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91_SB0283eng
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1 AN ACT to conform State statutes to existing State
2 practice.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Act on the Aging is amended by
6 changing Section 8.01 as follows:
7 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
8 Sec. 8.01. Coordinating Committee; members. The
9 Coordinating Committee of State Agencies Serving Older
10 Persons shall consist of the Director of the Department on
11 Aging as Chairman, the State Superintendent of Education, the
12 Secretary of Human Services, the Secretary of Transportation,
13 and the Directors of the following Departments or agencies:
14 Labor; Veterans' Affairs; Public Health; Public Aid; Children
15 and Family Services; Commerce and Community Affairs;
16 Insurance; Revenue; Illinois Housing Development Authority;
17 and Comprehensive State Health Planning; or their designees.
18 (Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97;
19 90-609, eff. 6-30-98.)
20 Section 10. The Civil Administrative Code of Illinois is
21 amended by changing Section 46.37 as follows:
22 (20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
23 Sec. 46.37. The Department shall provide for a central
24 clearing house for information concerning local government
25 problems and various solutions to those problems and shall
26 assist and aid local governments of the State in matters
27 relating to budgets, fiscal procedures and administration. In
28 performing this responsibility the Department shall have the
29 power and duty to:
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1 (a) Maintain communication with all local governments
2 and assist them, at their request, to improve their
3 administrative procedures and to facilitate improved local
4 government and development;
5 (b) Assemble and disseminate information concerning
6 State and Federal programs, grants, gifts, and subsidies
7 available to local governments and to provide counsel and
8 technical services and other assistance in applying for such
9 programs, grants, gifts and subsidies;
10 (c) Assist in coordinating activities by obtaining
11 information, on forms provided by the Department or by
12 receipt of proposals and applications, concerning State and
13 Federal assisted programs, grants, gifts, and subsidies
14 applied for and received by all local governments;
15 (d) Provide direct consultative services to local
16 governments upon request and provide staff services to
17 special commissions, the Governor, the General Assembly or
18 its committees;
19 (e) Render advice and assistance with respect to the
20 establishment and maintenance of programs for the training of
21 local government officials and other personnel, including
22 programs of intergovernmental exchange of personnel;
23 (f) To act as the official State agency for the receipt
24 and distribution of federal funds which are or may be
25 provided to the State on a flat grant basis for distribution
26 to local governments or in the event federal law requires a
27 State agency to implement programs affecting local
28 governments and for State funds which are or may be provided
29 for the use of local governments unless otherwise provided by
30 law;
31 (g) To administer such laws relating to local government
32 affairs as the General Assembly may direct;
33 (h) Provide all advice and assistance to improve local
34 government administration, to insure the economical and
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1 efficient provision of local government services, and to make
2 this Act effective;
3 (i) Give advice and counsel on fiscal problems of local
4 governments of the State to such local governments;
5 (j) Prepare uniform budgetary forms for use by the local
6 governments of the State;
7 (k) Assist and advise the local governments of the State
8 in matters pertaining to budgets, appropriation requests and
9 ordinances, the determination of property tax levies and
10 rates, and other matters of a financial nature;
11 (l) Be a repository for financial reports and statements
12 required by law of local governments of the State and publish
13 financial summaries thereof;
14 (m) (Blank) At the request of local governments, provide
15 assistance in preparing bond issues, review bonding
16 proposals, and assist in marketing bonds, and provide by
17 January 1, 1985, model forms for the disclosure of all
18 information of significance to potential purchasers of long
19 or short term debt of local governments and all information
20 required to be disclosed in connection with the sale of long
21 or short term debt by local governments;
22 (n) Prepare proposals and advise on the investment of
23 idle local government funds;
24 (o) Administer the program of grants, loans and loan
25 guarantees under the federal Public Works and Economic
26 Development Act of 1965, as amended, 42 U.S.C. 3121 et seq.,
27 and to receive and disburse State and federal funds provided
28 for that program and moneys received as repayments of loans
29 made under the program;
30 (p) After January 1, 1985, upon the request of local
31 governments, to prepare and provide model financial statement
32 forms designed to communicate to taxpayers, service
33 consumers, voters, government employees and news media, in a
34 non-technical manner, all significant financial information
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1 regarding a particular local government, and to prepare and
2 provide to local governments a summary of local governments'
3 obligations concerning the adoption of an annual operating
4 budget which summary shall be set forth in a non-technical
5 manner and shall be designed principally for distribution to,
6 and the use of, taxpayers, service consumers, voters,
7 government employees and news media.
8 (Source: P.A. 83-1362.)
9 Section 15. The Center for Business Ownership Succession
10 and Employee Ownership Act is amended by changing Section 2
11 as follows:
12 (20 ILCS 609/2)
13 Sec. 2. Center for Business Ownership Succession and
14 Employee Ownership.
15 (a) There is created within the Department of Commerce
16 and Community Affairs the Center for Business Ownership
17 Succession and Employee Ownership.
18 The purpose of the Center is to foster greater awareness
19 of the most effective techniques that facilitate business
20 ownership succession and employee ownership with an emphasis
21 on the retention and creation of job opportunities.
22 (b) The Center shall have the authority to do the
23 following:
24 (1) Develop and disseminate materials to promote
25 effective business ownership succession and employee
26 ownership strategies.
27 (2) Provide counseling to individual companies and
28 referral services to provide professional advisors expert
29 in the field of business ownership succession and
30 employee ownership.
31 (3) Plan, organize, sponsor, or conduct conferences
32 and workshops on business ownership succession and
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1 employee ownership issues.
2 (4) Network and contract with local economic
3 development agencies, business organizations, and
4 professional advisors to accomplish the goals of the
5 Center.
6 (5) Raise money from private sources to support the
7 work of the Center.
8 (c) (Blank) The work of the Center shall be supported
9 and guided by an Advisory Task Force on Business Ownership
10 Succession and Employee Ownership. The Task Force shall
11 consist of individuals from the private and public sectors,
12 at least two-thirds of whom shall be from the private sector.
13 The members and the Task Force chairperson shall be chosen by
14 the Governor.
15 (Source: P.A. 89-364, eff. 8-18-95.)
16 Section 20. The Illinois Coal and Energy Development
17 Bond Act is amended by changing Section 6 as follows:
18 (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106)
19 Sec. 6. The Department of Commerce and Community Affairs
20 is authorized to use $120,000,000 for the purposes specified
21 in this Act. These funds shall be expended only on projects
22 for which previous approval of the Illinois Energy Resources
23 Commission has been granted or for a grant to the owner of a
24 generating station located in Illinois and having at least
25 three coal-fired generating units with accredited summer
26 capacity greater than 500 megawatts each at such generating
27 station as specifically authorized by this paragraph.
28 Notwithstanding any of the other provisions of this Act, in
29 considering the approval of projects to be funded under this
30 Act, the Department of Commerce and Community Affairs and the
31 Illinois Energy Resources Commission shall give special
32 consideration to projects which are designed to remove sulfur
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1 and other pollutants in the preparation and utilization of
2 coal, and in the use and operation of electric utility
3 generating plants and industrial facilities which utilize
4 Illinois coal as their primary source of fuel. The
5 Department of Commerce and Community Affairs is directed to
6 enter into a contract with the owner of a generating station
7 located in Illinois and having at least three coal-fired
8 generating units with accredited summer capability greater
9 than 500 megawatts each at such generating station for a
10 grant of $35,000,000 to be made by the State of Illinois to
11 such owner to be used to pay costs of designing, acquiring,
12 constructing, installing and testing facilities to reduce
13 sulfur dioxide emissions at one such generating unit to allow
14 that unit to meet the requirements of the Federal Clean Air
15 Act Amendments of 1990 (P.L. 101-549) while continuing to use
16 coal mined in Illinois as its source of fuel.
17 (Source: P.A. 89-445, eff. 2-7-96.)
18 Section 25. The Disabled Persons Rehabilitation Act is
19 amended by changing Section 3 as follows:
20 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
21 Sec. 3. Powers and duties. The Department shall have the
22 powers and duties enumerated herein:
23 (a) To co-operate with the federal government in the
24 administration of the provisions of the federal
25 Rehabilitation Act of 1973, as amended, and of the federal
26 Social Security Act to the extent and in the manner provided
27 in these Acts.
28 (b) To prescribe and supervise such courses of
29 vocational training and provide such other services as may be
30 necessary for the habilitation and rehabilitation of persons
31 with one or more disabilities, including the administrative
32 activities under subsection (e) of this Section, and to
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1 co-operate with State and local school authorities and other
2 recognized agencies engaged in habilitation, rehabilitation
3 and comprehensive rehabilitation services; and to cooperate
4 with the Department of Children and Family Services regarding
5 the care and education of children with one or more
6 disabilities.
7 (c) To make such reports and submit such plans to the
8 federal government as are required by the provisions of the
9 federal Rehabilitation Act of 1973, as amended, and by the
10 rules and regulations of the federal agency or agencies
11 administering the federal Rehabilitation Act of 1973, as
12 amended, and the federal Social Security Act.
13 (d) To report in writing, to the Governor, annually on
14 or before the first day of December, and at such other times
15 and in such manner and upon such subjects as the Governor may
16 require. The annual report shall contain (1) a statement of
17 the existing condition of comprehensive rehabilitation
18 services, habilitation and rehabilitation in the State; (2) a
19 statement of suggestions and recommendations with reference
20 to the development of comprehensive rehabilitation services,
21 habilitation and rehabilitation in the State; and (3) an
22 itemized statement of the amounts of money received from
23 federal, State and other sources, and of the objects and
24 purposes to which the respective items of these several
25 amounts have been devoted.
26 (e) To exercise, pursuant to Section 13 of this Act,
27 executive and administrative supervision over all
28 institutions, divisions, programs and services now existing
29 or hereafter acquired or created under the jurisdiction of
30 the Department, including, but not limited to, the following:
31 The Illinois School for the Visually Impaired at
32 Jacksonville, as provided under Section 10 of this Act,
33 The Illinois School for the Deaf at Jacksonville, as
34 provided under Section 10 of this Act, and
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1 The Illinois Center for Rehabilitation and Education, as
2 provided under Section 11 of this Act.
3 (f) To establish a program of services to prevent
4 unnecessary institutionalization of persons with Alzheimer's
5 disease and related disorders or persons in need of long term
6 care who are established as blind or disabled as defined by
7 the Social Security Act, thereby enabling them to remain in
8 their own homes or other living arrangements. Such preventive
9 services may include, but are not limited to, any or all of
10 the following:
11 (1) home health services;
12 (2) home nursing services;
13 (3) homemaker services;
14 (4) chore and housekeeping services;
15 (5) day care services;
16 (6) home-delivered meals;
17 (7) education in self-care;
18 (8) personal care services;
19 (9) adult day health services;
20 (10) habilitation services;
21 (11) respite care; or
22 (12) other nonmedical social services that may
23 enable the person to become self-supporting.
24 The Department shall establish eligibility standards for
25 such services taking into consideration the unique economic
26 and social needs of the population for whom they are to be
27 provided. Such eligibility standards may be based on the
28 recipient's ability to pay for services; provided, however,
29 that any portion of a person's income that is equal to or
30 less than the "protected income" level shall not be
31 considered by the Department in determining eligibility. The
32 "protected income" level shall be determined by the
33 Department, shall never be less than the federal poverty
34 standard, and shall be adjusted each year to reflect changes
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1 in the Consumer Price Index For All Urban Consumers as
2 determined by the United States Department of Labor.
3 Additionally, in determining the amount and nature of
4 services for which a person may qualify, consideration shall
5 not be given to the value of cash, property or other assets
6 held in the name of the person's spouse pursuant to a written
7 agreement dividing marital property into equal but separate
8 shares or pursuant to a transfer of the person's interest in
9 a home to his spouse, provided that the spouse's share of the
10 marital property is not made available to the person seeking
11 such services.
12 The services shall be provided to eligible persons to
13 prevent unnecessary or premature institutionalization, to the
14 extent that the cost of the services, together with the other
15 personal maintenance expenses of the persons, are reasonably
16 related to the standards established for care in a group
17 facility appropriate to their condition. These
18 non-institutional services, pilot projects or experimental
19 facilities may be provided as part of or in addition to those
20 authorized by federal law or those funded and administered by
21 the Illinois Department on Aging.
