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91_SB0283
LRB9101118DHmgA
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Act on the Aging is amended by
5 changing Section 8.01 as follows:
6 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
7 Sec. 8.01. Coordinating Committee; members. The
8 Coordinating Committee of State Agencies Serving Older
9 Persons shall consist of the Director of the Department on
10 Aging as Chairman, the State Superintendent of Education, the
11 Secretary of Human Services, the Secretary of Transportation,
12 and the Directors of the following Departments or agencies:
13 Labor; Veterans' Affairs; Public Health; Public Aid; Children
14 and Family Services; Commerce and Community Affairs;
15 Insurance; Revenue; Illinois Housing Development Authority;
16 and Comprehensive State Health Planning; or their designees.
17 (Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97;
18 90-609, eff. 6-30-98.)
19 Section 10. The Civil Administrative Code of Illinois is
20 amended by changing Section 46.37 as follows:
21 (20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
22 Sec. 46.37. The Department shall provide for a central
23 clearing house for information concerning local government
24 problems and various solutions to those problems and shall
25 assist and aid local governments of the State in matters
26 relating to budgets, fiscal procedures and administration. In
27 performing this responsibility the Department shall have the
28 power and duty to:
29 (a) Maintain communication with all local governments
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1 and assist them, at their request, to improve their
2 administrative procedures and to facilitate improved local
3 government and development;
4 (b) Assemble and disseminate information concerning
5 State and Federal programs, grants, gifts, and subsidies
6 available to local governments and to provide counsel and
7 technical services and other assistance in applying for such
8 programs, grants, gifts and subsidies;
9 (c) Assist in coordinating activities by obtaining
10 information, on forms provided by the Department or by
11 receipt of proposals and applications, concerning State and
12 Federal assisted programs, grants, gifts, and subsidies
13 applied for and received by all local governments;
14 (d) Provide direct consultative services to local
15 governments upon request and provide staff services to
16 special commissions, the Governor, the General Assembly or
17 its committees;
18 (e) Render advice and assistance with respect to the
19 establishment and maintenance of programs for the training of
20 local government officials and other personnel, including
21 programs of intergovernmental exchange of personnel;
22 (f) To act as the official State agency for the receipt
23 and distribution of federal funds which are or may be
24 provided to the State on a flat grant basis for distribution
25 to local governments or in the event federal law requires a
26 State agency to implement programs affecting local
27 governments and for State funds which are or may be provided
28 for the use of local governments unless otherwise provided by
29 law;
30 (g) To administer such laws relating to local government
31 affairs as the General Assembly may direct;
32 (h) Provide all advice and assistance to improve local
33 government administration, to insure the economical and
34 efficient provision of local government services, and to make
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1 this Act effective;
2 (i) Give advice and counsel on fiscal problems of local
3 governments of the State to such local governments;
4 (j) Prepare uniform budgetary forms for use by the local
5 governments of the State;
6 (k) Assist and advise the local governments of the State
7 in matters pertaining to budgets, appropriation requests and
8 ordinances, the determination of property tax levies and
9 rates, and other matters of a financial nature;
10 (l) Be a repository for financial reports and statements
11 required by law of local governments of the State and publish
12 financial summaries thereof;
13 (m) (Blank) At the request of local governments, provide
14 assistance in preparing bond issues, review bonding
15 proposals, and assist in marketing bonds, and provide by
16 January 1, 1985, model forms for the disclosure of all
17 information of significance to potential purchasers of long
18 or short term debt of local governments and all information
19 required to be disclosed in connection with the sale of long
20 or short term debt by local governments;
21 (n) Prepare proposals and advise on the investment of
22 idle local government funds;
23 (o) Administer the program of grants, loans and loan
24 guarantees under the federal Public Works and Economic
25 Development Act of 1965, as amended, 42 U.S.C. 3121 et seq.,
26 and to receive and disburse State and federal funds provided
27 for that program and moneys received as repayments of loans
28 made under the program;
29 (p) After January 1, 1985, upon the request of local
30 governments, to prepare and provide model financial statement
31 forms designed to communicate to taxpayers, service
32 consumers, voters, government employees and news media, in a
33 non-technical manner, all significant financial information
34 regarding a particular local government, and to prepare and
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1 provide to local governments a summary of local governments'
2 obligations concerning the adoption of an annual operating
3 budget which summary shall be set forth in a non-technical
4 manner and shall be designed principally for distribution to,
5 and the use of, taxpayers, service consumers, voters,
6 government employees and news media.
7 (Source: P.A. 83-1362.)
8 Section 15. The Center for Business Ownership Succession
9 and Employee Ownership Act is amended by changing Section 2
10 as follows:
11 (20 ILCS 609/2)
12 Sec. 2. Center for Business Ownership Succession and
13 Employee Ownership.
14 (a) There is created within the Department of Commerce
15 and Community Affairs the Center for Business Ownership
16 Succession and Employee Ownership.
17 The purpose of the Center is to foster greater awareness
18 of the most effective techniques that facilitate business
19 ownership succession and employee ownership with an emphasis
20 on the retention and creation of job opportunities.
21 (b) The Center shall have the authority to do the
22 following:
23 (1) Develop and disseminate materials to promote
24 effective business ownership succession and employee
25 ownership strategies.
26 (2) Provide counseling to individual companies and
27 referral services to provide professional advisors expert
28 in the field of business ownership succession and
29 employee ownership.
30 (3) Plan, organize, sponsor, or conduct conferences
31 and workshops on business ownership succession and
32 employee ownership issues.
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1 (4) Network and contract with local economic
2 development agencies, business organizations, and
3 professional advisors to accomplish the goals of the
4 Center.
5 (5) Raise money from private sources to support the
6 work of the Center.
7 (c) (Blank) The work of the Center shall be supported
8 and guided by an Advisory Task Force on Business Ownership
9 Succession and Employee Ownership. The Task Force shall
10 consist of individuals from the private and public sectors,
11 at least two-thirds of whom shall be from the private sector.
12 The members and the Task Force chairperson shall be chosen by
13 the Governor.
14 (Source: P.A. 89-364, eff. 8-18-95.)
15 Section 20. The Illinois Coal and Energy Development
16 Bond Act is amended by changing Section 6 as follows:
17 (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106)
18 Sec. 6. The Department of Commerce and Community Affairs
19 is authorized to use $120,000,000 for the purposes specified
20 in this Act. These funds shall be expended only on projects
21 for which previous approval of the Illinois Energy Resources
22 Commission has been granted or for a grant to the owner of a
23 generating station located in Illinois and having at least
24 three coal-fired generating units with accredited summer
25 capacity greater than 500 megawatts each at such generating
26 station as specifically authorized by this paragraph.
27 Notwithstanding any of the other provisions of this Act, in
28 considering the approval of projects to be funded under this
29 Act, the Department of Commerce and Community Affairs and the
30 Illinois Energy Resources Commission shall give special
31 consideration to projects which are designed to remove sulfur
32 and other pollutants in the preparation and utilization of
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1 coal, and in the use and operation of electric utility
2 generating plants and industrial facilities which utilize
3 Illinois coal as their primary source of fuel. The
4 Department of Commerce and Community Affairs is directed to
5 enter into a contract with the owner of a generating station
6 located in Illinois and having at least three coal-fired
7 generating units with accredited summer capability greater
8 than 500 megawatts each at such generating station for a
9 grant of $35,000,000 to be made by the State of Illinois to
10 such owner to be used to pay costs of designing, acquiring,
11 constructing, installing and testing facilities to reduce
12 sulfur dioxide emissions at one such generating unit to allow
13 that unit to meet the requirements of the Federal Clean Air
14 Act Amendments of 1990 (P.L. 101-549) while continuing to use
15 coal mined in Illinois as its source of fuel.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 Section 25. The Disabled Persons Rehabilitation Act is
18 amended by changing Section 3 as follows:
19 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
20 Sec. 3. Powers and duties. The Department shall have the
21 powers and duties enumerated herein:
22 (a) To co-operate with the federal government in the
23 administration of the provisions of the federal
24 Rehabilitation Act of 1973, as amended, and of the federal
25 Social Security Act to the extent and in the manner provided
26 in these Acts.
27 (b) To prescribe and supervise such courses of
28 vocational training and provide such other services as may be
29 necessary for the habilitation and rehabilitation of persons
30 with one or more disabilities, including the administrative
31 activities under subsection (e) of this Section, and to
32 co-operate with State and local school authorities and other
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1 recognized agencies engaged in habilitation, rehabilitation
2 and comprehensive rehabilitation services; and to cooperate
3 with the Department of Children and Family Services regarding
4 the care and education of children with one or more
5 disabilities.
6 (c) To make such reports and submit such plans to the
7 federal government as are required by the provisions of the
8 federal Rehabilitation Act of 1973, as amended, and by the
9 rules and regulations of the federal agency or agencies
10 administering the federal Rehabilitation Act of 1973, as
11 amended, and the federal Social Security Act.
12 (d) To report in writing, to the Governor, annually on
13 or before the first day of December, and at such other times
14 and in such manner and upon such subjects as the Governor may
15 require. The annual report shall contain (1) a statement of
16 the existing condition of comprehensive rehabilitation
17 services, habilitation and rehabilitation in the State; (2) a
18 statement of suggestions and recommendations with reference
19 to the development of comprehensive rehabilitation services,
20 habilitation and rehabilitation in the State; and (3) an
21 itemized statement of the amounts of money received from
22 federal, State and other sources, and of the objects and
23 purposes to which the respective items of these several
24 amounts have been devoted.
25 (e) To exercise, pursuant to Section 13 of this Act,
26 executive and administrative supervision over all
27 institutions, divisions, programs and services now existing
28 or hereafter acquired or created under the jurisdiction of
29 the Department, including, but not limited to, the following:
30 The Illinois School for the Visually Impaired at
31 Jacksonville, as provided under Section 10 of this Act,
32 The Illinois School for the Deaf at Jacksonville, as
33 provided under Section 10 of this Act, and
34 The Illinois Center for Rehabilitation and Education, as
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1 provided under Section 11 of this Act.
2 (f) To establish a program of services to prevent
3 unnecessary institutionalization of persons with Alzheimer's
4 disease and related disorders or persons in need of long term
5 care who are established as blind or disabled as defined by
6 the Social Security Act, thereby enabling them to remain in
7 their own homes or other living arrangements. Such preventive
8 services may include, but are not limited to, any or all of
9 the following:
10 (1) home health services;
11 (2) home nursing services;
12 (3) homemaker services;
13 (4) chore and housekeeping services;
14 (5) day care services;
15 (6) home-delivered meals;
16 (7) education in self-care;
17 (8) personal care services;
18 (9) adult day health services;
19 (10) habilitation services;
20 (11) respite care; or
21 (12) other nonmedical social services that may
22 enable the person to become self-supporting.
23 The Department shall establish eligibility standards for
24 such services taking into consideration the unique economic
25 and social needs of the population for whom they are to be
26 provided. Such eligibility standards may be based on the
27 recipient's ability to pay for services; provided, however,
28 that any portion of a person's income that is equal to or
29 less than the "protected income" level shall not be
30 considered by the Department in determining eligibility. The
31 "protected income" level shall be determined by the
32 Department, shall never be less than the federal poverty
33 standard, and shall be adjusted each year to reflect changes
34 in the Consumer Price Index For All Urban Consumers as
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1 determined by the United States Department of Labor.
2 Additionally, in determining the amount and nature of
3 services for which a person may qualify, consideration shall
4 not be given to the value of cash, property or other assets
5 held in the name of the person's spouse pursuant to a written
6 agreement dividing marital property into equal but separate
7 shares or pursuant to a transfer of the person's interest in
8 a home to his spouse, provided that the spouse's share of the
9 marital property is not made available to the person seeking
10 such services.
11 The services shall be provided to eligible persons to
12 prevent unnecessary or premature institutionalization, to the
13 extent that the cost of the services, together with the other
14 personal maintenance expenses of the persons, are reasonably
15 related to the standards established for care in a group
16 facility appropriate to their condition. These
17 non-institutional services, pilot projects or experimental
18 facilities may be provided as part of or in addition to those
19 authorized by federal law or those funded and administered by
20 the Illinois Department on Aging.
21 Personal care attendants shall be paid:
22 (i) A $5 per hour minimum rate beginning July 1,
23 1995.
24 (ii) A $5.30 per hour minimum rate beginning July
25 1, 1997.
26 (iii) A $5.40 per hour minimum rate beginning July
27 1, 1998.
28 The Department shall execute, relative to the nursing
29 home prescreening project, as authorized by Section 4.03 of
30 the Illinois Act on the Aging, written inter-agency
31 agreements with the Department on Aging and the Department of
32 Public Aid, to effect the following: (i) intake procedures
33 and common eligibility criteria for those persons who are
34 receiving non-institutional services; and (ii) the
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1 establishment and development of non-institutional services
2 in areas of the State where they are not currently available
3 or are undeveloped. On and after July 1, 1996, all nursing
4 home prescreenings for individuals 18 through 59 years of age
5 shall be conducted by the Department.
