Full Text of HB5864 98th General Assembly
HB5864ham001 98TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5864
| 2 | | AMENDMENT NO. ______. Amend House Bill 5864 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Safety Agency Network Act | 5 | | is amended by changing Sections 15, 20, 30, and 35 as follows: | 6 | | (50 ILCS 752/15)
| 7 | | Sec. 15. Partnership established. A not-for-profit | 8 | | corporation to be known as "Illinois Public Safety Agency | 9 | | Network" shall be created. IPSAN shall be incorporated under | 10 | | the General Not for Profit Corporation Act of 1986 and shall be | 11 | | registered, incorporated, organized, and operated in | 12 | | compliance with the laws of this State. IPSAN shall not be a | 13 | | State agency but shall have statewide jurisdiction to fulfill | 14 | | the findings and purpose declared in Section 10 . The General | 15 | | Assembly determines, however, that public policy dictates that | 16 | | IPSAN operate in the most open and accessible manner consistent |
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| 1 | | with its public purpose. To this end, the General Assembly | 2 | | specifically declares that IPSAN and its Board and Advisory | 3 | | Committee shall adopt and adhere to the provisions of the | 4 | | General Not for Profit Corporation Act of 1986 and related | 5 | | regulations promulgated by the Secretary of State, the Open | 6 | | Meetings Act, the State Records Act, and the Freedom of | 7 | | Information Act.
IPSAN shall establish one or more corporate | 8 | | offices as determined by the Board.
| 9 | | (Source: P.A. 94-896, eff. 7-1-06.) | 10 | | (50 ILCS 752/20)
| 11 | | Sec. 20. Board of directors. IPSAN shall be governed by a | 12 | | board of directors. The IPSAN Board shall consist of 6 voting | 13 | | 14 members. Three members Nine of the members shall be voting | 14 | | members , 3 of whom shall be appointed by the Illinois Sheriffs' | 15 | | Association, and 3 members of whom shall be appointed by the | 16 | | Illinois Association of Chiefs of Police . To the extent | 17 | | practical, voting members should be active or retired chiefs of | 18 | | police or sheriffs, should represent Statewide interests of the | 19 | | Associations that appointed them, and should attend board | 20 | | meetings , and 3 of whom shall be appointed by the Illinois Fire | 21 | | Chiefs Association, all of those Associations consisting of | 22 | | representatives of criminal justice agencies that are the users | 23 | | of criminal justice information systems developed and operated | 24 | | for them by the Authority before the effective date of this Act | 25 | | or by the IPSAN on or after the effective date of this Act. |
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| 1 | | Voting members shall be appointed in such a fashion as to | 2 | | guarantee the representation of all 3 systems (ALERTS, ALECS, | 3 | | and PIMS) . The Director of Corrections, the Director of the | 4 | | Illinois Emergency Management Agency, the Director of the | 5 | | Illinois State Police, the Sheriff of Cook County, and the | 6 | | Superintendent of the Chicago Police Department, or the | 7 | | designee of each, may be invited by the board of directors to | 8 | | serve as shall be non-voting ex officio members. The Executive | 9 | | Director appointed under Section 30 of this Act shall serve as | 10 | | a non-voting ex-officio member of the board.
| 11 | | Members shall serve terms of one year at the pleasure of | 12 | | the Association making the appointment, but shall be eligible | 13 | | for re-appointment. Of the initial members appointed, 6 members | 14 | | shall serve 4-year terms and 3 members shall serve 2-year | 15 | | terms, as designated by the respective Associations. | 16 | | Thereafter, members appointed shall serve 4-year terms. A | 17 | | vacancy among members appointed shall be filled in the same | 18 | | manner as the original by appointment for the remainder of the | 19 | | vacated term.
| 20 | | Members of the Board shall receive no compensation but | 21 | | shall be reimbursed for reasonable expenses incurred in the | 22 | | performance of their duties. However, a board member who is a | 23 | | retired chief of police or retired sheriff may be entitled to | 24 | | reimbursement for services provided to or on behalf of IPSAN as | 25 | | may be appropriate.
| 26 | | The Board shall designate a temporary president chair of |
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| 1 | | the Board from among the members, who shall serve until a | 2 | | permanent president chair is elected by the Board of Directors. | 3 | | The Board shall meet at the call of the president, or as | 4 | | otherwise provided in the bylaws, rules, and policies of the | 5 | | board chair .
| 6 | | IPSAN shall comply with reporting requirements under the | 7 | | General Not for Profit Corporation Act of 1986 and related | 8 | | regulations promulgated by the Secretary of State. The | 9 | | Executive Director appointed under Section 30 of this Act shall | 10 | | have the authority to sign and file all required reports. | 11 | | Not less than 90 days after a majority of the members of | 12 | | the Board of Directors of the IPSAN are appointed, the Board | 13 | | shall develop a policy adopted by resolution of the Board | 14 | | stating the Board's plan for the use of services provided by | 15 | | businesses owned by minorities, females, and persons with | 16 | | disabilities, as defined under the Business Enterprise for | 17 | | Minorities, Females, and Persons with Disabilities Act. The | 18 | | Board shall provide a copy of this resolution to the Governor | 19 | | and the General Assembly upon its adoption.
