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Public Act 094-0961
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| SB2952 Enrolled |
LRB094 19069 EFG 54571 b |
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AN ACT in relation to information technology.
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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. Findings; purpose; validation. |
(a) The General Assembly finds and declares that: |
(1) Public Act 88-669, effective November 29, 1994, |
contained provisions creating the Illinois Geographic |
Information Council Act. Public Act 88-669 also contained |
other provisions. |
(2) The Illinois Supreme Court declared Public Act |
88-669 to be unconstitutional as a violation of the single |
subject clause of the Illinois Constitution in People v. |
Olender, Docket No. 98932, opinion filed December 15, 2005. |
(b) The purpose of this Act is to re-enact the provisions |
of the Illinois Geographic Information Council Act and to |
minimize or prevent any problems concerning those provisions |
that may arise from the unconstitutionality of Public Act |
88-669. This re-enactment is intended to remove any question as |
to the validity and content of those provisions; it is not |
intended to supersede any other Public Act that amends the |
provisions re-enacted in this Act. The re-enacted material is |
shown in this Act as existing text (i.e., without underscoring) |
and may include changes made by subsequent amendments. The |
re-enacted material includes some revisory changes; the |
revisory changes are shown by striking and underscoring. |
(c) The re-enactment of provisions of the Illinois |
Geographic Information Council Act by this Act is not intended, |
and shall not be construed, to impair any legal argument |
concerning whether those provisions were substantially |
re-enacted by any other Public Act. |
(d) All otherwise lawful actions taken before the effective |
date of this Act in reliance on or pursuant to the provisions |
re-enacted by this Act, as those provisions were set forth in |
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Public Act 88-669 or as subsequently amended, by any officer, |
employee, or agency of State government or by any other person |
or entity, are hereby validated, except to the extent |
prohibited under the Illinois or United States Constitution. |
This validation expressly includes the appointment of members |
by the Governor to the Geographic Information Council, and the |
members so appointed who are presently serving shall continue |
to serve at the pleasure of the Governor. |
(e) This Act applies, without limitation, to actions |
pending on or after the effective date of this Act, except to |
the extent prohibited under the Illinois or United States |
Constitution.
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Section 5. The Illinois Geographic Information Council Act |
is amended by re-enacting and amending Sections 5-1 and 5-5 and |
by re-enacting Sections 5-10, 5-15, 5-20, 5-25, and 5-30 as |
follows:
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(20 ILCS 1128/5-1)
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Sec. 5-1. Short title. This Act
Article may be cited as the |
Illinois Geographic Information Council Act.
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(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95.)
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(20 ILCS 1128/5-5)
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Sec. 5-5. Council. The Illinois Geographic Information |
Council,
hereinafter called the "Council", is created within |
the Department of Natural Resources.
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The Council shall consist of 17 voting members, as follows: |
the
Illinois Secretary of State, the Illinois Secretary of |
Transportation, the
Directors of the Illinois Departments of |
Agriculture, Central Management
Services, Commerce and |
Economic Opportunity
Community Affairs, Nuclear Safety,
Public |
Health, Natural Resources, and Revenue, the Directors of
the |
Illinois Emergency Management Agency and the Illinois |
Environmental
Protection Agency, the President of the |
University of Illinois, the Chairman of
the Illinois Commerce |
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Commission, plus 4 members of the General Assembly, one
each |
appointed by the Speaker and Minority Leader of the House and |
the
President and Minority Leader of the Senate. An ex officio |
voting member may
designate another person to carry out his or |
her duties on the Council.
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In addition to the above members, the Governor may appoint |
up to 10
additional voting members, representing local, |
regional, and federal agencies,
professional organizations, |
academic institutions, public utilities, and the
private |
sector.
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Members appointed by the Governor shall serve at the |
pleasure of the
Governor.
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(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95; |
89-445, eff.
2-7-96; revised 12-6-03.)
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(20 ILCS 1128/5-10)
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Sec. 5-10. Chairmen; compensation.
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(a) One of the members who is not an ex officio member, |
selected annually by
the voting members, and the Director of |
Natural Resources shall
serve as co-chairmen of the Council.
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(b) Non-State employees of the Council shall serve without |
compensation but
may be reimbursed for actual expenses incurred |
in the performance of their
duties out of funds appropriated to |
the Department of Natural
Resources for that purpose.
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(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95; |
89-445, eff.
2-7-96.)
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(20 ILCS 1128/5-15)
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Sec. 5-15. Technical and clerical assistance. The |
Department of Natural
Resources shall provide the Council with |
any technical and
clerical assistance or other support services |
that may be necessary for
carrying out its duties.
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(Source: P.A. 88-669, eff. 11-29-94; 89-445, eff. 2-7-96.)
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(20 ILCS 1128/5-20)
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Sec. 5-20. Meetings. The Council shall meet upon the call |
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of its
chairmen
and shall meet at least twice a year.
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(Source: P.A. 88-669, eff. 11-29-94.)
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(20 ILCS 1128/5-25)
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Sec. 5-25. Duties and powers. The Council shall establish a |
User Advisory
Committee. The Committee is the technical arm of |
the Council. The Committee
shall evaluate the Task Force |
recommendations and identify the most important
issues, which |
include database development, standards, data sharing,
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partnerships, applications, technical considerations, and |
funding. The
Committee shall create subcommittees addressing |
relevant issues. Members of
the Committee shall chair and |
coordinate the subcommittees.
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(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95.)
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(20 ILCS 1128/5-30)
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Sec. 5-30. Evaluation of proposals.
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The Council shall evaluate proposals made by the User |
Advisory Committee and
make recommendations to the Governor and |
General Assembly on the efficient
development, use, and funding |
of geographic information management technology
(GIMT) for |
Illinois' State, regional, local, and academic agencies and
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institutions.
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These include:
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(1) Standards for the collection (geodetic), |
maintenance, dissemination,
and documentation of spatial |
data, consistent with established and on-going
development |
of national standards and guidelines when applicable.
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(2) Funding strategies that encourage and support the |
use of GIMT at local
levels of government.
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(3) Examining the impacts of the Freedom of Information |
Act as it applies
to digital data dissemination.
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(4) Statewide basemap development.
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(5) The development of multiyear strategies for |
integration of GIMT in
Illinois.
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(6) The Council shall report to the Governor and the |
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General Assembly by
January 31st of each year on:
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(a) the current status of efforts to integrate GIMT |
into the decision
making, evaluation, planning, and |
management activities of State and local
governments;
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(b) the current status of integration of State and |
local government
efforts with those of the federal |
government and the private sector; and
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(c) Council objectives for the next 12-month |
period.
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(7) As necessary, the Council may enter into agreements |
with professional
non-profit organizations to achieve its |
objectives.
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(8) The Council may accept grants and gifts from |
corporations, for-profit
or not-for-profit, or |
associations for the purpose of conducting research,
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evaluations, or demonstration projects directed towards |
the development of an
integrated statewide system of |
geographic information management technology.
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(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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