6 The Department is authorized to establish a system of
7 recipient cost-sharing for services provided under this
8 Section. The cost-sharing shall be based upon the
9 recipient's ability to pay for services, but in no case shall
10 the recipient's share exceed the actual cost of the services
11 provided. Protected income shall not be considered by the
12 Department in its determination of the recipient's ability to
13 pay a share of the cost of services. The level of
14 cost-sharing shall be adjusted each year to reflect changes
15 in the "protected income" level. The Department shall deduct
16 from the recipient's share of the cost of services any money
17 expended by the recipient for disability-related expenses.
18 The Department, or the Department's authorized
19 representative, shall recover the amount of moneys expended
20 for services provided to or in behalf of a person under this
21 Section by a claim against the person's estate or against the
22 estate of the person's surviving spouse, but no recovery may
23 be had until after the death of the surviving spouse, if any,
24 and then only at such time when there is no surviving child
25 who is under age 21, blind, or permanently and totally
26 disabled. This paragraph, however, shall not bar recovery,
27 at the death of the person, of moneys for services provided
28 to the person or in behalf of the person under this Section
29 to which the person was not entitled; provided that such
30 recovery shall not be enforced against any real estate while
31 it is occupied as a homestead by the surviving spouse or
32 other dependent, if no claims by other creditors have been
33 filed against the estate, or, if such claims have been filed,
34 they remain dormant for failure of prosecution or failure of
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1 the claimant to compel administration of the estate for the
2 purpose of payment. This paragraph shall not bar recovery
3 from the estate of a spouse, under Sections 1915 and 1924 of
4 the Social Security Act and Section 5-4 of the Illinois
5 Public Aid Code, who precedes a person receiving services
6 under this Section in death. All moneys for services paid to
7 or in behalf of the person under this Section shall be
8 claimed for recovery from the deceased spouse's estate.
9 "Homestead", as used in this paragraph, means the dwelling
10 house and contiguous real estate occupied by a surviving
11 spouse or relative, as defined by the rules and regulations
12 of the Illinois Department of Public Aid, regardless of the
13 value of the property.
14 The Department and the Department on Aging shall
15 cooperate in the development and submission of an annual
16 report on programs and services provided under this Section.
17 Such joint report shall be filed with the Governor and the
18 General Assembly on or before March September 30 each year.
19 The requirement for reporting to the General Assembly
20 shall be satisfied by filing copies of the report with the
21 Speaker, the Minority Leader and the Clerk of the House of
22 Representatives and the President, the Minority Leader and
23 the Secretary of the Senate and the Legislative Research
24 Unit, as required by Section 3.1 of the General Assembly
25 Organization Act, and filing additional copies with the State
26 Government Report Distribution Center for the General
27 Assembly as required under paragraph (t) of Section 7 of the
28 State Library Act.
29 (g) To establish such subdivisions of the Department as
30 shall be desirable and assign to the various subdivisions the
31 responsibilities and duties placed upon the Department by
32 law.
33 (h) To cooperate and enter into any necessary agreements
34 with the Department of Employment Security for the provision
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1 of job placement and job referral services to clients of the
2 Department, including job service registration of such
3 clients with Illinois Employment Security offices and making
4 job listings maintained by the Department of Employment
5 Security available to such clients.
6 (i) To possess all powers reasonable and necessary for
7 the exercise and administration of the powers, duties and
8 responsibilities of the Department which are provided for by
9 law.
10 (j) To establish a procedure whereby new providers of
11 personal care attendant services shall submit vouchers to the
12 State for payment two times during their first month of
13 employment and one time per month thereafter. In no case
14 shall the Department pay personal care attendants an hourly
15 wage that is less than the federal minimum wage.
16 (k) To provide adequate notice to providers of chore and
17 housekeeping services informing them that they are entitled
18 to an interest payment on bills which are not promptly paid
19 pursuant to Section 3 of the State Prompt Payment Act.
20 (l) To establish, operate and maintain a Statewide
21 Housing Clearinghouse of information on available, government
22 subsidized housing accessible to disabled persons and
23 available privately owned housing accessible to disabled
24 persons. The information shall include but not be limited to
25 the location, rental requirements, access features and
26 proximity to public transportation of available housing. The
27 Clearinghouse shall consist of at least a computerized
28 database for the storage and retrieval of information and a
29 separate or shared toll free telephone number for use by
30 those seeking information from the Clearinghouse. Department
31 offices and personnel throughout the State shall also assist
32 in the operation of the Statewide Housing Clearinghouse.
33 Cooperation with local, State and federal housing managers
34 shall be sought and extended in order to frequently and
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1 promptly update the Clearinghouse's information.
2 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95;
3 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
4 Section 30. The Civil Administrative Code of Illinois is
5 amended by changing Sections 55a, 55a-1, 55a-2, 55a-3, 55a-4,
6 55a-5, 55a-7, and 55a-8 as follows:
7 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 55a. Powers and duties.
10 (A) The Department of State Police shall have the
11 following powers and duties, and those set forth in Sections
12 55a-1 through 55c:
13 1. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the State
15 Police Act.
16 2. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Radio Act.
19 3. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Criminal Identification Act.
22 4. To (a) investigate the origins, activities, personnel
23 and incidents of crime and the ways and means to redress the
24 victims of crimes, and study the impact, if any, of
25 legislation relative to the effusion of crime and growing
26 crime rates, and enforce the criminal laws of this State
27 related thereto, (b) enforce all laws regulating the
28 production, sale, prescribing, manufacturing, administering,
29 transporting, having in possession, dispensing, delivering,
30 distributing, or use of controlled substances and cannabis,
31 (c) employ skilled experts, scientists, technicians,
32 investigators or otherwise specially qualified persons to aid
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1 in preventing or detecting crime, apprehending criminals, or
2 preparing and presenting evidence of violations of the
3 criminal laws of the State, (d) cooperate with the police of
4 cities, villages and incorporated towns, and with the police
5 officers of any county, in enforcing the laws of the State
6 and in making arrests and recovering property, (e) apprehend
7 and deliver up any person charged in this State or any other
8 State of the United States with treason, felony, or other
9 crime, who has fled from justice and is found in this State,
10 and (f) conduct such other investigations as may be provided
11 by law. Persons exercising these powers within the Department
12 are conservators of the peace and as such have all the powers
13 possessed by policemen in cities and sheriffs, except that
14 they may exercise such powers anywhere in the State in
15 cooperation with and after contact with the local law
16 enforcement officials. Such persons may use false or
17 fictitious names in the performance of their duties under
18 this paragraph, upon approval of the Director, and shall not
19 be subject to prosecution under the criminal laws for such
20 use.
21 5. To: (a) be a central repository and custodian of
22 criminal statistics for the State, (b) be a central
23 repository for criminal history record information, (c)
24 procure and file for record such information as is necessary
25 and helpful to plan programs of crime prevention, law
26 enforcement and criminal justice, (d) procure and file for
27 record such copies of fingerprints, as may be required by
28 law, (e) establish general and field crime laboratories, (f)
29 register and file for record such information as may be
30 required by law for the issuance of firearm owner's
31 identification cards, (g) employ polygraph operators,
32 laboratory technicians and other specially qualified persons
33 to aid in the identification of criminal activity, and (h)
34 undertake such other identification, information, laboratory,
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1 statistical or registration activities as may be required by
2 law.
3 6. To (a) acquire and operate one or more radio
4 broadcasting stations in the State to be used for police
5 purposes, (b) operate a statewide communications network to
6 gather and disseminate information for law enforcement
7 agencies, (c) operate an electronic data processing and
8 computer center for the storage and retrieval of data
9 pertaining to criminal activity, and (d) undertake such other
10 communication activities as may be required by law.
11 7. To provide, as may be required by law, assistance to
12 local law enforcement agencies through (a) training,
13 management and consultant services for local law enforcement
14 agencies, and (b) the pursuit of research and the publication
15 of studies pertaining to local law enforcement activities.
16 8. To exercise the rights, powers and duties which have
17 been vested in the Department of State Police and the
18 Director of the Department of State Police by the Narcotic
19 Control Division Abolition Act.
20 9. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Illinois Vehicle Code.
23 10. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the Firearm
25 Owners Identification Card Act.
26 11. To enforce and administer such other laws in
27 relation to law enforcement as may be vested in the
28 Department.
29 12. To transfer jurisdiction of any realty title to
30 which is held by the State of Illinois under the control of
31 the Department to any other department of the State
32 government or to the State Employees Housing Commission, or
33 to acquire or accept Federal land, when such transfer,
34 acquisition or acceptance is advantageous to the State and is
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1 approved in writing by the Governor.
2 13. With the written approval of the Governor, to enter
3 into agreements with other departments created by this Act,
4 for the furlough of inmates of the penitentiary to such other
5 departments for their use in research programs being
6 conducted by them.
7 For the purpose of participating in such research
8 projects, the Department may extend the limits of any
9 inmate's place of confinement, when there is reasonable cause
10 to believe that the inmate will honor his or her trust by
11 authorizing the inmate, under prescribed conditions, to leave
12 the confines of the place unaccompanied by a custodial agent
13 of the Department. The Department shall make rules governing
14 the transfer of the inmate to the requesting other department
15 having the approved research project, and the return of such
16 inmate to the unextended confines of the penitentiary. Such
17 transfer shall be made only with the consent of the inmate.
18 The willful failure of a prisoner to remain within the
19 extended limits of his or her confinement or to return within
20 the time or manner prescribed to the place of confinement
21 designated by the Department in granting such extension shall
22 be deemed an escape from custody of the Department and
23 punishable as provided in Section 3-6-4 of the Unified Code
24 of Corrections.
25 14. To provide investigative services, with all of the
26 powers possessed by policemen in cities and sheriffs, in and
27 around all race tracks subject to the Horse Racing Act of
28 1975.
29 15. To expend such sums as the Director deems necessary
30 from Contractual Services appropriations for the Division of
31 Operations Criminal Investigation for the purchase of
32 evidence and for the employment of persons to obtain
33 evidence. Such sums shall be advanced to agents authorized by
34 the Director to expend funds, on vouchers signed by the
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1 Director.
2 16. To assist victims and witnesses in gang crime
3 prosecutions through the administration of funds appropriated
4 from the Gang Violence Victims and Witnesses Fund to the
5 Department. Such funds shall be appropriated to the
6 Department and shall only be used to assist victims and
7 witnesses in gang crime prosecutions and such assistance may
8 include any of the following:
9 (a) temporary living costs;
10 (b) moving expenses;
11 (c) closing costs on the sale of private residence;
12 (d) first month's rent;
13 (e) security deposits;
14 (f) apartment location assistance;
15 (g) other expenses which the Department considers
16 appropriate; and
17 (h) compensation for any loss of or injury to real
18 or personal property resulting from a gang crime to a
19 maximum of $5,000, subject to the following provisions:
20 (1) in the case of loss of property, the
21 amount of compensation shall be measured by the
22 replacement cost of similar or like property which
23 has been incurred by and which is substantiated by
24 the property owner,
25 (2) in the case of injury to property, the
26 amount of compensation shall be measured by the cost
27 of repair incurred and which can be substantiated by
28 the property owner,
29 (3) compensation under this provision is a
30 secondary source of compensation and shall be
31 reduced by any amount the property owner receives
32 from any other source as compensation for the loss
33 or injury, including, but not limited to, personal
34 insurance coverage,
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1 (4) no compensation may be awarded if the
2 property owner was an offender or an accomplice of
3 the offender, or if the award would unjustly benefit
4 the offender or offenders, or an accomplice of the
5 offender or offenders.
6 No victim or witness may receive such assistance if he or
7 she is not a part of or fails to fully cooperate in the
8 prosecution of gang crime members by law enforcement
9 authorities.
10 The Department shall promulgate any rules necessary for
11 the implementation of this amendatory Act of 1985.
12 17. To conduct arson investigations.
13 18. To develop a separate statewide statistical police
14 contact record keeping system for the study of juvenile
15 delinquency. The records of this police contact system shall
16 be limited to statistical information. No individually
17 identifiable information shall be maintained in the police
18 contact statistical record system.
19 19. To develop a separate statewide central adjudicatory
20 and dispositional records system for persons under 19 years
21 of age who have been adjudicated delinquent minors and to
22 make information available to local registered participating
23 police youth officers so that police youth officers will be
24 able to obtain rapid access to the juvenile's background from
25 other jurisdictions to the end that the police youth officers
26 can make appropriate dispositions which will best serve the
27 interest of the child and the community. Information
28 maintained in the adjudicatory and dispositional record
29 system shall be limited to the incidents or offenses for
30 which the minor was adjudicated delinquent by a court, and a
31 copy of the court's dispositional order. All individually
32 identifiable records in the adjudicatory and dispositional
33 records system shall be destroyed when the person reaches 19
34 years of age.
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1 20. To develop rules which guarantee the confidentiality
2 of such individually identifiable adjudicatory and
3 dispositional records except when used for the following:
4 (a) by authorized juvenile court personnel or the
5 State's Attorney in connection with proceedings under the
6 Juvenile Court Act of 1987; or
7 (b) inquiries from registered police youth
8 officers.
