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91_HB0390ccr001
1 91ST GENERAL ASSEMBLY
2 FIRST CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 390
4 To the President of the Senate and the Speaker of the
5 House of Representatives:
6 We, the conference committee appointed to consider the
7 differences between the houses in relation to Senate
8 Amendments Nos. 1 and 2 to House Bill 390, recommend the
9 following:
10 (1) that the Senate recede from Senate Amendments Nos. 1
11 and 2; and
12 (2) that House Bill 390 be amended as follows:
13 by replacing lines the title with the following:
14 "AN ACT concerning local governments."; and
15 by replacing everything after the enacting clause with the
16 following:
17 "Section 3. The Property Tax Code is amended by changing
18 Section 18-165 as follows:
19 (35 ILCS 200/18-165)
20 Sec. 18-165. Abatement of taxes.
21 (a) Any taxing district, upon a majority vote of its
22 governing authority, may, after the determination of the
23 assessed valuation of its property, order the clerk of that
24 county to abate any portion of its taxes on the following
25 types of property:
26 (1) Commercial and industrial.
27 (A) The property of any commercial or
28 industrial firm, including but not limited to the
29 property of any firm that is used for collecting,
30 separating, storing, or processing recyclable
31 materials, locating within the taxing district
32 during the immediately preceding year from another
33 state, territory, or country, or having been newly
34 created within this State during the immediately
35 preceding year, or expanding an existing facility.
36 The abatement shall not exceed a period of 10 years
37 and the aggregate amount of abated taxes for all
38 taxing districts combined shall not exceed
39 $4,000,000; or
40 (B) The property of any commercial or
41 industrial development of at least 500 acres having
42 been created within the taxing district. The
43 abatement shall not exceed a period of 20 years and
44 the aggregate amount of abated taxes for all taxing
45 districts combined shall not exceed $12,000,000.
46 (C) The property of any commercial or
47 industrial firm currently located in the taxing
48 district that expands a facility or its number of
49 employees. The abatement shall not exceed a period
50 of 10 years and the aggregate amount of abated taxes
51 for all taxing districts combined shall not exceed
52 $4,000,000. The abatement period may be renewed at
53 the option of the taxing districts.
54 (2) Horse racing. Any property in the taxing
55 district which is used for the racing of horses and upon
56 which capital improvements consisting of expansion,
57 improvement or replacement of existing facilities have
58 been made since July 1, 1987. The combined abatements
59 for such property from all taxing districts in any county
60 shall not exceed $5,000,000 annually and shall not exceed
61 a period of 10 years.
62 (3) Auto racing. Any property designed exclusively
63 for the racing of motor vehicles. Such abatement shall
64 not exceed a period of 10 years.
65 (4) Academic or research institute. The property
66 of any academic or research institute in the taxing
67 district that (i) is an exempt organization under
68 paragraph (3) of Section 501(c) of the Internal Revenue
69 Code, (ii) operates for the benefit of the public by
70 actually and exclusively performing scientific research
71 and making the results of the research available to the
1 interested public on a non-discriminatory basis, and
2 (iii) employs more than 100 employees. An abatement
3 granted under this paragraph shall be for at least 15
4 years and the aggregate amount of abated taxes for all
5 taxing districts combined shall not exceed $5,000,000.
6 (5) Housing for older persons. Any property in the
7 taxing district that is devoted exclusively to affordable
8 housing for older households. For purposes of this
9 paragraph, "older households" means those households (i)
10 living in housing provided under any State or federal
11 program that the Department of Human Rights determines is
12 specifically designed and operated to assist elderly
13 persons and is solely occupied by persons 55 years of age
14 or older and (ii) whose annual income does not exceed 80%
15 of the area gross median income, adjusted for family
16 size, as such gross income and median income are
17 determined from time to time by the United States
18 Department of Housing and Urban Development. The
19 abatement shall not exceed a period of 15 years, and the
20 aggregate amount of abated taxes for all taxing districts
21 shall not exceed $3,000,000.
