HB3719 93rd General Assembly


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 1        AN ACT concerning public safety.

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

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Illinois Public Safety Act.

 6        Section  5.  Intention.   It  is  the  intention  of  the
 7    General  Assembly  to  assure  the residents of Illinois that
 8    public safety and quality of life issues are critical to  the
 9    welfare  of  Illinois and will provide maximum protection and
10    safety to the citizens and visitors of this State  through  a
11    State   monetary  supplement  for  local  public  safety  and
12    community policing initiatives.

13        Section 10.  Purpose.  The purpose  of  this  Act  is  to
14    prevent,  combat,  and  reduce  crime  and  violence  at  the
15    community  level  in  Illinois;  to  improve  and support the
16    cooperative  effort  between   police   agencies,   community
17    organizations,    educational    institutions,    faith-based
18    organizations,  community governments, and other governmental
19    agencies. It is dedicated  to  enhancing  the  capacities  of
20    citizens, police, communities, and other agencies in building
21    safer and healthier communities in Illinois.

22        Section 15.  Definitions.  As used in this Act:
23        (a)  "Institute"   means   the   Regional  Institute  for
24    Community Policing (RICP) and its existing staff.
25        (b)  "Advisory board" means the  Illinois  Public  Safety
26    Advisory  Board, established within the authority of this Act
27    and to be built upon the already existing Regional  Institute
28    for Community Policing Governing Board.
29        (c)  "Trust  Fund"  means the Public Safety Program Trust
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 1    Fund.

 2        Section 20.  Public Safety Program Trust Fund.  There  is
 3    hereby  established  the  Public  Safety  Program  Trust Fund
 4    consisting of an insurance premium surcharge of $1.30 on  all
 5    property   owner  insurance  policies,  both  commercial  and
 6    residential, sold in Illinois and  any  other  proceeds  that
 7    accrue  to  this fund. Any other funds, gifts, or grants made
 8    available to the State for distribution  to  local  units  of
 9    government in accordance with the provisions of this Act also
10    shall be made a part of this fund.

11        Section   25.  Distribution.   Subject   to   the   other
12    provisions  of  this  Act,  moneys in the Trust Fund shall be
13    distributed as follows:
14        Governor's Emergency Disaster Relief Fund, 23%; and
15        Regional Institute for Community Policing (RICP), 77%.

16        Section 30.  Trust account. All moneys remaining in  this
17    fund  on  July  1,  2004, and deposited thereafter, including
18    earnings from their  investment,  shall  be  deemed  a  trust
19    account.

20        Section  35.  Governor's  Emergency Disaster Relief Fund.
21    The Governor's Emergency Disaster Relief Fund is to be funded
22    up to a maximum based on per capita figure  of  $12  million.
23    This  fund  shall  be  utilized to fill the gap between State
24    declaration and presidential disaster declaration, for use at
25    localities, cities, counties, and townships. This fund is not
26    to reimburse  individuals,  but  rather  to  reimburse  local
27    governmental  entities  up  to  50%  of  their  losses from a
28    declared disaster.

29        Section 40.  Application for funds.  Each local  unit  of
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 1    government  that  meets  the  following requirements shall be
 2    eligible to apply for funds from the Public Safety Trust Fund
 3    Program:
 4             (1)  Requires police departments to demonstrate  the
 5        principles   of  community  policing  through  pro-active
 6        problem solving, building collaborative partnerships with
 7        the  community  and  creating  non-traditional  ways   of
 8        responding to crime and violence.
 9             (2)  Requires  positive and productive relationships
10        between  elected  officials  and  the   law   enforcement
11        personnel they support.
12             (3)  Requires  police  agencies  to provide training
13        through the Institute for officers from each  department,
14        on the subject of insurance fraud detection.
15             (4)  Requires  compliance  with transmission of data
16        and  ideas  to  the  statewide  IMAGINE  Database  record
17        system.
18             (5)  Requires compliance with all provisions of  law
19        applicable to local police.
20             (6)  Requires  participation  in  the  Illinois  Law
21        Enforcement  Alarm System as proposed by the Illinois Law
22        Enforcement Terrorism Task Force.
23             (7)  Requires compliance with all  reasonable  rules
24        and  regulations, appropriate to the size and location of
25        the local police department, required to  facilitate  the
26        administration  of  the  fund and further the purposes of
27        this Act.
28             (8)  Provided,  however,  that  no  local  unit   of
29        government  that meets the criteria of this Section shall
30        be eligible to continue sharing in  the  distribution  of
31        funds  from  the  Public Safety Trust Fund Program unless
32        the local police department actually begins and continues
33        to  comply  with  the  requirements  of   this   Section;
34        provided,  further,  that no local unit shall be eligible
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 1        to share in the distribution of  funds  from  the  Public
 2        Safety   Trust   Fund  Program  until  the  local  police
 3        department has substantially  complied  with  subsections
 4        (1) through (7) of this Section.