9 For the purposes of this Act "police youth officer" means
10 a member of a duly organized State, county or municipal
11 police force who is assigned by his or her Superintendent,
12 Sheriff or chief of police, as the case may be, to specialize
13 in youth problems.
14 21. To develop administrative rules and administrative
15 hearing procedures which allow a minor, his or her attorney,
16 and his or her parents or guardian access to individually
17 identifiable adjudicatory and dispositional records for the
18 purpose of determining or challenging the accuracy of the
19 records. Final administrative decisions shall be subject to
20 the provisions of the Administrative Review Law.
21 22. To charge, collect, and receive fees or moneys
22 equivalent to the cost of providing Department of State
23 Police personnel, equipment, and services to local
24 governmental agencies when explicitly requested by a local
25 governmental agency and pursuant to an intergovernmental
26 agreement as provided by this Section, other State agencies,
27 and federal agencies, including but not limited to fees or
28 moneys equivalent to the cost of providing dispatching
29 services, radio and radar repair, and training to local
30 governmental agencies on such terms and conditions as in the
31 judgment of the Director are in the best interest of the
32 State; and to establish, charge, collect and receive fees or
33 moneys based on the cost of providing responses to requests
34 for criminal history record information pursuant to positive
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1 identification and any Illinois or federal law authorizing
2 access to some aspect of such information and to prescribe
3 the form and manner for requesting and furnishing such
4 information to the requestor on such terms and conditions as
5 in the judgment of the Director are in the best interest of
6 the State, provided fees for requesting and furnishing
7 criminal history record information may be waived for
8 requests in the due administration of the criminal laws. The
9 Department may also charge, collect and receive fees or
10 moneys equivalent to the cost of providing electronic data
11 processing lines or related telecommunication services to
12 local governments, but only when such services can be
13 provided by the Department at a cost less than that
14 experienced by said local governments through other means.
15 All services provided by the Department shall be conducted
16 pursuant to contracts in accordance with the
17 Intergovernmental Cooperation Act, and all telecommunication
18 services shall be provided pursuant to the provisions of
19 Section 67.18 of this Code.
20 All fees received by the Department of State Police under
21 this Act or the Illinois Uniform Conviction Information Act
22 shall be deposited in a special fund in the State Treasury to
23 be known as the State Police Services Fund. The money
24 deposited in the State Police Services Fund shall be
25 appropriated to the Department of State Police for expenses
26 of the Department of State Police.
27 Upon the completion of any audit of the Department of
28 State Police as prescribed by the Illinois State Auditing
29 Act, which audit includes an audit of the State Police
30 Services Fund, the Department of State Police shall make the
31 audit open to inspection by any interested person.
32 23. To exercise the powers and perform the duties which
33 have been vested in the Department of State Police by the
34 Intergovernmental Missing Child Recovery Act of 1984, and to
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1 establish reasonable rules and regulations necessitated
2 thereby.
3 24. (a) To establish and maintain a statewide Law
4 Enforcement Agencies Data System (LEADS) for the purpose of
5 providing electronic access by authorized entities to
6 criminal justice data repositories and effecting an immediate
7 law enforcement response to reports of missing persons,
8 including lost, missing or runaway minors. The Department
9 shall implement an automatic data exchange system to compile,
10 to maintain and to make available to other law enforcement
11 agencies for immediate dissemination data which can assist
12 appropriate agencies in recovering missing persons and
13 provide access by authorized entities to various data
14 repositories available through LEADS for criminal justice and
15 related purposes. To assist the Department in this effort,
16 funds may be appropriated from the LEADS Maintenance Fund.
17 (b) In exercising its duties under this subsection, the
18 Department shall:
19 (1) provide a uniform reporting format for the
20 entry of pertinent information regarding the report of a
21 missing person into LEADS;
22 (2) develop and implement a policy whereby a
23 statewide or regional alert would be used in situations
24 relating to the disappearances of individuals, based on
25 criteria and in a format established by the Department.
26 Such a format shall include, but not be limited to, the
27 age of the missing person and the suspected circumstance
28 of the disappearance;
29 (3) notify all law enforcement agencies that
30 reports of missing persons shall be entered as soon as
31 the minimum level of data specified by the Department is
32 available to the reporting agency, and that no waiting
33 period for the entry of such data exists;
34 (4) compile and retain information regarding lost,
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1 abducted, missing or runaway minors in a separate data
2 file, in a manner that allows such information to be used
3 by law enforcement and other agencies deemed appropriate
4 by the Director, for investigative purposes. Such
5 information shall include the disposition of all reported
6 lost, abducted, missing or runaway minor cases;
7 (5) compile and maintain an historic data
8 repository relating to lost, abducted, missing or runaway
9 minors and other missing persons in order to develop and
10 improve techniques utilized by law enforcement agencies
11 when responding to reports of missing persons; and
12 (6) create a quality control program regarding
13 confirmation of missing person data, timeliness of
14 entries of missing person reports into LEADS and
15 performance audits of all entering agencies.
16 25. On request of a school board or regional
17 superintendent of schools, to conduct an inquiry pursuant to
18 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
19 an applicant for employment in a school district has been
20 convicted of any criminal or drug offenses enumerated in
21 Section 10-21.9 or 34-18.5 of the School Code. The
22 Department shall furnish such conviction information to the
23 President of the school board of the school district which
24 has requested the information, or if the information was
25 requested by the regional superintendent to that regional
26 superintendent.
27 26. To promulgate rules and regulations necessary for
28 the administration and enforcement of its powers and duties,
29 wherever granted and imposed, pursuant to the Illinois
30 Administrative Procedure Act.
31 27. To (a) promulgate rules pertaining to the
32 certification, revocation of certification and training of
33 law enforcement officers as electronic criminal surveillance
34 officers, (b) provide training and technical assistance to
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1 State's Attorneys and local law enforcement agencies
2 pertaining to the interception of private oral
3 communications, (c) promulgate rules necessary for the
4 administration of Article 108B of the Code of Criminal
5 Procedure of 1963, including but not limited to standards for
6 recording and minimization of electronic criminal
7 surveillance intercepts, documentation required to be
8 maintained during an intercept, procedures in relation to
9 evidence developed by an intercept, and (d) charge a
10 reasonable fee to each law enforcement agency that sends
11 officers to receive training as electronic criminal
12 surveillance officers.
13 28. Upon the request of any private organization which
14 devotes a major portion of its time to the provision of
15 recreational, social, educational or child safety services to
16 children, to conduct, pursuant to positive identification,
17 criminal background investigations of all of that
18 organization's current employees, current volunteers,
19 prospective employees or prospective volunteers charged with
20 the care and custody of children during the provision of the
21 organization's services, and to report to the requesting
22 organization any record of convictions maintained in the
23 Department's files about such persons. The Department shall
24 charge an application fee, based on actual costs, for the
25 dissemination of conviction information pursuant to this
26 subsection. The Department is empowered to establish this
27 fee and shall prescribe the form and manner for requesting
28 and furnishing conviction information pursuant to this
29 subsection. Information received by the organization from the
30 Department concerning an individual shall be provided to such
31 individual. Any such information obtained by the
32 organization shall be confidential and may not be transmitted
33 outside the organization and may not be transmitted to anyone
34 within the organization except as needed for the purpose of
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1 evaluating the individual. Only information and standards
2 which bear a reasonable and rational relation to the
3 performance of child care shall be used by the organization.
4 Any employee of the Department or any member, employee or
5 volunteer of the organization receiving confidential
6 information under this subsection who gives or causes to be
7 given any confidential information concerning any criminal
8 convictions of an individual shall be guilty of a Class A
9 misdemeanor unless release of such information is authorized
10 by this subsection.
11 29. Upon the request of the Department of Children and
12 Family Services, to investigate reports of child abuse or
13 neglect.
14 30. To obtain registration of a fictitious vital record
15 pursuant to Section 15.1 of the Vital Records Act.
16 31. To collect and disseminate information relating to
17 "hate crimes" as defined under Section 12-7.1 of the Criminal
18 Code of 1961 contingent upon the availability of State or
19 Federal funds to revise and upgrade the Illinois Uniform
20 Crime Reporting System. All law enforcement agencies shall
21 report monthly to the Department of State Police concerning
22 such offenses in such form and in such manner as may be
23 prescribed by rules and regulations adopted by the Department
24 of State Police. Such information shall be compiled by the
25 Department and be disseminated upon request to any local law
26 enforcement agency, unit of local government, or state
27 agency. Dissemination of such information shall be subject
28 to all confidentiality requirements otherwise imposed by law.
29 The Department of State Police shall provide training for
30 State Police officers in identifying, responding to, and
31 reporting all hate crimes. The Illinois Local Governmental
32 Law Enforcement Officer's Training Standards Board shall
33 develop and certify a course of such training to be made
34 available to local law enforcement officers.
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1 32. Upon the request of a private carrier company that
2 provides transportation under Section 28b of the Metropolitan
3 Transit Authority Act, to ascertain if an applicant for a
4 driver position has been convicted of any criminal or drug
5 offense enumerated in Section 28b of the Metropolitan Transit
6 Authority Act. The Department shall furnish the conviction
7 information to the private carrier company that requested the
8 information.
9 33. To apply for grants or contracts, receive, expend,
10 allocate, or disburse funds and moneys made available by
11 public or private entities, including, but not limited to,
12 contracts, bequests, grants, or receiving equipment from
13 corporations, foundations, or public or private institutions
14 of higher learning. All funds received by the Department
15 from these sources shall be deposited into the appropriate
16 fund in the State Treasury to be appropriated to the
17 Department for purposes as indicated by the grantor or
18 contractor or, in the case of funds or moneys bequeathed or
19 granted for no specific purpose, for any purpose as deemed
20 appropriate by the Director in administering the
21 responsibilities of the Department.
22 34. Upon the request of the Department of Children and
23 Family Services, the Department of State Police shall provide
24 properly designated employees of the Department of Children
25 and Family Services with criminal history record information
26 as defined in the Illinois Uniform Conviction Information Act
27 and information maintained in the adjudicatory and
28 dispositional record system as defined in subdivision (A)19
29 of this Section if the Department of Children and Family
30 Services determines the information is necessary to perform
31 its duties under the Abused and Neglected Child Reporting
32 Act, the Child Care Act of 1969, and the Children and Family
33 Services Act. The request shall be in the form and manner
34 specified by the Department of State Police.
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1 35. The Illinois Department of Public Aid is an
2 authorized entity under this Section for the purpose of
3 obtaining access to various data repositories available
4 through LEADS, to facilitate the location of individuals for
5 establishing paternity, and establishing, modifying, and
6 enforcing child support obligations, pursuant to the Illinois
7 Public Aid Code and Title IV, Part D of the Social Security
8 Act. The Department shall enter into an agreement with the
9 Illinois Department of Public Aid consistent with these
10 purposes.
11 36. Upon request of the Department of Human Services, to
12 conduct an assessment and evaluation of sexually violent
13 persons as mandated by the Sexually Violent Persons
14 Commitment Act, the Department shall furnish criminal history
15 information maintained on the requested person. The request
16 shall be in the form and manner specified by the Department.
17 (B) The Department of State Police may establish and
18 maintain, within the Department of State Police, a Statewide
19 Organized Criminal Gang Database (SWORD) for the purpose of
20 tracking organized criminal gangs and their memberships.
21 Information in the database may include, but not be limited
22 to, the name, last known address, birth date, physical
23 descriptions (such as scars, marks, or tattoos), officer
24 safety information, organized gang affiliation, and entering
25 agency identifier. The Department may develop, in
26 consultation with the Criminal Justice Information Authority,
27 and in a form and manner prescribed by the Department, an
28 automated data exchange system to compile, to maintain, and
29 to make this information electronically available to
30 prosecutors and to other law enforcement agencies. The
31 information may be used by authorized agencies to combat the
32 operations of organized criminal gangs statewide.
33 (C) The Department of State Police may ascertain the
34 number of bilingual police officers and other personnel
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1 needed to provide services in a language other than English
2 and may establish, under applicable personnel rules and
3 Department guidelines or through a collective bargaining
4 agreement, a bilingual pay supplement program.
5 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
6 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
7 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
8 (Text of Section after amendment by P.A. 90-590)
9 Sec. 55a. Powers and duties.
10 (A) The Department of State Police shall have the
11 following powers and duties, and those set forth in Sections
12 55a-1 through 55c:
13 1. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the State
15 Police Act.
16 2. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Radio Act.
19 3. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Criminal Identification Act.