22 Personal care attendants shall be paid:
23 (i) A $5 per hour minimum rate beginning July 1,
24 1995.
25 (ii) A $5.30 per hour minimum rate beginning July
26 1, 1997.
27 (iii) A $5.40 per hour minimum rate beginning July
28 1, 1998.
29 The Department shall execute, relative to the nursing
30 home prescreening project, as authorized by Section 4.03 of
31 the Illinois Act on the Aging, written inter-agency
32 agreements with the Department on Aging and the Department of
33 Public Aid, to effect the following: (i) intake procedures
34 and common eligibility criteria for those persons who are
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1 receiving non-institutional services; and (ii) the
2 establishment and development of non-institutional services
3 in areas of the State where they are not currently available
4 or are undeveloped. On and after July 1, 1996, all nursing
5 home prescreenings for individuals 18 through 59 years of age
6 shall be conducted by the Department.
7 The Department is authorized to establish a system of
8 recipient cost-sharing for services provided under this
9 Section. The cost-sharing shall be based upon the
10 recipient's ability to pay for services, but in no case shall
11 the recipient's share exceed the actual cost of the services
12 provided. Protected income shall not be considered by the
13 Department in its determination of the recipient's ability to
14 pay a share of the cost of services. The level of
15 cost-sharing shall be adjusted each year to reflect changes
16 in the "protected income" level. The Department shall deduct
17 from the recipient's share of the cost of services any money
18 expended by the recipient for disability-related expenses.
19 The Department, or the Department's authorized
20 representative, shall recover the amount of moneys expended
21 for services provided to or in behalf of a person under this
22 Section by a claim against the person's estate or against the
23 estate of the person's surviving spouse, but no recovery may
24 be had until after the death of the surviving spouse, if any,
25 and then only at such time when there is no surviving child
26 who is under age 21, blind, or permanently and totally
27 disabled. This paragraph, however, shall not bar recovery,
28 at the death of the person, of moneys for services provided
29 to the person or in behalf of the person under this Section
30 to which the person was not entitled; provided that such
31 recovery shall not be enforced against any real estate while
32 it is occupied as a homestead by the surviving spouse or
33 other dependent, if no claims by other creditors have been
34 filed against the estate, or, if such claims have been filed,
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1 they remain dormant for failure of prosecution or failure of
2 the claimant to compel administration of the estate for the
3 purpose of payment. This paragraph shall not bar recovery
4 from the estate of a spouse, under Sections 1915 and 1924 of
5 the Social Security Act and Section 5-4 of the Illinois
6 Public Aid Code, who precedes a person receiving services
7 under this Section in death. All moneys for services paid to
8 or in behalf of the person under this Section shall be
9 claimed for recovery from the deceased spouse's estate.
10 "Homestead", as used in this paragraph, means the dwelling
11 house and contiguous real estate occupied by a surviving
12 spouse or relative, as defined by the rules and regulations
13 of the Illinois Department of Public Aid, regardless of the
14 value of the property.
15 The Department and the Department on Aging shall
16 cooperate in the development and submission of an annual
17 report on programs and services provided under this Section.
18 Such joint report shall be filed with the Governor and the
19 General Assembly on or before March September 30 each year.
20 The requirement for reporting to the General Assembly
21 shall be satisfied by filing copies of the report with the
22 Speaker, the Minority Leader and the Clerk of the House of
23 Representatives and the President, the Minority Leader and
24 the Secretary of the Senate and the Legislative Research
25 Unit, as required by Section 3.1 of the General Assembly
26 Organization Act, and filing additional copies with the State
27 Government Report Distribution Center for the General
28 Assembly as required under paragraph (t) of Section 7 of the
29 State Library Act.
30 (g) To establish such subdivisions of the Department as
31 shall be desirable and assign to the various subdivisions the
32 responsibilities and duties placed upon the Department by
33 law.
34 (h) To cooperate and enter into any necessary agreements
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1 with the Department of Employment Security for the provision
2 of job placement and job referral services to clients of the
3 Department, including job service registration of such
4 clients with Illinois Employment Security offices and making
5 job listings maintained by the Department of Employment
6 Security available to such clients.
7 (i) To possess all powers reasonable and necessary for
8 the exercise and administration of the powers, duties and
9 responsibilities of the Department which are provided for by
10 law.
11 (j) To establish a procedure whereby new providers of
12 personal care attendant services shall submit vouchers to the
13 State for payment two times during their first month of
14 employment and one time per month thereafter. In no case
15 shall the Department pay personal care attendants an hourly
16 wage that is less than the federal minimum wage.
17 (k) To provide adequate notice to providers of chore and
18 housekeeping services informing them that they are entitled
19 to an interest payment on bills which are not promptly paid
20 pursuant to Section 3 of the State Prompt Payment Act.
21 (l) To establish, operate and maintain a Statewide
22 Housing Clearinghouse of information on available, government
23 subsidized housing accessible to disabled persons and
24 available privately owned housing accessible to disabled
25 persons. The information shall include but not be limited to
26 the location, rental requirements, access features and
27 proximity to public transportation of available housing. The
28 Clearinghouse shall consist of at least a computerized
29 database for the storage and retrieval of information and a
30 separate or shared toll free telephone number for use by
31 those seeking information from the Clearinghouse. Department
32 offices and personnel throughout the State shall also assist
33 in the operation of the Statewide Housing Clearinghouse.
34 Cooperation with local, State and federal housing managers
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1 shall be sought and extended in order to frequently and
2 promptly update the Clearinghouse's information.
3 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95;
4 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
5 Section 30. The Civil Administrative Code of Illinois is
6 amended by changing Sections 55a, 55a-1, 55a-2, 55a-3, 55a-4,
7 55a-5, 55a-7, and 55a-8 as follows:
8 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
9 (Text of Section before amendment by P.A. 90-590)
10 Sec. 55a. Powers and duties.
11 (A) The Department of State Police shall have the
12 following powers and duties, and those set forth in Sections
13 55a-1 through 55c:
14 1. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Act.
17 2. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the State
19 Police Radio Act.
20 3. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Criminal Identification Act.
23 4. To (a) investigate the origins, activities, personnel
24 and incidents of crime and the ways and means to redress the
25 victims of crimes, and study the impact, if any, of
26 legislation relative to the effusion of crime and growing
27 crime rates, and enforce the criminal laws of this State
28 related thereto, (b) enforce all laws regulating the
29 production, sale, prescribing, manufacturing, administering,
30 transporting, having in possession, dispensing, delivering,
31 distributing, or use of controlled substances and cannabis,
32 (c) employ skilled experts, scientists, technicians,
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1 investigators or otherwise specially qualified persons to aid
2 in preventing or detecting crime, apprehending criminals, or
3 preparing and presenting evidence of violations of the
4 criminal laws of the State, (d) cooperate with the police of
5 cities, villages and incorporated towns, and with the police
6 officers of any county, in enforcing the laws of the State
7 and in making arrests and recovering property, (e) apprehend
8 and deliver up any person charged in this State or any other
9 State of the United States with treason, felony, or other
10 crime, who has fled from justice and is found in this State,
11 and (f) conduct such other investigations as may be provided
12 by law. Persons exercising these powers within the Department
13 are conservators of the peace and as such have all the powers
14 possessed by policemen in cities and sheriffs, except that
15 they may exercise such powers anywhere in the State in
16 cooperation with and after contact with the local law
17 enforcement officials. Such persons may use false or
18 fictitious names in the performance of their duties under
19 this paragraph, upon approval of the Director, and shall not
20 be subject to prosecution under the criminal laws for such
21 use.
22 5. To: (a) be a central repository and custodian of
23 criminal statistics for the State, (b) be a central
24 repository for criminal history record information, (c)
25 procure and file for record such information as is necessary
26 and helpful to plan programs of crime prevention, law
27 enforcement and criminal justice, (d) procure and file for
28 record such copies of fingerprints, as may be required by
29 law, (e) establish general and field crime laboratories, (f)
30 register and file for record such information as may be
31 required by law for the issuance of firearm owner's
32 identification cards, (g) employ polygraph operators,
33 laboratory technicians and other specially qualified persons
34 to aid in the identification of criminal activity, and (h)
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1 undertake such other identification, information, laboratory,
2 statistical or registration activities as may be required by
3 law.
4 6. To (a) acquire and operate one or more radio
5 broadcasting stations in the State to be used for police
6 purposes, (b) operate a statewide communications network to
7 gather and disseminate information for law enforcement
8 agencies, (c) operate an electronic data processing and
9 computer center for the storage and retrieval of data
10 pertaining to criminal activity, and (d) undertake such other
11 communication activities as may be required by law.
12 7. To provide, as may be required by law, assistance to
13 local law enforcement agencies through (a) training,
14 management and consultant services for local law enforcement
15 agencies, and (b) the pursuit of research and the publication
16 of studies pertaining to local law enforcement activities.
17 8. To exercise the rights, powers and duties which have
18 been vested in the Department of State Police and the
19 Director of the Department of State Police by the Narcotic
20 Control Division Abolition Act.
21 9. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the
23 Illinois Vehicle Code.
24 10. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the Firearm
26 Owners Identification Card Act.
27 11. To enforce and administer such other laws in
28 relation to law enforcement as may be vested in the
29 Department.
30 12. To transfer jurisdiction of any realty title to
31 which is held by the State of Illinois under the control of
32 the Department to any other department of the State
33 government or to the State Employees Housing Commission, or
34 to acquire or accept Federal land, when such transfer,
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1 acquisition or acceptance is advantageous to the State and is
2 approved in writing by the Governor.
3 13. With the written approval of the Governor, to enter
4 into agreements with other departments created by this Act,
5 for the furlough of inmates of the penitentiary to such other
6 departments for their use in research programs being
7 conducted by them.
8 For the purpose of participating in such research
9 projects, the Department may extend the limits of any
10 inmate's place of confinement, when there is reasonable cause
11 to believe that the inmate will honor his or her trust by
12 authorizing the inmate, under prescribed conditions, to leave
13 the confines of the place unaccompanied by a custodial agent
14 of the Department. The Department shall make rules governing
15 the transfer of the inmate to the requesting other department
16 having the approved research project, and the return of such
17 inmate to the unextended confines of the penitentiary. Such
18 transfer shall be made only with the consent of the inmate.
19 The willful failure of a prisoner to remain within the
20 extended limits of his or her confinement or to return within
21 the time or manner prescribed to the place of confinement
22 designated by the Department in granting such extension shall
23 be deemed an escape from custody of the Department and
24 punishable as provided in Section 3-6-4 of the Unified Code
25 of Corrections.
26 14. To provide investigative services, with all of the
27 powers possessed by policemen in cities and sheriffs, in and
28 around all race tracks subject to the Horse Racing Act of
29 1975.
30 15. To expend such sums as the Director deems necessary
31 from Contractual Services appropriations for the Division of
32 Operations Criminal Investigation for the purchase of
33 evidence and for the employment of persons to obtain
34 evidence. Such sums shall be advanced to agents authorized by
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1 the Director to expend funds, on vouchers signed by the
2 Director.
3 16. To assist victims and witnesses in gang crime
4 prosecutions through the administration of funds appropriated
5 from the Gang Violence Victims and Witnesses Fund to the
6 Department. Such funds shall be appropriated to the
7 Department and shall only be used to assist victims and
8 witnesses in gang crime prosecutions and such assistance may
9 include any of the following:
10 (a) temporary living costs;
11 (b) moving expenses;
12 (c) closing costs on the sale of private residence;
13 (d) first month's rent;
14 (e) security deposits;
15 (f) apartment location assistance;
16 (g) other expenses which the Department considers
17 appropriate; and
18 (h) compensation for any loss of or injury to real
19 or personal property resulting from a gang crime to a
20 maximum of $5,000, subject to the following provisions:
21 (1) in the case of loss of property, the
22 amount of compensation shall be measured by the
23 replacement cost of similar or like property which
24 has been incurred by and which is substantiated by
25 the property owner,
26 (2) in the case of injury to property, the
27 amount of compensation shall be measured by the cost
28 of repair incurred and which can be substantiated by
29 the property owner,
30 (3) compensation under this provision is a
31 secondary source of compensation and shall be
32 reduced by any amount the property owner receives
33 from any other source as compensation for the loss
34 or injury, including, but not limited to, personal
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1 insurance coverage,
2 (4) no compensation may be awarded if the
3 property owner was an offender or an accomplice of
4 the offender, or if the award would unjustly benefit
5 the offender or offenders, or an accomplice of the
6 offender or offenders.
