Public Act 098-0745
 
HB5864 EnrolledLRB098 17949 JLK 53073 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Public Safety Agency Network Act is 
amended  by changing Sections 15, 20, 30, and 35 as follows:
 
    (50 ILCS 752/15)

    Sec. 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 but shall have statewide jurisdiction to fulfill 
the findings and purpose declared in Section 10. 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 
General Not for Profit Corporation Act of 1986 and related 
regulations promulgated by the Secretary of State, 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.


(Source: P.A. 94-896, eff. 7-1-06.)
 
    (50 ILCS 752/20)

    Sec. 20. Board of directors. IPSAN shall be governed by a 
board of directors. The IPSAN Board shall consist of 6 voting 
14 members. Three members Nine of the members shall be voting 
members, 3 of whom shall be appointed by the Illinois Sheriffs' 
Association, and 3 members of whom shall be appointed by the 
Illinois Association of Chiefs of Police. To the extent 
practical, voting members should be active or retired chiefs of 
police or sheriffs, should represent Statewide interests of the 
Associations that appointed them, and should attend board 
meetings , 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, may be invited by the board of directors to 
serve as shall be non-voting ex officio members. The Executive 
Director appointed under Section 30 of this Act shall serve as 
a non-voting ex-officio member of the board.

    Members shall serve terms of one year at the pleasure of 
the Association making the appointment, but shall be eligible 
for re-appointment. 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 in the same 
manner as the original 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. However, a board member who is a 
retired chief of police or retired sheriff may be entitled to 
reimbursement for services provided to or on behalf of IPSAN as 
may be appropriate.
          
    The Board shall designate a temporary president chair of 
the Board from among the members, who shall serve until a 
permanent president chair is elected by the Board of Directors. 
The Board shall meet at the call of the president, or as 
otherwise provided in the bylaws, rules, and policies of the 
board chair.
          
    IPSAN shall comply with reporting requirements under the 
General Not for Profit Corporation Act of 1986 and related 
regulations promulgated by the Secretary of State. The 
Executive Director appointed under Section 30 of this Act shall 
have the authority to sign and file all  required reports. 
    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. 

(Source: P.A. 94-896, eff. 7-1-06.)
 
    (50 ILCS 752/30)

    Sec. 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. 
    Such grants shall include federal and State grants for 
    enhancements to public safety communications and 
    management systems, and the promotion of interoperability 
    between all public safety disciplines throughout the 
    State; administer any , payment, or gift of funds or 
    property; execute a note or notes and to execute a mortgage 
    or trust deed to secure the payment of the same with real 
    estate, or some part thereof, or personal property owned by 
    the corporation. Proceeds of the note or notes may be used 
    in the acquisition of personal property or of real estate 
    or in the erection of improvements on such real estate; 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.
        (2.5) Purchase or lease either real or personal 
    property to be used for corporate purposes. Such purchases 
    or leases shall be made through contracts that provide for 
    the consideration for any such purchase or lease to be paid 
    through installments to be made at stated intervals during 
    a certain period of time. In no case shall such contracts 
    provide for the consideration to be paid during a period of 
    time in excess of 25 years. 
        (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 this Act and the 
    Board's bylaws, rules, and policies.

(Source: P.A. 94-896, eff. 7-1-06.)
 
    (50 ILCS 752/35)

    Sec. 35. Finances; audits; annual report. 
    (a) (Blank). 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) (Blank). 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.

    (f) IPSAN shall comply with reporting requirements as 
prescribed in the General Not for Profit Corporation Act of 
1986 and related regulations promulgated by the Secretary of 
State. 
(Source: P.A. 94-896, eff. 7-1-06.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.