22 4. To (a) investigate the origins, activities, personnel
23 and incidents of crime and the ways and means to redress the
24 victims of crimes, and study the impact, if any, of
25 legislation relative to the effusion of crime and growing
26 crime rates, and enforce the criminal laws of this State
27 related thereto, (b) enforce all laws regulating the
28 production, sale, prescribing, manufacturing, administering,
29 transporting, having in possession, dispensing, delivering,
30 distributing, or use of controlled substances and cannabis,
31 (c) employ skilled experts, scientists, technicians,
32 investigators or otherwise specially qualified persons to aid
33 in preventing or detecting crime, apprehending criminals, or
34 preparing and presenting evidence of violations of the
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1 criminal laws of the State, (d) cooperate with the police of
2 cities, villages and incorporated towns, and with the police
3 officers of any county, in enforcing the laws of the State
4 and in making arrests and recovering property, (e) apprehend
5 and deliver up any person charged in this State or any other
6 State of the United States with treason, felony, or other
7 crime, who has fled from justice and is found in this State,
8 and (f) conduct such other investigations as may be provided
9 by law. Persons exercising these powers within the Department
10 are conservators of the peace and as such have all the powers
11 possessed by policemen in cities and sheriffs, except that
12 they may exercise such powers anywhere in the State in
13 cooperation with and after contact with the local law
14 enforcement officials. Such persons may use false or
15 fictitious names in the performance of their duties under
16 this paragraph, upon approval of the Director, and shall not
17 be subject to prosecution under the criminal laws for such
18 use.
19 5. To: (a) be a central repository and custodian of
20 criminal statistics for the State, (b) be a central
21 repository for criminal history record information, (c)
22 procure and file for record such information as is necessary
23 and helpful to plan programs of crime prevention, law
24 enforcement and criminal justice, (d) procure and file for
25 record such copies of fingerprints, as may be required by
26 law, (e) establish general and field crime laboratories, (f)
27 register and file for record such information as may be
28 required by law for the issuance of firearm owner's
29 identification cards, (g) employ polygraph operators,
30 laboratory technicians and other specially qualified persons
31 to aid in the identification of criminal activity, and (h)
32 undertake such other identification, information, laboratory,
33 statistical or registration activities as may be required by
34 law.
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1 6. To (a) acquire and operate one or more radio
2 broadcasting stations in the State to be used for police
3 purposes, (b) operate a statewide communications network to
4 gather and disseminate information for law enforcement
5 agencies, (c) operate an electronic data processing and
6 computer center for the storage and retrieval of data
7 pertaining to criminal activity, and (d) undertake such other
8 communication activities as may be required by law.
9 7. To provide, as may be required by law, assistance to
10 local law enforcement agencies through (a) training,
11 management and consultant services for local law enforcement
12 agencies, and (b) the pursuit of research and the publication
13 of studies pertaining to local law enforcement activities.
14 8. To exercise the rights, powers and duties which have
15 been vested in the Department of State Police and the
16 Director of the Department of State Police by the Narcotic
17 Control Division Abolition Act.
18 9. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the
20 Illinois Vehicle Code.
21 10. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the Firearm
23 Owners Identification Card Act.
24 11. To enforce and administer such other laws in
25 relation to law enforcement as may be vested in the
26 Department.
27 12. To transfer jurisdiction of any realty title to
28 which is held by the State of Illinois under the control of
29 the Department to any other department of the State
30 government or to the State Employees Housing Commission, or
31 to acquire or accept Federal land, when such transfer,
32 acquisition or acceptance is advantageous to the State and is
33 approved in writing by the Governor.
34 13. With the written approval of the Governor, to enter
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1 into agreements with other departments created by this Act,
2 for the furlough of inmates of the penitentiary to such other
3 departments for their use in research programs being
4 conducted by them.
5 For the purpose of participating in such research
6 projects, the Department may extend the limits of any
7 inmate's place of confinement, when there is reasonable cause
8 to believe that the inmate will honor his or her trust by
9 authorizing the inmate, under prescribed conditions, to leave
10 the confines of the place unaccompanied by a custodial agent
11 of the Department. The Department shall make rules governing
12 the transfer of the inmate to the requesting other department
13 having the approved research project, and the return of such
14 inmate to the unextended confines of the penitentiary. Such
15 transfer shall be made only with the consent of the inmate.
16 The willful failure of a prisoner to remain within the
17 extended limits of his or her confinement or to return within
18 the time or manner prescribed to the place of confinement
19 designated by the Department in granting such extension shall
20 be deemed an escape from custody of the Department and
21 punishable as provided in Section 3-6-4 of the Unified Code
22 of Corrections.
23 14. To provide investigative services, with all of the
24 powers possessed by policemen in cities and sheriffs, in and
25 around all race tracks subject to the Horse Racing Act of
26 1975.
27 15. To expend such sums as the Director deems necessary
28 from Contractual Services appropriations for the Division of
29 Operations Criminal Investigation for the purchase of
30 evidence and for the employment of persons to obtain
31 evidence. Such sums shall be advanced to agents authorized by
32 the Director to expend funds, on vouchers signed by the
33 Director.
34 16. To assist victims and witnesses in gang crime
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1 prosecutions through the administration of funds appropriated
2 from the Gang Violence Victims and Witnesses Fund to the
3 Department. Such funds shall be appropriated to the
4 Department and shall only be used to assist victims and
5 witnesses in gang crime prosecutions and such assistance may
6 include any of the following:
7 (a) temporary living costs;
8 (b) moving expenses;
9 (c) closing costs on the sale of private residence;
10 (d) first month's rent;
11 (e) security deposits;
12 (f) apartment location assistance;
13 (g) other expenses which the Department considers
14 appropriate; and
15 (h) compensation for any loss of or injury to real
16 or personal property resulting from a gang crime to a
17 maximum of $5,000, subject to the following provisions:
18 (1) in the case of loss of property, the
19 amount of compensation shall be measured by the
20 replacement cost of similar or like property which
21 has been incurred by and which is substantiated by
22 the property owner,
23 (2) in the case of injury to property, the
24 amount of compensation shall be measured by the cost
25 of repair incurred and which can be substantiated by
26 the property owner,
27 (3) compensation under this provision is a
28 secondary source of compensation and shall be
29 reduced by any amount the property owner receives
30 from any other source as compensation for the loss
31 or injury, including, but not limited to, personal
32 insurance coverage,
33 (4) no compensation may be awarded if the
34 property owner was an offender or an accomplice of
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1 the offender, or if the award would unjustly benefit
2 the offender or offenders, or an accomplice of the
3 offender or offenders.
4 No victim or witness may receive such assistance if he or
5 she is not a part of or fails to fully cooperate in the
6 prosecution of gang crime members by law enforcement
7 authorities.
8 The Department shall promulgate any rules necessary for
9 the implementation of this amendatory Act of 1985.
10 17. To conduct arson investigations.
11 18. To develop a separate statewide statistical police
12 contact record keeping system for the study of juvenile
13 delinquency. The records of this police contact system shall
14 be limited to statistical information. No individually
15 identifiable information shall be maintained in the police
16 contact statistical record system.
17 19. To develop a separate statewide central juvenile
18 records system for persons arrested prior to the age of 17
19 under Section 5-401 of the Juvenile Court Act of 1987 or
20 adjudicated delinquent minors and to make information
21 available to local law enforcement officers so that law
22 enforcement officers will be able to obtain rapid access to
23 the background of the minor from other jurisdictions to the
24 end that the juvenile police officers can make appropriate
25 decisions which will best serve the interest of the child and
26 the community. The Department shall submit a quarterly
27 report to the General Assembly and Governor which shall
28 contain the number of juvenile records that the Department
29 has received in that quarter and, a list, by category, of
30 offenses that minors were arrested for or convicted of by
31 age, race and gender.
32 20. To develop rules which guarantee the confidentiality
33 of such individually identifiable juvenile records except to
34 juvenile authorities who request information concerning the
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1 minor and who certify in writing that the information will
2 not be disclosed to any other party except as provided under
3 law or order of court. For purposes of this Section,
4 "juvenile authorities" means: (i) a judge of the circuit
5 court and members of the staff of the court designated by the
6 judge; (ii) parties to the proceedings under the Juvenile
7 Court Act of 1987 and their attorneys; (iii) probation
8 officers and court appointed advocates for the juvenile
9 authorized by the judge hearing the case; (iv) any individual
10 or, public or of private agency having custody of the child
11 pursuant to court order; (v) any individual or, public or
12 private agency providing education, medical or mental health
13 service to the child when the requested information is needed
14 to determine the appropriate service or treatment for the
15 minor; (vi) any potential placement provider when such
16 release is authorized by the court for the limited purpose of
17 determining the appropriateness of the potential placement;
18 (vii) law enforcement officers and prosecutors; (viii) adult
19 and juvenile prisoner review boards; (ix) authorized military
20 personnel; (x) individuals authorized by court; (xi) the
21 Illinois General Assembly or any committee or commission
22 thereof.
23 21. To develop administrative rules and administrative
24 hearing procedures which allow a minor, his or her attorney,
25 and his or her parents or guardian access to individually
26 identifiable juvenile records for the purpose of determining
27 or challenging the accuracy of the records. Final
28 administrative decisions shall be subject to the provisions
29 of the Administrative Review Law.
30 22. To charge, collect, and receive fees or moneys
31 equivalent to the cost of providing Department of State
32 Police personnel, equipment, and services to local
33 governmental agencies when explicitly requested by a local
34 governmental agency and pursuant to an intergovernmental
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1 agreement as provided by this Section, other State agencies,
2 and federal agencies, including but not limited to fees or
3 moneys equivalent to the cost of providing dispatching
4 services, radio and radar repair, and training to local
5 governmental agencies on such terms and conditions as in the
6 judgment of the Director are in the best interest of the
7 State; and to establish, charge, collect and receive fees or
8 moneys based on the cost of providing responses to requests
9 for criminal history record information pursuant to positive
10 identification and any Illinois or federal law authorizing
11 access to some aspect of such information and to prescribe
12 the form and manner for requesting and furnishing such
13 information to the requestor on such terms and conditions as
14 in the judgment of the Director are in the best interest of
15 the State, provided fees for requesting and furnishing
16 criminal history record information may be waived for
17 requests in the due administration of the criminal laws. The
18 Department may also charge, collect and receive fees or
19 moneys equivalent to the cost of providing electronic data
20 processing lines or related telecommunication services to
21 local governments, but only when such services can be
22 provided by the Department at a cost less than that
23 experienced by said local governments through other means.
24 All services provided by the Department shall be conducted
25 pursuant to contracts in accordance with the
26 Intergovernmental Cooperation Act, and all telecommunication
27 services shall be provided pursuant to the provisions of
28 Section 67.18 of this Code.
29 All fees received by the Department of State Police under
30 this Act or the Illinois Uniform Conviction Information Act
31 shall be deposited in a special fund in the State Treasury to
32 be known as the State Police Services Fund. The money
33 deposited in the State Police Services Fund shall be
34 appropriated to the Department of State Police for expenses
-35- LRB9101118DHmgA
1 of the Department of State Police.
2 Upon the completion of any audit of the Department of
3 State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 23. To exercise the powers and perform the duties which
8 have been vested in the Department of State Police by the
9 Intergovernmental Missing Child Recovery Act of 1984, and to
10 establish reasonable rules and regulations necessitated
11 thereby.
12 24. (a) To establish and maintain a statewide Law
13 Enforcement Agencies Data System (LEADS) for the purpose of
14 providing electronic access by authorized entities to
15 criminal justice data repositories and effecting an immediate
16 law enforcement response to reports of missing persons,
17 including lost, missing or runaway minors. The Department
18 shall implement an automatic data exchange system to compile,
19 to maintain and to make available to other law enforcement
20 agencies for immediate dissemination data which can assist
21 appropriate agencies in recovering missing persons and
22 provide access by authorized entities to various data
23 repositories available through LEADS for criminal justice and
24 related purposes. To assist the Department in this effort,
25 funds may be appropriated from the LEADS Maintenance Fund.
26 (b) In exercising its duties under this subsection, the
27 Department shall:
28 (1) provide a uniform reporting format for the
29 entry of pertinent information regarding the report of a
30 missing person into LEADS;
31 (2) develop and implement a policy whereby a
32 statewide or regional alert would be used in situations
33 relating to the disappearances of individuals, based on
34 criteria and in a format established by the Department.
-36- LRB9101118DHmgA
1 Such a format shall include, but not be limited to, the
2 age of the missing person and the suspected circumstance
3 of the disappearance;
4 (3) notify all law enforcement agencies that
5 reports of missing persons shall be entered as soon as
6 the minimum level of data specified by the Department is
7 available to the reporting agency, and that no waiting
8 period for the entry of such data exists;
9 (4) compile and retain information regarding lost,
10 abducted, missing or runaway minors in a separate data
11 file, in a manner that allows such information to be used
12 by law enforcement and other agencies deemed appropriate
13 by the Director, for investigative purposes. Such
14 information shall include the disposition of all reported
15 lost, abducted, missing or runaway minor cases;
16 (5) compile and maintain an historic data
17 repository relating to lost, abducted, missing or runaway
18 minors and other missing persons in order to develop and
19 improve techniques utilized by law enforcement agencies
20 when responding to reports of missing persons; and
21 (6) create a quality control program regarding
22 confirmation of missing person data, timeliness of
23 entries of missing person reports into LEADS and
24 performance audits of all entering agencies.
