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91_HB0390enr
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1 AN ACT concerning local governments.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Property Tax Code is amended by changing
5 Section 18-165 as follows:
6 (35 ILCS 200/18-165)
7 Sec. 18-165. Abatement of taxes.
8 (a) Any taxing district, upon a majority vote of its
9 governing authority, may, after the determination of the
10 assessed valuation of its property, order the clerk of that
11 county to abate any portion of its taxes on the following
12 types of property:
13 (1) Commercial and industrial.
14 (A) The property of any commercial or
15 industrial firm, including but not limited to the
16 property of any firm that is used for collecting,
17 separating, storing, or processing recyclable
18 materials, locating within the taxing district
19 during the immediately preceding year from another
20 state, territory, or country, or having been newly
21 created within this State during the immediately
22 preceding year, or expanding an existing facility.
23 The abatement shall not exceed a period of 10 years
24 and the aggregate amount of abated taxes for all
25 taxing districts combined shall not exceed
26 $4,000,000; or
27 (B) The property of any commercial or
28 industrial development of at least 500 acres having
29 been created within the taxing district. The
30 abatement shall not exceed a period of 20 years and
31 the aggregate amount of abated taxes for all taxing
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1 districts combined shall not exceed $12,000,000.
2 (C) The property of any commercial or
3 industrial firm currently located in the taxing
4 district that expands a facility or its number of
5 employees. The abatement shall not exceed a period
6 of 10 years and the aggregate amount of abated taxes
7 for all taxing districts combined shall not exceed
8 $4,000,000. The abatement period may be renewed at
9 the option of the taxing districts.
10 (2) Horse racing. Any property in the taxing
11 district which is used for the racing of horses and upon
12 which capital improvements consisting of expansion,
13 improvement or replacement of existing facilities have
14 been made since July 1, 1987. The combined abatements
15 for such property from all taxing districts in any county
16 shall not exceed $5,000,000 annually and shall not exceed
17 a period of 10 years.
18 (3) Auto racing. Any property designed exclusively
19 for the racing of motor vehicles. Such abatement shall
20 not exceed a period of 10 years.
21 (4) Academic or research institute. The property
22 of any academic or research institute in the taxing
23 district that (i) is an exempt organization under
24 paragraph (3) of Section 501(c) of the Internal Revenue
25 Code, (ii) operates for the benefit of the public by
26 actually and exclusively performing scientific research
27 and making the results of the research available to the
28 interested public on a non-discriminatory basis, and
29 (iii) employs more than 100 employees. An abatement
30 granted under this paragraph shall be for at least 15
31 years and the aggregate amount of abated taxes for all
32 taxing districts combined shall not exceed $5,000,000.
33 (5) Housing for older persons. Any property in the
34 taxing district that is devoted exclusively to affordable
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1 housing for older households. For purposes of this
2 paragraph, "older households" means those households (i)
3 living in housing provided under any State or federal
4 program that the Department of Human Rights determines is
5 specifically designed and operated to assist elderly
6 persons and is solely occupied by persons 55 years of age
7 or older and (ii) whose annual income does not exceed 80%
8 of the area gross median income, adjusted for family
9 size, as such gross income and median income are
10 determined from time to time by the United States
11 Department of Housing and Urban Development. The
12 abatement shall not exceed a period of 15 years, and the
13 aggregate amount of abated taxes for all taxing districts
14 shall not exceed $3,000,000.
15 (6) Historical society. For assessment years 1998
16 through 2000, the property of an historical society
17 qualifying as an exempt organization under Section
18 501(c)(3) of the federal Internal Revenue Code.
19 (7) Recreational facilities. Any property in the
20 taxing district (i) that is used for a municipal airport,
21 (ii) that is subject to a leasehold assessment under
22 Section 9-195 of this Code and (iii) which is sublet from
23 a park district that is leasing the property from a
24 municipality, but only if the property is used
25 exclusively for recreational facilities or for parking
26 lots used exclusively for those facilities. The
27 abatement shall not exceed a period of 10 years.
28 (b) Upon a majority vote of its governing authority, any
29 municipality may, after the determination of the assessed
30 valuation of its property, order the county clerk to abate
31 any portion of its taxes on any property that is located
32 within the corporate limits of the municipality in accordance
33 with Section 8-3-18 of the Illinois Municipal Code.
