(65 ILCS 97/1)
Sec. 1.
Short title.
This Act may be cited as the
Neighborhood Security Patrol Act.
(Source: P.A. 88-439.)
|
(65 ILCS 97/5)
Sec. 5.
Purpose.
The purpose of a neighborhood security patrol program is
to guarantee a greater sense of safety and security by employing private
security patrols to assist and supplement the services performed by the local
law enforcement agencies. The security patrols may be armed under Section 15
of this Act. The security patrols shall not have the powers of arrest, but
shall act within allowable legal limits (including the power to detain for
police arrest). The security patrols shall be completely liable for their
actions, indemnifying the municipality and county, the sponsoring organization,
and all participants. The security patrols shall be available to the entire
community through a dispatch telephone number and shall be directly accountable
to the community through its governing commission. The governing commission
shall establish guidelines, such as the hours of service, the areas of focus,
and the procedures for bidding for the patrols.
(Source: P.A. 88-439.)
|
(65 ILCS 97/10)
Sec. 10.
Definitions.
As used in this Act:
"Community organization" means a not-for-profit organization which has been
registered with this State for at least 5 years as a not-for-profit
organization, which qualifies for tax exempt status under Section 501(c)(3)
or 501(c)(4) of the United States Internal Revenue Code of 1986, as now or
hereafter amended, which continuously maintains an office or business location
within the territory of a program together with a current listed telephone
number, and a majority of whose members reside within the territory of a
program.
"Governing commission" means the 7 member governing body which is authorized
by voter approval of the creation of a neighborhood security patrol program
as provided in this Act and which is appointed by the mayor of the
municipality in which the program has been approved with the approval of
the city council, all of whom, except one, shall be appointed from a list or
lists of nominees submitted by a community organization or community
organizations as defined in this Act.
"Security fund" means the funds collected under this Act for the purpose of
providing and administering private security patrols within the territory of a
program.
"Security firm" means any private company licensed by the State of Illinois
to provide security services, whose employees have all been registered and
licensed by the State, and which carries sufficient insurance to cover claims
against the firm, indemnifying the municipality, county, sponsoring
organization, and all participants.
"Pilot Project Area" means the territory within the boundaries of the
Southwest Guaranteed Home Equity Program.
"Program" means the neighborhood security patrol program governed by a
specific neighborhood security patrol commission.
"Program guidelines" means those policies, rules, regulations, and
bylaws established from time to time by the governing commission to
explain, clarify, or modify the program in order to fulfill its goals
and objectives.
(Source: P.A. 88-439.)
|
(65 ILCS 97/15)
Sec. 15.
Creation of Commission.
(a) Whenever, within the Pilot Project Area, the question of creating a
neighborhood security patrol program within a contiguous territory consisting
of at least 10 precincts included entirely within the Pilot Project Area is
initiated by resolution or ordinance of the corporate authorities of the
municipality or by a petition signed by not less than 10% of the total number
of registered voters of each precinct in the territory, the registered voters
of which are eligible to sign the petition, it shall be the duty of the
election authority having jurisdiction over the municipality to submit the
question of creating a neighborhood security patrol program to the electors of
each precinct within the territory at the regular election specified in the
resolution, ordinance or petition initiating the question. If the question is
initiated by petition and if the requisite number of signatures is not obtained
in one or more of the precincts included within the territory described in the
petition, then the petition shall be valid as to the territory encompassed by
those precincts for which the requisite number of signatures is obtained and
any such precinct for which the requisite number of signatures is not obtained
shall be excluded from the territory. A petition initiating a question
described in this Section shall be filed with the election authority having
jurisdiction over the municipality. The petition shall be filed and objections
thereto shall be made in the manner provided in the general election law. A
resolution, ordinance, or petition initiating a question described in this
Section shall specify the election at which the question is to be submitted.
The referendum on such question shall be held in accordance with general
election law. The question, and the resolution, ordinance, or petition
initiating the question, shall include a description of the territory, the name
of the proposed neighborhood security patrol program, the maximum rate at which
the neighborhood security patrol program shall be able to levy a property tax,
and whether the security patrols shall be armed. All of that area within the
geographic boundaries of the territory described in the question shall be
included in the program, and no area outside the geographic boundaries of the
territory described in such question shall be included in the program. If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the question, which shall be prominently
displayed in the polling place of each precinct in which the question is to be
submitted.
(b) Whenever a majority of the voters on such public question approve the
creation of a neighborhood security patrol program as certified by the proper
election authorities, the mayor of the municipality shall within 60 days after
certification appoint, with the consent of the corporate authorities, 7
individuals, to be known as commissioners, to serve as the governing body of
the neighborhood security patrol program. The mayor shall choose one individual
at his discretion to serve on the governing commission and 6 individuals from
nominees submitted by a community organization or community organizations as
defined in this Act. Nominations shall be submitted to the mayor within 30 days
after certification. If the appointments are not made by the mayor within 60
days after certification, the Governor shall appoint the commissioners with the
advice and consent of the Senate. A community organization may recommend up to
20 individuals to serve on a governing commission.
No fewer than 5 commissioners serving at any one time shall reside
within the territory of the program.