25 25. On request of a school board or regional
26 superintendent of schools, to conduct an inquiry pursuant to
27 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
28 an applicant for employment in a school district has been
29 convicted of any criminal or drug offenses enumerated in
30 Section 10-21.9 or 34-18.5 of the School Code. The
31 Department shall furnish such conviction information to the
32 President of the school board of the school district which
33 has requested the information, or if the information was
34 requested by the regional superintendent to that regional
-37- LRB9101118DHmgA
1 superintendent.
2 26. To promulgate rules and regulations necessary for
3 the administration and enforcement of its powers and duties,
4 wherever granted and imposed, pursuant to the Illinois
5 Administrative Procedure Act.
6 27. To (a) promulgate rules pertaining to the
7 certification, revocation of certification and training of
8 law enforcement officers as electronic criminal surveillance
9 officers, (b) provide training and technical assistance to
10 State's Attorneys and local law enforcement agencies
11 pertaining to the interception of private oral
12 communications, (c) promulgate rules necessary for the
13 administration of Article 108B of the Code of Criminal
14 Procedure of 1963, including but not limited to standards for
15 recording and minimization of electronic criminal
16 surveillance intercepts, documentation required to be
17 maintained during an intercept, procedures in relation to
18 evidence developed by an intercept, and (d) charge a
19 reasonable fee to each law enforcement agency that sends
20 officers to receive training as electronic criminal
21 surveillance officers.
22 28. Upon the request of any private organization which
23 devotes a major portion of its time to the provision of
24 recreational, social, educational or child safety services to
25 children, to conduct, pursuant to positive identification,
26 criminal background investigations of all of that
27 organization's current employees, current volunteers,
28 prospective employees or prospective volunteers charged with
29 the care and custody of children during the provision of the
30 organization's services, and to report to the requesting
31 organization any record of convictions maintained in the
32 Department's files about such persons. The Department shall
33 charge an application fee, based on actual costs, for the
34 dissemination of conviction information pursuant to this
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1 subsection. The Department is empowered to establish this
2 fee and shall prescribe the form and manner for requesting
3 and furnishing conviction information pursuant to this
4 subsection. Information received by the organization from the
5 Department concerning an individual shall be provided to such
6 individual. Any such information obtained by the
7 organization shall be confidential and may not be transmitted
8 outside the organization and may not be transmitted to anyone
9 within the organization except as needed for the purpose of
10 evaluating the individual. Only information and standards
11 which bear a reasonable and rational relation to the
12 performance of child care shall be used by the organization.
13 Any employee of the Department or any member, employee or
14 volunteer of the organization receiving confidential
15 information under this subsection who gives or causes to be
16 given any confidential information concerning any criminal
17 convictions of an individual shall be guilty of a Class A
18 misdemeanor unless release of such information is authorized
19 by this subsection.
20 29. Upon the request of the Department of Children and
21 Family Services, to investigate reports of child abuse or
22 neglect.
23 30. To obtain registration of a fictitious vital record
24 pursuant to Section 15.1 of the Vital Records Act.
25 31. To collect and disseminate information relating to
26 "hate crimes" as defined under Section 12-7.1 of the Criminal
27 Code of 1961 contingent upon the availability of State or
28 Federal funds to revise and upgrade the Illinois Uniform
29 Crime Reporting System. All law enforcement agencies shall
30 report monthly to the Department of State Police concerning
31 such offenses in such form and in such manner as may be
32 prescribed by rules and regulations adopted by the Department
33 of State Police. Such information shall be compiled by the
34 Department and be disseminated upon request to any local law
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1 enforcement agency, unit of local government, or state
2 agency. Dissemination of such information shall be subject
3 to all confidentiality requirements otherwise imposed by law.
4 The Department of State Police shall provide training for
5 State Police officers in identifying, responding to, and
6 reporting all hate crimes. The Illinois Law Enforcement
7 Training Standards Board shall develop and certify a course
8 of such training to be made available to local law
9 enforcement officers.
10 32. Upon the request of a private carrier company that
11 provides transportation under Section 28b of the Metropolitan
12 Transit Authority Act, to ascertain if an applicant for a
13 driver position has been convicted of any criminal or drug
14 offense enumerated in Section 28b of the Metropolitan Transit
15 Authority Act. The Department shall furnish the conviction
16 information to the private carrier company that requested the
17 information.
18 33. To apply for grants or contracts, receive, expend,
19 allocate, or disburse funds and moneys made available by
20 public or private entities, including, but not limited to,
21 contracts, bequests, grants, or receiving equipment from
22 corporations, foundations, or public or private institutions
23 of higher learning. All funds received by the Department
24 from these sources shall be deposited into the appropriate
25 fund in the State Treasury to be appropriated to the
26 Department for purposes as indicated by the grantor or
27 contractor or, in the case of funds or moneys bequeathed or
28 granted for no specific purpose, for any purpose as deemed
29 appropriate by the Director in administering the
30 responsibilities of the Department.
31 34. Upon the request of the Department of Children and
32 Family Services, the Department of State Police shall provide
33 properly designated employees of the Department of Children
34 and Family Services with criminal history record information
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1 as defined in the Illinois Uniform Conviction Information Act
2 and information maintained in the Statewide Central Juvenile
3 record system as defined in subdivision (A)19 of this Section
4 if the Department of Children and Family Services determines
5 the information is necessary to perform its duties under the
6 Abused and Neglected Child Reporting Act, the Child Care Act
7 of 1969, and the Children and Family Services Act. The
8 request shall be in the form and manner specified by the
9 Department of State Police.
10 35. The Illinois Department of Public Aid is an
11 authorized entity under this Section for the purpose of
12 exchanging information, in the form and manner required by
13 the Department of State Police, obtaining access to various
14 data repositories available through LEADS, to facilitate the
15 location of individuals for establishing paternity, and
16 establishing, modifying, and enforcing child support
17 obligations, pursuant to the Illinois Public Aid Code and
18 Title IV, Part Section D of the Social Security Act. The
19 Department shall enter into an agreement with the Illinois
20 Department of Public Aid consistent with these purposes.
21 36. Upon request of the Department of Human Services, to
22 conduct an assessment and evaluation of sexually violent
23 persons as mandated by the Sexually Violent Persons
24 Commitment Act, the Department shall furnish criminal history
25 information maintained on the requested person. The request
26 shall be in the form and manner specified by the Department.
27 37. The Illinois Department of Public Aid is an
28 authorized entity under this Section for the purpose of
29 obtaining access to various data repositories available
30 through LEADS, to facilitate the location of individuals for
31 establishing paternity, and establishing, modifying, and
32 enforcing child support obligations, pursuant to the Illinois
33 Public Aid Code and Title IV, Part D of the Social Security
34 Act. The Department shall enter into an agreement with the
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1 Illinois Department of Public Aid consistent with these
2 purposes.
3 (B) The Department of State Police may establish and
4 maintain, within the Department of State Police, a Statewide
5 Organized Criminal Gang Database (SWORD) for the purpose of
6 tracking organized criminal gangs and their memberships.
7 Information in the database may include, but not be limited
8 to, the name, last known address, birth date, physical
9 descriptions (such as scars, marks, or tattoos), officer
10 safety information, organized gang affiliation, and entering
11 agency identifier. The Department may develop, in
12 consultation with the Criminal Justice Information Authority,
13 and in a form and manner prescribed by the Department, an
14 automated data exchange system to compile, to maintain, and
15 to make this information electronically available to
16 prosecutors and to other law enforcement agencies. The
17 information may be used by authorized agencies to combat the
18 operations of organized criminal gangs statewide.
19 (C) The Department of State Police may ascertain the
20 number of bilingual police officers and other personnel
21 needed to provide services in a language other than English
22 and may establish, under applicable personnel rules and
23 Department guidelines or through a collective bargaining
24 agreement, a bilingual pay supplement program.
25 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
26 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
27 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
28 10-6-98.)
29 (20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
30 Sec. 55a-1. The Department of State Police is divided
31 into the Illinois State Police Academy and 4 5 divisions: the
32 Division of Operations State Troopers, the Division of
33 Criminal Investigation, the Division of Forensic Services,
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1 the Division of Administration, and the Division of Internal
2 Investigation.
3 (Source: P.A. 90-130, eff. 1-1-98.)
4 (20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
5 Sec. 55a-2. The Division of Operations State Troopers
6 shall exercise the following functions and those in Section
7 55a-3:
8 1. to cooperate with federal and State authorities
9 requesting utilization of the Department's radio network
10 system under the the "Illinois Aeronautics Act", approved
11 July 24, 1945, as amended;
12 2. to exercise the rights, powers and duties of the
13 State Police under the State Police Act "An Act in relation
14 to the State Police", approved July 20, 1949, as amended;
15 3. to exercise the rights, powers and duties vested by
16 law in the Department by the State Police Radio Act "An Act
17 in relation to the establishment and operation of radio
18 broadcasting stations and the acquisition and installation of
19 radio receiving sets for police purposes", approved July 7,
20 1931, as amended;
21 4. to exercise the rights, powers and duties of the
22 Department vested by law in the Department and the Illinois
23 State Police by by "the Illinois Vehicle Code", approved
24 September 29, 1969, as amended;
25 5. to exercise other duties which have been or may be
26 vested by law in the Illinois State Police; and
27 6. to exercise other duties which may be assigned by the
28 Director in order to fulfill the responsibilities and to
29 achieve the purposes of the Department.
30 (Source: P.A. 84-25.)
31 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
32 Sec. 55a-3. (a) The Division of Operations Criminal
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1 Investigation shall exercise the following functions and
2 those in Section 55a-2:
3 1. to exercise the rights, powers and duties vested
4 by law in the Department by the Illinois Horse Racing Act
5 of 1975;
6 2. to investigate the origins, activities,
7 personnel and incidents of crime and enforce the criminal
8 laws of this State related thereto;
9 3. to enforce all laws regulating the production,
10 sale, prescribing, manufacturing, administering,
11 transporting, having in possession, dispensing,
12 delivering, distributing, or use of controlled substances
13 and cannabis;
14 4. to cooperate with the police of cities,
15 villages, and incorporated towns, and with the police
16 officers of any county in enforcing the laws of the State
17 and in making arrests and recovering property;
18 5. to apprehend and deliver up any person charged
19 in this State or any other State with treason, felony, or
20 other crime, who has fled from justice and is found in
21 this State;
22 6. to investigate recipients, providers and any
23 personnel involved in the administration of the Illinois
24 Public Aid Code who are suspected of any violation of
25 such Code pertaining to fraud in the administration,
26 receipt or provision of assistance and pertaining to any
27 violation of criminal law, and to exercise the functions
28 required under Section 55a-7 in the conduct of such
29 investigations;
30 7. to conduct such other investigations as may be
31 provided by law;
32 8. to exercise the powers and perform the duties
33 which have been vested in the Department of State Police
34 by the Sex Offender Registration Act and the Sex Offender
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1 and Child Murderer Community Notification Law and to
2 promulgate reasonable rules and regulations necessitated
3 thereby; and
4 9. to exercise other duties which may be assigned
5 by the Director in order to fulfill the responsibilities
6 and achieve the purposes of the Department.
7 (b) There is hereby established in the Division of
8 Operations Criminal Investigation the Office of Coordination
9 of Gang Prevention, hereafter referred to as the Office.
10 The Office shall consult with units of local government
11 and school districts to assist them in gang control
12 activities and to administer a system of grants to units of
13 local government and school districts which, upon
14 application, have demonstrated a workable plan to reduce gang
15 activity in their area. Such grants shall not include
16 reimbursement for personnel nor shall they exceed 75% of the
17 total request by any applicant, and may be calculated on a
18 proportional basis, determined by funds available to the
19 Department for this purpose. The Department shall have the
20 authority to promulgate appropriate rules and regulations to
21 administer this program.
22 Such office shall establish mobile units of trained
23 personnel to respond to gang activities.
24 Such office shall also consult with and use the services
25 of religious leaders and other celebrities to assist in gang
26 control activities.
27 The Office may sponsor seminars, conferences or any other
28 educational activity to assist communities in their gang
29 crime control activities.
30 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
31 eff. 6-1-96; 90-193, eff. 7-24-97.)
32 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
33 Sec. 55a-4. The Division of Forensic Services shall
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1 exercise the following functions:
2 1. to exercise the rights, powers and duties vested by
3 law in the Department by the Criminal Identification Act "An
4 Act in relation to criminal identification and
5 investigation", approved July 2, 1931, as amended;
6 2. to exercise the rights, powers and duties vested by
7 law in the Department by subsection (5) of Section 55a of
8 this Act;
9 3. to provide assistance to local law enforcement
10 agencies through training, management and consultant
11 services;
12 4. (Blank); to exercise the rights, powers and duties
13 vested by law in the Department by "An Act relating to the
14 acquisition, possession and transfer of firearms and firearm
15 ammunition and to provide a penalty for the violation thereof
16 and to make an appropriation in connection therewith",
17 approved August 3, 1967, as amended;
18 5. to exercise other duties which may be assigned by the
19 Director in order to fulfill the responsibilities and achieve
20 the purposes of the Department; and
21 6. to establish and operate a forensic science
22 laboratory system, including a forensic toxicological
23 laboratory service, for the purpose of testing specimens
24 submitted by coroners and other law enforcement officers in
25 their efforts to determine whether alcohol, drugs or
26 poisonous or other toxic substances have been involved in
27 deaths, accidents or illness. Forensic toxicological
28 laboratories shall be established in Springfield, Chicago and
29 elsewhere in the State as needed.