34 (Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97;
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1 90-568, eff. 1-1-99; 90-655, eff. 7-30-98; 91-644, eff.
2 8-20-99.)
3 Section 5. The Illinois Municipal Code is amended by
4 changing Section 2-3-5 and the Division 96 heading and adding
5 Section 11-96-5 as follows:
6 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
7 Sec. 2-3-5. Whenever in any county of less than 150,000
8 population as determined by the last preceding federal
9 census, any area of contiguous territory, not exceeding 2
10 square miles, not already included within the corporate
11 limits of any municipality, has residing thereon at least 200
12 inhabitants living in dwellings other than those designed to
13 be mobile, and is owned by at least 30 different owners, it
14 may be incorporated as a village as follows:
15 35 electors residing within the area may file with the
16 circuit clerk of the county in which such area is situated a
17 petition addressed to the circuit court for that county.
18 The petition shall set forth (1) a definite description
19 of the lands intended to be embraced in the proposed village,
20 (2) the number of inhabitants residing therein, (3) the name
21 of the proposed village, and (4) a prayer that a question be
22 submitted to the electors residing within the limits of the
23 proposed village whether they will incorporate as a village
24 under this Code.
25 If the area contains fewer than 7,500 residents and lies
26 within 1 1/2 miles of the boundary line of any existing
27 municipality, the consent of the existing municipality must
28 be obtained before the area may be incorporated. No area in a
29 county with a population of 150,000 or more that is
30 incorporating under the provisions of this Section shall need
31 to obtain the consent of any existing municipality before the
32 area may be incorporated.
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1 In addition, any contiguous territory in a county of
2 150,000 or more population which otherwise meets the
3 requirements of this Section may be incorporated as a village
4 pursuant to the provisions of this Section if (1) any part of
5 such territory is situated within 10 miles of a county with a
6 population less than 150,000 and a petition is filed pursuant
7 to this Section before January 1, 1991 or (2) any part of the
8 territory is situated within 25 miles of the Illinois state
9 line in a county having a population, according to the 1990
10 federal decennial census, of at least 150,000 but less than
11 185,000 and a petition is filed pursuant to this Section
12 before January 1, 1998.
13 In addition, contiguous territory not exceeding 2 square
14 miles in a county with a population of not less than 300,000
15 and not more than 350,000 that otherwise meets the
16 requirements of this Section may be incorporated as a village
17 pursuant to the provisions of this Section if (1) any part of
18 the territory is situated within 2 miles of a county with a
19 population of less than 150,000 and (2) a petition is filed
20 in the manner provided in this Section before July January 1,
21 2001 2000. The requirements of Section 2-3-18 concerning
22 compatibility with the official plan for development of the
23 county shall not apply to any territory seeking incorporation
24 under this paragraph.
25 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)
26 (65 ILCS 5/Div. 96 heading)
27 DIVISION 96. JOINT OWNERSHIP OF PROPERTY OF
28 MUNICIPALITIES AND WITH PARK DISTRICTS
29 (65 ILCS 5/11-96-5 new)
30 Sec. 11-96-5. Municipal and park district tax.
31 (a) If property within a municipality also lies within a
32 park district and the same property is being taxed for park
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1 or recreation purposes by both the municipality and the park
2 district, then the corporate authorities of the municipality
3 may adopt an ordinance or resolution to pay all or part of
4 the park district tax for the property according to
5 subsection (b). If the corporate authorities of a
6 municipality adopt a resolution or ordinance under this
7 Section, then the corporate authorities shall certify the
8 action to the county clerk.
9 (b) Before the county clerk extends the tax levy of the
10 park district, the corporate authorities of the municipality
11 may order the municipal treasurer to pay a specified amount
12 into a special abatement fund held by the county treasurer.
13 The county clerk shall then abate the park district tax
14 extension on the property within the municipality by the
15 amount in the abatement fund by apportioning the abatement
16 amount for each parcel of property according to the assessed
17 value as equalized by the board of review and Department of
18 Revenue. The county treasurer shall then pay the money in
19 the abatement fund to the park district. If the amount in
20 the abatement fund is more than the amount of the current tax
21 levy extended on the property, then the county treasurer
22 shall return the surplus amount to the municipal treasurer.
23 (c) For the purposes of the Property Tax Extension
24 Limitation Law, the amount of the extension abatement shall
25 continue to be included in the park district's aggregate
26 extension base.