7 No victim or witness may receive such assistance if he or
8 she is not a part of or fails to fully cooperate in the
9 prosecution of gang crime members by law enforcement
10 authorities.
11 The Department shall promulgate any rules necessary for
12 the implementation of this amendatory Act of 1985.
13 17. To conduct arson investigations.
14 18. To develop a separate statewide statistical police
15 contact record keeping system for the study of juvenile
16 delinquency. The records of this police contact system shall
17 be limited to statistical information. No individually
18 identifiable information shall be maintained in the police
19 contact statistical record system.
20 19. To develop a separate statewide central adjudicatory
21 and dispositional records system for persons under 19 years
22 of age who have been adjudicated delinquent minors and to
23 make information available to local registered participating
24 police youth officers so that police youth officers will be
25 able to obtain rapid access to the juvenile's background from
26 other jurisdictions to the end that the police youth officers
27 can make appropriate dispositions which will best serve the
28 interest of the child and the community. Information
29 maintained in the adjudicatory and dispositional record
30 system shall be limited to the incidents or offenses for
31 which the minor was adjudicated delinquent by a court, and a
32 copy of the court's dispositional order. All individually
33 identifiable records in the adjudicatory and dispositional
34 records system shall be destroyed when the person reaches 19
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1 years of age.
2 20. To develop rules which guarantee the confidentiality
3 of such individually identifiable adjudicatory and
4 dispositional records except when used for the following:
5 (a) by authorized juvenile court personnel or the
6 State's Attorney in connection with proceedings under the
7 Juvenile Court Act of 1987; or
8 (b) inquiries from registered police youth
9 officers.
10 For the purposes of this Act "police youth officer" means
11 a member of a duly organized State, county or municipal
12 police force who is assigned by his or her Superintendent,
13 Sheriff or chief of police, as the case may be, to specialize
14 in youth problems.
15 21. To develop administrative rules and administrative
16 hearing procedures which allow a minor, his or her attorney,
17 and his or her parents or guardian access to individually
18 identifiable adjudicatory and dispositional records for the
19 purpose of determining or challenging the accuracy of the
20 records. Final administrative decisions shall be subject to
21 the provisions of the Administrative Review Law.
22 22. To charge, collect, and receive fees or moneys
23 equivalent to the cost of providing Department of State
24 Police personnel, equipment, and services to local
25 governmental agencies when explicitly requested by a local
26 governmental agency and pursuant to an intergovernmental
27 agreement as provided by this Section, other State agencies,
28 and federal agencies, including but not limited to fees or
29 moneys equivalent to the cost of providing dispatching
30 services, radio and radar repair, and training to local
31 governmental agencies on such terms and conditions as in the
32 judgment of the Director are in the best interest of the
33 State; and to establish, charge, collect and receive fees or
34 moneys based on the cost of providing responses to requests
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1 for criminal history record information pursuant to positive
2 identification and any Illinois or federal law authorizing
3 access to some aspect of such information and to prescribe
4 the form and manner for requesting and furnishing such
5 information to the requestor on such terms and conditions as
6 in the judgment of the Director are in the best interest of
7 the State, provided fees for requesting and furnishing
8 criminal history record information may be waived for
9 requests in the due administration of the criminal laws. The
10 Department may also charge, collect and receive fees or
11 moneys equivalent to the cost of providing electronic data
12 processing lines or related telecommunication services to
13 local governments, but only when such services can be
14 provided by the Department at a cost less than that
15 experienced by said local governments through other means.
16 All services provided by the Department shall be conducted
17 pursuant to contracts in accordance with the
18 Intergovernmental Cooperation Act, and all telecommunication
19 services shall be provided pursuant to the provisions of
20 Section 67.18 of this Code.
21 All fees received by the Department of State Police under
22 this Act or the Illinois Uniform Conviction Information Act
23 shall be deposited in a special fund in the State Treasury to
24 be known as the State Police Services Fund. The money
25 deposited in the State Police Services Fund shall be
26 appropriated to the Department of State Police for expenses
27 of the Department of State Police.
28 Upon the completion of any audit of the Department of
29 State Police as prescribed by the Illinois State Auditing
30 Act, which audit includes an audit of the State Police
31 Services Fund, the Department of State Police shall make the
32 audit open to inspection by any interested person.
33 23. To exercise the powers and perform the duties which
34 have been vested in the Department of State Police by the
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1 Intergovernmental Missing Child Recovery Act of 1984, and to
2 establish reasonable rules and regulations necessitated
3 thereby.
4 24. (a) To establish and maintain a statewide Law
5 Enforcement Agencies Data System (LEADS) for the purpose of
6 providing electronic access by authorized entities to
7 criminal justice data repositories and effecting an immediate
8 law enforcement response to reports of missing persons,
9 including lost, missing or runaway minors. The Department
10 shall implement an automatic data exchange system to compile,
11 to maintain and to make available to other law enforcement
12 agencies for immediate dissemination data which can assist
13 appropriate agencies in recovering missing persons and
14 provide access by authorized entities to various data
15 repositories available through LEADS for criminal justice and
16 related purposes. To assist the Department in this effort,
17 funds may be appropriated from the LEADS Maintenance Fund.
18 (b) In exercising its duties under this subsection, the
19 Department shall:
20 (1) provide a uniform reporting format for the
21 entry of pertinent information regarding the report of a
22 missing person into LEADS;
23 (2) develop and implement a policy whereby a
24 statewide or regional alert would be used in situations
25 relating to the disappearances of individuals, based on
26 criteria and in a format established by the Department.
27 Such a format shall include, but not be limited to, the
28 age of the missing person and the suspected circumstance
29 of the disappearance;
30 (3) notify all law enforcement agencies that
31 reports of missing persons shall be entered as soon as
32 the minimum level of data specified by the Department is
33 available to the reporting agency, and that no waiting
34 period for the entry of such data exists;
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1 (4) compile and retain information regarding lost,
2 abducted, missing or runaway minors in a separate data
3 file, in a manner that allows such information to be used
4 by law enforcement and other agencies deemed appropriate
5 by the Director, for investigative purposes. Such
6 information shall include the disposition of all reported
7 lost, abducted, missing or runaway minor cases;
8 (5) compile and maintain an historic data
9 repository relating to lost, abducted, missing or runaway
10 minors and other missing persons in order to develop and
11 improve techniques utilized by law enforcement agencies
12 when responding to reports of missing persons; and
13 (6) create a quality control program regarding
14 confirmation of missing person data, timeliness of
15 entries of missing person reports into LEADS and
16 performance audits of all entering agencies.
17 25. On request of a school board or regional
18 superintendent of schools, to conduct an inquiry pursuant to
19 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
20 an applicant for employment in a school district has been
21 convicted of any criminal or drug offenses enumerated in
22 Section 10-21.9 or 34-18.5 of the School Code. The
23 Department shall furnish such conviction information to the
24 President of the school board of the school district which
25 has requested the information, or if the information was
26 requested by the regional superintendent to that regional
27 superintendent.
28 26. To promulgate rules and regulations necessary for
29 the administration and enforcement of its powers and duties,
30 wherever granted and imposed, pursuant to the Illinois
31 Administrative Procedure Act.
32 27. To (a) promulgate rules pertaining to the
33 certification, revocation of certification and training of
34 law enforcement officers as electronic criminal surveillance
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1 officers, (b) provide training and technical assistance to
2 State's Attorneys and local law enforcement agencies
3 pertaining to the interception of private oral
4 communications, (c) promulgate rules necessary for the
5 administration of Article 108B of the Code of Criminal
6 Procedure of 1963, including but not limited to standards for
7 recording and minimization of electronic criminal
8 surveillance intercepts, documentation required to be
9 maintained during an intercept, procedures in relation to
10 evidence developed by an intercept, and (d) charge a
11 reasonable fee to each law enforcement agency that sends
12 officers to receive training as electronic criminal
13 surveillance officers.
14 28. Upon the request of any private organization which
15 devotes a major portion of its time to the provision of
16 recreational, social, educational or child safety services to
17 children, to conduct, pursuant to positive identification,
18 criminal background investigations of all of that
19 organization's current employees, current volunteers,
20 prospective employees or prospective volunteers charged with
21 the care and custody of children during the provision of the
22 organization's services, and to report to the requesting
23 organization any record of convictions maintained in the
24 Department's files about such persons. The Department shall
25 charge an application fee, based on actual costs, for the
26 dissemination of conviction information pursuant to this
27 subsection. The Department is empowered to establish this
28 fee and shall prescribe the form and manner for requesting
29 and furnishing conviction information pursuant to this
30 subsection. Information received by the organization from the
31 Department concerning an individual shall be provided to such
32 individual. Any such information obtained by the
33 organization shall be confidential and may not be transmitted
34 outside the organization and may not be transmitted to anyone
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1 within the organization except as needed for the purpose of
2 evaluating the individual. Only information and standards
3 which bear a reasonable and rational relation to the
4 performance of child care shall be used by the organization.
5 Any employee of the Department or any member, employee or
6 volunteer of the organization receiving confidential
7 information under this subsection who gives or causes to be
8 given any confidential information concerning any criminal
9 convictions of an individual shall be guilty of a Class A
10 misdemeanor unless release of such information is authorized
11 by this subsection.
12 29. Upon the request of the Department of Children and
13 Family Services, to investigate reports of child abuse or
14 neglect.
15 30. To obtain registration of a fictitious vital record
16 pursuant to Section 15.1 of the Vital Records Act.
17 31. To collect and disseminate information relating to
18 "hate crimes" as defined under Section 12-7.1 of the Criminal
19 Code of 1961 contingent upon the availability of State or
20 Federal funds to revise and upgrade the Illinois Uniform
21 Crime Reporting System. All law enforcement agencies shall
22 report monthly to the Department of State Police concerning
23 such offenses in such form and in such manner as may be
24 prescribed by rules and regulations adopted by the Department
25 of State Police. Such information shall be compiled by the
26 Department and be disseminated upon request to any local law
27 enforcement agency, unit of local government, or state
28 agency. Dissemination of such information shall be subject
29 to all confidentiality requirements otherwise imposed by law.
30 The Department of State Police shall provide training for
31 State Police officers in identifying, responding to, and
32 reporting all hate crimes. The Illinois Local Governmental
33 Law Enforcement Officer's Training Standards Board shall
34 develop and certify a course of such training to be made
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1 available to local law enforcement officers.
2 32. Upon the request of a private carrier company that
3 provides transportation under Section 28b of the Metropolitan
4 Transit Authority Act, to ascertain if an applicant for a
5 driver position has been convicted of any criminal or drug
6 offense enumerated in Section 28b of the Metropolitan Transit
7 Authority Act. The Department shall furnish the conviction
8 information to the private carrier company that requested the
9 information.
10 33. To apply for grants or contracts, receive, expend,
11 allocate, or disburse funds and moneys made available by
12 public or private entities, including, but not limited to,
13 contracts, bequests, grants, or receiving equipment from
14 corporations, foundations, or public or private institutions
15 of higher learning. All funds received by the Department
16 from these sources shall be deposited into the appropriate
17 fund in the State Treasury to be appropriated to the
18 Department for purposes as indicated by the grantor or
19 contractor or, in the case of funds or moneys bequeathed or
20 granted for no specific purpose, for any purpose as deemed
21 appropriate by the Director in administering the
22 responsibilities of the Department.
23 34. Upon the request of the Department of Children and
24 Family Services, the Department of State Police shall provide
25 properly designated employees of the Department of Children
26 and Family Services with criminal history record information
27 as defined in the Illinois Uniform Conviction Information Act
28 and information maintained in the adjudicatory and
29 dispositional record system as defined in subdivision (A)19
30 of this Section if the Department of Children and Family
31 Services determines the information is necessary to perform
32 its duties under the Abused and Neglected Child Reporting
33 Act, the Child Care Act of 1969, and the Children and Family
34 Services Act. The request shall be in the form and manner
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1 specified by the Department of State Police.