30 (Source: P.A. 90-130, eff. 1-1-98.)
31 (20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
32 Sec. 55a-5. The Division of Administration shall
33 exercise the following functions:
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1 1. to exercise the rights, powers and duties vested in
2 the Department by the Bureau of the Budget Act "An Act to
3 create a Bureau of the Budget and to define its powers and
4 duties and to make an appropriation", approved April 16,
5 1969, as amended;
6 2. to pursue research and the publication of studies
7 pertaining to local law enforcement activities;
8 3. to exercise the rights, powers and duties vested in
9 the Department by the "Personnel Code", approved July 18,
10 1955, as amended;
11 4. to operate an electronic data processing and computer
12 center for the storage and retrieval of data pertaining to
13 criminal activity;
14 5. to exercise the rights, powers and duties vested in
15 the former Division of State Troopers by Section 17 of the
16 State Police Act "An Act in relation to State Police",
17 approved July 20, 1949, as amended;
18 6. to exercise the rights, powers and duties vested in
19 the Department by the Fiscal Control and Internal Auditing
20 Act "An Act relating to internal auditing in State
21 government", approved August 11, 1967, as amended;
22 7. to exercise other duties which may be assigned by the
23 Director to fulfill the responsibilities and achieve the
24 purposes of the Department;.
25 8. to exercise the rights, powers, and duties vested in
26 the Department by the Firearm Owners Identification Card Act.
27
28 (Source: P.A. 84-25.)
29 (20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
30 Sec. 55a-7. The Department of State Police, through the
31 Division of Operations Criminal Investigation, shall
32 investigate recipients, providers and any personnel involved
33 in the administration of the Illinois Public Aid Code who are
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1 suspected of any violations of such Code pertaining to fraud
2 in the administration, receipt or provision of assistance
3 and pertaining to any violation of criminal law. The
4 Department shall, in addition to functions otherwise
5 authorized by State and Federal law, exercise the following
6 functions:
7 1. to initiate investigations of suspected cases of
8 public aid fraud; and
9 2. to investigate cases of public aid fraud.
10 (Source: P.A. 84-25.)
11 (20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
12 Sec. 55a-8. The Department of State Police shall:
13 (a) coordinate operate a State participation in a
14 national central repository for dental records of missing
15 persons and unidentified dead bodies;
16 (b) receive and file dental records submitted by county
17 medical examiners and coroners from unidentified dead bodies
18 and submitted by law enforcement agencies from persons
19 reported missing for more than 30 days;
20 (c) provide information from the file on possible
21 identifications resulting from the comparison of dental
22 records submitted with those records on file, to county
23 medical examiners, coroners, and law enforcement agencies;
24 and
25 (d) expunge the dental records of those missing persons
26 who are found, and expunge from the file the dental records
27 of missing persons who are positively identified as a result
28 of comparisons made with this file, the files maintained by
29 other states, territories, insular possessions of the United
30 States, or the United States.
31 (Source: P.A. 84-1308.)
32 Section 35. The Civil Administrative Code of Illinois is
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1 amended by changing Section 49.22 as follows:
2 (20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
3 Sec. 49.22. To administer, exercise and enforce the
4 rights, powers and duties presently vested in the Department
5 of State Police and the Division of Operations State Troopers
6 "Illinois Vehicle Inspection Law," in the Illinois
7 Commerce Commission, in the State Board of Education and in
8 the Secretary of State under laws relating to the safety
9 inspection of motor vehicles operated by common carriers, of
10 school buses, and motor vehicles used in the transportation
11 of school children and motor vehicles used in driver training
12 schools for hire licensed under Article IV of "The Illinois
13 Driver Licensing Law", or any other law relating to the
14 safety inspection of motor vehicles of the second division as
15 defined in "the Illinois Vehicle Code".
16 (Source: P.A. 84-25.)
17 Section 40. The State Finance Act is amended by changing
18 Section 8.3 as follows:
19 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
20 Sec. 8.3. Money in the road fund shall, if and when the
21 State of Illinois incurs any bonded indebtedness for the
22 construction of permanent highways, be set aside and used for
23 the purpose of paying and discharging annually the principal
24 and interest on that bonded indebtedness then due and
25 payable, and for no other purpose. The surplus, if any, in
26 the road fund after the payment of principal and interest on
27 that bonded indebtedness then annually due shall be used as
28 follows:
29 first--to pay the cost of administration of Chapters
30 2 through 10 of the Illinois Vehicle Code, except the
31 cost of administration of Articles I and II of Chapter 3
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1 of that Code; and
2 secondly--for expenses of the Department of
3 Transportation for construction, reconstruction,
4 improvement, repair, maintenance, operation, and
5 administration of highways in accordance with the
6 provisions of laws relating thereto, or for any purpose
7 related or incident to and connected therewith, including
8 the separation of grades of those highways with railroads
9 and with highways and including the payment of awards
10 made by the Industrial Commission under the terms of the
11 Workers' Compensation Act or Workers' Occupational
12 Diseases Act for injury or death of an employee of the
13 Division of Highways in the Department of Transportation;
14 or for the acquisition of land and the erection of
15 buildings for highway purposes, including the acquisition
16 of highway right-of-way or for investigations to
17 determine the reasonably anticipated future highway
18 needs; or for making of surveys, plans, specifications
19 and estimates for and in the construction and maintenance
20 of flight strips and of highways necessary to provide
21 access to military and naval reservations, to defense
22 industries and defense-industry sites, and to the sources
23 of raw materials and for replacing existing highways and
24 highway connections shut off from general public use at
25 military and naval reservations and defense-industry
26 sites, or for the purchase of right-of-way, except that
27 the State shall be reimbursed in full for any expense
28 incurred in building the flight strips; or for the
29 operating and maintaining of highway garages; or for
30 patrolling and policing the public highways and
31 conserving the peace; or for any of those purposes or any
32 other purpose that may be provided by law.
33 Appropriations for any of those purposes are payable from
34 the road fund. Appropriations may also be made from the road
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1 fund for the administrative expenses of any State agency that
2 are related to motor vehicles or arise from the use of motor
3 vehicles.
4 Beginning with fiscal year 1980 and thereafter, no road
5 fund monies shall be appropriated to the following
6 Departments or agencies of State government for
7 administration, grants, or operations; but this limitation is
8 not a restriction upon appropriating for those purposes any
9 road fund monies that are eligible for federal reimbursement;
10 1. Department of Public Health;
11 2. Department of Transportation, only with respect
12 to subsidies for one-half fare Student Transportation and
13 Reduced Fare for Elderly;
14 3. Department of Central Management Services,
15 except for expenditures incurred for group insurance
16 premiums of appropriate personnel;
17 4. Judicial Systems and Agencies.
18 Beginning with fiscal year 1981 and thereafter, no road
19 fund monies shall be appropriated to the following
20 Departments or agencies of State government for
21 administration, grants, or operations; but this limitation is
22 not a restriction upon appropriating for those purposes any
23 road fund monies that are eligible for federal reimbursement:
24 1. Department of State Police, except for
25 expenditures with respect to the Division of Operations
26 State Troopers;
27 2. Department of Transportation, only with respect
28 to Intercity Rail Subsidies and Rail Freight Services.
29 Beginning with fiscal year 1982 and thereafter, no road
30 fund monies shall be appropriated to the following
31 Departments or agencies of State government for
32 administration, grants, or operations; but this limitation is
33 not a restriction upon appropriating for those purposes any
34 road fund monies that are eligible for federal reimbursement:
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1 Department of Central Management Services, except for awards
2 made by the Industrial Commission under the terms of the
3 Workers' Compensation Act or Workers' Occupational Diseases
4 Act for injury or death of an employee of the Division of
5 Highways in the Department of Transportation.
6 Beginning with fiscal year 1984 and thereafter, no road
7 fund monies shall be appropriated to the following
8 Departments or agencies of State government for
9 administration, grants, or operations; but this limitation is
10 not a restriction upon appropriating for those purposes any
11 road fund monies that are eligible for federal reimbursement:
12 1. Department of State Police, except not more than
13 40% of the funds appropriated for the Division of
14 Operations State Troopers;
15 2. State Officers.
16 Beginning with fiscal year 1984 and thereafter, no road
17 fund monies shall be appropriated to any Department or agency
18 of State government for administration, grants, or operations
19 except as provided hereafter; but this limitation is not a
20 restriction upon appropriating for those purposes any road
21 fund monies that are eligible for federal reimbursement. It
22 shall not be lawful to circumvent the above appropriation
23 limitations by governmental reorganization or other methods.
24 Appropriations shall be made from the road fund only in
25 accordance with the provisions of this Section.
26 Money in the road fund shall, if and when the State of
27 Illinois incurs any bonded indebtedness for the construction
28 of permanent highways, be set aside and used for the purpose
29 of paying and discharging during each fiscal year the
30 principal and interest on that bonded indebtedness as it
31 becomes due and payable as provided in the Transportation
32 Bond Act, and for no other purpose. The surplus, if any, in
33 the road fund after the payment of principal and interest on
34 that bonded indebtedness then annually due shall be used as
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1 follows:
2 first--to pay the cost of administration of Chapters
3 2 through 10 of the Illinois Vehicle Code; and
4 secondly--no road fund monies derived from fees,
5 excises, or license taxes relating to registration,
6 operation and use of vehicles on public highways or to
7 fuels used for the propulsion of those vehicles, shall be
8 appropriated or expended other than for costs of
9 administering the laws imposing those fees, excises, and
10 license taxes, statutory refunds and adjustments allowed
11 thereunder, administrative costs of the Department of
12 Transportation, payment of debts and liabilities incurred
13 in construction and reconstruction of public highways and
14 bridges, acquisition of rights-of-way for and the cost of
15 construction, reconstruction, maintenance, repair, and
16 operation of public highways and bridges under the
17 direction and supervision of the State, political
18 subdivision, or municipality collecting those monies, and
19 the costs for patrolling and policing the public highways
20 (by State, political subdivision, or municipality
21 collecting that money) for enforcement of traffic laws.
22 The separation of grades of such highways with railroads
23 and costs associated with protection of at-grade highway
24 and railroad crossing shall also be permissible.
25 Appropriations for any of such purposes are payable from
26 the road fund or the Grade Crossing Protection Fund as
27 provided in Section 8 of the Motor Fuel Tax Law.
28 Beginning with fiscal year 1991 and thereafter, no Road
29 Fund monies shall be appropriated to the Department of State
30 Police for the purposes of this Section in excess of its
31 total fiscal year 1990 Road Fund appropriations for those
32 purposes unless otherwise provided in Section 5g of this Act.
33 It shall not be lawful to circumvent this limitation on
34 appropriations by governmental reorganization or other
-53- LRB9101118DHmgA
1 methods unless otherwise provided in Section 5g of this Act.
2 In fiscal year 1994, no Road Fund monies shall be
3 appropriated to the Secretary of State for the purposes of
4 this Section in excess of the total fiscal year 1991 Road
5 Fund appropriations to the Secretary of State for those
6 purposes, plus $9,800,000. It shall not be lawful to
7 circumvent this limitation on appropriations by governmental
8 reorganization or other method.
9 Beginning with fiscal year 1995 and thereafter, no Road
10 Fund monies shall be appropriated to the Secretary of State
11 for the purposes of this Section in excess of the total
12 fiscal year 1994 Road Fund appropriations to the Secretary of
13 State for those purposes. It shall not be lawful to
14 circumvent this limitation on appropriations by governmental
15 reorganization or other methods.
16 No new program may be initiated in fiscal year 1991 and
17 thereafter that is not consistent with the limitations
18 imposed by this Section for fiscal year 1984 and thereafter,
19 insofar as appropriation of road fund monies is concerned.
20 Nothing in this Section prohibits transfers from the Road
21 Fund to the State Construction Account Fund under Section 5e
22 of this Act.
23 (Source: P.A. 87-774; 87-1228; 88-78.)
24 Section 45. The Anti-Pollution Bond Act is amended by
25 changing Section 4a as follows:
26 (30 ILCS 405/4a) (from Ch. 127, par. 454a)
27 Sec. 4a. The Environmental Protection Agency shall
28 distribute grants, subject to appropriation by the General
29 Assembly, and in accordance with Section 4 of this Act and in
30 accordance with a list of health hazards formulated by the
31 Department of Public Health, for planning, financing and
32 construction of municipal sewage treatment works in areas
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1 where an actual or potential severe health hazard exists
2 because of a lack of adequate municipal sewage treatment
3 works.