27 (d) The municipal tax and abatement shall not exceed a
28 period of 10 years.
29 Section 10. The Park District Code is amended by adding
30 Section 8-23 as follows:
31 (70 ILCS 1205/8-23 new)
32 Sec. 8-23. Criminal background investigations.
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1 (a) An applicant for employment with a park district is
2 required as a condition of employment to authorize an
3 investigation to determine if the applicant has been
4 convicted of any of the enumerated criminal or drug offenses
5 in subsection (c) of this Section or has been convicted,
6 within 7 years of the application for employment with the
7 park district, of any other felony under the laws of this
8 State or of any offense committed or attempted in any other
9 state or against the laws of the United States that, if
10 committed or attempted in this State, would have been
11 punishable as a felony under the laws of this State.
12 Authorization for the investigation shall be furnished by the
13 applicant to the park district. Upon receipt of this
14 authorization, the park district shall submit the applicant's
15 name, sex, race, date of birth, and social security number to
16 the Department of State Police on forms prescribed by the
17 Department of State Police. The Department of State Police
18 shall conduct an investigation to ascertain if the applicant
19 being considered for employment has been convicted of any of
20 the enumerated criminal or drug offenses in subsection (c) of
21 this Section or has been convicted, within 7 years of the
22 application for employment with the park district, of any
23 other felony under the laws of this State or of any offense
24 committed or attempted in any other state or against the laws
25 of the United States that, if committed or attempted in this
26 State, would have been punishable as a felony under the laws
27 of this State. The Department of State Police shall charge
28 the park district a fee for conducting the investigation,
29 which fee shall be deposited in the State Police Services
30 Fund and shall not exceed the cost of the inquiry. The
31 applicant shall not be charged a fee by the park district for
32 the investigation.
33 (b) The Department of State Police shall furnish,
34 pursuant to positive identification, records of convictions,
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1 until expunged, to the president of the park district. Any
2 information concerning the record of convictions obtained by
3 the president shall be confidential and may only be
4 transmitted to those persons who are necessary to the
5 decision on whether to hire the applicant for employment. A
6 copy of the record of convictions obtained from the
7 Department of State Police shall be provided to the applicant
8 for employment. Any person who releases any confidential
9 information concerning any criminal convictions of an
10 applicant for employment shall be guilty of a Class A
11 misdemeanor, unless the release of such information is
12 authorized by this Section.
13 (c) No park district shall knowingly employ a person who
14 has been convicted for committing attempted first degree
15 murder or for committing or attempting to commit first degree
16 murder, a Class X felony, or any one or more of the following
17 offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
18 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
19 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and
20 12-16 of the Criminal Code of 1961; (ii) those defined in the
21 Cannabis Control Act, except those defined in Sections 4(a),
22 4(b), and 5(a) of that Act; (iii) those defined in the
23 Illinois Controlled Substances Act; and (iv) any offense
24 committed or attempted in any other state or against the laws
25 of the United States, which, if committed or attempted in
26 this State, would have been punishable as one or more of the
27 foregoing offenses. Further, no park district shall
28 knowingly employ a person who has been found to be the
29 perpetrator of sexual or physical abuse of any minor under 18
30 years of age pursuant to proceedings under Article II of the
31 Juvenile Court Act of 1987. No park district shall knowingly
32 employ a person for whom a criminal background investigation
33 has not been initiated.
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1 Section 15. The Chicago Park District Act is amended by
2 adding Section 16a-5 as follows:
3 (70 ILCS 1505/16a-5 new)
4 Sec. 16a-5. Criminal background investigations.
5 (a) An applicant for employment with the Chicago Park
6 District is required as a condition of employment to
7 authorize an investigation to determine if the applicant has
8 been convicted of any of the enumerated criminal or drug
9 offenses in subsection (c) of this Section or has been
10 convicted, within 7 years of the application for employment
11 with the Chicago Park District, of any other felony under the
12 laws of this State or of any offense committed or attempted
13 in any other state or against the laws of the United States
14 that, if committed or attempted in this State, would have
15 been punishable as a felony under the laws of this State.
