Public Act 094-0896
 		





SB2137 Enrolled
LRB094 14553 RSP 49493 b






    AN ACT concerning State government.

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

 
    Section 1. Short title. This Act may be cited as the 
Illinois Public Safety Agency Network Act.
 
    Section 5. Definitions. As used in this Act, unless the 
context requires otherwise:
    "ALECS" means the Automated Law Enforcement Communications 
System.
    "ALERTS" means the Area-wide Law Enforcement Radio 
Terminal System.
    "Authority" means the Illinois Criminal Justice 
Information Authority.
    "Board" means the Board of Directors of Illinois Public 
Safety Agency Network, Inc.
    "IPSAN" or "Partnership" means Illinois Public Safety 
Agency Network, Inc., the not-for-profit
entity incorporated 
as provided in this Act.
    "PIMS" means the Police Information Management System.
    "Trust Fund" means the Criminal Justice Information 
Systems Trust Fund.
 
    Section 10. Findings; purpose. The General Assembly finds 
that it is important to promote intergovernmental cooperation 
between units of local government.  Therefore, the purpose of 
IPSAN is to continue the ALERTS, PIMS, and ALECS systems, which 
have been developed by the Authority, through the 
intergovernmental cooperation of local public safety agencies, 
including sheriffs'  offices, municipal police departments, and 
firefighting agencies, which have been funded  by local 
taxpayers through user's fees since 1986.  The General Assembly 
also finds that development and future enhancements to public 
safety communications and  management systems and the promotion 
of interoperability between all public safety disciplines are 
in the best of interest of the people of the State of Illinois.
 
    Section 15. Partnership established. A not-for-profit 
corporation to be known as "Illinois Public Safety Agency 
Network" shall be created. IPSAN shall be incorporated under 
the General Not for Profit Corporation Act of 1986 and shall be 
registered, incorporated, organized, and operated in 
compliance with the laws of this State. IPSAN shall not be a 
State agency. The General Assembly determines, however, that 
public policy dictates that IPSAN operate in the most open and 
accessible manner consistent with its public purpose. To this 
end, the General Assembly specifically declares that IPSAN and 
its Board and Advisory Committee shall adopt and adhere to the 
provisions of  the Open Meetings Act, the State Records Act, and 
the Freedom of Information Act.
          IPSAN shall establish one or 
more corporate offices as determined by the Board.

 
    Section 20. Board of directors. IPSAN shall be governed by 
a board of directors. The IPSAN Board shall consist of 14 
members. Nine of the members shall be voting members, 3 of whom 
shall be appointed by the Illinois Sheriffs' Association, 3 of 
whom shall be appointed by the Illinois Association of Chiefs 
of Police, and 3 of whom shall be appointed by the Illinois 
Fire Chiefs Association, all of those Associations consisting 
of representatives of criminal justice agencies that are the 
users of criminal justice information systems developed and 
operated for them by the Authority before the effective date of 
this  Act or by the IPSAN on or after the effective date of this 
Act.  Voting members shall be appointed in such a fashion as to 
guarantee the representation of all 3 systems (ALERTS, ALECS, 
and PIMS). The Director of Corrections, the Director of the 
Illinois Emergency Management Agency, the Director of the 
Illinois State Police, the Sheriff of Cook County, and the 
Superintendent of the Chicago Police Department, or the 
designee of each, shall be non-voting ex officio members.

    Of the initial members appointed, 6 members shall serve 
4-year terms and 3 members shall serve 2-year terms, as 
designated by the respective Associations. Thereafter, members 
appointed shall serve 4-year terms. A vacancy among members 
appointed shall be filled by appointment for the remainder of 
the vacated term.
          
    Members of the Board shall receive no compensation but 
shall be reimbursed for reasonable expenses incurred in the 
performance of their duties.
          
    The Board shall designate a temporary chair of the Board 
from among the members, who shall serve until a permanent chair 
is elected by the Board of Directors. The Board shall meet at 
the call of the chair.
          
    Not less than 90 days after a majority of the members of 
the Board of Directors of the IPSAN are appointed, the Board 
shall develop a policy adopted by resolution of the Board 
stating the Board's plan for the use of services provided by 
businesses owned by minorities, females, and persons with 
disabilities, as defined under the Business Enterprise for 
Minorities, Females, and Persons with Disabilities Act. The 
Board shall provide a copy of this resolution to the Governor 
and the General Assembly upon its adoption.
          
    On December 31 of each year, the Board shall report to the 
General Assembly and the Governor regarding the use of services 
provided by businesses owned by minorities, females, and 
persons with disabilities, as defined under the Business 
Enterprise for Minorities, Females, and Persons with 
Disabilities Act. 
 