2 35. The Illinois Department of Public Aid is an
3 authorized entity under this Section for the purpose of
4 obtaining access to various data repositories available
5 through LEADS, to facilitate the location of individuals for
6 establishing paternity, and establishing, modifying, and
7 enforcing child support obligations, pursuant to the Illinois
8 Public Aid Code and Title IV, Part D of the Social Security
9 Act. The Department shall enter into an agreement with the
10 Illinois Department of Public Aid consistent with these
11 purposes.
12 36. Upon request of the Department of Human Services, to
13 conduct an assessment and evaluation of sexually violent
14 persons as mandated by the Sexually Violent Persons
15 Commitment Act, the Department shall furnish criminal history
16 information maintained on the requested person. The request
17 shall be in the form and manner specified by the Department.
18 (B) The Department of State Police may establish and
19 maintain, within the Department of State Police, a Statewide
20 Organized Criminal Gang Database (SWORD) for the purpose of
21 tracking organized criminal gangs and their memberships.
22 Information in the database may include, but not be limited
23 to, the name, last known address, birth date, physical
24 descriptions (such as scars, marks, or tattoos), officer
25 safety information, organized gang affiliation, and entering
26 agency identifier. The Department may develop, in
27 consultation with the Criminal Justice Information Authority,
28 and in a form and manner prescribed by the Department, an
29 automated data exchange system to compile, to maintain, and
30 to make this information electronically available to
31 prosecutors and to other law enforcement agencies. The
32 information may be used by authorized agencies to combat the
33 operations of organized criminal gangs statewide.
34 (C) The Department of State Police may ascertain the
SB283 Engrossed -27- LRB9101118DHmgA
1 number of bilingual police officers and other personnel
2 needed to provide services in a language other than English
3 and may establish, under applicable personnel rules and
4 Department guidelines or through a collective bargaining
5 agreement, a bilingual pay supplement program.
6 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
7 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
8 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
9 (Text of Section after amendment by P.A. 90-590)
10 Sec. 55a. Powers and duties.
11 (A) The Department of State Police shall have the
12 following powers and duties, and those set forth in Sections
13 55a-1 through 55c:
14 1. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Act.
17 2. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the State
19 Police Radio Act.
20 3. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Criminal Identification Act.
23 4. To (a) investigate the origins, activities, personnel
24 and incidents of crime and the ways and means to redress the
25 victims of crimes, and study the impact, if any, of
26 legislation relative to the effusion of crime and growing
27 crime rates, and enforce the criminal laws of this State
28 related thereto, (b) enforce all laws regulating the
29 production, sale, prescribing, manufacturing, administering,
30 transporting, having in possession, dispensing, delivering,
31 distributing, or use of controlled substances and cannabis,
32 (c) employ skilled experts, scientists, technicians,
33 investigators or otherwise specially qualified persons to aid
34 in preventing or detecting crime, apprehending criminals, or
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1 preparing and presenting evidence of violations of the
2 criminal laws of the State, (d) cooperate with the police of
3 cities, villages and incorporated towns, and with the police
4 officers of any county, in enforcing the laws of the State
5 and in making arrests and recovering property, (e) apprehend
6 and deliver up any person charged in this State or any other
7 State of the United States with treason, felony, or other
8 crime, who has fled from justice and is found in this State,
9 and (f) conduct such other investigations as may be provided
10 by law. Persons exercising these powers within the Department
11 are conservators of the peace and as such have all the powers
12 possessed by policemen in cities and sheriffs, except that
13 they may exercise such powers anywhere in the State in
14 cooperation with and after contact with the local law
15 enforcement officials. Such persons may use false or
16 fictitious names in the performance of their duties under
17 this paragraph, upon approval of the Director, and shall not
18 be subject to prosecution under the criminal laws for such
19 use.
20 5. To: (a) be a central repository and custodian of
21 criminal statistics for the State, (b) be a central
22 repository for criminal history record information, (c)
23 procure and file for record such information as is necessary
24 and helpful to plan programs of crime prevention, law
25 enforcement and criminal justice, (d) procure and file for
26 record such copies of fingerprints, as may be required by
27 law, (e) establish general and field crime laboratories, (f)
28 register and file for record such information as may be
29 required by law for the issuance of firearm owner's
30 identification cards, (g) employ polygraph operators,
31 laboratory technicians and other specially qualified persons
32 to aid in the identification of criminal activity, and (h)
33 undertake such other identification, information, laboratory,
34 statistical or registration activities as may be required by
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1 law.
2 6. To (a) acquire and operate one or more radio
3 broadcasting stations in the State to be used for police
4 purposes, (b) operate a statewide communications network to
5 gather and disseminate information for law enforcement
6 agencies, (c) operate an electronic data processing and
7 computer center for the storage and retrieval of data
8 pertaining to criminal activity, and (d) undertake such other
9 communication activities as may be required by law.
10 7. To provide, as may be required by law, assistance to
11 local law enforcement agencies through (a) training,
12 management and consultant services for local law enforcement
13 agencies, and (b) the pursuit of research and the publication
14 of studies pertaining to local law enforcement activities.
15 8. To exercise the rights, powers and duties which have
16 been vested in the Department of State Police and the
17 Director of the Department of State Police by the Narcotic
18 Control Division Abolition Act.
19 9. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Illinois Vehicle Code.
22 10. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the Firearm
24 Owners Identification Card Act.
25 11. To enforce and administer such other laws in
26 relation to law enforcement as may be vested in the
27 Department.
28 12. To transfer jurisdiction of any realty title to
29 which is held by the State of Illinois under the control of
30 the Department to any other department of the State
31 government or to the State Employees Housing Commission, or
32 to acquire or accept Federal land, when such transfer,
33 acquisition or acceptance is advantageous to the State and is
34 approved in writing by the Governor.
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1 13. With the written approval of the Governor, to enter
2 into agreements with other departments created by this Act,
3 for the furlough of inmates of the penitentiary to such other
4 departments for their use in research programs being
5 conducted by them.
6 For the purpose of participating in such research
7 projects, the Department may extend the limits of any
8 inmate's place of confinement, when there is reasonable cause
9 to believe that the inmate will honor his or her trust by
10 authorizing the inmate, under prescribed conditions, to leave
11 the confines of the place unaccompanied by a custodial agent
12 of the Department. The Department shall make rules governing
13 the transfer of the inmate to the requesting other department
14 having the approved research project, and the return of such
15 inmate to the unextended confines of the penitentiary. Such
16 transfer shall be made only with the consent of the inmate.
17 The willful failure of a prisoner to remain within the
18 extended limits of his or her confinement or to return within
19 the time or manner prescribed to the place of confinement
20 designated by the Department in granting such extension shall
21 be deemed an escape from custody of the Department and
22 punishable as provided in Section 3-6-4 of the Unified Code
23 of Corrections.
24 14. To provide investigative services, with all of the
25 powers possessed by policemen in cities and sheriffs, in and
26 around all race tracks subject to the Horse Racing Act of
27 1975.
28 15. To expend such sums as the Director deems necessary
29 from Contractual Services appropriations for the Division of
30 Operations Criminal Investigation for the purchase of
31 evidence and for the employment of persons to obtain
32 evidence. Such sums shall be advanced to agents authorized by
33 the Director to expend funds, on vouchers signed by the
34 Director.
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1 16. To assist victims and witnesses in gang crime
2 prosecutions through the administration of funds appropriated
3 from the Gang Violence Victims and Witnesses Fund to the
4 Department. Such funds shall be appropriated to the
5 Department and shall only be used to assist victims and
6 witnesses in gang crime prosecutions and such assistance may
7 include any of the following:
8 (a) temporary living costs;
9 (b) moving expenses;
10 (c) closing costs on the sale of private residence;
11 (d) first month's rent;
12 (e) security deposits;
13 (f) apartment location assistance;
14 (g) other expenses which the Department considers
15 appropriate; and
16 (h) compensation for any loss of or injury to real
17 or personal property resulting from a gang crime to a
18 maximum of $5,000, subject to the following provisions:
19 (1) in the case of loss of property, the
20 amount of compensation shall be measured by the
21 replacement cost of similar or like property which
22 has been incurred by and which is substantiated by
23 the property owner,
24 (2) in the case of injury to property, the
25 amount of compensation shall be measured by the cost
26 of repair incurred and which can be substantiated by
27 the property owner,
28 (3) compensation under this provision is a
29 secondary source of compensation and shall be
30 reduced by any amount the property owner receives
31 from any other source as compensation for the loss
32 or injury, including, but not limited to, personal
33 insurance coverage,
34 (4) no compensation may be awarded if the
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1 property owner was an offender or an accomplice of
2 the offender, or if the award would unjustly benefit
3 the offender or offenders, or an accomplice of the
4 offender or offenders.
5 No victim or witness may receive such assistance if he or
6 she is not a part of or fails to fully cooperate in the
7 prosecution of gang crime members by law enforcement
8 authorities.
9 The Department shall promulgate any rules necessary for
10 the implementation of this amendatory Act of 1985.
11 17. To conduct arson investigations.
12 18. To develop a separate statewide statistical police
13 contact record keeping system for the study of juvenile
14 delinquency. The records of this police contact system shall
15 be limited to statistical information. No individually
16 identifiable information shall be maintained in the police
17 contact statistical record system.
18 19. To develop a separate statewide central juvenile
19 records system for persons arrested prior to the age of 17
20 under Section 5-401 of the Juvenile Court Act of 1987 or
21 adjudicated delinquent minors and to make information
22 available to local law enforcement officers so that law
23 enforcement officers will be able to obtain rapid access to
24 the background of the minor from other jurisdictions to the
25 end that the juvenile police officers can make appropriate
26 decisions which will best serve the interest of the child and
27 the community. The Department shall submit a quarterly
28 report to the General Assembly and Governor which shall
29 contain the number of juvenile records that the Department
30 has received in that quarter and, a list, by category, of
31 offenses that minors were arrested for or convicted of by
32 age, race and gender.
33 20. To develop rules which guarantee the confidentiality
34 of such individually identifiable juvenile records except to
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1 juvenile authorities who request information concerning the
2 minor and who certify in writing that the information will
3 not be disclosed to any other party except as provided under
4 law or order of court. For purposes of this Section,
5 "juvenile authorities" means: (i) a judge of the circuit
6 court and members of the staff of the court designated by the
7 judge; (ii) parties to the proceedings under the Juvenile
8 Court Act of 1987 and their attorneys; (iii) probation
9 officers and court appointed advocates for the juvenile
10 authorized by the judge hearing the case; (iv) any individual
11 or, public or of private agency having custody of the child
12 pursuant to court order; (v) any individual or, public or
13 private agency providing education, medical or mental health
14 service to the child when the requested information is needed
15 to determine the appropriate service or treatment for the
16 minor; (vi) any potential placement provider when such
17 release is authorized by the court for the limited purpose of
18 determining the appropriateness of the potential placement;
19 (vii) law enforcement officers and prosecutors; (viii) adult
20 and juvenile prisoner review boards; (ix) authorized military
21 personnel; (x) individuals authorized by court; (xi) the
22 Illinois General Assembly or any committee or commission
23 thereof.
24 21. To develop administrative rules and administrative
25 hearing procedures which allow a minor, his or her attorney,
26 and his or her parents or guardian access to individually
27 identifiable juvenile records for the purpose of determining
28 or challenging the accuracy of the records. Final
29 administrative decisions shall be subject to the provisions
30 of the Administrative Review Law.