16 Authorization for the investigation shall be furnished by the
17 applicant to the Chicago Park District. Upon receipt of this
18 authorization, the Chicago Park District shall submit the
19 applicant's name, sex, race, date of birth, and social
20 security number to the Department of State Police on forms
21 prescribed by the Department of State Police. The Department
22 of State Police shall conduct an investigation to ascertain
23 if the applicant being considered for employment has been
24 convicted of any of the enumerated criminal or drug offenses
25 in subsection (c) of this Section or has been convicted,
26 within 7 years of the application for employment with the
27 Chicago Park District, of any other felony under the laws of
28 this State or of any offense committed or attempted in any
29 other state or against the laws of the United States that, if
30 committed or attempted in this State, would have been
31 punishable as a felony under the laws of this State. The
32 Department of State Police shall charge the Chicago Park
33 District a fee for conducting the investigation, which fee
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1 shall be deposited in the State Police Services Fund and
2 shall not exceed the cost of the inquiry. The applicant
3 shall not be charged a fee by the Chicago Park District for
4 the investigation.
5 (b) The Department of State Police shall furnish,
6 pursuant to positive identification, records of convictions,
7 until expunged, to the General Superintendent and Chief
8 Executive Officer of the Chicago Park District. Any
9 information concerning the record of convictions obtained by
10 the General Superintendent and Chief Executive Officer shall
11 be confidential and may only be transmitted to those persons
12 who are necessary to the decision on whether to hire the
13 applicant for employment. A copy of the record of
14 convictions obtained from the Department of State Police
15 shall be provided to the applicant for employment. Any
16 person who releases any confidential information concerning
17 any criminal convictions of an applicant for employment shall
18 be guilty of a Class A misdemeanor, unless the release of
19 such information is authorized by this Section.
20 (c) The Chicago Park District may not knowingly employ a
21 person who has been convicted for committing attempted first
22 degree murder or for committing or attempting to commit first
23 degree murder, a Class X felony, or any one or more of the
24 following offenses: (i) those defined in Sections 11-6,
25 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
26 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
27 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
28 those defined in the Cannabis Control Act, except those
29 defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
30 those defined in the Illinois Controlled Substances Act; and
31 (iv) any offense committed or attempted in any other state or
32 against the laws of the United States, which, if committed or
33 attempted in this State, would have been punishable as one or
34 more of the foregoing offenses. Further, the Chicago Park
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1 District may not knowingly employ a person who has been found
2 to be the perpetrator of sexual or physical abuse of any
3 minor under 18 years of age pursuant to proceedings under
4 Article II of the Juvenile Court Act of 1987. The Chicago
5 Park District may not knowingly employ a person for whom a
6 criminal background investigation has not been initiated.
7 Section 20. The School Code is amended by changing
8 Sections 10-21.9 and 34-18.5 as follows:
9 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
10 Sec. 10-21.9. Criminal background investigations.
11 (a) After August 1, 1985, certified and noncertified
12 applicants for employment with a school district, except
13 school bus driver applicants, are required as a condition of
14 employment to authorize an investigation to determine if such
15 applicants have been convicted of any of the enumerated
16 criminal or drug offenses in subsection (c) of this Section
17 or have been convicted, within 7 years of the application for
18 employment with the school district, of any other felony
19 under the laws of this State or of any offense committed or
20 attempted in any other state or against the laws of the
21 United States that, if committed or attempted in this State,
22 would have been punishable as a felony under the laws of this
23 State. Authorization for the investigation shall be furnished
24 by the applicant to the school district, except that if the
25 applicant is a substitute teacher seeking employment in more
26 than one school district, a teacher seeking concurrent
27 part-time employment positions with more than one school
28 district (as a reading specialist, special education teacher
29 or otherwise), or an educational support personnel employee
30 seeking employment positions with more than one district, any
31 such district may require the applicant to furnish
32 authorization for the investigation to the regional
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1 superintendent of the educational service region in which are
2 located the school districts in which the applicant is
3 seeking employment as a substitute or concurrent part-time
4 teacher or concurrent educational support personnel employee.
