Full Text of SB2137 94th General Assembly
SB2137enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Public Safety Agency Network Act. | 6 |
| Section 5. Definitions. As used in this Act, unless the | 7 |
| context requires otherwise: | 8 |
| "ALECS" means the Automated Law Enforcement Communications | 9 |
| System. | 10 |
| "ALERTS" means the Area-wide Law Enforcement Radio | 11 |
| Terminal System. | 12 |
| "Authority" means the Illinois Criminal Justice | 13 |
| Information Authority. | 14 |
| "Board" means the Board of Directors of Illinois Public | 15 |
| Safety Agency Network, Inc. | 16 |
| "IPSAN" or "Partnership" means Illinois Public Safety | 17 |
| Agency Network, Inc., the not-for-profit
entity incorporated | 18 |
| as provided in this Act. | 19 |
| "PIMS" means the Police Information Management System. | 20 |
| "Trust Fund" means the Criminal Justice Information | 21 |
| Systems Trust Fund. | 22 |
| Section 10. Findings; purpose. The General Assembly finds | 23 |
| that it is important to promote intergovernmental cooperation | 24 |
| between units of local government. Therefore, the purpose of | 25 |
| IPSAN is to continue the ALERTS, PIMS, and ALECS systems, which | 26 |
| have been developed by the Authority, through the | 27 |
| intergovernmental cooperation of local public safety agencies, | 28 |
| including sheriffs' offices, municipal police departments, and | 29 |
| firefighting agencies, which have been funded by local | 30 |
| taxpayers through user's fees since 1986. The General Assembly | 31 |
| also finds that development and future enhancements to public |
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| safety communications and management systems and the promotion | 2 |
| of interoperability between all public safety disciplines are | 3 |
| in the best of interest of the people of the State of Illinois. | 4 |
| Section 15. Partnership established. A not-for-profit | 5 |
| corporation to be known as "Illinois Public Safety Agency | 6 |
| Network" shall be created. IPSAN shall be incorporated under | 7 |
| the General Not for Profit Corporation Act of 1986 and shall be | 8 |
| registered, incorporated, organized, and operated in | 9 |
| compliance with the laws of this State. IPSAN shall not be a | 10 |
| State agency. The General Assembly determines, however, that | 11 |
| public policy dictates that IPSAN operate in the most open and | 12 |
| accessible manner consistent with its public purpose. To this | 13 |
| end, the General Assembly specifically declares that IPSAN and | 14 |
| its Board and Advisory Committee shall adopt and adhere to the | 15 |
| provisions of the Open Meetings Act, the State Records Act, and | 16 |
| the Freedom of Information Act.
IPSAN shall establish one or | 17 |
| more corporate offices as determined by the Board.
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| Section 20. Board of directors. IPSAN shall be governed by | 19 |
| a board of directors. The IPSAN Board shall consist of 14 | 20 |
| members. Nine of the members shall be voting members, 3 of whom | 21 |
| shall be appointed by the Illinois Sheriffs' Association, 3 of | 22 |
| whom shall be appointed by the Illinois Association of Chiefs | 23 |
| of Police, and 3 of whom shall be appointed by the Illinois | 24 |
| Fire Chiefs Association, all of those Associations consisting | 25 |
| of representatives of criminal justice agencies that are the | 26 |
| users of criminal justice information systems developed and | 27 |
| operated for them by the Authority before the effective date of | 28 |
| this Act or by the IPSAN on or after the effective date of this | 29 |
| Act. Voting members shall be appointed in such a fashion as to | 30 |
| guarantee the representation of all 3 systems (ALERTS, ALECS, | 31 |
| and PIMS). The Director of Corrections, the Director of the | 32 |
| Illinois Emergency Management Agency, the Director of the | 33 |
| Illinois State Police, the Sheriff of Cook County, and the | 34 |
| Superintendent of the Chicago Police Department, or the |
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| designee of each, shall be non-voting ex officio members.
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| Of the initial members appointed, 6 members shall serve | 3 |
| 4-year terms and 3 members shall serve 2-year terms, as | 4 |
| designated by the respective Associations. Thereafter, members | 5 |
| appointed shall serve 4-year terms. A vacancy among members | 6 |
| appointed shall be filled by appointment for the remainder of | 7 |
| the vacated term.
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| Members of the Board shall receive no compensation but | 9 |
| shall be reimbursed for reasonable expenses incurred in the | 10 |
| performance of their duties.
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| The Board shall designate a temporary chair of the Board | 12 |
| from among the members, who shall serve until a permanent chair | 13 |
| is elected by the Board of Directors. The Board shall meet at | 14 |
| the call of the chair.