| 20 | | On December 31 of each year, the Board shall report to the | 21 | | General Assembly and the Governor regarding the use of services | 22 | | provided by businesses owned by minorities, females, and | 23 | | persons with disabilities, as defined under the Business | 24 | | Enterprise for Minorities, Females, and Persons with | 25 | | Disabilities Act.
| 26 | | (Source: P.A. 94-896, eff. 7-1-06.) |
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| 1 | | (50 ILCS 752/30)
| 2 | | Sec. 30. Powers of the Board of Directors. The Board of | 3 | | Directors shall have the power to: | 4 | | (1) Secure funding for programs and activities of IPSAN | 5 | | from federal, State, local, and private sources and from | 6 | | fees charged for services and published materials; | 7 | | solicit, receive, hold, invest, and administer any grant . | 8 | | Such grants shall include federal and State grants for | 9 | | enhancements to public safety communications and | 10 | | management systems, and the promotion of interoperability | 11 | | between all public safety disciplines throughout the | 12 | | State; administer any , payment, or gift of funds or | 13 | | property; execute a note or notes and to execute a mortgage | 14 | | or trust deed to secure the payment of the same with real | 15 | | estate, or some part thereof, or personal property owned by | 16 | | the corporation. Proceeds of the note or notes may be used | 17 | | in the acquisition of personal property or of real estate | 18 | | or in the erection of improvements on such real estate; and | 19 | | make expenditures consistent with the powers granted to it. | 20 | | (2) Make and enter into contracts, agreements, and | 21 | | other instruments necessary or convenient for the exercise | 22 | | of its powers and to facilitate the use by the members of | 23 | | IPSAN of other criminal justice information systems and | 24 | | networks. | 25 | | (2.5) Purchase or lease either real or personal |
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| 1 | | property to be used for corporate purposes. Such purchases | 2 | | or leases shall be made through contracts that provide for | 3 | | the consideration for any such purchase or lease to be paid | 4 | | through installments to be made at stated intervals during | 5 | | a certain period of time. In no case shall such contracts | 6 | | provide for the consideration to be paid during a period of | 7 | | time in excess of 25 years. | 8 | | (3) Sue and be sued, and appear and defend in all | 9 | | actions and proceedings, in its corporate name to the same | 10 | | extent as a natural person. | 11 | | (4) Adopt, use, and alter a common corporate seal for | 12 | | IPSAN. | 13 | | (5) Elect, employ, or appoint officers and agents as | 14 | | its affairs require and allow them reasonable | 15 | | compensation. | 16 | | (6) Adopt, amend, and repeal bylaws and policies, not | 17 | | inconsistent with the powers granted to it or the articles | 18 | | of incorporation, for the administration of the affairs of | 19 | | IPSAN and the exercise of its corporate powers. | 20 | | (7) Acquire, enjoy, use, and dispose of patents, | 21 | | copyrights, and trademarks and any licenses, radio | 22 | | frequencies, royalties, and other rights or interests | 23 | | thereunder or therein. | 24 | | (8) Do all acts and things necessary or convenient to | 25 | | carry out the powers granted to it. | 26 | | (9) Appoint an Executive Director who shall serve as |
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| 1 | | the Chief Operations Officer of IPSAN and who shall direct | 2 | | and supervise the administrative affairs and activities of | 3 | | the Board and of IPSAN, in accordance with this Act and the | 4 | | Board's bylaws, rules, and policies.
| 5 | | (Source: P.A. 94-896, eff. 7-1-06.) | 6 | | (50 ILCS 752/35)
| 7 | | Sec. 35. Finances; audits; annual report. | 8 | | (a) (Blank). The current balance of the Criminal Justice | 9 | | Information Systems Trust Fund upon the effective date of this | 10 | | Act and all future moneys deposited into that Fund shall be | 11 | | promptly transferred to the IPSAN operating fund by the State | 12 | | Treasurer notwithstanding current obligations as determined by | 13 | | the IPSAN Board in cooperation with the Authority. | 14 | | (b) IPSAN may accept funds, grants, gifts, and services | 15 | | from the government of the United States or its agencies, from | 16 | | this State or its departments, agencies, or instrumentalities, | 17 | | from any other governmental unit, and from private and civic | 18 | | sources for the purpose of funding any projects authorized by | 19 | | this Act.
| 20 | | (c) (Blank). Services of personnel, use of equipment and | 21 | | office space, and other necessary services may be accepted from | 22 | | members of the Board as part of IPSAN's financial support. | 23 | | (d) The Board shall arrange for the annual financial audit | 24 | | of IPSAN by one or more independent certified public | 25 | | accountants in accordance with generally accepted accounting |
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| 1 | | principles. The annual audit results shall be included in the | 2 | | annual report required under subsection (e) of this Section. | 3 | | (e) IPSAN shall report annually on its activities and | 4 | | finances to the Governor and the members of the General | 5 | | Assembly.
| 6 | | (f) IPSAN shall comply with reporting requirements as | 7 | | prescribed in the General Not for Profit Corporation Act of | 8 | | 1986 and related regulations promulgated by the Secretary of | 9 | | State. | 10 | | (Source: P.A. 94-896, eff. 7-1-06.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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