4 By October 1 of each year, the Director of the Department
5 of Public Health shall comprise and submit to the Director of
6 the Environmental Protection Agency a list of areas in this
7 State where a health hazard exists because of inadequate
8 sewage treatment facilities. The Director of Public Health
9 shall rank the areas listed according to the seriousness of
10 the health hazard.
11 (Source: P.A. 81-1111.)
12 Section 50. The Illinois Pension Code is amended by
13 changing Sections 14-110 and 15-181 as follows:
14 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
15 Sec. 14-110. Alternative retirement annuity.
16 (a) Any member who has withdrawn from service with not
17 less than 20 years of eligible creditable service and has
18 attained age 55, and any member who has withdrawn from
19 service with not less than 25 years of eligible creditable
20 service and has attained age 50, regardless of whether the
21 attainment of either of the specified ages occurs while the
22 member is still in service, shall be entitled to receive at
23 the option of the member, in lieu of the regular or minimum
24 retirement annuity, a retirement annuity computed as
25 follows:
26 (i) for periods of service as a noncovered
27 employee, 2 1/4% of final average compensation for each
28 of the first 10 years of creditable service, 2 1/2% for
29 each year above 10 years to and including 20 years of
30 creditable service, and 2 3/4% for each year of
31 creditable service above 20 years; and
32 (ii) for periods of eligible creditable service as
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1 a covered employee, 1.67% of final average compensation
2 for each of the first 10 years of such service, 1.90% for
3 each of the next 10 years of such service, 2.10% for each
4 year of such service in excess of 20 but not exceeding
5 30, and 2.30% for each year in excess of 30.
6 Such annuity shall be subject to a maximum of 75% of
7 final average compensation. These rates shall not be
8 applicable to any service performed by a member as a covered
9 employee which is not eligible creditable service. Service
10 as a covered employee which is not eligible creditable
11 service shall be subject to the rates and provisions of
12 Section 14-108.
13 (b) For the purpose of this Section, "eligible
14 creditable service" means creditable service resulting from
15 service in one or more of the following positions:
16 (1) State policeman;
17 (2) fire fighter in the fire protection service of
18 a department;
19 (3) air pilot;
20 (4) special agent;
21 (5) investigator for the Secretary of State;
22 (6) conservation police officer;
23 (7) investigator for the Department of Revenue;
24 (8) security employee of the Department of Human
25 Services;
26 (9) Central Management Services security police
27 officer;
28 (10) security employee of the Department of
29 Corrections;
30 (11) dangerous drugs investigator;
31 (12) investigator for the Department of State
32 Police;
33 (13) investigator for the Office of the Attorney
34 General;
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1 (14) controlled substance inspector;
2 (15) investigator for the Office of the State's
3 Attorneys Appellate Prosecutor;
4 (16) Commerce Commission police officer;
5 (17) arson investigator.
6 A person employed in one of the positions specified in
7 this subsection is entitled to eligible creditable service
8 for service credit earned under this Article while undergoing
9 the basic police training course approved by the Illinois
10 Local Governmental Law Enforcement Officers Training
11 Standards Board, if completion of that training is required
12 of persons serving in that position. For the purposes of
13 this Code, service during the required basic police training
14 course shall be deemed performance of the duties of the
15 specified position, even though the person is not a sworn
16 peace officer at the time of the training.
17 (c) For the purposes of this Section:
18 (1) The term "state policeman" includes any title
19 or position in the Department of State Police that is
20 held by an individual employed under the State Police
21 Act.
22 (2) The term "fire fighter in the fire protection
23 service of a department" includes all officers in such
24 fire protection service including fire chiefs and
25 assistant fire chiefs.
26 (3) The term "air pilot" includes any employee
27 whose official job description on file in the Department
28 of Central Management Services, or in the department by
29 which he is employed if that department is not covered by
30 the Personnel Code, states that his principal duty is the
31 operation of aircraft, and who possesses a pilot's
32 license; however, the change in this definition made by
33 this amendatory Act of 1983 shall not operate to exclude
34 any noncovered employee who was an "air pilot" for the
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1 purposes of this Section on January 1, 1984.
2 (4) The term "special agent" means any person who
3 by reason of employment by the Division of Narcotic
4 Control, the Bureau of Investigation or, after July 1,
5 1977, the Division of Criminal Investigation, the
6 Division of Internal Investigation, the Division of
7 Operation, or any other Division or organizational entity
8 in the Department of State Police is vested by law with
9 duties to maintain public order, investigate violations
10 of the criminal law of this State, enforce the laws of
11 this State, make arrests and recover property. The term
12 "special agent" includes any title or position in the
13 Department of State Police that is held by an individual
14 employed under the State Police Act.
15 (5) The term "investigator for the Secretary of
16 State" means any person employed by the Office of the
17 Secretary of State and vested with such investigative
18 duties as render him ineligible for coverage under the
19 Social Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 A person who became employed as an investigator for
22 the Secretary of State between January 1, 1967 and
23 December 31, 1975, and who has served as such until
24 attainment of age 60, either continuously or with a
25 single break in service of not more than 3 years
26 duration, which break terminated before January 1, 1976,
27 shall be entitled to have his retirement annuity
28 calculated in accordance with subsection (a),
29 notwithstanding that he has less than 20 years of credit
30 for such service.
31 (6) The term "Conservation Police Officer" means
32 any person employed by the Division of Law Enforcement of
33 the Department of Natural Resources and vested with such
34 law enforcement duties as render him ineligible for
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1 coverage under the Social Security Act by reason of
2 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
3 that Act. The term "Conservation Police Officer"
4 includes the positions of Chief Conservation Police
5 Administrator and Assistant Conservation Police
6 Administrator.
7 (7) The term "investigator for the Department of
8 Revenue" means any person employed by the Department of
9 Revenue and vested with such investigative duties as
10 render him ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 (8) The term "security employee of the Department
14 of Human Services" means any person employed by the
15 Department of Human Services who is employed at the
16 Chester Mental Health Center and has daily contact with
17 the residents thereof, or who is a mental health police
18 officer. "Mental health police officer" means any person
19 employed by the Department of Human Services in a
20 position pertaining to the Department's mental health and
21 developmental disabilities functions who is vested with
22 such law enforcement duties as render the person
23 ineligible for coverage under the Social Security Act by
24 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25 218(l)(1) of that Act.
26 (9) "Central Management Services security police
27 officer" means any person employed by the Department of
28 Central Management Services who is vested with such law
29 enforcement duties as render him ineligible for coverage
30 under the Social Security Act by reason of Sections
31 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32 (10) The term "security employee of the Department
33 of Corrections" means any employee of the Department of
34 Corrections or the former Department of Personnel, and
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1 any member or employee of the Prisoner Review Board, who
2 has daily contact with inmates by working within a
3 correctional facility or who is a parole officer or an
4 employee who has direct contact with committed persons in
5 the performance of his or her job duties.
6 (11) The term "dangerous drugs investigator" means
7 any person who is employed as such by the Department of
8 Human Services.
9 (12) The term "investigator for the Department of
10 State Police" means a person employed by the Department
11 of State Police who is vested under Section 4 of the
12 Narcotic Control Division Abolition Act with such law
13 enforcement powers as render him ineligible for coverage
14 under the Social Security Act by reason of Sections
15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
16 (13) "Investigator for the Office of the Attorney
17 General" means any person who is employed as such by the
18 Office of the Attorney General and is vested with such
19 investigative duties as render him ineligible for
20 coverage under the Social Security Act by reason of
21 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
22 Act. For the period before January 1, 1989, the term
23 includes all persons who were employed as investigators
24 by the Office of the Attorney General, without regard to
25 social security status.
26 (14) "Controlled substance inspector" means any
27 person who is employed as such by the Department of
28 Professional Regulation and is vested with such law
29 enforcement duties as render him ineligible for coverage
30 under the Social Security Act by reason of Sections
31 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32 The term "controlled substance inspector" includes the
33 Program Executive of Enforcement and the Assistant
34 Program Executive of Enforcement.
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1 (15) The term "investigator for the Office of the
2 State's Attorneys Appellate Prosecutor" means a person
3 employed in that capacity on a full time basis under the
4 authority of Section 7.06 of the State's Attorneys
5 Appellate Prosecutor's Act.
6 (16) "Commerce Commission police officer" means any
7 person employed by the Illinois Commerce Commission who
8 is vested with such law enforcement duties as render him
9 ineligible for coverage under the Social Security Act by
10 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11 218(l)(1) of that Act.
12 (17) "Arson investigator" means any person who is
13 employed as such by the Office of the State Fire Marshal
14 and is vested with such law enforcement duties as render
15 the person ineligible for coverage under the Social
16 Security Act by reason of Sections 218(d)(5)(A),
17 218(d)(8)(D), and 218(l)(1) of that Act. A person who
18 was employed as an arson investigator on January 1, 1995
19 and is no longer in service but not yet receiving a
20 retirement annuity may convert his or her creditable
21 service for employment as an arson investigator into
22 eligible creditable service by paying to the System the
23 difference between the employee contributions actually
24 paid for that service and the amounts that would have
25 been contributed if the applicant were contributing at
26 the rate applicable to persons with the same social
27 security status earning eligible creditable service on
28 the date of application.
29 (d) A security employee of the Department of
30 Corrections, and a security employee of the Department of
31 Human Services who is not a mental health police officer,
32 shall not be eligible for the alternative retirement annuity
33 provided by this Section unless he or she meets the following
34 minimum age and service requirements at the time of
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1 retirement:
2 (i) 25 years of eligible creditable service and age
3 55; or
4 (ii) beginning January 1, 1987, 25 years of
5 eligible creditable service and age 54, or 24 years of
6 eligible creditable service and age 55; or
7 (iii) beginning January 1, 1988, 25 years of
8 eligible creditable service and age 53, or 23 years of
9 eligible creditable service and age 55; or
10 (iv) beginning January 1, 1989, 25 years of
11 eligible creditable service and age 52, or 22 years of
12 eligible creditable service and age 55; or
13 (v) beginning January 1, 1990, 25 years of eligible
14 creditable service and age 51, or 21 years of eligible
15 creditable service and age 55; or
16 (vi) beginning January 1, 1991, 25 years of
17 eligible creditable service and age 50, or 20 years of
18 eligible creditable service and age 55.
19 Persons who have service credit under Article 16 of this
20 Code for service as a security employee of the Department of
21 Corrections in a position requiring certification as a
22 teacher may count such service toward establishing their
23 eligibility under the service requirements of this Section;
24 but such service may be used only for establishing such
25 eligibility, and not for the purpose of increasing or
26 calculating any benefit.
27 (e) If a member enters military service while working in
28 a position in which eligible creditable service may be
29 earned, and returns to State service in the same or another
30 such position, and fulfills in all other respects the
31 conditions prescribed in this Article for credit for military
32 service, such military service shall be credited as eligible
33 creditable service for the purposes of the retirement annuity
34 prescribed in this Section.
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1 (f) For purposes of calculating retirement annuities
2 under this Section, periods of service rendered after
3 December 31, 1968 and before October 1, 1975 as a covered
4 employee in the position of special agent, conservation
5 police officer, mental health police officer, or investigator
6 for the Secretary of State, shall be deemed to have been
7 service as a noncovered employee, provided that the employee
8 pays to the System prior to retirement an amount equal to (1)
9 the difference between the employee contributions that would
10 have been required for such service as a noncovered employee,
11 and the amount of employee contributions actually paid, plus
12 (2) if payment is made after July 31, 1987, regular interest
13 on the amount specified in item (1) from the date of service
14 to the date of payment.
15 For purposes of calculating retirement annuities under
16 this Section, periods of service rendered after December 31,
17 1968 and before January 1, 1982 as a covered employee in the
18 position of investigator for the Department of Revenue shall
19 be deemed to have been service as a noncovered employee,
20 provided that the employee pays to the System prior to
21 retirement an amount equal to (1) the difference between the
22 employee contributions that would have been required for such
23 service as a noncovered employee, and the amount of employee
24 contributions actually paid, plus (2) if payment is made
25 after January 1, 1990, regular interest on the amount
26 specified in item (1) from the date of service to the date of
27 payment.
28 (g) A State policeman may elect, not later than January
29 1, 1990, to establish eligible creditable service for up to
30 10 years of his service as a policeman under Article 3, by
31 filing a written election with the Board, accompanied by
32 payment of an amount to be determined by the Board, equal to
33 (i) the difference between the amount of employee and
34 employer contributions transferred to the System under
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1 Section 3-110.5, and the amounts that would have been
2 contributed had such contributions been made at the rates
3 applicable to State policemen, plus (ii) interest thereon at
4 the effective rate for each year, compounded annually, from
5 the date of service to the date of payment.
6 Subject to the limitation in subsection (i), a State
7 policeman may elect, not later than July 1, 1993, to
8 establish eligible creditable service for up to 10 years of
9 his service as a member of the County Police Department under
10 Article 9, by filing a written election with the Board,
11 accompanied by payment of an amount to be determined by the
12 Board, equal to (i) the difference between the amount of
13 employee and employer contributions transferred to the System
14 under Section 9-121.10 and the amounts that would have been
15 contributed had those contributions been made at the rates
16 applicable to State policemen, plus (ii) interest thereon at
17 the effective rate for each year, compounded annually, from
18 the date of service to the date of payment.