5 Upon receipt of this authorization, the school district or
6 the appropriate regional superintendent, as the case may be,
7 shall submit the applicant's name, sex, race, date of birth
8 and social security number to the Department of State Police
9 on forms prescribed by the Department. The regional
10 superintendent submitting the requisite information to the
11 Department of State Police shall promptly notify the school
12 districts in which the applicant is seeking employment as a
13 substitute or concurrent part-time teacher or concurrent
14 educational support personnel employee that the investigation
15 of the applicant has been requested. The Department of State
16 Police shall conduct an investigation to ascertain if the
17 applicant being considered for employment has been convicted
18 of any of the enumerated criminal or drug offenses in
19 subsection (c) or has been convicted, within 7 years of the
20 application for employment with the school district, of any
21 other felony under the laws of this State or of any offense
22 committed or attempted in any other state or against the laws
23 of the United States that, if committed or attempted in this
24 State, would have been punishable as a felony under the laws
25 of this State. The Department shall charge the school
26 district or the appropriate regional superintendent a fee for
27 conducting such investigation, which fee shall be deposited
28 in the State Police Services Fund and shall not exceed the
29 cost of the inquiry; and the applicant shall not be charged a
30 fee for such investigation by the school district or by the
31 regional superintendent. The regional superintendent may
32 seek reimbursement from the State Board of Education or the
33 appropriate school district or districts for fees paid by the
34 regional superintendent to the Department for the criminal
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1 background investigations required by this Section.
2 (b) The Department shall furnish, pursuant to positive
3 identification, records of convictions, until expunged, to
4 the president of the school board for the school district
5 which requested the investigation, or to the regional
6 superintendent who requested the investigation. Any
7 information concerning the record of convictions obtained by
8 the president of the school board or the regional
9 superintendent shall be confidential and may only be
10 transmitted to the superintendent of the school district or
11 his designee, the appropriate regional superintendent if the
12 investigation was requested by the school district, the
13 presidents of the appropriate school boards if the
14 investigation was requested from the Department of State
15 Police by the regional superintendent, the State
16 Superintendent of Education, the State Teacher Certification
17 Board or any other person necessary to the decision of hiring
18 the applicant for employment. A copy of the record of
19 convictions obtained from the Department of State Police
20 shall be provided to the applicant for employment. If an
21 investigation of an applicant for employment as a substitute
22 or concurrent part-time teacher or concurrent educational
23 support personnel employee in more than one school district
24 was requested by the regional superintendent, and the
25 Department of State Police upon investigation ascertains that
26 the applicant has not been convicted of any of the enumerated
27 criminal or drug offenses in subsection (c) or has not been
28 convicted, within 7 years of the application for employment
29 with the school district, of any other felony under the laws
30 of this State or of any offense committed or attempted in any
31 other state or against the laws of the United States that, if
32 committed or attempted in this State, would have been
33 punishable as a felony under the laws of this State and so
34 notifies the regional superintendent, then the regional
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1 superintendent shall issue to the applicant a certificate
2 evidencing that as of the date specified by the Department of
3 State Police the applicant has not been convicted of any of
4 the enumerated criminal or drug offenses in subsection (c) or
5 has not been convicted, within 7 years of the application for
6 employment with the school district, of any other felony
7 under the laws of this State or of any offense committed or
8 attempted in any other state or against the laws of the
9 United States that, if committed or attempted in this State,
10 would have been punishable as a felony under the laws of this
11 State. The school board of any school district located in
12 the educational service region served by the regional
13 superintendent who issues such a certificate to an applicant
14 for employment as a substitute teacher in more than one such
15 district may rely on the certificate issued by the regional
16 superintendent to that applicant, or may initiate its own
17 investigation of the applicant through the Department of
18 State Police as provided in subsection (a). Any person who
19 releases any confidential information concerning any criminal
20 convictions of an applicant for employment shall be guilty of
21 a Class A misdemeanor, unless the release of such information
22 is authorized by this Section.
23 (c) No school board shall knowingly employ a person who
24 has been convicted for committing attempted first degree
25 murder or for committing or attempting to commit first degree
26 murder or a Class X felony or any one or more of the
27 following offenses: (i) those defined in Sections 11-6, 11-9,
28 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
29 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
30 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
31 in the "Cannabis Control Act" except those defined in
32 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
33 in the "Illinois Controlled Substances Act"; and (iv) any
34 offense committed or attempted in any other state or against
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1 the laws of the United States, which if committed or
2 attempted in this State, would have been punishable as one or
3 more of the foregoing offenses. Further, no school board
4 shall knowingly employ a person who has been found to be the
5 perpetrator of sexual or physical abuse of any minor under 18
6 years of age pursuant to proceedings under Article II of the
7 Juvenile Court Act of 1987.
8 (d) No school board shall knowingly employ a person for
9 whom a criminal background investigation has not been
10 initiated.