31 22. To charge, collect, and receive fees or moneys
32 equivalent to the cost of providing Department of State
33 Police personnel, equipment, and services to local
34 governmental agencies when explicitly requested by a local
SB283 Engrossed -34- LRB9101118DHmgA
1 governmental agency and pursuant to an intergovernmental
2 agreement as provided by this Section, other State agencies,
3 and federal agencies, including but not limited to fees or
4 moneys equivalent to the cost of providing dispatching
5 services, radio and radar repair, and training to local
6 governmental agencies on such terms and conditions as in the
7 judgment of the Director are in the best interest of the
8 State; and to establish, charge, collect and receive fees or
9 moneys based on the cost of providing responses to requests
10 for criminal history record information pursuant to positive
11 identification and any Illinois or federal law authorizing
12 access to some aspect of such information and to prescribe
13 the form and manner for requesting and furnishing such
14 information to the requestor on such terms and conditions as
15 in the judgment of the Director are in the best interest of
16 the State, provided fees for requesting and furnishing
17 criminal history record information may be waived for
18 requests in the due administration of the criminal laws. The
19 Department may also charge, collect and receive fees or
20 moneys equivalent to the cost of providing electronic data
21 processing lines or related telecommunication services to
22 local governments, but only when such services can be
23 provided by the Department at a cost less than that
24 experienced by said local governments through other means.
25 All services provided by the Department shall be conducted
26 pursuant to contracts in accordance with the
27 Intergovernmental Cooperation Act, and all telecommunication
28 services shall be provided pursuant to the provisions of
29 Section 67.18 of this Code.
30 All fees received by the Department of State Police under
31 this Act or the Illinois Uniform Conviction Information Act
32 shall be deposited in a special fund in the State Treasury to
33 be known as the State Police Services Fund. The money
34 deposited in the State Police Services Fund shall be
SB283 Engrossed -35- LRB9101118DHmgA
1 appropriated to the Department of State Police for expenses
2 of the Department of State Police.
3 Upon the completion of any audit of the Department of
4 State Police as prescribed by the Illinois State Auditing
5 Act, which audit includes an audit of the State Police
6 Services Fund, the Department of State Police shall make the
7 audit open to inspection by any interested person.
8 23. To exercise the powers and perform the duties which
9 have been vested in the Department of State Police by the
10 Intergovernmental Missing Child Recovery Act of 1984, and to
11 establish reasonable rules and regulations necessitated
12 thereby.
13 24. (a) To establish and maintain a statewide Law
14 Enforcement Agencies Data System (LEADS) for the purpose of
15 providing electronic access by authorized entities to
16 criminal justice data repositories and effecting an immediate
17 law enforcement response to reports of missing persons,
18 including lost, missing or runaway minors. The Department
19 shall implement an automatic data exchange system to compile,
20 to maintain and to make available to other law enforcement
21 agencies for immediate dissemination data which can assist
22 appropriate agencies in recovering missing persons and
23 provide access by authorized entities to various data
24 repositories available through LEADS for criminal justice and
25 related purposes. To assist the Department in this effort,
26 funds may be appropriated from the LEADS Maintenance Fund.
27 (b) In exercising its duties under this subsection, the
28 Department shall:
29 (1) provide a uniform reporting format for the
30 entry of pertinent information regarding the report of a
31 missing person into LEADS;
32 (2) develop and implement a policy whereby a
33 statewide or regional alert would be used in situations
34 relating to the disappearances of individuals, based on
SB283 Engrossed -36- LRB9101118DHmgA
1 criteria and in a format established by the Department.
2 Such a format shall include, but not be limited to, the
3 age of the missing person and the suspected circumstance
4 of the disappearance;
5 (3) notify all law enforcement agencies that
6 reports of missing persons shall be entered as soon as
7 the minimum level of data specified by the Department is
8 available to the reporting agency, and that no waiting
9 period for the entry of such data exists;
10 (4) compile and retain information regarding lost,
11 abducted, missing or runaway minors in a separate data
12 file, in a manner that allows such information to be used
13 by law enforcement and other agencies deemed appropriate
14 by the Director, for investigative purposes. Such
15 information shall include the disposition of all reported
16 lost, abducted, missing or runaway minor cases;
17 (5) compile and maintain an historic data
18 repository relating to lost, abducted, missing or runaway
19 minors and other missing persons in order to develop and
20 improve techniques utilized by law enforcement agencies
21 when responding to reports of missing persons; and
22 (6) create a quality control program regarding
23 confirmation of missing person data, timeliness of
24 entries of missing person reports into LEADS and
25 performance audits of all entering agencies.
26 25. On request of a school board or regional
27 superintendent of schools, to conduct an inquiry pursuant to
28 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
29 an applicant for employment in a school district has been
30 convicted of any criminal or drug offenses enumerated in
31 Section 10-21.9 or 34-18.5 of the School Code. The
32 Department shall furnish such conviction information to the
33 President of the school board of the school district which
34 has requested the information, or if the information was
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1 requested by the regional superintendent to that regional
2 superintendent.
3 26. To promulgate rules and regulations necessary for
4 the administration and enforcement of its powers and duties,
5 wherever granted and imposed, pursuant to the Illinois
6 Administrative Procedure Act.
7 27. To (a) promulgate rules pertaining to the
8 certification, revocation of certification and training of
9 law enforcement officers as electronic criminal surveillance
10 officers, (b) provide training and technical assistance to
11 State's Attorneys and local law enforcement agencies
12 pertaining to the interception of private oral
13 communications, (c) promulgate rules necessary for the
14 administration of Article 108B of the Code of Criminal
15 Procedure of 1963, including but not limited to standards for
16 recording and minimization of electronic criminal
17 surveillance intercepts, documentation required to be
18 maintained during an intercept, procedures in relation to
19 evidence developed by an intercept, and (d) charge a
20 reasonable fee to each law enforcement agency that sends
21 officers to receive training as electronic criminal
22 surveillance officers.
23 28. Upon the request of any private organization which
24 devotes a major portion of its time to the provision of
25 recreational, social, educational or child safety services to
26 children, to conduct, pursuant to positive identification,
27 criminal background investigations of all of that
28 organization's current employees, current volunteers,
29 prospective employees or prospective volunteers charged with
30 the care and custody of children during the provision of the
31 organization's services, and to report to the requesting
32 organization any record of convictions maintained in the
33 Department's files about such persons. The Department shall
34 charge an application fee, based on actual costs, for the
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1 dissemination of conviction information pursuant to this
2 subsection. The Department is empowered to establish this
3 fee and shall prescribe the form and manner for requesting
4 and furnishing conviction information pursuant to this
5 subsection. Information received by the organization from the
6 Department concerning an individual shall be provided to such
7 individual. Any such information obtained by the
8 organization shall be confidential and may not be transmitted
9 outside the organization and may not be transmitted to anyone
10 within the organization except as needed for the purpose of
11 evaluating the individual. Only information and standards
12 which bear a reasonable and rational relation to the
13 performance of child care shall be used by the organization.
14 Any employee of the Department or any member, employee or
15 volunteer of the organization receiving confidential
16 information under this subsection who gives or causes to be
17 given any confidential information concerning any criminal
18 convictions of an individual shall be guilty of a Class A
19 misdemeanor unless release of such information is authorized
20 by this subsection.
21 29. Upon the request of the Department of Children and
22 Family Services, to investigate reports of child abuse or
23 neglect.
24 30. To obtain registration of a fictitious vital record
25 pursuant to Section 15.1 of the Vital Records Act.
26 31. To collect and disseminate information relating to
27 "hate crimes" as defined under Section 12-7.1 of the Criminal
28 Code of 1961 contingent upon the availability of State or
29 Federal funds to revise and upgrade the Illinois Uniform
30 Crime Reporting System. All law enforcement agencies shall
31 report monthly to the Department of State Police concerning
32 such offenses in such form and in such manner as may be
33 prescribed by rules and regulations adopted by the Department
34 of State Police. Such information shall be compiled by the
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1 Department and be disseminated upon request to any local law
2 enforcement agency, unit of local government, or state
3 agency. Dissemination of such information shall be subject
4 to all confidentiality requirements otherwise imposed by law.
5 The Department of State Police shall provide training for
6 State Police officers in identifying, responding to, and
7 reporting all hate crimes. The Illinois Law Enforcement
8 Training Standards Board shall develop and certify a course
9 of such training to be made available to local law
10 enforcement officers.
11 32. Upon the request of a private carrier company that
12 provides transportation under Section 28b of the Metropolitan
13 Transit Authority Act, to ascertain if an applicant for a
14 driver position has been convicted of any criminal or drug
15 offense enumerated in Section 28b of the Metropolitan Transit
16 Authority Act. The Department shall furnish the conviction
17 information to the private carrier company that requested the
18 information.
19 33. To apply for grants or contracts, receive, expend,
20 allocate, or disburse funds and moneys made available by
21 public or private entities, including, but not limited to,
22 contracts, bequests, grants, or receiving equipment from
23 corporations, foundations, or public or private institutions
24 of higher learning. All funds received by the Department
25 from these sources shall be deposited into the appropriate
26 fund in the State Treasury to be appropriated to the
27 Department for purposes as indicated by the grantor or
28 contractor or, in the case of funds or moneys bequeathed or
29 granted for no specific purpose, for any purpose as deemed
30 appropriate by the Director in administering the
31 responsibilities of the Department.
32 34. Upon the request of the Department of Children and
33 Family Services, the Department of State Police shall provide
34 properly designated employees of the Department of Children
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1 and Family Services with criminal history record information
2 as defined in the Illinois Uniform Conviction Information Act
3 and information maintained in the Statewide Central Juvenile
4 record system as defined in subdivision (A)19 of this Section
5 if the Department of Children and Family Services determines
6 the information is necessary to perform its duties under the
7 Abused and Neglected Child Reporting Act, the Child Care Act
8 of 1969, and the Children and Family Services Act. The
9 request shall be in the form and manner specified by the
10 Department of State Police.
11 35. The Illinois Department of Public Aid is an
12 authorized entity under this Section for the purpose of
13 exchanging information, in the form and manner required by
14 the Department of State Police, obtaining access to various
15 data repositories available through LEADS, to facilitate the
16 location of individuals for establishing paternity, and
17 establishing, modifying, and enforcing child support
18 obligations, pursuant to the Illinois Public Aid Code and
19 Title IV, Part Section D of the Social Security Act. The
20 Department shall enter into an agreement with the Illinois
21 Department of Public Aid consistent with these purposes.
22 36. Upon request of the Department of Human Services, to
23 conduct an assessment and evaluation of sexually violent
24 persons as mandated by the Sexually Violent Persons
25 Commitment Act, the Department shall furnish criminal history
26 information maintained on the requested person. The request
27 shall be in the form and manner specified by the Department.
28 37. The Illinois Department of Public Aid is an
29 authorized entity under this Section for the purpose of
30 obtaining access to various data repositories available
31 through LEADS, to facilitate the location of individuals for
32 establishing paternity, and establishing, modifying, and
33 enforcing child support obligations, pursuant to the Illinois
34 Public Aid Code and Title IV, Part D of the Social Security
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1 Act. The Department shall enter into an agreement with the
2 Illinois Department of Public Aid consistent with these
3 purposes.
4 (B) The Department of State Police may establish and
5 maintain, within the Department of State Police, a Statewide
6 Organized Criminal Gang Database (SWORD) for the purpose of
7 tracking organized criminal gangs and their memberships.
8 Information in the database may include, but not be limited
9 to, the name, last known address, birth date, physical
10 descriptions (such as scars, marks, or tattoos), officer
11 safety information, organized gang affiliation, and entering
12 agency identifier. The Department may develop, in
13 consultation with the Criminal Justice Information Authority,
14 and in a form and manner prescribed by the Department, an
15 automated data exchange system to compile, to maintain, and
16 to make this information electronically available to
17 prosecutors and to other law enforcement agencies. The
18 information may be used by authorized agencies to combat the
19 operations of organized criminal gangs statewide.
20 (C) The Department of State Police may ascertain the
21 number of bilingual police officers and other personnel
22 needed to provide services in a language other than English
23 and may establish, under applicable personnel rules and
24 Department guidelines or through a collective bargaining
25 agreement, a bilingual pay supplement program.
26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
29 10-6-98.)
30 (20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
31 Sec. 55a-1. The Department of State Police is divided
32 into the Illinois State Police Academy and 4 5 divisions: the
33 Division of Operations State Troopers, the Division of
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1 Criminal Investigation, the Division of Forensic Services,
2 the Division of Administration, and the Division of Internal
3 Investigation.
4 (Source: P.A. 90-130, eff. 1-1-98.)