    Section 30. Powers of the Board of Directors. The Board of 
Directors shall have the power to: 
    (1) Secure funding for programs and activities of IPSAN 
from federal, State, local, and private sources and from fees 
charged for services and published materials; solicit, 
receive, hold, invest, and administer any grant, payment, or 
gift of funds or property; and make expenditures consistent 
with the powers granted to it. 
    (2) Make and enter into contracts, agreements, and other 
instruments necessary or convenient for the exercise of its 
powers and to facilitate the use by the members of IPSAN of 
other criminal justice information systems and networks.
    (3) Sue and be sued, and appear and defend in all actions 
and proceedings, in its corporate name to the same extent as a 
natural person.
    (4) Adopt, use, and alter a common corporate seal for 
IPSAN.
    (5) Elect, employ, or appoint officers and agents as its 
affairs require and allow them reasonable compensation.
    (6) Adopt, amend, and repeal bylaws and policies, not 
inconsistent with the powers granted to it or the articles of 
incorporation, for the administration of the affairs of IPSAN 
and the exercise of its corporate powers.
    (7) Acquire, enjoy, use, and dispose of patents, 
copyrights, and trademarks and any licenses, radio 
frequencies, royalties, and other rights or interests 
thereunder or therein.
    (8) Do all acts and things necessary or convenient to carry 
out the powers granted to it.
    (9) Appoint an Executive Director who shall serve as the 
Chief Operations Officer of IPSAN and who shall direct and 
supervise the administrative affairs and activities of the 
Board and of IPSAN, in accordance with the Board's bylaws, 
rules, and policies.
 
    Section 35. Finances; audits; annual report. 
    (a) The current balance of the Criminal Justice Information 
Systems Trust Fund upon the effective date of this Act and all 
future moneys deposited into that Fund shall be promptly 
transferred to the IPSAN operating fund by the State Treasurer 
notwithstanding current obligations as determined by the IPSAN 
Board in cooperation with the Authority.
    (b) IPSAN may accept funds, grants, gifts, and services 
from the government of the United States or its agencies, from 
this State or its departments, agencies, or instrumentalities, 
from any other governmental unit, and from private and civic 
sources for the purpose of funding any projects authorized by 
this Act.
      
    (c) Services of personnel, use of equipment and office 
space, and other necessary services may be accepted from 
members of the Board as part of IPSAN's financial support.
    (d) The Board shall arrange for the annual financial audit 
of IPSAN by one or more independent certified public 
accountants in accordance with generally accepted accounting 
principles. The annual audit results shall be included in the 
annual report required under subsection (e) of this Section.
    (e) IPSAN shall report annually on its activities and 
finances to the Governor and the members of the General 
Assembly.
 
    Section 40. Advisory Committee. An Advisory Committee is 
established for the benefit of IPSAN and its Board of Directors 
in the performance of their powers, duties, and functions under 
this Act. The Board shall provide for the number, 
qualifications, and appointment of members of the Advisory 
Committee.
 
    Section 45. Employees. The Illinois Criminal Justice 
Information Authority may establish a lease agreement program 
under which IPSAN may hire any individual who, as of January 1, 
2006, is employed by the Illinois Criminal Justice Information 
Authority or who, as of January 1, 2006, is employed by the 
Office of the Governor and has responsibilities specifically in 
support of a criminal justice information program. Under the 
agreement, the employee shall retain his or her status as a 
State employee but shall work under the direct supervision of 
IPSAN. Retention of State employee status shall include the 
right to participate in the State Employees Retirement System. 
The Department of Central Management Services and the Board 
shall establish the terms and conditions of the lease 
agreements.
 
    Section 50. Other State programs. State executive branch 
agencies shall consult with IPSAN in order to ensure the 
interoperability of existing and future public safety 
communication systems and criminal justice database programs 
or networks authorized by law as of or after the effective date 
of this Act.
 
    Section 90. The Illinois Criminal Justice Information Act 
is amended  by changing Sections 7 and  9 as follows:
 



    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)


    Sec. 7. Powers and Duties. The Authority shall have the 
following
powers, duties and responsibilities:


        (a) To develop and operate comprehensive information 
    systems for the
improvement and coordination of all aspects 
    of law enforcement, prosecution
and corrections;


        (b) To define, develop, evaluate and correlate State 
    and local programs
and projects associated with the 
    improvement of law enforcement and the
administration of 
    criminal justice;


        (c) To act as a central repository and clearing house 
    for federal, state
and local research studies, plans, 
    projects, proposals and other information
relating to all 
    aspects of criminal justice system improvement and to 
    encourage
educational programs for citizen support of 
    State and local efforts to make
such improvements;


        (d) To undertake research studies to aid in 
    accomplishing its purposes;


        (e) To monitor the operation of existing criminal 
    justice information
systems in order to protect the 
    constitutional rights and privacy of
individuals about 
    whom criminal history record information has been 
    collected;


        (f) To provide an effective administrative forum for 
    the protection of
the rights of individuals concerning 
    criminal history record information;


        (g) To issue regulations, guidelines and procedures 
    which ensure the privacy
and security of criminal history 
    record information
consistent with State and federal laws;


        (h) To act as the sole administrative appeal body in 
    the State of
Illinois to conduct hearings and make final 
    determinations concerning
individual challenges to the 
    completeness and accuracy of criminal
history record 
    information;


        (i) To act as the sole, official, criminal justice body 
    in the State of
Illinois to conduct annual and periodic 
    audits of the procedures, policies,
and practices of the 
    State central repositories for criminal history
record 
    information to verify compliance with federal and state 
    laws and
regulations governing such information;


