the purposes stated | ||
in Section 25 of the State Library Act. | ||
For purposes of this subsection (c), "library materials" | ||
means physical
entities of any substance that serve as carriers | ||
of information, including,
without limitation, books, serial | ||
publications, periodicals, microforms,
graphics, audio or
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video recordings, and machine readable data files.
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(d) Notwithstanding any other provision of this Act, the | ||
Director of State Police may dispose of a service firearm or | ||
police badge issued or previously issued to a retiring or | ||
separating State Police officer as provided in Section 17b of | ||
the State Police Act. The Director of Natural Resources may | ||
dispose of a service firearm or police badge issued previously | ||
to a retiring Conservation Police Officer as provided in | ||
Section 805-538 of the Department of Natural Resources | ||
(Conservation) Law of the
Civil Administrative Code of | ||
Illinois. The Director of the Secretary of State Department of | ||
Police may dispose of a service firearm or police badge issued | ||
or previously issued to a retiring Secretary of State Police | ||
officer, inspector, or investigator as provided in Section | ||
2-116 of the Illinois Vehicle Code. The Office of the State | ||
Fire Marshal may dispose of a service firearm or badge | ||
previously issued to a State Fire Marshal Arson Investigator | ||
Special Agent who is honorably retiring or separating in good | ||
standing as provided in subsection (c) of Section 1 of the | ||
Peace Officer Fire Investigation Act. | ||
(Source: P.A. 96-498, eff. 8-14-09.)
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Section 20. The Illinois Vehicle Code is amended by | ||
changing Section 2-116 as follows:
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(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
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Sec. 2-116. Secretary of State Department of Police.
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(a) The Secretary of State and the officers, inspectors, | ||
and
investigators appointed by him shall cooperate with the | ||
State Police and
the sheriffs and police in enforcing the laws | ||
regulating the operation of
vehicles and the use of the | ||
highways.
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(b) The Secretary of State may provide training and | ||
education for
members of his office in traffic regulation, the | ||
promotion of traffic
safety and the enforcement of laws vested | ||
in the Secretary of State for
administration and enforcement | ||
regulating the operation of vehicles and the
use of the | ||
highways.
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(c) The Secretary of State may provide distinctive uniforms | ||
and badges
for officers, inspectors and investigators employed | ||
in the administration
of laws relating to the operation of | ||
vehicles and the use of the highways
and vesting the | ||
administration and enforcement of such laws in the
Secretary of | ||
State.
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(c-5) The Director of the Secretary of State Department of | ||
Police shall establish a program to allow a Secretary of State | ||
Police officer, inspector, or investigator who is honorably | ||
retiring in good standing to purchase either one or both of the | ||
following: (1) any Secretary of State Department of Police | ||
badge previously issued to that officer, inspector, or | ||
investigator; or (2) if the officer, inspector, or investigator | ||
has a currently valid Firearm Owner's Identification Card, the | ||
service firearm issued or previously issued to the officer, | ||
inspector, or investigator by the Secretary of State Department | ||
of Police. The cost of the firearm shall be the replacement | ||
value of the firearm and not the firearm's fair market value. | ||
(d) The Secretary of State Department of Police is | ||
authorized to:
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(1) investigate the origins, activities, persons, and | ||
incidents of
crime and the ways and means, if any, to | ||
redress the victims of crimes, and
study the impact, if | ||
any, of legislation relative to the criminal laws of this
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State related thereto and conduct any other investigations | ||
as may be provided
by law;
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(2) employ skilled experts, technicians, | ||
investigators, special agents, or
otherwise specially | ||
qualified persons to aid in preventing or detecting crime,
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apprehending criminals, or preparing and presenting | ||
evidence of violations of
the criminal laws of the State;
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(3) cooperate with the police of cities, villages, and | ||
incorporated towns,
and with the police officers of any | ||
county, in enforcing the laws of the State
and in making | ||
arrests;
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(4) provide, as may be required by law, assistance to | ||
local law
enforcement agencies through training, | ||
management, and consultant services
for local law | ||
enforcement agencies, pertaining to law enforcement | ||
activities;
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(5) exercise the rights, powers, and duties which have | ||
been vested in
it by the Secretary of State Act and this | ||
Code; and
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(6) enforce and administer any other laws in relation | ||
to law
enforcement as may be vested in the Secretary of | ||
State Department of Police.
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Persons within the Secretary of State Department of Police | ||
who exercise
these powers are conservators of the peace and | ||
have all the powers possessed
by policemen in municipalities | ||
and sheriffs, and may exercise these powers
anywhere in the | ||
State in cooperation with local
law enforcement officials. | ||
These
persons may use false or fictitious names in the | ||
performance of their duties
under this Section, upon approval | ||
of the Director of Police-Secretary of
State, and shall not be | ||
subject to prosecution under the criminal laws for that
use.
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(e) The Secretary of State Department of Police may charge, | ||
collect, and
receive fees or moneys equivalent to the cost of | ||
providing its personnel,
equipment, and services to | ||
governmental agencies when explicitly requested by
a | ||
governmental agency and according to an intergovernmental | ||
agreement or
memorandums of understanding as provided by this | ||
Section, including but not
limited to fees or moneys equivalent | ||
to the cost of providing training to other
governmental | ||
agencies on terms and conditions that in the judgment of the
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Director of Police-Secretary of State are in the best interest | ||
of the
Secretary of State. All fees received by the Secretary | ||
of State Police
Department under this Act shall be deposited in | ||
a special fund in the State
Treasury to be known as
the | ||
Secretary of State Police Services Fund. The money deposited in | ||
the
Secretary of State Police Services Fund shall be | ||
appropriated to the Secretary
of State Department of Police as | ||
provided for in subsection (g).
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(f) The Secretary of State Department of Police may apply | ||
for grants or
contracts and receive, expend, allocate, or | ||
disburse moneys made
available by public or private entities, | ||
including, but not limited to,
contracts,
bequests, grants, or | ||
receiving equipment from corporations, foundations, or
public | ||
or private institutions of higher learning.
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(g) The Secretary of State Police Services Fund is hereby | ||
created as a
special fund in the State Treasury. All moneys | ||
received under this Section by
the Secretary of
State
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Department of Police shall be deposited into the Secretary of | ||
State Police
Services Fund to be appropriated to the Secretary | ||
of State Department of Police
for purposes as indicated by the | ||
grantor or contractor or, in the case of
moneys bequeathed or | ||
granted for no specific purpose, for any purpose as
deemed | ||
appropriate by the Director of Police-Secretary of State in
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administering the responsibilities of the Secretary of State | ||
Department of
Police.
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(Source: P.A. 92-501, eff. 12-19-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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