Upon creation of a governing commission, the terms of the initial
commissioners shall be as follows: 4, including the individual appointed at
the mayor's discretion, shall serve for one year and 3 shall serve for 2 years
and until a successor is appointed and qualified. All succeeding terms shall
be for 2 years, or until a successor is appointed and qualified. No
commissioner may serve more than 2 consecutive terms, except that the 4 initial
commissioners who serve an initial one year term may serve 3 consecutive terms.
Commissioners shall serve without compensation except for reimbursement for
reasonable expenses incurred in the performance of duties as a commissioner. A
vacancy in the office of a member of a commission shall be filled in like
manner as an original appointment.
All proceedings and meetings of the governing commission shall be
conducted in accordance with the provisions of the Open Meetings Act.
(Source: P.A. 88-439.)
|
(65 ILCS 97/20)
Sec. 20.
Additional precinct.
(a) If the creation of an existing program was initiated by
petition and if a precinct was excluded from the territory because the
requisite number of signatures was not obtained as provided in subsection
(a) of Section 15, the excluded precinct may be added to the territory of
the program as provided in this Section.
(b) If a petition signed by not less than 10% of the total number of
registered voters of the precinct is filed with the proper election
authority, and if the governing commission consents, by ordinance or
resolution, to adding the excluded precinct to the territory of the
program, the election authority shall submit the question of adding the
excluded precinct to the territory of the program to the electors of the
excluded precinct at the regular election specified in the petition. The
petition shall be filed and objections made, and the referendum shall be
conducted, as provided in the general election law. The petition and the
question submitted to referendum shall describe the precinct, identify the
program to which the precinct is proposed to be added, and state the
maximum rate at which the program shall be authorized to levy a property tax,
which rate shall be the same as the existing maximum rate for the program.
(c) If a majority of the electors of the precinct voting on the question
are in favor of adding the precinct to the program, the precinct shall be
part of the territory of the program.
(Source: P.A. 88-439.)
|
(65 ILCS 97/25)
Sec. 25.
Duties and Functions of Commission.
The duties and functions
of the governing commission of a program shall include the following:
(a) To establish policies, rules, regulations, bylaws, and procedures
for both the governing commission and the program. No policies, rules,
regulations, or bylaws shall be adopted by the governing commission
without prior notice to the residents of the territory of a program and an
opportunity for such residents to be heard.
(b) To provide annual status reports on the program to the mayor and
corporate authorities of the municipality, to provide an assessment to
the General Assembly on the feasibility of expanding this Act beyond the Pilot
Project Area, and to hold a minimum of one public meeting per year within
the territory to provide a status report and to receive community input.
(c) To manage, administer, and invest the security fund.
(d) To employ necessary personnel, acquire necessary office space, enter
into contractual relationships and disburse funds in accordance with the
provisions of this Act.
(e) To establish criteria and standards necessary for an open bidding
process for hiring a security firm to perform patrol services and to oversee
the contract with the security firm.
(f) To purchase and maintain sufficient insurance against liabilities and
losses.
(g) To perform such other functions in connection with the program and
the security fund as required under this Act.
(Source: P.A. 88-439.)
|
(65 ILCS 97/30)
Sec. 30.
Security Fund.
(a) Each governing commission and program created by referendum under this
Act shall maintain a security fund for the purposes of paying the costs of
administering the program and carrying out its duties under this Act, subject
to the limitations and procedures set forth in this Act.
(b) The security fund shall be raised by means of an annual tax levied
on all property within the territory of the program. The rate of this tax may
be changed from year to year by majority vote of the governing commission but
in no case shall it exceed a rate of 0.41% of the equalized assessed valuation
of all property in the territory of the program, or the maximum tax rate
approved by the voters of the territory. The commissioners shall cause the
amount to be raised by taxation in each year to be certified to the county
clerk in the manner provided by law, and any tax so levied and certified shall
be collected and enforced in the same manner and by the same officers as those
taxes for the purposes of the county and city within which the territory of the
commission is located. Any such tax, when collected, shall be paid over to the
proper officer of the commission who is authorized to receive and receipt for
such tax. The governing commission may issue tax anticipation warrants against
the taxes to be assessed for the calendar year in which the program is created
and for the first full calendar year after the creation of the program.
(c) Wherever the question of increasing the annual tax levy on all property
within the territory is initiated by a petition signed by not less than 10% of
the total number of registered voters of each precinct in the territory, the
registered voters of which are eligible to sign the petition, it shall be the
duty of the election authority having jurisdiction over the municipality to
submit the question of increasing the annual tax on all property within the
territory to the electors of each precinct within the territory at the regular
election specified in the petition initiating the question. A petition
initiating a question described in this Section shall be filed with the
election authority having jurisdiction over the municipality. The petition
shall be filed and objections thereto shall be made in the manner provided in
the general election law. A petition initiating a question described in this
Section shall specify the election at which the question is to be submitted.
The referendum or such question shall be held in accordance with general
election law. The question, and the petition initiating the question, shall
include the maximum rate at which the neighborhood security patrol program
shall be able to levy a property tax.