5 (20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
6 Sec. 55a-2. The Division of Operations State Troopers
7 shall exercise the following functions and those in Section
8 55a-3:
9 1. to cooperate with federal and State authorities
10 requesting utilization of the Department's radio network
11 system under the the "Illinois Aeronautics Act", approved
12 July 24, 1945, as amended;
13 2. to exercise the rights, powers and duties of the
14 State Police under the State Police Act "An Act in relation
15 to the State Police", approved July 20, 1949, as amended;
16 3. to exercise the rights, powers and duties vested by
17 law in the Department by the State Police Radio Act "An Act
18 in relation to the establishment and operation of radio
19 broadcasting stations and the acquisition and installation of
20 radio receiving sets for police purposes", approved July 7,
21 1931, as amended;
22 4. to exercise the rights, powers and duties of the
23 Department vested by law in the Department and the Illinois
24 State Police by by "the Illinois Vehicle Code", approved
25 September 29, 1969, as amended;
26 5. to exercise other duties which have been or may be
27 vested by law in the Illinois State Police; and
28 6. to exercise other duties which may be assigned by the
29 Director in order to fulfill the responsibilities and to
30 achieve the purposes of the Department.
31 (Source: P.A. 84-25.)
32 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
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1 Sec. 55a-3. (a) The Division of Operations Criminal
2 Investigation shall exercise the following functions and
3 those in Section 55a-2:
4 1. to exercise the rights, powers and duties vested
5 by law in the Department by the Illinois Horse Racing Act
6 of 1975;
7 2. to investigate the origins, activities,
8 personnel and incidents of crime and enforce the criminal
9 laws of this State related thereto;
10 3. to enforce all laws regulating the production,
11 sale, prescribing, manufacturing, administering,
12 transporting, having in possession, dispensing,
13 delivering, distributing, or use of controlled substances
14 and cannabis;
15 4. to cooperate with the police of cities,
16 villages, and incorporated towns, and with the police
17 officers of any county in enforcing the laws of the State
18 and in making arrests and recovering property;
19 5. to apprehend and deliver up any person charged
20 in this State or any other State with treason, felony, or
21 other crime, who has fled from justice and is found in
22 this State;
23 6. to investigate recipients, providers and any
24 personnel involved in the administration of the Illinois
25 Public Aid Code who are suspected of any violation of
26 such Code pertaining to fraud in the administration,
27 receipt or provision of assistance and pertaining to any
28 violation of criminal law, and to exercise the functions
29 required under Section 55a-7 in the conduct of such
30 investigations;
31 7. to conduct such other investigations as may be
32 provided by law;
33 8. to exercise the powers and perform the duties
34 which have been vested in the Department of State Police
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1 by the Sex Offender Registration Act and the Sex Offender
2 and Child Murderer Community Notification Law and to
3 promulgate reasonable rules and regulations necessitated
4 thereby; and
5 9. to exercise other duties which may be assigned
6 by the Director in order to fulfill the responsibilities
7 and achieve the purposes of the Department.
8 (b) There is hereby established in the Division of
9 Operations Criminal Investigation the Office of Coordination
10 of Gang Prevention, hereafter referred to as the Office.
11 The Office shall consult with units of local government
12 and school districts to assist them in gang control
13 activities and to administer a system of grants to units of
14 local government and school districts which, upon
15 application, have demonstrated a workable plan to reduce gang
16 activity in their area. Such grants shall not include
17 reimbursement for personnel nor shall they exceed 75% of the
18 total request by any applicant, and may be calculated on a
19 proportional basis, determined by funds available to the
20 Department for this purpose. The Department shall have the
21 authority to promulgate appropriate rules and regulations to
22 administer this program.
23 Such office shall establish mobile units of trained
24 personnel to respond to gang activities.
25 Such office shall also consult with and use the services
26 of religious leaders and other celebrities to assist in gang
27 control activities.
28 The Office may sponsor seminars, conferences or any other
29 educational activity to assist communities in their gang
30 crime control activities.
31 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
32 eff. 6-1-96; 90-193, eff. 7-24-97.)
33 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
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1 Sec. 55a-4. The Division of Forensic Services shall
2 exercise the following functions:
3 1. to exercise the rights, powers and duties vested by
4 law in the Department by the Criminal Identification Act "An
5 Act in relation to criminal identification and
6 investigation", approved July 2, 1931, as amended;
7 2. to exercise the rights, powers and duties vested by
8 law in the Department by subsection (5) of Section 55a of
9 this Act;
10 3. to provide assistance to local law enforcement
11 agencies through training, management and consultant
12 services;
13 4. (Blank); to exercise the rights, powers and duties
14 vested by law in the Department by "An Act relating to the
15 acquisition, possession and transfer of firearms and firearm
16 ammunition and to provide a penalty for the violation thereof
17 and to make an appropriation in connection therewith",
18 approved August 3, 1967, as amended;
19 5. to exercise other duties which may be assigned by the
20 Director in order to fulfill the responsibilities and achieve
21 the purposes of the Department; and
22 6. to establish and operate a forensic science
23 laboratory system, including a forensic toxicological
24 laboratory service, for the purpose of testing specimens
25 submitted by coroners and other law enforcement officers in
26 their efforts to determine whether alcohol, drugs or
27 poisonous or other toxic substances have been involved in
28 deaths, accidents or illness. Forensic toxicological
29 laboratories shall be established in Springfield, Chicago and
30 elsewhere in the State as needed.
31 (Source: P.A. 90-130, eff. 1-1-98.)
32 (20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
33 Sec. 55a-5. The Division of Administration shall
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1 exercise the following functions:
2 1. to exercise the rights, powers and duties vested in
3 the Department by the Bureau of the Budget Act "An Act to
4 create a Bureau of the Budget and to define its powers and
5 duties and to make an appropriation", approved April 16,
6 1969, as amended;
7 2. to pursue research and the publication of studies
8 pertaining to local law enforcement activities;
9 3. to exercise the rights, powers and duties vested in
10 the Department by the "Personnel Code", approved July 18,
11 1955, as amended;
12 4. to operate an electronic data processing and computer
13 center for the storage and retrieval of data pertaining to
14 criminal activity;
15 5. to exercise the rights, powers and duties vested in
16 the former Division of State Troopers by Section 17 of the
17 State Police Act "An Act in relation to State Police",
18 approved July 20, 1949, as amended;
19 6. to exercise the rights, powers and duties vested in
20 the Department by the Fiscal Control and Internal Auditing
21 Act "An Act relating to internal auditing in State
22 government", approved August 11, 1967, as amended;
23 7. to exercise other duties which may be assigned by the
24 Director to fulfill the responsibilities and achieve the
25 purposes of the Department;.
26 8. to exercise the rights, powers, and duties vested in
27 the Department by the Firearm Owners Identification Card Act.
28
29 (Source: P.A. 84-25.)
30 (20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
31 Sec. 55a-7. The Department of State Police, through the
32 Division of Operations Criminal Investigation, shall
33 investigate recipients, providers and any personnel involved
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1 in the administration of the Illinois Public Aid Code who are
2 suspected of any violations of such Code pertaining to fraud
3 in the administration, receipt or provision of assistance
4 and pertaining to any violation of criminal law. The
5 Department shall, in addition to functions otherwise
6 authorized by State and Federal law, exercise the following
7 functions:
8 1. to initiate investigations of suspected cases of
9 public aid fraud; and
10 2. to investigate cases of public aid fraud.
11 (Source: P.A. 84-25.)
12 (20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
13 Sec. 55a-8. The Department of State Police shall:
14 (a) coordinate operate a State participation in a
15 national central repository for dental records of missing
16 persons and unidentified dead bodies;
17 (b) receive and file dental records submitted by county
18 medical examiners and coroners from unidentified dead bodies
19 and submitted by law enforcement agencies from persons
20 reported missing for more than 30 days;
21 (c) provide information from the file on possible
22 identifications resulting from the comparison of dental
23 records submitted with those records on file, to county
24 medical examiners, coroners, and law enforcement agencies;
25 and
26 (d) expunge the dental records of those missing persons
27 who are found, and expunge from the file the dental records
28 of missing persons who are positively identified as a result
29 of comparisons made with this file, the files maintained by
30 other states, territories, insular possessions of the United
31 States, or the United States.
32 (Source: P.A. 84-1308.)
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1 Section 35. The Civil Administrative Code of Illinois is
2 amended by changing Section 49.22 as follows:
3 (20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
4 Sec. 49.22. To administer, exercise and enforce the
5 rights, powers and duties presently vested in the Department
6 of State Police and the Division of Operations State Troopers
7 "Illinois Vehicle Inspection Law," in the Illinois
8 Commerce Commission, in the State Board of Education and in
9 the Secretary of State under laws relating to the safety
10 inspection of motor vehicles operated by common carriers, of
11 school buses, and motor vehicles used in the transportation
12 of school children and motor vehicles used in driver training
13 schools for hire licensed under Article IV of "The Illinois
14 Driver Licensing Law", or any other law relating to the
15 safety inspection of motor vehicles of the second division as
16 defined in "the Illinois Vehicle Code".
17 (Source: P.A. 84-25.)
18 Section 40. The State Finance Act is amended by changing
19 Section 8.3 as follows:
20 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
21 Sec. 8.3. Money in the road fund shall, if and when the
22 State of Illinois incurs any bonded indebtedness for the
23 construction of permanent highways, be set aside and used for
24 the purpose of paying and discharging annually the principal
25 and interest on that bonded indebtedness then due and
26 payable, and for no other purpose. The surplus, if any, in
27 the road fund after the payment of principal and interest on
28 that bonded indebtedness then annually due shall be used as
29 follows:
30 first--to pay the cost of administration of Chapters
31 2 through 10 of the Illinois Vehicle Code, except the
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1 cost of administration of Articles I and II of Chapter 3
2 of that Code; and
3 secondly--for expenses of the Department of
4 Transportation for construction, reconstruction,
5 improvement, repair, maintenance, operation, and
6 administration of highways in accordance with the
7 provisions of laws relating thereto, or for any purpose
8 related or incident to and connected therewith, including
9 the separation of grades of those highways with railroads
10 and with highways and including the payment of awards
11 made by the Industrial Commission under the terms of the
12 Workers' Compensation Act or Workers' Occupational
13 Diseases Act for injury or death of an employee of the
14 Division of Highways in the Department of Transportation;
15 or for the acquisition of land and the erection of
16 buildings for highway purposes, including the acquisition
17 of highway right-of-way or for investigations to
18 determine the reasonably anticipated future highway
19 needs; or for making of surveys, plans, specifications
20 and estimates for and in the construction and maintenance
21 of flight strips and of highways necessary to provide
22 access to military and naval reservations, to defense
23 industries and defense-industry sites, and to the sources
24 of raw materials and for replacing existing highways and
25 highway connections shut off from general public use at
26 military and naval reservations and defense-industry
27 sites, or for the purchase of right-of-way, except that
28 the State shall be reimbursed in full for any expense
29 incurred in building the flight strips; or for the
30 operating and maintaining of highway garages; or for
31 patrolling and policing the public highways and
32 conserving the peace; or for any of those purposes or any
33 other purpose that may be provided by law.
34 Appropriations for any of those purposes are payable from
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1 the road fund. Appropriations may also be made from the road
2 fund for the administrative expenses of any State agency that
3 are related to motor vehicles or arise from the use of motor
4 vehicles.
5 Beginning with fiscal year 1980 and thereafter, no road
6 fund monies shall be appropriated to the following
7 Departments or agencies of State government for
8 administration, grants, or operations; but this limitation is
9 not a restriction upon appropriating for those purposes any
10 road fund monies that are eligible for federal reimbursement;
11 1. Department of Public Health;
12 2. Department of Transportation, only with respect
13 to subsidies for one-half fare Student Transportation and
14 Reduced Fare for Elderly;
15 3. Department of Central Management Services,
16 except for expenditures incurred for group insurance
17 premiums of appropriate personnel;
18 4. Judicial Systems and Agencies.
19 Beginning with fiscal year 1981 and thereafter, no road
20 fund monies shall be appropriated to the following
21 Departments or agencies of State government for
22 administration, grants, or operations; but this limitation is
23 not a restriction upon appropriating for those purposes any
24 road fund monies that are eligible for federal reimbursement:
25 1. Department of State Police, except for
26 expenditures with respect to the Division of Operations
27 State Troopers;
28 2. Department of Transportation, only with respect
29 to Intercity Rail Subsidies and Rail Freight Services.