22 (6) Historical society. For assessment years 1998
23 through 2000, the property of an historical society
24 qualifying as an exempt organization under Section
25 501(c)(3) of the federal Internal Revenue Code.
26 (7) Recreational facilities. Any property in the
27 taxing district (i) that is used for a municipal airport,
28 (ii) that is subject to a leasehold assessment under
29 Section 9-195 of this Code and (iii) which is sublet from
30 a park district that is leasing the property from a
31 municipality, but only if the property is used
32 exclusively for recreational facilities or for parking
33 lots used exclusively for those facilities. The
34 abatement shall not exceed a period of 10 years.
35 (b) Upon a majority vote of its governing authority, any
36 municipality may, after the determination of the assessed
37 valuation of its property, order the county clerk to abate
38 any portion of its taxes on any property that is located
39 within the corporate limits of the municipality in accordance
40 with Section 8-3-18 of the Illinois Municipal Code.
41 (Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97;
42 90-568, eff. 1-1-99; 90-655, eff. 7-30-98; 91-644, eff.
43 8-20-99.)
44 Section 5. The Illinois Municipal Code is amended by
45 changing Section 2-3-5 and the Division 96 heading and adding
46 Section 11-96-5 as follows:
47 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
48 Sec. 2-3-5. Whenever in any county of less than 150,000
49 population as determined by the last preceding federal
50 census, any area of contiguous territory, not exceeding 2
51 square miles, not already included within the corporate
52 limits of any municipality, has residing thereon at least 200
53 inhabitants living in dwellings other than those designed to
54 be mobile, and is owned by at least 30 different owners, it
55 may be incorporated as a village as follows:
56 35 electors residing within the area may file with the
57 circuit clerk of the county in which such area is situated a
58 petition addressed to the circuit court for that county.
59 The petition shall set forth (1) a definite description
60 of the lands intended to be embraced in the proposed village,
61 (2) the number of inhabitants residing therein, (3) the name
62 of the proposed village, and (4) a prayer that a question be
63 submitted to the electors residing within the limits of the
64 proposed village whether they will incorporate as a village
65 under this Code.
66 If the area contains fewer than 7,500 residents and lies
67 within 1 1/2 miles of the boundary line of any existing
68 municipality, the consent of the existing municipality must
69 be obtained before the area may be incorporated. No area in a
70 county with a population of 150,000 or more that is
71 incorporating under the provisions of this Section shall need
72 to obtain the consent of any existing municipality before the
73 area may be incorporated.
74 In addition, any contiguous territory in a county of
1 150,000 or more population which otherwise meets the
2 requirements of this Section may be incorporated as a village
3 pursuant to the provisions of this Section if (1) any part of
4 such territory is situated within 10 miles of a county with a
5 population less than 150,000 and a petition is filed pursuant
6 to this Section before January 1, 1991 or (2) any part of the
7 territory is situated within 25 miles of the Illinois state
8 line in a county having a population, according to the 1990
9 federal decennial census, of at least 150,000 but less than
10 185,000 and a petition is filed pursuant to this Section
11 before January 1, 1998.
12 In addition, contiguous territory not exceeding 2 square
13 miles in a county with a population of not less than 300,000
14 and not more than 350,000 that otherwise meets the
15 requirements of this Section may be incorporated as a village
16 pursuant to the provisions of this Section if (1) any part of
17 the territory is situated within 2 miles of a county with a
18 population of less than 150,000 and (2) a petition is filed
19 in the manner provided in this Section before July January 1,
20 2001 2000. The requirements of Section 2-3-18 concerning
21 compatibility with the official plan for development of the
22 county shall not apply to any territory seeking incorporation
23 under this paragraph.