11 (e) Upon receipt of the record of a conviction of or a
12 finding of child abuse by a holder of any certificate issued
13 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
14 School Code, the appropriate regional superintendent of
15 schools or the State Superintendent of Education shall
16 initiate the certificate suspension and revocation
17 proceedings authorized by law.
18 (f) After January 1, 1990 the provisions of this Section
19 shall apply to all employees of persons or firms holding
20 contracts with any school district including, but not limited
21 to, food service workers, school bus drivers and other
22 transportation employees, who have direct, daily contact with
23 the pupils of any school in such district. For purposes of
24 criminal background investigations on employees of persons or
25 firms holding contracts with more than one school district
26 and assigned to more than one school district, the regional
27 superintendent of the educational service region in which the
28 contracting school districts are located may, at the request
29 of any such school district, be responsible for receiving the
30 authorization for investigation prepared by each such
31 employee and submitting the same to the Department of State
32 Police. Any information concerning the record of conviction
33 of any such employee obtained by the regional superintendent
34 shall be promptly reported to the president of the
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1 appropriate school board or school boards.
2 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
3 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
4 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
5 Sec. 34-18.5. Criminal background investigations.
6 (a) After August 1, 1985, certified and noncertified
7 applicants for employment with the school district are
8 required as a condition of employment to authorize an
9 investigation to determine if such applicants have been
10 convicted of any of the enumerated criminal or drug offenses
11 in subsection (c) of this Section or have been convicted,
12 within 7 years of the application for employment with the
13 school district, of any other felony under the laws of this
14 State or of any offense committed or attempted in any other
15 state or against the laws of the United States that, if
16 committed or attempted in this State, would have been
17 punishable as a felony under the laws of this State.
18 Authorization for the investigation shall be furnished by the
19 applicant to the school district, except that if the
20 applicant is a substitute teacher seeking employment in more
21 than one school district, or a teacher seeking concurrent
22 part-time employment positions with more than one school
23 district (as a reading specialist, special education teacher
24 or otherwise), or an educational support personnel employee
25 seeking employment positions with more than one district, any
26 such district may require the applicant to furnish
27 authorization for the investigation to the regional
28 superintendent of the educational service region in which are
29 located the school districts in which the applicant is
30 seeking employment as a substitute or concurrent part-time
31 teacher or concurrent educational support personnel employee.
32 Upon receipt of this authorization, the school district or
33 the appropriate regional superintendent, as the case may be,
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1 shall submit the applicant's name, sex, race, date of birth
2 and social security number to the Department of State Police
3 on forms prescribed by the Department. The regional
4 superintendent submitting the requisite information to the
5 Department of State Police shall promptly notify the school
6 districts in which the applicant is seeking employment as a
7 substitute or concurrent part-time teacher or concurrent
8 educational support personnel employee that the investigation
9 of the applicant has been requested. The Department of State
10 Police shall conduct an investigation to ascertain if the
11 applicant being considered for employment has been convicted
12 of any of the enumerated criminal or drug offenses in
13 subsection (c) or has been convicted, within 7 years of the
14 application for employment with the school district, of any
15 other felony under the laws of this State or of any offense
16 committed or attempted in any other state or against the laws
17 of the United States that, if committed or attempted in this
18 State, would have been punishable as a felony under the laws
19 of this State. The Department shall charge the school
20 district or the appropriate regional superintendent a fee for
21 conducting such investigation, which fee shall be deposited
22 in the State Police Services Fund and shall not exceed the
23 cost of the inquiry; and the applicant shall not be charged a
24 fee for such investigation by the school district or by the
25 regional superintendent. The regional superintendent may
26 seek reimbursement from the State Board of Education or the
27 appropriate school district or districts for fees paid by the
28 regional superintendent to the Department for the criminal
29 background investigations required by this Section.