30 Beginning with fiscal year 1982 and thereafter, no road
31 fund monies shall be appropriated to the following
32 Departments or agencies of State government for
33 administration, grants, or operations; but this limitation is
34 not a restriction upon appropriating for those purposes any
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1 road fund monies that are eligible for federal reimbursement:
2 Department of Central Management Services, except for awards
3 made by the Industrial Commission under the terms of the
4 Workers' Compensation Act or Workers' Occupational Diseases
5 Act for injury or death of an employee of the Division of
6 Highways in the Department of Transportation.
7 Beginning with fiscal year 1984 and thereafter, no road
8 fund monies shall be appropriated to the following
9 Departments or agencies of State government for
10 administration, grants, or operations; but this limitation is
11 not a restriction upon appropriating for those purposes any
12 road fund monies that are eligible for federal reimbursement:
13 1. Department of State Police, except not more than
14 40% of the funds appropriated for the Division of
15 Operations State Troopers;
16 2. State Officers.
17 Beginning with fiscal year 1984 and thereafter, no road
18 fund monies shall be appropriated to any Department or agency
19 of State government for administration, grants, or operations
20 except as provided hereafter; but this limitation is not a
21 restriction upon appropriating for those purposes any road
22 fund monies that are eligible for federal reimbursement. It
23 shall not be lawful to circumvent the above appropriation
24 limitations by governmental reorganization or other methods.
25 Appropriations shall be made from the road fund only in
26 accordance with the provisions of this Section.
27 Money in the road fund shall, if and when the State of
28 Illinois incurs any bonded indebtedness for the construction
29 of permanent highways, be set aside and used for the purpose
30 of paying and discharging during each fiscal year the
31 principal and interest on that bonded indebtedness as it
32 becomes due and payable as provided in the Transportation
33 Bond Act, and for no other purpose. The surplus, if any, in
34 the road fund after the payment of principal and interest on
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1 that bonded indebtedness then annually due shall be used as
2 follows:
3 first--to pay the cost of administration of Chapters
4 2 through 10 of the Illinois Vehicle Code; and
5 secondly--no road fund monies derived from fees,
6 excises, or license taxes relating to registration,
7 operation and use of vehicles on public highways or to
8 fuels used for the propulsion of those vehicles, shall be
9 appropriated or expended other than for costs of
10 administering the laws imposing those fees, excises, and
11 license taxes, statutory refunds and adjustments allowed
12 thereunder, administrative costs of the Department of
13 Transportation, payment of debts and liabilities incurred
14 in construction and reconstruction of public highways and
15 bridges, acquisition of rights-of-way for and the cost of
16 construction, reconstruction, maintenance, repair, and
17 operation of public highways and bridges under the
18 direction and supervision of the State, political
19 subdivision, or municipality collecting those monies, and
20 the costs for patrolling and policing the public highways
21 (by State, political subdivision, or municipality
22 collecting that money) for enforcement of traffic laws.
23 The separation of grades of such highways with railroads
24 and costs associated with protection of at-grade highway
25 and railroad crossing shall also be permissible.
26 Appropriations for any of such purposes are payable from
27 the road fund or the Grade Crossing Protection Fund as
28 provided in Section 8 of the Motor Fuel Tax Law.
29 Beginning with fiscal year 1991 and thereafter, no Road
30 Fund monies shall be appropriated to the Department of State
31 Police for the purposes of this Section in excess of its
32 total fiscal year 1990 Road Fund appropriations for those
33 purposes unless otherwise provided in Section 5g of this Act.
34 It shall not be lawful to circumvent this limitation on
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1 appropriations by governmental reorganization or other
2 methods unless otherwise provided in Section 5g of this Act.
3 In fiscal year 1994, no Road Fund monies shall be
4 appropriated to the Secretary of State for the purposes of
5 this Section in excess of the total fiscal year 1991 Road
6 Fund appropriations to the Secretary of State for those
7 purposes, plus $9,800,000. It shall not be lawful to
8 circumvent this limitation on appropriations by governmental
9 reorganization or other method.
10 Beginning with fiscal year 1995 and thereafter, no Road
11 Fund monies shall be appropriated to the Secretary of State
12 for the purposes of this Section in excess of the total
13 fiscal year 1994 Road Fund appropriations to the Secretary of
14 State for those purposes. It shall not be lawful to
15 circumvent this limitation on appropriations by governmental
16 reorganization or other methods.
17 No new program may be initiated in fiscal year 1991 and
18 thereafter that is not consistent with the limitations
19 imposed by this Section for fiscal year 1984 and thereafter,
20 insofar as appropriation of road fund monies is concerned.
21 Nothing in this Section prohibits transfers from the Road
22 Fund to the State Construction Account Fund under Section 5e
23 of this Act.
24 (Source: P.A. 87-774; 87-1228; 88-78.)
25 Section 45. The Anti-Pollution Bond Act is amended by
26 changing Section 4a as follows:
27 (30 ILCS 405/4a) (from Ch. 127, par. 454a)
28 Sec. 4a. The Environmental Protection Agency shall
29 distribute grants, subject to appropriation by the General
30 Assembly, and in accordance with Section 4 of this Act and in
31 accordance with a list of health hazards formulated by the
32 Department of Public Health, for planning, financing and
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1 construction of municipal sewage treatment works in areas
2 where an actual or potential severe health hazard exists
3 because of a lack of adequate municipal sewage treatment
4 works.
5 By October 1 of each year, the Director of the Department
6 of Public Health shall comprise and submit to the Director of
7 the Environmental Protection Agency a list of areas in this
8 State where a health hazard exists because of inadequate
9 sewage treatment facilities. The Director of Public Health
10 shall rank the areas listed according to the seriousness of
11 the health hazard.
12 (Source: P.A. 81-1111.)
13 Section 50. The Illinois Pension Code is amended by
14 changing Sections 14-110 and 15-181 as follows:
15 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
16 Sec. 14-110. Alternative retirement annuity.
17 (a) Any member who has withdrawn from service with not
18 less than 20 years of eligible creditable service and has
19 attained age 55, and any member who has withdrawn from
20 service with not less than 25 years of eligible creditable
21 service and has attained age 50, regardless of whether the
22 attainment of either of the specified ages occurs while the
23 member is still in service, shall be entitled to receive at
24 the option of the member, in lieu of the regular or minimum
25 retirement annuity, a retirement annuity computed as
26 follows:
27 (i) for periods of service as a noncovered
28 employee, 2 1/4% of final average compensation for each
29 of the first 10 years of creditable service, 2 1/2% for
30 each year above 10 years to and including 20 years of
31 creditable service, and 2 3/4% for each year of
32 creditable service above 20 years; and
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1 (ii) for periods of eligible creditable service as
2 a covered employee, 1.67% of final average compensation
3 for each of the first 10 years of such service, 1.90% for
4 each of the next 10 years of such service, 2.10% for each
5 year of such service in excess of 20 but not exceeding
6 30, and 2.30% for each year in excess of 30.
7 Such annuity shall be subject to a maximum of 75% of
8 final average compensation. These rates shall not be
9 applicable to any service performed by a member as a covered
10 employee which is not eligible creditable service. Service
11 as a covered employee which is not eligible creditable
12 service shall be subject to the rates and provisions of
13 Section 14-108.
14 (b) For the purpose of this Section, "eligible
15 creditable service" means creditable service resulting from
16 service in one or more of the following positions:
17 (1) State policeman;
18 (2) fire fighter in the fire protection service of
19 a department;
20 (3) air pilot;
21 (4) special agent;
22 (5) investigator for the Secretary of State;
23 (6) conservation police officer;
24 (7) investigator for the Department of Revenue;
25 (8) security employee of the Department of Human
26 Services;
27 (9) Central Management Services security police
28 officer;
29 (10) security employee of the Department of
30 Corrections;
31 (11) dangerous drugs investigator;
32 (12) investigator for the Department of State
33 Police;
34 (13) investigator for the Office of the Attorney
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1 General;
2 (14) controlled substance inspector;
3 (15) investigator for the Office of the State's
4 Attorneys Appellate Prosecutor;
5 (16) Commerce Commission police officer;
6 (17) arson investigator.
7 A person employed in one of the positions specified in
8 this subsection is entitled to eligible creditable service
9 for service credit earned under this Article while undergoing
10 the basic police training course approved by the Illinois
11 Local Governmental Law Enforcement Officers Training
12 Standards Board, if completion of that training is required
13 of persons serving in that position. For the purposes of
14 this Code, service during the required basic police training
15 course shall be deemed performance of the duties of the
16 specified position, even though the person is not a sworn
17 peace officer at the time of the training.
18 (c) For the purposes of this Section:
19 (1) The term "state policeman" includes any title
20 or position in the Department of State Police that is
21 held by an individual employed under the State Police
22 Act.
23 (2) The term "fire fighter in the fire protection
24 service of a department" includes all officers in such
25 fire protection service including fire chiefs and
26 assistant fire chiefs.
27 (3) The term "air pilot" includes any employee
28 whose official job description on file in the Department
29 of Central Management Services, or in the department by
30 which he is employed if that department is not covered by
31 the Personnel Code, states that his principal duty is the
32 operation of aircraft, and who possesses a pilot's
33 license; however, the change in this definition made by
34 this amendatory Act of 1983 shall not operate to exclude
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1 any noncovered employee who was an "air pilot" for the
2 purposes of this Section on January 1, 1984.
3 (4) The term "special agent" means any person who
4 by reason of employment by the Division of Narcotic
5 Control, the Bureau of Investigation or, after July 1,
6 1977, the Division of Criminal Investigation, the
7 Division of Internal Investigation, the Division of
8 Operations, or any other Division or organizational
9 entity in the Department of State Police is vested by law
10 with duties to maintain public order, investigate
11 violations of the criminal law of this State, enforce the
12 laws of this State, make arrests and recover property.
13 The term "special agent" includes any title or position
14 in the Department of State Police that is held by an
15 individual employed under the State Police Act.
16 (5) The term "investigator for the Secretary of
17 State" means any person employed by the Office of the
18 Secretary of State and vested with such investigative
19 duties as render him ineligible for coverage under the
20 Social Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D) and 218(l)(1) of that Act.
22 A person who became employed as an investigator for
23 the Secretary of State between January 1, 1967 and
24 December 31, 1975, and who has served as such until
25 attainment of age 60, either continuously or with a
26 single break .n service of not more than 3 years
27 duration, which break terminated before January 1, 1976,
28 shall be entitled to have his retirement annuity
29 calculated in accordance with subsection (a),
30 notwithstanding that he has less than 20 years of credit
31 for such service.
32 (6) The term "Conservation Police Officer" means
33 any person employed by the Division of Law Enforcement of
34 the Department of Natural Resources and vested with such
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1 law enforcement duties as render him ineligible for
2 coverage under the Social Security Act by reason of
3 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
4 that Act. The term "Conservation Police Officer"
5 includes the positions of Chief Conservation Police
6 Administrator and Assistant Conservation Police
7 Administrator.
8 (7) The term "investigator for the Department of
9 Revenue" means any person employed by the Department of
10 Revenue and vested with such investigative duties as
11 render him ineligible for coverage under the Social
12 Security Act by reason of Sections 218(d)(5)(A),
13 218(d)(8)(D) and 218(l)(1) of that Act.
14 (8) The term "security employee of the Department
15 of Human Services" means any person employed by the
16 Department of Human Services who is employed at the
17 Chester Mental Health Center and has daily contact with
18 the residents thereof, or who is a mental health police
19 officer. "Mental health police officer" means any person
20 employed by the Department of Human Services in a
21 position pertaining to the Department's mental health and
22 developmental disabilities functions who is vested with
23 such law enforcement duties as render the person
24 ineligible for coverage under the Social Security Act by
25 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
26 218(l)(1) of that Act.