24 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)
25 (65 ILCS 5/Div. 96 heading)
26 DIVISION 96. JOINT OWNERSHIP OF PROPERTY OF
27 MUNICIPALITIES AND WITH PARK DISTRICTS
28 (65 ILCS 5/11-96-5 new)
29 Sec. 11-96-5. Municipal and park district tax.
30 (a) If property within a municipality also lies within a
31 park district and the same property is being taxed for park
32 or recreation purposes by both the municipality and the park
33 district, then the corporate authorities of the municipality
34 may adopt an ordinance or resolution to pay all or part of
35 the park district tax for the property according to
36 subsection (b). If the corporate authorities of a
37 municipality adopt a resolution or ordinance under this
38 Section, then the corporate authorities shall certify the
39 action to the county clerk.
40 (b) Before the county clerk extends the tax levy of the
41 park district, the corporate authorities of the municipality
42 may order the municipal treasurer to pay a specified amount
43 into a special abatement fund held by the county treasurer.
44 The county clerk shall then abate the park district tax
45 extension on the property within the municipality by the
46 amount in the abatement fund by apportioning the abatement
47 amount for each parcel of property according to the assessed
48 value as equalized by the board of review and Department of
49 Revenue. The county treasurer shall then pay the money in
50 the abatement fund to the park district. If the amount in
51 the abatement fund is more than the amount of the current tax
52 levy extended on the property, then the county treasurer
53 shall return the surplus amount to the municipal treasurer.
54 (c) For the purposes of the Property Tax Extension
55 Limitation Law, the amount of the extension abatement shall
56 continue to be included in the park district's aggregate
57 extension base.
58 (d) The municipal tax and abatement shall not exceed a
59 period of 10 years.
60 Section 10. The Park District Code is amended by adding
61 Section 8-23 as follows:
62 (70 ILCS 1205/8-23 new)
63 Sec. 8-23. Criminal background investigations.
64 (a) An applicant for employment with a park district is
65 required as a condition of employment to authorize an
66 investigation to determine if the applicant has been
67 convicted of any of the enumerated criminal or drug offenses
68 in subsection (c) of this Section or has been convicted,
69 within 7 years of the application for employment with the
70 park district, of any other felony under the laws of this
1 State or of any offense committed or attempted in any other
2 state or against the laws of the United States that, if
3 committed or attempted in this State, would have been
4 punishable as a felony under the laws of this State.
5 Authorization for the investigation shall be furnished by the
6 applicant to the park district. Upon receipt of this
7 authorization, the park district shall submit the applicant's
8 name, sex, race, date of birth, and social security number to
9 the Department of State Police on forms prescribed by the
10 Department of State Police. The Department of State Police
11 shall conduct an investigation to ascertain if the applicant
12 being considered for employment has been convicted of any of
13 the enumerated criminal or drug offenses in subsection (c) of
14 this Section or has been convicted, within 7 years of the
15 application for employment with the park district, of any
16 other felony under the laws of this State or of any offense
17 committed or attempted in any other state or against the laws
18 of the United States that, if committed or attempted in this
19 State, would have been punishable as a felony under the laws
20 of this State. The Department of State Police shall charge
21 the park district a fee for conducting the investigation,
22 which fee shall be deposited in the State Police Services
23 Fund and shall not exceed the cost of the inquiry. The
24 applicant shall not be charged a fee by the park district for
25 the investigation.
26 (b) The Department of State Police shall furnish,
27 pursuant to positive identification, records of convictions,
28 until expunged, to the president of the park district. Any
29 information concerning the record of convictions obtained by
30 the president shall be confidential and may only be
31 transmitted to those persons who are necessary to the
32 decision on whether to hire the applicant for employment. A
33 copy of the record of convictions obtained from the
34 Department of State Police shall be provided to the applicant
35 for employment. Any person who releases any confidential
36 information concerning any criminal convictions of an
37 applicant for employment shall be guilty of a Class A
38 misdemeanor, unless the release of such information is
39 authorized by this Section.