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| Not less than 90 days after a majority of the members of | 16 |
| the Board of Directors of the IPSAN are appointed, the Board | 17 |
| shall develop a policy adopted by resolution of the Board | 18 |
| stating the Board's plan for the use of services provided by | 19 |
| businesses owned by minorities, females, and persons with | 20 |
| disabilities, as defined under the Business Enterprise for | 21 |
| Minorities, Females, and Persons with Disabilities Act. The | 22 |
| Board shall provide a copy of this resolution to the Governor | 23 |
| and the General Assembly upon its adoption.
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| On December 31 of each year, the Board shall report to the | 25 |
| General Assembly and the Governor regarding the use of services | 26 |
| provided by businesses owned by minorities, females, and | 27 |
| persons with disabilities, as defined under the Business | 28 |
| Enterprise for Minorities, Females, and Persons with | 29 |
| Disabilities Act. | 30 |
| Section 30. Powers of the Board of Directors. The Board of | 31 |
| Directors shall have the power to: | 32 |
| (1) Secure funding for programs and activities of IPSAN | 33 |
| from federal, State, local, and private sources and from fees | 34 |
| charged for services and published materials; solicit, | 35 |
| receive, hold, invest, and administer any grant, payment, or |
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| gift of funds or property; and make expenditures consistent | 2 |
| with the powers granted to it. | 3 |
| (2) Make and enter into contracts, agreements, and other | 4 |
| instruments necessary or convenient for the exercise of its | 5 |
| powers and to facilitate the use by the members of IPSAN of | 6 |
| other criminal justice information systems and networks. | 7 |
| (3) Sue and be sued, and appear and defend in all actions | 8 |
| and proceedings, in its corporate name to the same extent as a | 9 |
| natural person. | 10 |
| (4) Adopt, use, and alter a common corporate seal for | 11 |
| IPSAN. | 12 |
| (5) Elect, employ, or appoint officers and agents as its | 13 |
| affairs require and allow them reasonable compensation. | 14 |
| (6) Adopt, amend, and repeal bylaws and policies, not | 15 |
| inconsistent with the powers granted to it or the articles of | 16 |
| incorporation, for the administration of the affairs of IPSAN | 17 |
| and the exercise of its corporate powers. | 18 |
| (7) Acquire, enjoy, use, and dispose of patents, | 19 |
| copyrights, and trademarks and any licenses, radio | 20 |
| frequencies, royalties, and other rights or interests | 21 |
| thereunder or therein. | 22 |
| (8) Do all acts and things necessary or convenient to carry | 23 |
| out the powers granted to it. | 24 |
| (9) Appoint an Executive Director who shall serve as the | 25 |
| Chief Operations Officer of IPSAN and who shall direct and | 26 |
| supervise the administrative affairs and activities of the | 27 |
| Board and of IPSAN, in accordance with the Board's bylaws, | 28 |
| rules, and policies. | 29 |
| Section 35. Finances; audits; annual report. | 30 |
| (a) The current balance of the Criminal Justice Information | 31 |
| Systems Trust Fund upon the effective date of this Act and all | 32 |
| future moneys deposited into that Fund shall be promptly | 33 |
| transferred to the IPSAN operating fund by the State Treasurer | 34 |
| notwithstanding current obligations as determined by the IPSAN | 35 |
| Board in cooperation with the Authority. |
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| (b) IPSAN may accept funds, grants, gifts, and services | 2 |
| from the government of the United States or its agencies, from | 3 |
| this State or its departments, agencies, or instrumentalities, | 4 |
| from any other governmental unit, and from private and civic | 5 |
| sources for the purpose of funding any projects authorized by | 6 |
| this Act.