19 (h) Subject to the limitation in subsection (i), a State
20 policeman or investigator for the Secretary of State may
21 elect to establish eligible creditable service for up to 12
22 years of his service as a policeman under Article 5, by
23 filing a written election with the Board on or before January
24 31, 1992, and paying to the System by January 31, 1994 an
25 amount to be determined by the Board, equal to (i) the
26 difference between the amount of employee and employer
27 contributions transferred to the System under Section 5-236,
28 and the amounts that would have been contributed had such
29 contributions been made at the rates applicable to State
30 policemen, plus (ii) interest thereon at the effective rate
31 for each year, compounded annually, from the date of service
32 to the date of payment.
33 Subject to the limitation in subsection (i), a State
34 policeman, conservation police officer, or investigator for
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1 the Secretary of State may elect to establish eligible
2 creditable service for up to 10 years of service as a
3 sheriff's law enforcement employee under Article 7, by filing
4 a written election with the Board on or before January 31,
5 1993, and paying to the System by January 31, 1994 an amount
6 to be determined by the Board, equal to (i) the difference
7 between the amount of employee and employer contributions
8 transferred to the System under Section 7-139.7, and the
9 amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (ii) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (i) The total amount of eligible creditable service
15 established by any person under subsections (g), (h), (j),
16 (k), and (l) of this Section shall not exceed 12 years.
17 (j) Subject to the limitation in subsection (i), an
18 investigator for the Office of the State's Attorneys
19 Appellate Prosecutor or a controlled substance inspector may
20 elect to establish eligible creditable service for up to 10
21 years of his service as a policeman under Article 3 or a
22 sheriff's law enforcement employee under Article 7, by filing
23 a written election with the Board, accompanied by payment of
24 an amount to be determined by the Board, equal to (1) the
25 difference between the amount of employee and employer
26 contributions transferred to the System under Section 3-110.6
27 or 7-139.8, and the amounts that would have been contributed
28 had such contributions been made at the rates applicable to
29 State policemen, plus (2) interest thereon at the effective
30 rate for each year, compounded annually, from the date of
31 service to the date of payment.
32 (k) Subject to the limitation in subsection (i) of this
33 Section, an alternative formula employee may elect to
34 establish eligible creditable service for periods spent as a
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1 full-time law enforcement officer or full-time corrections
2 officer employed by the federal government or by a state or
3 local government located outside of Illinois, for which
4 credit is not held in any other public employee pension fund
5 or retirement system. To obtain this credit, the applicant
6 must file a written application with the Board by March 31,
7 1998, accompanied by evidence of eligibility acceptable to
8 the Board and payment of an amount to be determined by the
9 Board, equal to (1) employee contributions for the credit
10 being established, based upon the applicant's salary on the
11 first day as an alternative formula employee after the
12 employment for which credit is being established and the
13 rates then applicable to alternative formula employees, plus
14 (2) an amount determined by the Board to be the employer's
15 normal cost of the benefits accrued for the credit being
16 established, plus (3) regular interest on the amounts in
17 items (1) and (2) from the first day as an alternative
18 formula employee after the employment for which credit is
19 being established to the date of payment.
20 (l) Subject to the limitation in subsection (i), a
21 security employee of the Department of Corrections may elect,
22 not later than July 1, 1998, to establish eligible creditable
23 service for up to 10 years of his or her service as a
24 policeman under Article 3, by filing a written election with
25 the Board, accompanied by payment of an amount to be
26 determined by the Board, equal to (i) the difference between
27 the amount of employee and employer contributions transferred
28 to the System under Section 3-110.5, and the amounts that
29 would have been contributed had such contributions been made
30 at the rates applicable to security employees of the
31 Department of Corrections, plus (ii) interest thereon at the
32 effective rate for each year, compounded annually, from the
33 date of service to the date of payment.
34 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
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1 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
2 (40 ILCS 5/15-181) (from Ch. 108 1/2, par. 15-181)
3 Sec. 15-181. Duties of employers.
4 (a) Each employer, in preparing payroll vouchers for
5 participating employees, shall indicate, in addition to other
6 information: (1) the amount of employee contributions and
7 survivors insurance contributions required under Section
8 15-157, (2) the gross earnings payable to each employee, and
9 (3) the total of all contributions required under Section
10 15-157. An additional certified copy of each payroll
11 certified by each employer shall be forwarded along with the
12 original payroll to the Director of Central Management
13 Services, State Comptroller, and other officer receiving the
14 original certified payroll for transmittal to the board.
15 (b) Each employer, in drawing warrants or checks against
16 trust or federal funds for items of salary on payroll
17 vouchers certified by employers, shall draw such warrants or
18 checks to participating employees for the amount of cash
19 salary or wages specified for the period, and shall draw a
20 warrant or check to this system for the total of the
21 contributions required under Section 15-157. The warrant or
22 check drawn to this system, together with the additional copy
23 of the payroll supplied by the employer, shall be transmitted
24 immediately to the board.
25 (c) The City of Champaign and the City of Urbana, as
26 employers of persons who participate in this System pursuant
27 to subsection (h) of Section 15-107, shall each collect and
28 transmit to the System from each payroll the employee
29 contributions required under Section 15-157, together with
30 such payroll documentation as the Board may require, at the
31 time that the payroll is paid.
32 (Source: P.A. 90-576, eff. 3-31-98.)
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1 Section 55. The School Code is amended by changing
2 Section 27-9 as follows:
3 (105 ILCS 5/27-9) (from Ch. 122, par. 27-9)
4 Sec. 27-9. Training teachers to teach physical education.
5 The curriculum in all State universities shall contain
6 courses in methods and materials of physical education and
7 training for teachers. No student or elementary school
8 teacher shall be graduated from such a university who has not
9 had a minimum of 1 course in methods and materials in the
10 teaching of physical education and training.
11 (Source: Laws 1961, p. 31.)
12 Section 60. The Higher Education Student Assistance Act
13 is amended by adding Section 73 as follows:
14 (110 ILCS 947/73 new)
15 Sec. 73. Search service fees. The Illinois Student
16 Assistance Commission may charge a reasonable fee not
17 exceeding $10 for any student for administration of its
18 scholarship and grant search service. All fees received by
19 the Commission for the performance of those services and
20 activities shall be deposited upon receipt into the Illinois
21 Student Assistance Commission Higher EdNet Fund in the State
22 Treasury.
23 Section 65. The Recycled Newsprint Use Act is amended by
24 changing Section 2004 as follows:
25 (415 ILCS 110/2004) (from Ch. 96 1/2, par. 9754)
26 Sec. 2004. Consumer usage certification. Each consumer
27 of newsprint within the State shall, on or before March 1 of
28 each year, certify to the Department the amount in tons of
29 every type of newsprint used by the consumer of newsprint the
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1 previous year and the percentage of recycled fibers present
2 in each type of newsprint, so that the Department can
3 calculate the recycled fiber usage for that consumer of
4 newsprint. All Illinois consumers of newsprint shall submit
5 the first consumer usage certificate by March 1, 1992, for
6 the calendar year 1991. The Department shall submit to the
7 General Assembly a report compiling the data contained in the
8 consumer usage certificates no later than May 1 of each year.
9 The
18 monies appropriated to the Department shall be used for
19 expenses consistent with carrying out the purpose and intent
20 of the program, which include council expenses, peer review,
21 and contracts grants to persons for research or education
22 projects and costs associated with general operating
23 expenses, such as administrative support, travel,
24 commodities, and printing. The Department shall receive be
25 entitled to apply up to 3% of the annual amount deposited in
26 the Fertilizer Control Fund for operating expenses.
27 (Source: P.A. 86-232; 87-14.)
28 Section 75. The Whistleblower Reward and Protection Act
29 is amended by changing Section 2 as follows:
30 (740 ILCS 175/2) (from Ch. 127, par. 4102)
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1 Sec. 2. Definitions. As used in this Act:
2 (a) "State" means the State of Illinois; any agency of
3 State government; and any of the following entities which may
4 elect to adopt the provisions of this Act by ordinance or
5 resolution, a copy of which shall be filed with the Attorney
6 General within 30 days of its adoption: the system of State
7 colleges and universities, any school district, any public
8 community college district, any municipality, municipal
9 corporations, units of local government, and any combination
10 of the above under an intergovernmental agreement that
11 includes provisions for a governing body of the agency
12 created by the agreement.
13 (b) "Guard" means the Illinois National Guard.
14 (c) "Investigation" means any inquiry conducted by any
15 investigator for the purpose of ascertaining whether any
16 person is or has been engaged in any violation of this Act.
17 (d) "Investigator" means a person who is charged by the
18 Department of State Police with the duty of conducting any
19 investigation under this Act, or any officer or employee of
20 the State acting under the direction and supervision of the
21 Department of State Police, through the Division of
22 Operations Criminal Investigation or the Division of Internal
23 Investigation, in the course of with an investigation.
24 (e) "Documentary material" includes the original or any
25 copy of any book, record, report, memorandum, paper,
26 communication, tabulation, chart, or other document, or data
27 compilations stored in or accessible through computer or
28 other information retrieval systems, together with
29 instructions and all other materials necessary to use or
30 interpret such data compilations, and any product of
31 discovery.
32 (f) "Custodian" means the custodian, or any deputy
33 custodian, designated by the Attorney General under
34 subsection (i)(1) of Section 6.
-70- LRB9101118DHmgA
1 (g) "Product of discovery" includes:
2 (1) the original or duplicate of any deposition,
3 interrogatory, document, thing, result of the inspection
4 of land or other property, examination, or admission,
5 which is obtained by any method of discovery in any
6 judicial or administrative proceeding of an adversarial
7 nature;
8 (2) any digest, analysis, selection, compilation,
9 or derivation of any item listed in paragraph (1); and
10 (3) any index or other manner of access to any item
11 listed in paragraph (1).
12 (Source: P.A. 89-260, eff. 1-1-96.)
13 (20 ILCS 2310/55.20 rep.)
14 (20 ILCS 2310/55.36 rep.)
15 (20 ILCS 2310/55.73 rep.)
16 Section 80. The Civil Administrative Code of Illinois is
17 amended by repealing Sections 55.20, 55.36, and 55.73.
18 (110 ILCS 915/9 rep.)
19 Section 85. The Baccalaureate Assistance Law for
20 Registered Nurses is amended by repealing Section 9.
21 (110 ILCS 925/4.03b rep.)
22 Section 90. The Dental Student Grant Act is amended by
23 repealing Section 4.03b.
24 (210 ILCS 85/6.05 rep.)
25 (210 ILCS 85/9.1 rep.)
26 Section 95. The Hospital Licensing Act is amended by
27 repealing Sections 6.05 and 9.1.
28 Section 995. No acceleration or delay. Where this Act
29 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 999. Effective date. This Act takes effect
7 January 1, 2000.
-72- LRB9101118DHmgA
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 105/8.01 from Ch. 23, par. 6108.01
4 20 ILCS 605/46.37 from Ch. 127, par. 46.37
5 20 ILCS 609/2
6 20 ILCS 1110/6 from Ch. 96 1/2, par. 4106
7 20 ILCS 2405/3 from Ch. 23, par. 3434
8 20 ILCS 2605/55a from Ch. 127, par. 55a
9 20 ILCS 2605/55a-1 from Ch. 127, par. 55a-1
10 20 ILCS 2605/55a-2 from Ch. 127, par. 55a-2
11 20 ILCS 2605/55a-3 from Ch. 127, par. 55a-3
12 20 ILCS 2605/55a-4 from Ch. 127, par. 55a-4
13 20 ILCS 2605/55a-5 from Ch. 127, par. 55a-5
14 20 ILCS 2605/55a-7 from Ch. 127, par. 55a-7
15 20 ILCS 2605/55a-8 from Ch. 127, par. 55a-8
16 20 ILCS 2705/49.22 from Ch. 127, par. 49.22
17 30 ILCS 105/8.3 from Ch. 127, par. 144.3
18 30 ILCS 405/4a from Ch. 127, par. 454a
19 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
20 40 ILCS 5/15-181 from Ch. 108 1/2, par. 15-181
21 105 ILCS 5/27-9 from Ch. 122, par. 27-9
22 110 ILCS 947/73 new
23 415 ILCS 110/2004 from Ch. 96 1/2, par. 9754
24 505 ILCS 80/6b from Ch. 5, par. 55.6b
25 740 ILCS 175/2 from Ch. 127, par. 4102
26 20 ILCS 2310/55.20 rep.
27 20 ILCS 2310/55.36 rep.
28 20 ILCS 2310/55.73 rep.
29 110 ILCS 915/9 rep.
30 110 ILCS 925/4.03b rep.
31 210 ILCS 85/6.05 rep.
32 210 ILCS 85/9.1 rep.
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