 5        Section  45.  The  Illinois Public Safety Advisory Board.
 6    There is hereby created  within  the  Institute  an  Illinois
 7    Public  Safety Advisory Board, the foundation of which is the
 8    already existing 11 member Regional Institute  for  Community
 9    Policing  Governing  Board,  which shall exercise its powers,
10    duties, and responsibilities independently of  the  Institute
11    and  its  Governing Board. In addition to members of the RICP
12    Governing Board, the Board shall consist of the  Director  of
13    the  RICP,  the  Illinois  Attorney  General or designee, the
14    Executive Director  of  the  Illinois  Chiefs  of  Police  or
15    designee,  the  Executive  Director of the Illinois Sheriff's
16    Association  or  designee,  the  Executive  Director  of  the
17    Illinois Municipal League or designee, the Illinois Insurance
18    Association, and 2 members at-large who shall be appointed by
19    the  Director  of  the  Regional  Institute   for   Community
20    Policing.  Members  at-large shall possess community policing
21    expertise or successful community  collaboration  experience.
22    The Advisory Board shall consist of 19 members.
23        The  Advisory Board from time to time shall designate the
24    Chair of the Advisory Board from the membership. All  members
25    of  the  Advisory Board appointed by the Advisory Board shall
26    serve at the discretion of the Board for a term not to exceed
27    4 years. The initial appointed members of the Advisory  Board
28    shall  serve from June 1, 2003 until the third Monday in June
29    2007 or until they are reappointed or  their  successors  are
30    appointed. The Advisory Board shall meet at least quarterly.

31        Section 50.  Compensation.  Members of the Advisory Board
32    shall  serve  without  compensation.  All  members  shall  be
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 1    reimbursed  for  reasonable  expenses  incurred in connection
 2    with their duties.

 3        Section 55.  Staff.  The Director of the Institute  shall
 4    employ such administrative, professional, clerical, and other
 5    personnel  as  may be required and may organize that staff as
 6    may be appropriate to effectuate the purposes of this Act.

 7        Section 60.  Advisory  Board;  powers  and  duties.   The
 8    Advisory  Board, as a whole, shall have the following powers,
 9    duties, and responsibilities:
10        (a)  To provide  guidance  related  to  the  creation  of
11    policies  that  define  and  focus responsibilities among the
12    board, the management, and the staff. The policies should  be
13    reviewed annually.
14        (b)  To   make   significant   and   strategic  decisions
15    concerning the Institute's vision, mission, and strategies.
16        (c)  To  oversee,  not  manage,  the  activities  of  the
17    Institute  to  include   management   activities,   financial
18    activities, and quality activities.
19        (d)  To  provide resources, expertise, and support to the
20    Institute.
21        (e)  To  establish   ethical   standards,   values,   and
22    compliance.
23        (f)  To  elect  officers of the Board: Chair, Vice-Chair,
24    and Secretary.
25        (g)  To establish such committees as  necessary  for  the
26    purpose of the Board.
27        (h)  To  attend  regular  quarterly  meetings and special
28    meetings of the Board.

29        Section 65.  Institute; powers and duties.  The Institute
30    shall   have    the    following    powers,    duties,    and
31    responsibilities:
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 1        (a)  To apply for, solicit, receive, establish priorities
 2    for,  allocate,  disburse, contract for, and spend funds that
 3    are made available  to  the  Institute  from  any  source  to
 4    effectuate the purposes of this Act.
 5        (b)  To make grants available to and to provide financial
 6    support  for  federal  and  State  agencies,  units  of local
 7    government, corporations, and  neighborhood,  community,  and
 8    business  organizations  to  effectuate  the purposes of this
 9    Act.
10        (c)  To assess the scope of  the  problem  of  crime  and
11    community  safety,  including  particular  areas of the State
12    where the problem is  the  greatest  and  to  conduct  impact
13    analyses  of  State  and  local  criminal  justice  policies,
14    programs, plans, and methods for combating the problem.
15        (d)  To   develop   and  sponsor  the  implementation  of
16    statewide plans and strategies to combat crime  and  violence
17    and  to  improve  the administration of community safety laws
18    and provide an effective forum for identification of critical
19    problems associated with community crime and violence.
20        (e)  To  coordinate  the   development,   adoption,   and
21    implementation   of   plans   and   strategies   relating  to
22    interagency or intergovernmental cooperation with respect  to
23    community safety.
24        (f)  To     provide     specific    homeland    security,
25    anti-terrorism response training to individuals who serve  as
26    part   of   a  specifically  designated  team  responding  to
27    catastrophic events anywhere in Illinois.
28        (g)  To   evaluate   grantee   activities   through   the
29    examination of short  term  goals  and  long  term  outcomes,
30    designing  measurable  outputs  resulting in the quantitative
31    accountability of grant funding.
32        (h)  To promulgate the rules or regulations necessary  to
33    ensure   that  appropriate  agencies,  units  of  government,
34    private organizations, and combinations thereof are  included
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 1    in  the development and implementation of strategies or plans
 2    adopted pursuant to this  Act  and  to  promulgate  rules  or
 3    regulations  as  may otherwise be necessary to effectuate the
 4    purposes of this Act.
 5        (i)  To  report  biannually  to  the  Governor,   General
 6    Assembly, and, upon request, to members of the general public
 7    on the Institute's activities in the preceding years.
 8        (j)  To  exercise  any  other powers that are reasonable,
 9    necessary, or convenient to fulfill its responsibilities,  to
10    carry  out  and  to effectuate the objectives and purposes of
11    the Institute and the provisions of this Act, and  to  comply
12    with  the requirements of applicable federal or State laws or
13    regulations; provided, however, that such  powers  shall  not
14    include the power to subpoena or arrest.