27 (9) "Central Management Services security police
28 officer" means any person employed by the Department of
29 Central Management Services who is vested with such law
30 enforcement duties as render him ineligible for coverage
31 under the Social Security Act by reason of Sections
32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33 (10) The term "security employee of the Department
34 of Corrections" means any employee of the Department of
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1 Corrections or the former Department of Personnel, and
2 any member or employee of the Prisoner Review Board, who
3 has daily contact with inmates by working within a
4 correctional facility or who is a parole officer or an
5 employee who has direct contact with committed persons in
6 the performance of his or her job duties.
7 (11) The term "dangerous drugs investigator" means
8 any person who is employed as such by the Department of
9 Human Services.
10 (12) The term "investigator for the Department of
11 State Police" means a person employed by the Department
12 of State Police who is vested under Section 4 of the
13 Narcotic Control Division Abolition Act with such law
14 enforcement powers as render him ineligible for coverage
15 under the Social Security Act by reason of Sections
16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17 (13) "Investigator for the Office of the Attorney
18 General" means any person who is employed as such by the
19 Office of the Attorney General and is vested with such
20 investigative duties as render him ineligible for
21 coverage under the Social Security Act by reason of
22 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
23 Act. For the period before January 1, 1989, the term
24 includes all persons who were employed as investigators
25 by the Office of the Attorney General, without regard to
26 social security status.
27 (14) "Controlled substance inspector" means any
28 person who is employed as such by the Department of
29 Professional Regulation and is vested with such law
30 enforcement duties as render him ineligible for coverage
31 under the Social Security Act by reason of Sections
32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33 The term "controlled substance inspector" includes the
34 Program Executive of Enforcement and the Assistant
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1 Program Executive of Enforcement.
2 (15) The term "investigator for the Office of the
3 State's Attorneys Appellate Prosecutor" means a person
4 employed in that capacity on a full time basis under the
5 authority of Section 7.06 of the State's Attorneys
6 Appellate Prosecutor's Act.
7 (16) "Commerce Commission police officer" means any
8 person employed by the Illinois Commerce Commission who
9 is vested with such law enforcement duties as render him
10 ineligible for coverage under the Social Security Act by
11 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
12 218(l)(1) of that Act.
13 (17) "Arson investigator" means any person who is
14 employed as such by the Office of the State Fire Marshal
15 and is vested with such law enforcement duties as render
16 the person ineligible for coverage under the Social
17 Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D), and 218(l)(1) of that Act. A person who
19 was employed as an arson investigator on January 1, 1995
20 and is no longer in service but not yet receiving a
21 retirement annuity may convert his or her creditable
22 service for employment as an arson investigator into
23 eligible creditable service by paying to the System the
24 difference between the employee contributions actually
25 paid for that service and the amounts that would have
26 been contributed if the applicant were contributing at
27 the rate applicable to persons with the same social
28 security status earning eligible creditable service on
29 the date of application.
30 (d) A security employee of the Department of
31 Corrections, and a security employee of the Department of
32 Human Services who is not a mental health police officer,
33 shall not be eligible for the alternative retirement annuity
34 provided by this Section unless he or she meets the following
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1 minimum age and service requirements at the time of
2 retirement:
3 (i) 25 years of eligible creditable service and age
4 55; or
5 (ii) beginning January 1, 1987, 25 years of
6 eligible creditable service and age 54, or 24 years of
7 eligible creditable service and age 55; or
8 (iii) beginning January 1, 1988, 25 years of
9 eligible creditable service and age 53, or 23 years of
10 eligible creditable service and age 55; or
11 (iv) beginning January 1, 1989, 25 years of
12 eligible creditable service and age 52, or 22 years of
13 eligible creditable service and age 55; or
14 (v) beginning January 1, 1990, 25 years of eligible
15 creditable service and age 51, or 21 years of eligible
16 creditable service and age 55; or
17 (vi) beginning January 1, 1991, 25 years of
18 eligible creditable service and age 50, or 20 years of
19 eligible creditable service and age 55.
20 Persons who have service credit under Article 16 of this
21 Code for service as a security employee of the Department of
22 Corrections in a position requiring certification as a
23 teacher may count such service toward establishing their
24 eligibility under the service requirements of this Section;
25 but such service may be used only for establishing such
26 eligibility, and not for the purpose of increasing or
27 calculating any benefit.
28 (e) If a member enters military service while working in
29 a position in which eligible creditable service may be
30 earned, and returns to State service in the same or another
31 such position, and fulfills in all other respects the
32 conditions prescribed in this Article for credit for military
33 service, such military service shall be credited as eligible
34 creditable service for the purposes of the retirement annuity
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1 prescribed in this Section.
2 (f) For purposes of calculating retirement annuities
3 under this Section, periods of service rendered after
4 December 31, 1968 and before October 1, 1975 as a covered
5 employee in the position of special agent, conservation
6 police officer, mental health police officer, or investigator
7 for the Secretary of State, shall be deemed to have been
8 service as a noncovered employee, provided that the employee
9 pays to the System prior to retirement an amount equal to (1)
10 the difference between the employee contributions that would
11 have been required for such service as a noncovered employee,
12 and the amount of employee contributions actually paid, plus
13 (2) if payment is made after July 31, 1987, regular interest
14 on the amount specified in item (1) from the date of service
15 to the date of payment.
16 For purposes of calculating retirement annuities under
17 this Section, periods of service rendered after December 31,
18 1968 and before January 1, 1982 as a covered employee in the
19 position of investigator for the Department of Revenue shall
20 be deemed to have been service as a noncovered employee,
21 provided that the employee pays to the System prior to
22 retirement an amount equal to (1) the difference between the
23 employee contributions that would have been required for such
24 service as a noncovered employee, and the amount of employee
25 contributions actually paid, plus (2) if payment is made
26 after January 1, 1990, regular interest on the amount
27 specified in item (1) from the date of service to the date of
28 payment.
29 (g) A State policeman may elect, not later than January
30 1, 1990, to establish eligible creditable service for up to
31 10 years of his service as a policeman under Article 3, by
32 filing a written election with the Board, accompanied by
33 payment of an amount to be determined by the Board, equal to
34 (i) the difference between the amount of employee and
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1 employer contributions transferred to the System under
2 Section 3-110.5, and the amounts that would have been
3 contributed had such contributions been made at the rates
4 applicable to State policemen, plus (ii) interest thereon at
5 the effective rate for each year, compounded annually, from
6 the date of service to the date of payment.
7 Subject to the limitation in subsection (i), a State
8 policeman may elect, not later than July 1, 1993, to
9 establish eligible creditable service for up to 10 years of
10 his service as a member of the County Police Department under
11 Article 9, by filing a written election with the Board,
12 accompanied by payment of an amount to be determined by the
13 Board, equal to (i) the difference between the amount of
14 employee and employer contributions transferred to the System
15 under Section 9-121.10 and the amounts that would have been
16 contributed had those contributions been made at the rates
17 applicable to State policemen, plus (ii) interest thereon at
18 the effective rate for each year, compounded annually, from
19 the date of service to the date of payment.
20 (h) Subject to the limitation in subsection (i), a State
21 policeman or investigator for the Secretary of State may
22 elect to establish eligible creditable service for up to 12
23 years of his service as a policeman under Article 5, by
24 filing a written election with the Board on or before January
25 31, 1992, and paying to the System by January 31, 1994 an
26 amount to be determined by the Board, equal to (i) the
27 difference between the amount of employee and employer
28 contributions transferred to the System under Section 5-236,
29 and the amounts that would have been contributed had such
30 contributions been made at the rates applicable to State
31 policemen, plus (ii) interest thereon at the effective rate
32 for each year, compounded annually, from the date of service
33 to the date of payment.
34 Subject to the limitation in subsection (i), a State
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1 policeman, conservation police officer, or investigator for
2 the Secretary of State may elect to establish eligible
3 creditable service for up to 10 years of service as a
4 sheriff's law enforcement employee under Article 7, by filing
5 a written election with the Board on or before January 31,
6 1993, and paying to the System by January 31, 1994 an amount
7 to be determined by the Board, equal to (i) the difference
8 between the amount of employee and employer contributions
9 transferred to the System under Section 7-139.7, and the
10 amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 (i) The total amount of eligible creditable service
16 established by any person under subsections (g), (h), (j),
17 (k), and (l) of this Section shall not exceed 12 years.
18 (j) Subject to the limitation in subsection (i), an
19 investigator for the Office of the State's Attorneys
20 Appellate Prosecutor or a controlled substance inspector may
21 elect to establish eligible creditable service for up to 10
22 years of his service as a policeman under Article 3 or a
23 sheriff's law enforcement employee under Article 7, by filing
24 a written election with the Board, accompanied by payment of
25 an amount to be determined by the Board, equal to (1) the
26 difference between the amount of employee and employer
27 contributions transferred to the System under Section 3-110.6
28 or 7-139.8, and the amounts that would have been contributed
29 had such contributions been made at the rates applicable to
30 State policemen, plus (2) interest thereon at the effective
31 rate for each year, compounded annually, from the date of
32 service to the date of payment.
33 (k) Subject to the limitation in subsection (i) of this
34 Section, an alternative formula employee may elect to
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1 establish eligible creditable service for periods spent as a
2 full-time law enforcement officer or full-time corrections
3 officer employed by the federal government or by a state or
4 local government located outside of Illinois, for which
5 credit is not held in any other public employee pension fund
6 or retirement system. To obtain this credit, the applicant
7 must file a written application with the Board by March 31,
8 1998, accompanied by evidence of eligibility acceptable to
9 the Board and payment of an amount to be determined by the
10 Board, equal to (1) employee contributions for the credit
11 being established, based upon the applicant's salary on the
12 first day as an alternative formula employee after the
13 employment for which credit is being established and the
14 rates then applicable to alternative formula employees, plus
15 (2) an amount determined by the Board to be the employer's
16 normal cost of the benefits accrued for the credit being
17 established, plus (3) regular interest on the amounts in
18 items (1) and (2) from the first day as an alternative
19 formula employee after the employment for which credit is
20 being established to the date of payment.
21 (l) Subject to the limitation in subsection (i), a
22 security employee of the Department of Corrections may elect,
23 not later than July 1, 1998, to establish eligible creditable
24 service for up to 10 years of his or her service as a
25 policeman under Article 3, by filing a written election with
26 the Board, accompanied by payment of an amount to be
27 determined by the Board, equal to (i) the difference between
28 the amount of employee and employer contributions transferred
29 to the System under Section 3-110.5, and the amounts that
30 would have been contributed had such contributions been made
31 at the rates applicable to security employees of the
32 Department of Corrections, plus (ii) interest thereon at the
33 effective rate for each year, compounded annually, from the
34 date of service to the date of payment.
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1 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
2 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
3 (40 ILCS 5/15-181) (from Ch. 108 1/2, par. 15-181)
4 Sec. 15-181. Duties of employers.
5 (a) Each employer, in preparing payroll vouchers for
6 participating employees, shall indicate, in addition to other
7 information: (1) the amount of employee contributions and
8 survivors insurance contributions required under Section
9 15-157, (2) the gross earnings payable to each employee, and
10 (3) the total of all contributions required under Section
11 15-157. An additional certified copy of each payroll
12 certified by each employer shall be forwarded along with the
13 original payroll to the Director of Central Management
14 Services, State Comptroller, and other officer receiving the
15 original certified payroll for transmittal to the board.
16 (b) Each employer, in drawing warrants or checks against
17 trust or federal funds for items of salary on payroll
18 vouchers certified by employers, shall draw such warrants or
19 checks to participating employees for the amount of cash
20 salary or wages specified for the period, and shall draw a
21 warrant or check to this system for the total of the
22 contributions required under Section 15-157. The warrant or
23 check drawn to this system, together with the additional copy
24 of the payroll supplied by the employer, shall be transmitted
25 immediately to the board.
26 (c) The City of Champaign and the City of Urbana, as
27 employers of persons who participate in this System pursuant
28 to subsection (h) of Section 15-107, shall each collect and
29 transmit to the System from each payroll the employee
30 contributions required under Section 15-157, together with
31 such payroll documentation as the Board may require, at the
32 time that the payroll is paid.
33 (Source: P.A. 90-576, eff. 3-31-98.)
SB283 Engrossed -67- LRB9101118DHmgA
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)
SB283 Engrossed -69- LRB9101118DHmgA
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.
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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
SB283 Engrossed -71- LRB9101118DHmgA
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.
SB283 Engrossed -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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