40 (c) No park district shall knowingly employ a person who
41 has been convicted for committing attempted first degree
42 murder or for committing or attempting to commit first degree
43 murder, a Class X felony, or any one or more of the following
44 offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
45 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
46 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and
47 12-16 of the Criminal Code of 1961; (ii) those defined in the
48 Cannabis Control Act, except those defined in Sections 4(a),
49 4(b), and 5(a) of that Act; (iii) those defined in the
50 Illinois Controlled Substances Act; and (iv) any offense
51 committed or attempted in any other state or against the laws
52 of the United States, which, if committed or attempted in
53 this State, would have been punishable as one or more of the
54 foregoing offenses. Further, no park district shall
55 knowingly employ a person who has been found to be the
56 perpetrator of sexual or physical abuse of any minor under 18
57 years of age pursuant to proceedings under Article II of the
58 Juvenile Court Act of 1987. No park district shall knowingly
59 employ a person for whom a criminal background investigation
60 has not been initiated.
61 Section 15. The Chicago Park District Act is amended by
62 adding Section 16a-5 as follows:
63 (70 ILCS 1505/16a-5 new)
64 Sec. 16a-5. Criminal background investigations.
65 (a) An applicant for employment with the Chicago Park
66 District is required as a condition of employment to
67 authorize an investigation to determine if the applicant has
68 been convicted of any of the enumerated criminal or drug
69 offenses in subsection (c) of this Section or has been
70 convicted, within 7 years of the application for employment
71 with the Chicago Park District, of any other felony under the
72 laws of this State or of any offense committed or attempted
73 in any other state or against the laws of the United States
74 that, if committed or attempted in this State, would have
1 been punishable as a felony under the laws of this State.
2 Authorization for the investigation shall be furnished by the
3 applicant to the Chicago Park District. Upon receipt of this
4 authorization, the Chicago Park District shall submit the
5 applicant's name, sex, race, date of birth, and social
6 security number to the Department of State Police on forms
7 prescribed by the Department of State Police. The Department
8 of State Police shall conduct an investigation to ascertain
9 if the applicant being considered for employment has been
10 convicted of any of the enumerated criminal or drug offenses
11 in subsection (c) of this Section or has been convicted,
12 within 7 years of the application for employment with the
13 Chicago Park District, of any other felony under the laws of
14 this State or of any offense committed or attempted in any
15 other 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. The
18 Department of State Police shall charge the Chicago Park
19 District a fee for conducting the investigation, which fee
20 shall be deposited in the State Police Services Fund and
21 shall not exceed the cost of the inquiry. The applicant
22 shall not be charged a fee by the Chicago Park District for
23 the investigation.
24 (b) The Department of State Police shall furnish,
25 pursuant to positive identification, records of convictions,
26 until expunged, to the General Superintendent and Chief
27 Executive Officer of the Chicago Park District. Any
28 information concerning the record of convictions obtained by
29 the General Superintendent and Chief Executive Officer shall
30 be confidential and may only be transmitted to those persons
31 who are necessary to the decision on whether to hire the
32 applicant for employment. A copy of the record of
33 convictions obtained from the Department of State Police
34 shall be provided to the applicant for employment. Any
35 person who releases any confidential information concerning
36 any criminal convictions of an applicant for employment shall
37 be guilty of a Class A misdemeanor, unless the release of
38 such information is authorized by this Section.
39 (c) The Chicago Park District may not knowingly employ a
40 person who has been convicted for committing attempted first
41 degree murder or for committing or attempting to commit first
42 degree murder, a Class X felony, or any one or more of the
43 following offenses: (i) those defined in Sections 11-6,
44 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
45 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
46 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
47 those defined in the Cannabis Control Act, except those
48 defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
49 those defined in the Illinois Controlled Substances Act; and
50 (iv) any offense committed or attempted in any other state or
51 against the laws of the United States, which, if committed or
52 attempted in this State, would have been punishable as one or
53 more of the foregoing offenses. Further, the Chicago Park
54 District may not knowingly employ a person who has been found
55 to be the perpetrator of sexual or physical abuse of any
56 minor under 18 years of age pursuant to proceedings under
57 Article II of the Juvenile Court Act of 1987. The Chicago
58 Park District may not knowingly employ a person for whom a
59 criminal background investigation has not been initiated.