30 (b) The Department shall furnish, pursuant to positive
31 identification, records of convictions, until expunged, to
32 the president of the board of education for the school
33 district which requested the investigation, or to the
34 regional superintendent who requested the investigation. Any
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1 information concerning the record of convictions obtained by
2 the president of the board of education or the regional
3 superintendent shall be confidential and may only be
4 transmitted to the general superintendent of the school
5 district or his designee, the appropriate regional
6 superintendent if the investigation was requested by the
7 board of education for the school district, the presidents of
8 the appropriate board of education or school boards if the
9 investigation was requested from the Department of State
10 Police by the regional superintendent, the State
11 Superintendent of Education, the State Teacher Certification
12 Board or any other person necessary to the decision of hiring
13 the applicant for employment. A copy of the record of
14 convictions obtained from the Department of State Police
15 shall be provided to the applicant for employment. If an
16 investigation of an applicant for employment as a substitute
17 or concurrent part-time teacher or concurrent educational
18 support personnel employee in more than one school district
19 was requested by the regional superintendent, and the
20 Department of State Police upon investigation ascertains that
21 the applicant has not been convicted of any of the enumerated
22 criminal or drug offenses in subsection (c) or has not been
23 convicted, within 7 years of the application for employment
24 with the school district, of any other felony under the laws
25 of this State or of any offense committed or attempted in any
26 other state or against the laws of the United States that, if
27 committed or attempted in this State, would have been
28 punishable as a felony under the laws of this State and so
29 notifies the regional superintendent, then the regional
30 superintendent shall issue to the applicant a certificate
31 evidencing that as of the date specified by the Department of
32 State Police the applicant has not been convicted of any of
33 the enumerated criminal or drug offenses in subsection (c) or
34 has not been convicted, within 7 years of the application for
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1 employment with the school district, of any other felony
2 under the laws of this State or of any offense committed or
3 attempted in any other state or against the laws of the
4 United States that, if committed or attempted in this State,
5 would have been punishable as a felony under the laws of this
6 State. The school board of any school district located in
7 the educational service region served by the regional
8 superintendent who issues such a certificate to an applicant
9 for employment as a substitute or concurrent part-time
10 teacher or concurrent educational support personnel employee
11 in more than one such district may rely on the certificate
12 issued by the regional superintendent to that applicant, or
13 may initiate its own investigation of the applicant through
14 the Department of State Police as provided in subsection (a).
15 Any person who releases any confidential information
16 concerning any criminal convictions of an applicant for
17 employment shall be guilty of a Class A misdemeanor, unless
18 the release of such information is authorized by this
19 Section.
20 (c) The board of education shall not knowingly employ a
21 person who has been convicted for committing attempted first
22 degree murder or for committing or attempting to commit first
23 degree murder or a Class X felony or any one or more of the
24 following offenses: (i) those defined in Sections 11-6,
25 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
26 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
27 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
28 those defined in the Cannabis Control Act, except those
29 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
30 those defined in the Illinois Controlled Substances Act; and
31 (iv) any offense committed or attempted in any other state or
32 against the laws of the United States, which if committed or
33 attempted in this State, would have been punishable as one or
34 more of the foregoing offenses. Further, the board of
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1 education shall not knowingly employ a person who has been
2 found to be the perpetrator of sexual or physical abuse of
3 any minor under 18 years of age pursuant to proceedings under
4 Article II of the Juvenile Court Act of 1987.
5 (d) The board of education shall not knowingly employ a
6 person for whom a criminal background investigation has not
7 been initiated.
8 (e) Upon receipt of the record of a conviction of or a
9 finding of child abuse by a holder of any certificate issued
10 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
11 School Code, the board of education or the State
12 Superintendent of Education shall initiate the certificate
13 suspension and revocation proceedings authorized by law.
14 (f) After March 19, 1990, the provisions of this Section
15 shall apply to all employees of persons or firms holding
16 contracts with any school district including, but not limited
17 to, food service workers, school bus drivers and other
18 transportation employees, who have direct, daily contact with
19 the pupils of any school in such district. For purposes of
20 criminal background investigations on employees of persons or
21 firms holding contracts with more than one school district
22 and assigned to more than one school district, the regional
23 superintendent of the educational service region in which the
24 contracting school districts are located may, at the request
25 of any such school district, be responsible for receiving the
26 authorization for investigation prepared by each such
27 employee and submitting the same to the Department of State
28 Police. Any information concerning the record of conviction
29 of any such employee obtained by the regional superintendent
30 shall be promptly reported to the president of the
31 appropriate school board or school boards.
32 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
33 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
HB0390 Enrolled -21- LRB9100151PTdv
1 Section 90. The State Mandates Act is amended by adding
2 Section 8.24 as follows:
3 (30 ILCS 805/8.24 new)
4 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
5 and 8 of this Act, no reimbursement by the State is required
6 for the implementation of any mandate created by this
7 amendatory Act of the 91st General Assembly.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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