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| (c) Services of personnel, use of equipment and office | 8 |
| space, and other necessary services may be accepted from | 9 |
| members of the Board as part of IPSAN's financial support. | 10 |
| (d) The Board shall arrange for the annual financial audit | 11 |
| of IPSAN by one or more independent certified public | 12 |
| accountants in accordance with generally accepted accounting | 13 |
| principles. The annual audit results shall be included in the | 14 |
| annual report required under subsection (e) of this Section. | 15 |
| (e) IPSAN shall report annually on its activities and | 16 |
| finances to the Governor and the members of the General | 17 |
| Assembly. | 18 |
| Section 40. Advisory Committee. An Advisory Committee is | 19 |
| established for the benefit of IPSAN and its Board of Directors | 20 |
| in the performance of their powers, duties, and functions under | 21 |
| this Act. The Board shall provide for the number, | 22 |
| qualifications, and appointment of members of the Advisory | 23 |
| Committee. | 24 |
| Section 45. Employees. The Illinois Criminal Justice | 25 |
| Information Authority may establish a lease agreement program | 26 |
| under which IPSAN may hire any individual who, as of January 1, | 27 |
| 2006, is employed by the Illinois Criminal Justice Information | 28 |
| Authority or who, as of January 1, 2006, is employed by the | 29 |
| Office of the Governor and has responsibilities specifically in | 30 |
| support of a criminal justice information program. Under the | 31 |
| agreement, the employee shall retain his or her status as a | 32 |
| State employee but shall work under the direct supervision of | 33 |
| IPSAN. Retention of State employee status shall include the | 34 |
| right to participate in the State Employees Retirement System. |
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| The Department of Central Management Services and the Board | 2 |
| shall establish the terms and conditions of the lease | 3 |
| agreements. | 4 |
| Section 50. Other State programs. State executive branch | 5 |
| agencies shall consult with IPSAN in order to ensure the | 6 |
| interoperability of existing and future public safety | 7 |
| communication systems and criminal justice database programs | 8 |
| or networks authorized by law as of or after the effective date | 9 |
| of this Act. | 10 |
| Section 90. The Illinois Criminal Justice Information Act | 11 |
| is amended by changing Sections 7 and 9 as follows:
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| (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
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| Sec. 7. Powers and Duties. The Authority shall have the | 14 |
| following
powers, duties and responsibilities:
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| (a) To develop and operate comprehensive information | 16 |
| systems for the
improvement and coordination of all aspects | 17 |
| of law enforcement, prosecution
and corrections;
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| (b) To define, develop, evaluate and correlate State | 19 |
| and local programs
and projects associated with the | 20 |
| improvement of law enforcement and the
administration of | 21 |
| criminal justice;
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| (c) To act as a central repository and clearing house | 23 |
| for federal, state
and local research studies, plans, | 24 |
| projects, proposals and other information
relating to all | 25 |
| aspects of criminal justice system improvement and to | 26 |
| encourage
educational programs for citizen support of | 27 |
| State and local efforts to make
such improvements;
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| (d) To undertake research studies to aid in | 29 |
| accomplishing its purposes;
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| (e) To monitor the operation of existing criminal | 31 |
| justice information
systems in order to protect the | 32 |
| constitutional rights and privacy of
individuals about | 33 |
| whom criminal history record information has been |
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| collected;
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| (f) To provide an effective administrative forum for | 3 |
| the protection of
the rights of individuals concerning | 4 |
| criminal history record information;
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| (g) To issue regulations, guidelines and procedures | 6 |
| which ensure the privacy
and security of criminal history | 7 |
| record information
consistent with State and federal laws;
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| (h) To act as the sole administrative appeal body in | 9 |
| the State of
Illinois to conduct hearings and make final | 10 |
| determinations concerning
individual challenges to the | 11 |
| completeness and accuracy of criminal
history record | 12 |
| information;
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| (i) To act as the sole, official, criminal justice body | 14 |
| in the State of
Illinois to conduct annual and periodic | 15 |
| audits of the procedures, policies,
and practices of the | 16 |
| State central repositories for criminal history
record | 17 |
| information to verify compliance with federal and state | 18 |
| laws and
regulations governing such information;
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| (j) To advise the Authority's Statistical Analysis | 20 |
| Center;
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| (k) To apply for, receive, establish priorities for, | 22 |
| allocate, disburse
and spend grants of funds that are made | 23 |
| available by and received on or
after January 1, 1983 from | 24 |
| private sources or from the United States pursuant
to the | 25 |
| federal Crime Control Act of 1973, as amended, and similar | 26 |
| federal
legislation, and to enter into agreements with the | 27 |
| United States government
to further the purposes of this | 28 |
| Act, or as may be required as a condition
of obtaining | 29 |
| federal funds;
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| (l) To receive, expend and account for such funds of | 31 |
| the State of Illinois
as may be made available to further | 32 |
| the purposes of this Act;
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| (m) To enter into contracts and to cooperate with units | 34 |
| of general local
government or combinations of such units, | 35 |
| State agencies, and criminal justice
system agencies of | 36 |
| other states for the purpose of carrying out the duties
of |
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| the Authority imposed by this Act or by the federal Crime | 2 |
| Control Act
of 1973, as amended;
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| (n) To enter into contracts and cooperate with units of | 4 |
| general local
government outside of Illinois, other | 5 |
| states' agencies, and private
organizations outside of | 6 |
| Illinois to provide computer software or design
that has | 7 |
| been developed for the Illinois criminal justice system, or | 8 |
| to
participate in the cooperative development or design of | 9 |
| new software or
systems to be used by the Illinois criminal | 10 |
| justice system. Revenues
received as a result of such | 11 |
| arrangements shall be deposited in the
Criminal Justice | 12 |
| Information Systems Trust Fund.