60 Section 20. The School Code is amended by changing
61 Sections 10-21.9 and 34-18.5 as follows:
62 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
63 Sec. 10-21.9. Criminal background investigations.
64 (a) After August 1, 1985, certified and noncertified
65 applicants for employment with a school district, except
66 school bus driver applicants, are required as a condition of
67 employment to authorize an investigation to determine if such
68 applicants have been convicted of any of the enumerated
69 criminal or drug offenses in subsection (c) of this Section
70 or have been convicted, within 7 years of the application for
71 employment with the school district, of any other felony
72 under the laws of this State or of any offense committed or
73 attempted in any other state or against the laws of the
74 United States that, if committed or attempted in this State,
1 would have been punishable as a felony under the laws of this
2 State. Authorization for the investigation shall be furnished
3 by the applicant to the school district, except that if the
4 applicant is a substitute teacher seeking employment in more
5 than one school district, a teacher seeking concurrent
6 part-time employment positions with more than one school
7 district (as a reading specialist, special education teacher
8 or otherwise), or an educational support personnel employee
9 seeking employment positions with more than one district, any
10 such district may require the applicant to furnish
11 authorization for the investigation to the regional
12 superintendent of the educational service region in which are
13 located the school districts in which the applicant is
14 seeking employment as a substitute or concurrent part-time
15 teacher or concurrent educational support personnel employee.
16 Upon receipt of this authorization, the school district or
17 the appropriate regional superintendent, as the case may be,
18 shall submit the applicant's name, sex, race, date of birth
19 and social security number to the Department of State Police
20 on forms prescribed by the Department. The regional
21 superintendent submitting the requisite information to the
22 Department of State Police shall promptly notify the school
23 districts in which the applicant is seeking employment as a
24 substitute or concurrent part-time teacher or concurrent
25 educational support personnel employee that the investigation
26 of the applicant has been requested. The Department of State
27 Police shall conduct an investigation to ascertain if the
28 applicant being considered for employment has been convicted
29 of any of the enumerated criminal or drug offenses in
30 subsection (c) or has been convicted, within 7 years of the
31 application for employment with the school district, of any
32 other felony under the laws of this State or of any offense
33 committed or attempted in any other state or against the laws
34 of the United States that, if committed or attempted in this
35 State, would have been punishable as a felony under the laws
36 of this State. The Department shall charge the school
37 district or the appropriate regional superintendent a fee for
38 conducting such investigation, which fee shall be deposited
39 in the State Police Services Fund and shall not exceed the
40 cost of the inquiry; and the applicant shall not be charged a
41 fee for such investigation by the school district or by the
42 regional superintendent. The regional superintendent may
43 seek reimbursement from the State Board of Education or the
44 appropriate school district or districts for fees paid by the
45 regional superintendent to the Department for the criminal
46 background investigations required by this Section.