        (j) To advise the Authority's Statistical Analysis 
    Center;


        (k) To apply for, receive, establish priorities for, 
    allocate, disburse
and spend grants of funds that are made 
    available by and received on or
after January 1, 1983 from 
    private sources or from the United States pursuant
to the 
    federal Crime Control Act of 1973, as amended, and similar 
    federal
legislation, and to enter into agreements with the 
    United States government
to further the purposes of this 
    Act, or as may be required as a condition
of obtaining 
    federal funds;


        (l) To receive, expend and account for such funds of 
    the State of Illinois
as may be made available to further 
    the purposes of this Act;


        (m) To enter into contracts and to cooperate with units 
    of general local
government or combinations of such units, 
    State agencies, and criminal justice
system agencies of 
    other states for the purpose of carrying out the duties
of 
    the Authority imposed by this Act or by the federal Crime 
    Control Act
of 1973, as amended;


        (n) To enter into contracts and cooperate with units of 
    general local
government outside of Illinois, other 
    states' agencies, and private
organizations outside of 
    Illinois to provide computer software or design
that has 
    been developed for the Illinois criminal justice system, or 
    to
participate in the cooperative development or design of 
    new software or
systems to be used by the Illinois criminal 
    justice system.  Revenues
received as a result of such 
    arrangements shall be deposited in the
Criminal Justice 
    Information Systems Trust Fund.


        (o) To establish general policies concerning criminal 
    justice information
systems and to promulgate such rules, 
    regulations and procedures as are
necessary to the 
    operation of the Authority and to the uniform consideration

    of appeals and audits;


        (p) To advise and to make recommendations to the 
    Governor and the General
Assembly on policies relating to 
    criminal justice information systems;


        (q) To direct all other agencies under the jurisdiction 
    of the Governor
to provide whatever assistance and 
    information the Authority may lawfully
require to carry out 
    its functions;


        (r) To exercise any other powers that are reasonable 
    and necessary to
fulfill the responsibilities of the 
    Authority under this Act and to comply
with the 
    requirements of applicable federal law or regulation;


        (s) To exercise the rights, powers and duties which 
    have been vested
in the Authority by the "Illinois Uniform 
    Conviction Information Act",
enacted by the 85th General 
    Assembly, as hereafter amended; and


        (t) To exercise the rights, powers and duties which 
    have been vested
in the Authority by the Illinois Motor 
    Vehicle Theft Prevention Act; and .

        (u) To exercise the rights, powers, and duties vested 
    in the Authority by the Illinois Public Safety Agency 
    Network Act.
    The requirement for reporting to the General Assembly shall 
be satisfied
by filing copies of the report with the Speaker, 
the Minority Leader and
the Clerk of the House of 
Representatives and the President, the Minority
Leader and the 
Secretary of the Senate and the Legislative Research
Unit, as 
required by Section 3.1 of "An Act to revise the law in 
relation
to the General Assembly", approved February 25, 1874, 
as amended, and
filing such additional copies with the State 
Government Report Distribution
Center for the General Assembly 
as is required under paragraph (t) of
Section 7 of the State 
Library Act.

(Source: P.A. 85-922; 86-1408.)

 



    (20 ILCS 3930/9)  (from Ch. 38, par. 210-9)


    Sec. 9. Criminal Justice Information Systems Trust Fund. 
The special
fund in the State Treasury known as the Criminal 
Justice Information Systems
Trust Fund shall be funded in part 
from users' fees collected from
criminal justice agencies that 
are the users of information systems developed
and operated for 
them by the Authority.
The users' fees shall be based on pro 
rated shares according to the share
of operating cost that is 
attributed to each agency, as determined
by the Authority.  
Prior to  the effective date of the Illinois Public Safety 
Agency Network Act, the
The General Assembly shall make an 
appropriation from
the Criminal Justice Information Systems 
Trust Fund for the operating expenses
of the Authority incident 
to providing the services described in this Section. On and 
after the effective date of the Illinois Public Safety Agency 
Network Act, distributions from the Fund shall be made as 
provided in that Act.


(Source: P.A. 86-1227.)


 
    Section 93. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes. 
 
    Section 95. The State Property Control Act  is amended  by 
adding Section 7.6 as follows:
 
    (30 ILCS 605/7.6 new)

    Sec. 7.6. Illinois Public Safety Agency Network. 
Notwithstanding any other provision of this Act or any other 
law to the contrary, the administrator and the Illinois 
Criminal Justice Information Authority are  authorized under 
this Section to transfer to the Illinois Public Safety Agency 
Network, from the Illinois Criminal Justice Information 
Authority, all contractual personnel, books, records, papers, 
documents, property, both real and personal, and pending 
business in any way pertaining to the operations of the ALERTS, 
ALECS, and PIMS systems managed by the Authority including, but 
not limited to, radio frequencies, licenses, software, 
hardware, IP addresses, proprietary information, code,  and 
other required information and  elements necessary for the 
successful operation, future development, and transition of 
the systems.
 

    Section 99. Effective date. This Act takes effect July 1, 
2006.