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| (o) To establish general policies concerning criminal | 14 |
| justice information
systems and to promulgate such rules, | 15 |
| regulations and procedures as are
necessary to the | 16 |
| operation of the Authority and to the uniform consideration
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| of appeals and audits;
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| (p) To advise and to make recommendations to the | 19 |
| Governor and the General
Assembly on policies relating to | 20 |
| criminal justice information systems;
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| (q) To direct all other agencies under the jurisdiction | 22 |
| of the Governor
to provide whatever assistance and | 23 |
| information the Authority may lawfully
require to carry out | 24 |
| its functions;
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| (r) To exercise any other powers that are reasonable | 26 |
| and necessary to
fulfill the responsibilities of the | 27 |
| Authority under this Act and to comply
with the | 28 |
| requirements of applicable federal law or regulation;
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| (s) To exercise the rights, powers and duties which | 30 |
| have been vested
in the Authority by the "Illinois Uniform | 31 |
| Conviction Information Act",
enacted by the 85th General | 32 |
| Assembly, as hereafter amended; and
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| (t) To exercise the rights, powers and duties which | 34 |
| have been vested
in the Authority by the Illinois Motor | 35 |
| Vehicle Theft Prevention Act ; and .
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| (u) To exercise the rights, powers, and duties vested |
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| in the Authority by the Illinois Public Safety Agency | 2 |
| Network Act. | 3 |
| The requirement for reporting to the General Assembly shall | 4 |
| be satisfied
by filing copies of the report with the Speaker, | 5 |
| the Minority Leader and
the Clerk of the House of | 6 |
| Representatives and the President, the Minority
Leader and the | 7 |
| Secretary of the Senate and the Legislative Research
Unit, as | 8 |
| required by Section 3.1 of "An Act to revise the law in | 9 |
| relation
to the General Assembly", approved February 25, 1874, | 10 |
| as amended, and
filing such additional copies with the State | 11 |
| Government Report Distribution
Center for the General Assembly | 12 |
| as is required under paragraph (t) of
Section 7 of the State | 13 |
| Library Act.
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| (Source: P.A. 85-922; 86-1408.)
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| (20 ILCS 3930/9) (from Ch. 38, par. 210-9)
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| Sec. 9. Criminal Justice Information Systems Trust Fund. | 17 |
| The special
fund in the State Treasury known as the Criminal | 18 |
| Justice Information Systems
Trust Fund shall be funded in part | 19 |
| from users' fees collected from
criminal justice agencies that | 20 |
| are the users of information systems developed
and operated for | 21 |
| them by the Authority.
The users' fees shall be based on pro | 22 |
| rated shares according to the share
of operating cost that is | 23 |
| attributed to each agency, as determined
by the Authority. | 24 |
| Prior to the effective date of the Illinois Public Safety | 25 |
| Agency Network Act, the
The General Assembly shall make an | 26 |
| appropriation from
the Criminal Justice Information Systems | 27 |
| Trust Fund for the operating expenses
of the Authority incident | 28 |
| to providing the services described in this Section. On and | 29 |
| after the effective date of the Illinois Public Safety Agency | 30 |
| Network Act, distributions from the Fund shall be made as | 31 |
| provided in that Act.
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| (Source: P.A. 86-1227.)
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| Section 93. Severability. The provisions of this Act are | 34 |
| severable under Section 1.31 of the Statute on Statutes. |
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| Section 95. The State Property Control Act is amended by | 2 |
| adding Section 7.6 as follows: | 3 |
| (30 ILCS 605/7.6 new)
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| Sec. 7.6. Illinois Public Safety Agency Network. | 5 |
| Notwithstanding any other provision of this Act or any other | 6 |
| law to the contrary, the administrator and the Illinois | 7 |
| Criminal Justice Information Authority are authorized under | 8 |
| this Section to transfer to the Illinois Public Safety Agency | 9 |
| Network, from the Illinois Criminal Justice Information | 10 |
| Authority, all contractual personnel, books, records, papers, | 11 |
| documents, property, both real and personal, and pending | 12 |
| business in any way pertaining to the operations of the ALERTS, | 13 |
| ALECS, and PIMS systems managed by the Authority including, but | 14 |
| not limited to, radio frequencies, licenses, software, | 15 |
| hardware, IP addresses, proprietary information, code, and | 16 |
| other required information and elements necessary for the | 17 |
| successful operation, future development, and transition of | 18 |
| the systems.
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| Section 99. Effective date. This Act takes effect July 1, | 20 |
| 2006.
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