47 (b) The Department shall furnish, pursuant to positive
48 identification, records of convictions, until expunged, to
49 the president of the school board for the school district
50 which requested the investigation, or to the regional
51 superintendent who requested the investigation. Any
52 information concerning the record of convictions obtained by
53 the president of the school board or the regional
54 superintendent shall be confidential and may only be
55 transmitted to the superintendent of the school district or
56 his designee, the appropriate regional superintendent if the
57 investigation was requested by the school district, the
58 presidents of the appropriate school boards if the
59 investigation was requested from the Department of State
60 Police by the regional superintendent, the State
61 Superintendent of Education, the State Teacher Certification
62 Board or any other person necessary to the decision of hiring
63 the applicant for employment. A copy of the record of
64 convictions obtained from the Department of State Police
65 shall be provided to the applicant for employment. If an
66 investigation of an applicant for employment as a substitute
67 or concurrent part-time teacher or concurrent educational
68 support personnel employee in more than one school district
69 was requested by the regional superintendent, and the
70 Department of State Police upon investigation ascertains that
71 the applicant has not been convicted of any of the enumerated
72 criminal or drug offenses in subsection (c) or has not been
73 convicted, within 7 years of the application for employment
74 with the school district, of any other felony under the laws
75 of this State or of any offense committed or attempted in any
76 other state or against the laws of the United States that, if
77 committed or attempted in this State, would have been
78 punishable as a felony under the laws of this State and so
1 notifies the regional superintendent, then the regional
2 superintendent shall issue to the applicant a certificate
3 evidencing that as of the date specified by the Department of
4 State Police the applicant has not been convicted of any of
5 the enumerated criminal or drug offenses in subsection (c) or
6 has not been convicted, within 7 years of the application for
7 employment with the school district, of any other felony
8 under the laws of this State or of any offense committed or
9 attempted in any other state or against the laws of the
10 United States that, if committed or attempted in this State,
11 would have been punishable as a felony under the laws of this
12 State. The school board of any school district located in
13 the educational service region served by the regional
14 superintendent who issues such a certificate to an applicant
15 for employment as a substitute teacher in more than one such
16 district may rely on the certificate issued by the regional
17 superintendent to that applicant, or may initiate its own
18 investigation of the applicant through the Department of
19 State Police as provided in subsection (a). Any person who
20 releases any confidential information concerning any criminal
21 convictions of an applicant for employment shall be guilty of
22 a Class A misdemeanor, unless the release of such information
23 is authorized by this Section.
24 (c) No school board shall knowingly employ a person who
25 has been convicted for committing attempted first degree
26 murder or for committing or attempting to commit first degree
27 murder or a Class X felony or any one or more of the
28 following offenses: (i) those defined in Sections 11-6, 11-9,
29 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
30 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
31 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
32 in the "Cannabis Control Act" except those defined in
33 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
34 in the "Illinois Controlled Substances Act"; and (iv) any
35 offense committed or attempted in any other state or against
36 the laws of the United States, which if committed or
37 attempted in this State, would have been punishable as one or
38 more of the foregoing offenses. Further, no school board
39 shall knowingly employ a person who has been found to be the
40 perpetrator of sexual or physical abuse of any minor under 18
41 years of age pursuant to proceedings under Article II of the
42 Juvenile Court Act of 1987.
43 (d) No school board shall knowingly employ a person for
44 whom a criminal background investigation has not been
45 initiated.
46 (e) Upon receipt of the record of a conviction of or a
47 finding of child abuse by a holder of any certificate issued
48 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
49 School Code, the appropriate regional superintendent of
50 schools or the State Superintendent of Education shall
51 initiate the certificate suspension and revocation
52 proceedings authorized by law.
53 (f) After January 1, 1990 the provisions of this Section
54 shall apply to all employees of persons or firms holding
55 contracts with any school district including, but not limited
56 to, food service workers, school bus drivers and other
57 transportation employees, who have direct, daily contact with
58 the pupils of any school in such district. For purposes of
59 criminal background investigations on employees of persons or
60 firms holding contracts with more than one school district
61 and assigned to more than one school district, the regional
62 superintendent of the educational service region in which the
63 contracting school districts are located may, at the request
64 of any such school district, be responsible for receiving the
65 authorization for investigation prepared by each such
66 employee and submitting the same to the Department of State
67 Police. Any information concerning the record of conviction
68 of any such employee obtained by the regional superintendent
69 shall be promptly reported to the president of the
70 appropriate school board or school boards.