(d) The moneys deposited in the security fund shall, as nearly as
practicable, be fully and continuously invested or reinvested by the
governing commission in investment obligations which shall be in such
amounts, and shall mature at such times, that the maturity or date of
redemption at the option of the holder of such investment obligations shall
coincide, as nearly as practicable, with the times at which moneys will be
required for the purposes of the program. As used in this
Section, "investment obligation" means direct general municipal, State,
or federal obligations which at the time are legal investments under the
laws of this State and the payment of principal of and interest on which
are unconditionally guaranteed by the governing body issuing them.
(e) The security fund shall be used solely and exclusively for the
purposes of the program and for reasonable salaries, expenses, bills, and fees
incurred in administering the program, and shall be used for no other purpose.
(f) The security fund shall be maintained, invested, and expended
exclusively by the governing commission of the program for whose purposes
it was created. Under no circumstance shall the security fund be used by
any person or persons, governmental body, or public or private agency or
concern other than the governing commission of the program for whose
purposes it was created. Under no circumstances shall the security fund be
commingled with other funds or investments.
(g) No commissioner or family member of a commissioner may receive any
financial benefit, either directly or indirectly, from the security
fund. Nothing in this subsection shall be construed to prohibit payment of
expenses to a commissioner in accordance with Section 15.
As used in this subsection, "family member" means a spouse, child,
stepchild, parent, brother, or sister of a commissioner or a child,
stepchild, parent, brother, or sister of a commissioner's spouse.
(h) An independent audit of the security fund and the management of the
program shall be conducted annually and made available to the public
through any office of the governing commission or a public facility such as
a local public library located within the territory of the program.
(Source: P.A. 88-439.)
|
(65 ILCS 97/35)
Sec. 35.
Termination of a program.
A program may be terminated only by the
submission of and approval of the issue in the form of a public question before
the voters of the territory of the program at a regularly scheduled election in
the same manner as the question of the creation of the program, as set forth in
Section 15 of this Act. If a majority of the voters voting upon the question
approve the termination of the program, as certified by the proper election
authorities, the program shall conclude its business and cease operations
within one year of the date on which the election containing the public
question was held.
In terminating the program, the governing commission shall refund the
remaining balance of the security fund, if any, after all potential
liabilities have been satisfied, to the then current property taxpayers of
all property within the territory of the commission in an equitable manner
proportionate to the manner in which the security fund was raised.
(Source: P.A. 88-439.)
|
(65 ILCS 97/40)
Sec. 40.
Indemnification.
A program shall indemnify each commissioner,
officer, and employee, whether on salary, wage, or voluntary basis, and also
the State of Illinois and the county and municipality in which the program is
located and their employees, officers, and agents, against any and all losses,
damages, judgments, interest, settlements, fines, court costs and other
reasonable costs and expenses of legal proceedings including attorney fees, and
any other liabilities incurred by, imposed upon, or suffered by such individual
or governmental entity in connection with or resulting from any claim, action,
suit, or proceeding, actual or threatened, arising out of or in connection with
the performance of program duties. Any settlement of any claim must be made
with prior approval of the governing commission in order for indemnification,
as provided in this Section, to be available.
The indemnification provided by a program under this Section shall not cover
any acts or omissions which involve willful or wanton conduct, breach of good
faith, intentional misconduct, knowing violation of the law, or for any
transaction from which such individual derives an improper personal benefit.
(Source: P.A. 88-439.)
|
(65 ILCS 97/45)
Sec. 45.
Penalty.
Any person violating any provision of this Act or
any procedure, regulation, or bylaw of a governing commission and program
created under this Act shall, in addition to all other remedies provided by
law, be guilty of a business offense and shall be fined an amount not to exceed
$1,000 for each offense.
(Source: P.A. 88-439.)
|
(65 ILCS 97/47)
Sec. 47.
Existing programs.
Nothing in this Act shall be construed to
affect or alter the validity or operation of a neighborhood security patrol
program created by a municipal ordinance adopted before the effective date of
this Act.
(Source: P.A. 88-439.)
|
(65 ILCS 97/50)
Sec. 50.
Home Rule.
It is declared to be the law of this State,
pursuant to paragraph (h) of Section 6 of Article VII of the Illinois
Constitution, that the authority or duty to establish or prohibit the
establishment of neighborhood security patrol programs in any municipality with
more than 1,000,000 inhabitants, including home rule units, and the
determination of the terms of such programs are declared to be exclusive powers
and functions of the State which may not be exercised concurrently by any such
municipality, except as otherwise provided in this Section. No municipality
with more than 1,000,000 inhabitants, including home rule units, shall
establish or maintain a neighborhood security patrol program other than as
provided in this Act, and any such municipality shall affirmatively establish
and maintain a neighborhood security patrol program when required to do so
pursuant to this Act, except that this Section shall not be construed to
prohibit the operation of a neighborhood security patrol program created by a
municipal ordinance adopted before the effective date of this Act.
(Source: P.A. 88-439.)
|
(65 ILCS 97/900)
Sec. 900.
(Amendatory provisions; text omitted).
(Source: P.A. 88-439; text omitted.)
|