15        Section 70.  Trust Fund.
16        (a)  A  trust fund is created in the State Treasury known
17    as the Illinois Public Safety  Trust  Fund,  which  shall  be
18    administered by the Director of the Institute with the advice
19    and  support  of the Advisory Board. All interest earned from
20    the investment or deposit of moneys accumulated in the  Trust
21    Fund shall be deposited into the Trust Fund.
22        (b)  Money  deposited  in  this  Trust  Fund shall not be
23    considered general revenue of the State of Illinois.
24        (c)  Money deposited in the Trust Fund shall be used only
25    to enhance efforts to effectuate the purposes of this Act  as
26    determined   by   the   Advisory   Board  and  shall  not  be
27    appropriated, loaned, or in any  manner  transferred  to  the
28    General  Revenue Fund of the State of Illinois or any elected
29    official of the State of Illinois.
30        (d)  Prior to April 1, 2004, and prior to April 1 of each
31    year thereafter, each insurer engaged  in  writing  property,
32    homeowners, and renters insurance coverage under the Illinois
33    Insurance  Code,  as a condition of its authority to transact
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 1    business in this State, must collect and pay into  the  Trust
 2    Fund  an amount equal to $1.30, or a lesser amount determined
 3    by the Advisory Board.
 4        (e)  Money  in  the  Trust  Fund  shall  be  expended  as
 5    follows:
 6             (1)  If so deemed by the Advisory Board, to pay  the
 7        learning  institution  indirect  costs  to administer the
 8        Institute and the Advisory Board, but for this purpose in
 9        an amount not to exceed 10% in any one fiscal year of the
10        amount  collected  pursuant  to  paragraph  (d)  of  this
11        Section in that same fiscal year.
12             (2)  To achieve the purposes and objectives of  this
13        Act,  which  may  include,  but  not  be  limited to, the
14        following:
15                  (A)  To  provide  financial  support   to   law
16             enforcement,    community    organizations,    local
17             government  bodies,  prosecutors,  and the judiciary
18             for programs designed to reduce community crime  and
19             violence   and  to  improve  the  administration  of
20             insurance fraud laws.
21                  (B)  To provide financial support  for  federal
22             and  State  agencies,  units  of  local  government,
23             corporations,   and   neighborhood,   community,  or
24             business  organizations  for  programs  designed  to
25             reduce community crime and violence and  to  improve
26             the administration of insurance fraud laws.
27                  (C)  To  provide  financial  support to conduct
28             programs designed to inform owners  and  renters  of
29             property  about  the  financial  and social costs of
30             deteriorating  or  abandoned  community  areas   and
31             insurance  fraud  and  to  suggest  to  those owners
32             methods for preventing community crime and violence.
33                  (D)  To provide financial support for plans and
34             programs designed to achieve  the  purpose  of  this
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 1             Act.
 2        (f)  Insurers  contributing  to  the  Trust  Fund  have a
 3    property interest in the unexpended money in the Trust  Fund,
 4    which property interest shall not be retroactively changed or
 5    extinguished by the General Assembly.
 6        (g)  In  the event the Trust Fund were to be discontinued
 7    or the Institute were to be dissolved by act of  the  General
 8    Assembly  or  by  operation of law, then, notwithstanding the
 9    provisions of any other law, any  balance  remaining  therein
10    shall  be  returned  to  the  insurers  writing  private  and
11    business  property,  renters,  and  homeowners  insurance  in
12    proportion to their financial contributions to the Trust Fund
13    and  any  assets  of  the  Institute  shall be liquidated and
14    returned in the same manner after deduction of administrative
15    costs.