71 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
72 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
73 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
74 Sec. 34-18.5. Criminal background investigations.
75 (a) After August 1, 1985, certified and noncertified
76 applicants for employment with the school district are
1 required as a condition of employment to authorize an
2 investigation to determine if such applicants have been
3 convicted of any of the enumerated criminal or drug offenses
4 in subsection (c) of this Section or have been convicted,
5 within 7 years of the application for employment with the
6 school district, of any other felony under the laws of this
7 State or of any offense committed or attempted in any other
8 state or against the laws of the United States that, if
9 committed or attempted in this State, would have been
10 punishable as a felony under the laws of this State.
11 Authorization for the investigation shall be furnished by the
12 applicant to the school district, except that if the
13 applicant is a substitute teacher seeking employment in more
14 than one school district, or a teacher seeking concurrent
15 part-time employment positions with more than one school
16 district (as a reading specialist, special education teacher
17 or otherwise), or an educational support personnel employee
18 seeking employment positions with more than one district, any
19 such district may require the applicant to furnish
20 authorization for the investigation to the regional
21 superintendent of the educational service region in which are
22 located the school districts in which the applicant is
23 seeking employment as a substitute or concurrent part-time
24 teacher or concurrent educational support personnel employee.
25 Upon receipt of this authorization, the school district or
26 the appropriate regional superintendent, as the case may be,
27 shall submit the applicant's name, sex, race, date of birth
28 and social security number to the Department of State Police
29 on forms prescribed by the Department. The regional
30 superintendent submitting the requisite information to the
31 Department of State Police shall promptly notify the school
32 districts in which the applicant is seeking employment as a
33 substitute or concurrent part-time teacher or concurrent
34 educational support personnel employee that the investigation
35 of the applicant has been requested. The Department of State
36 Police shall conduct an investigation to ascertain if the
37 applicant being considered for employment has been convicted
38 of any of the enumerated criminal or drug offenses in
39 subsection (c) or has been convicted, within 7 years of the
40 application for employment with the school district, of any
41 other felony under the laws of this State or of any offense
42 committed or attempted in any other state or against the laws
43 of the United States that, if committed or attempted in this
44 State, would have been punishable as a felony under the laws
45 of this State. The Department shall charge the school
46 district or the appropriate regional superintendent a fee for
47 conducting such investigation, which fee shall be deposited
48 in the State Police Services Fund and shall not exceed the
49 cost of the inquiry; and the applicant shall not be charged a
50 fee for such investigation by the school district or by the
51 regional superintendent. The regional superintendent may
52 seek reimbursement from the State Board of Education or the
53 appropriate school district or districts for fees paid by the
54 regional superintendent to the Department for the criminal
55 background investigations required by this Section.
56 (b) The Department shall furnish, pursuant to positive
57 identification, records of convictions, until expunged, to
58 the president of the board of education for the school
59 district which requested the investigation, or to the
60 regional superintendent who requested the investigation. Any
61 information concerning the record of convictions obtained by
62 the president of the board of education or the regional
63 superintendent shall be confidential and may only be
64 transmitted to the general superintendent of the school
65 district or his designee, the appropriate regional
66 superintendent if the investigation was requested by the
67 board of education for the school district, the presidents of
68 the appropriate board of education or school boards if the
69 investigation was requested from the Department of State
70 Police by the regional superintendent, the State
71 Superintendent of Education, the State Teacher Certification
72 Board or any other person necessary to the decision of hiring
73 the applicant for employment. A copy of the record of
74 convictions obtained from the Department of State Police
75 shall be provided to the applicant for employment. If an
76 investigation of an applicant for employment as a substitute
77 or concurrent part-time teacher or concurrent educational
78 support personnel employee in more than one school district
1 was requested by the regional superintendent, and the
2 Department of State Police upon investigation ascertains that
3 the applicant has not been convicted of any of the enumerated
4 criminal or drug offenses in subsection (c) or has not been
5 convicted, within 7 years of the application for employment
6 with the school district, of any other felony under the laws
7 of this State or of any offense committed or attempted in any
8 other state or against the laws of the United States that, if
9 committed or attempted in this State, would have been
10 punishable as a felony under the laws of this State and so
11 notifies the regional superintendent, then the regional
12 superintendent shall issue to the applicant a certificate
13 evidencing that as of the date specified by the Department of
14 State Police the applicant has not been convicted of any of
15 the enumerated criminal or drug offenses in subsection (c) or
16 has not been convicted, within 7 years of the application for
17 employment with the school district, of any other felony
18 under the laws of this State or of any offense committed or
19 attempted in any other state or against the laws of the
20 United States that, if committed or attempted in this State,
21 would have been punishable as a felony under the laws of this
22 State. The school board of any school district located in
23 the educational service region served by the regional
24 superintendent who issues such a certificate to an applicant
25 for employment as a substitute or concurrent part-time
26 teacher or concurrent educational support personnel employee
27 in more than one such district may rely on the certificate
28 issued by the regional superintendent to that applicant, or
29 may initiate its own investigation of the applicant through
30 the Department of State Police as provided in subsection (a).
