Illinois General Assembly - Full Text of HB2978
Illinois General Assembly

Previous General Assemblies

Full Text of HB2978  93rd General Assembly

HB2978 93rd General Assembly


093_HB2978

 
                                     LRB093 06819 MBS 06964 b

 1        AN ACT concerning corporate officers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The General Not For Profit Corporation Act of
 5    1986 is amended by adding Section 102.13 as follows:

 6        (805 ILCS 105/102.13 new)
 7        Sec. 102.13. Criminal history check; fingerprints.
 8        (a)  For  the purpose of this Section, "Department" means
 9    the Department of State Police.
10        (b)  If  the  articles  of  incorporation  are  for   the
11    incorporation  of  a  corporation having a purpose of working
12    with or for the benefit of youths, there shall be annexed  to
13    the articles of incorporation 2 sets of fingerprints for each
14    director  of that corporation, for the purpose of determining
15    the criminal history of that director, in the form and manner
16    that shall be specified by the Department  of  State  Police,
17    but in any event, no less than 2 digit imprints.
18        (c)  Every  set  of  fingerprints  annexed to articles of
19    incorporation pursuant to  this  Section  shall  be  promptly
20    submitted to the Department.
21        (d)  The  first  set  of  fingerprints  received  by  the
22    Department  shall  be  used to identify the individual and to
23    conduct a criminal history record search of the  Department's
24    State  files  to determine whether or not that individual has
25    been convicted of a Class 4 felony in this State.
26        (e)  The Department shall forward the second set of  that
27    individual's   fingerprints   to   the   Federal   Bureau  of
28    Investigation  for  the  purpose  of  a  nationwide  criminal
29    history record check to determine whether that individual has
30    been convicted of a criminal offense in any state or  federal
31    jurisdiction  that,  if  the individual had been convicted in
 
                            -2-      LRB093 06819 MBS 06964 b
 1    Illinois, would have constituted a Class  4  felony  in  this
 2    State.
 3        (f)  The  Department  shall promptly transmit the reports
 4    of the State and nationwide criminal records searches to  the
 5    Secretary of State.
 6        (g)  Each   director   of   a  corporation  described  in
 7    subsection (b) shall sign a release authorizing the Secretary
 8    of State  to  submit  that  director's  fingerprints  to  the
 9    Department and to receive the results of the criminal history
10    record  searches  supplied  by the Department and the Federal
11    Bureau of Investigation.
12        (h)  Each director shall, in advance, make payment to the
13    Department of any fee authorized by law  that  is  reasonably
14    related  to  the  cost of conducting the searches required by
15    this Section.
16        (i)  The Secretary of State and  the  Director  of  State
17    Police  are  authorized  to  adopt  all  rules  necessary  or
18    convenient to implement the provisions of this Section.