31 Any person who releases any confidential information
32 concerning any criminal convictions of an applicant for
33 employment shall be guilty of a Class A misdemeanor, unless
34 the release of such information is authorized by this
35 Section.
36 (c) The board of education shall not knowingly employ a
37 person who has been convicted for committing attempted first
38 degree murder or for committing or attempting to commit first
39 degree murder or a Class X felony or any one or more of the
40 following offenses: (i) those defined in Sections 11-6,
41 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
42 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
43 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
44 those defined in the Cannabis Control Act, except those
45 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
46 those defined in the Illinois Controlled Substances Act; and
47 (iv) any offense committed or attempted in any other state or
48 against the laws of the United States, which if committed or
49 attempted in this State, would have been punishable as one or
50 more of the foregoing offenses. Further, the board of
51 education shall not knowingly employ a person who has been
52 found to be the perpetrator of sexual or physical abuse of
53 any minor under 18 years of age pursuant to proceedings under
54 Article II of the Juvenile Court Act of 1987.
55 (d) The board of education shall not knowingly employ a
56 person for whom a criminal background investigation has not
57 been initiated.
58 (e) Upon receipt of the record of a conviction of or a
59 finding of child abuse by a holder of any certificate issued
60 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
61 School Code, the board of education or the State
62 Superintendent of Education shall initiate the certificate
63 suspension and revocation proceedings authorized by law.
64 (f) After March 19, 1990, the provisions of this Section
65 shall apply to all employees of persons or firms holding
66 contracts with any school district including, but not limited
67 to, food service workers, school bus drivers and other
68 transportation employees, who have direct, daily contact with
69 the pupils of any school in such district. For purposes of
70 criminal background investigations on employees of persons or
71 firms holding contracts with more than one school district
72 and assigned to more than one school district, the regional
73 superintendent of the educational service region in which the
74 contracting school districts are located may, at the request
75 of any such school district, be responsible for receiving the
76 authorization for investigation prepared by each such
77 employee and submitting the same to the Department of State
78 Police. Any information concerning the record of conviction
1 of any such employee obtained by the regional superintendent
2 shall be promptly reported to the president of the
3 appropriate school board or school boards.
4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
5 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
6 Section 90. The State Mandates Act is amended by adding
7 Section 8.24 as follows:
8 (30 ILCS 805/8.24 new)
9 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
10 and 8 of this Act, no reimbursement by the State is required
11 for the implementation of any mandate created by this
12 amendatory Act of the 91st General Assembly.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".
15 Submitted on April 15, 2000.
16 s/Sen. Steven Rauschenberger Rep. Gary Hannig
17 s/Sen. Kirk Dillard s/Rep. Calvin L. Giles
18 s/Sen. Walter Dudycz Rep. Barbara Flynn Currie
19 Sen. Lawrence Walsh s/Rep. Art Tenhouse
20 Sen. William Shaw s/Rep. Tom Cross
21 Committee for the Senate Committee for the House
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