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91_HB0390ccr001 1 91ST GENERAL ASSEMBLY 2 FIRST CONFERENCE COMMITTEE REPORT 3 ON HOUSE BILL 390 4 To the President of the Senate and the Speaker of the 5 House of Representatives: 6 We, the conference committee appointed to consider the 7 differences between the houses in relation to Senate 8 Amendments Nos. 1 and 2 to House Bill 390, recommend the 9 following: 10 (1) that the Senate recede from Senate Amendments Nos. 1 11 and 2; and 12 (2) that House Bill 390 be amended as follows: 13 by replacing lines the title with the following: 14 "AN ACT concerning local governments."; and 15 by replacing everything after the enacting clause with the 16 following: 17 "Section 3. The Property Tax Code is amended by changing 18 Section 18-165 as follows: 19 (35 ILCS 200/18-165) 20 Sec. 18-165. Abatement of taxes. 21 (a) Any taxing district, upon a majority vote of its 22 governing authority, may, after the determination of the 23 assessed valuation of its property, order the clerk of that 24 county to abate any portion of its taxes on the following 25 types of property: 26 (1) Commercial and industrial. 27 (A) The property of any commercial or 28 industrial firm, including but not limited to the 29 property of any firm that is used for collecting, 30 separating, storing, or processing recyclable 31 materials, locating within the taxing district 32 during the immediately preceding year from another 33 state, territory, or country, or having been newly 34 created within this State during the immediately 35 preceding year, or expanding an existing facility. 36 The abatement shall not exceed a period of 10 years 37 and the aggregate amount of abated taxes for all 38 taxing districts combined shall not exceed 39 $4,000,000; or 40 (B) The property of any commercial or 41 industrial development of at least 500 acres having 42 been created within the taxing district. The 43 abatement shall not exceed a period of 20 years and 44 the aggregate amount of abated taxes for all taxing 45 districts combined shall not exceed $12,000,000. 46 (C) The property of any commercial or 47 industrial firm currently located in the taxing 48 district that expands a facility or its number of 49 employees. The abatement shall not exceed a period 50 of 10 years and the aggregate amount of abated taxes 51 for all taxing districts combined shall not exceed 52 $4,000,000. The abatement period may be renewed at 53 the option of the taxing districts. 54 (2) Horse racing. Any property in the taxing 55 district which is used for the racing of horses and upon 56 which capital improvements consisting of expansion, 57 improvement or replacement of existing facilities have 58 been made since July 1, 1987. The combined abatements 59 for such property from all taxing districts in any county 60 shall not exceed $5,000,000 annually and shall not exceed 61 a period of 10 years. 62 (3) Auto racing. Any property designed exclusively 63 for the racing of motor vehicles. Such abatement shall 64 not exceed a period of 10 years. 65 (4) Academic or research institute. The property 66 of any academic or research institute in the taxing 67 district that (i) is an exempt organization under 68 paragraph (3) of Section 501(c) of the Internal Revenue 69 Code, (ii) operates for the benefit of the public by 70 actually and exclusively performing scientific research 71 and making the results of the research available to the 1 interested public on a non-discriminatory basis, and 2 (iii) employs more than 100 employees. An abatement 3 granted under this paragraph shall be for at least 15 4 years and the aggregate amount of abated taxes for all 5 taxing districts combined shall not exceed $5,000,000. 6 (5) Housing for older persons. Any property in the 7 taxing district that is devoted exclusively to affordable 8 housing for older households. For purposes of this 9 paragraph, "older households" means those households (i) 10 living in housing provided under any State or federal 11 program that the Department of Human Rights determines is 12 specifically designed and operated to assist elderly 13 persons and is solely occupied by persons 55 years of age 14 or older and (ii) whose annual income does not exceed 80% 15 of the area gross median income, adjusted for family 16 size, as such gross income and median income are 17 determined from time to time by the United States 18 Department of Housing and Urban Development. The 19 abatement shall not exceed a period of 15 years, and the 20 aggregate amount of abated taxes for all taxing districts 21 shall not exceed $3,000,000. 22 (6) Historical society. For assessment years 1998 23 through 2000, the property of an historical society 24 qualifying as an exempt organization under Section 25 501(c)(3) of the federal Internal Revenue Code. 26 (7) Recreational facilities. Any property in the 27 taxing district (i) that is used for a municipal airport, 28 (ii) that is subject to a leasehold assessment under 29 Section 9-195 of this Code and (iii) which is sublet from 30 a park district that is leasing the property from a 31 municipality, but only if the property is used 32 exclusively for recreational facilities or for parking 33 lots used exclusively for those facilities. The 34 abatement shall not exceed a period of 10 years. 35 (b) Upon a majority vote of its governing authority, any 36 municipality may, after the determination of the assessed 37 valuation of its property, order the county clerk to abate 38 any portion of its taxes on any property that is located 39 within the corporate limits of the municipality in accordance 40 with Section 8-3-18 of the Illinois Municipal Code. 41 (Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97; 42 90-568, eff. 1-1-99; 90-655, eff. 7-30-98; 91-644, eff. 43 8-20-99.) 44 Section 5. The Illinois Municipal Code is amended by 45 changing Section 2-3-5 and the Division 96 heading and adding 46 Section 11-96-5 as follows: 47 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5) 48 Sec. 2-3-5. Whenever in any county of less than 150,000 49 population as determined by the last preceding federal 50 census, any area of contiguous territory, not exceeding 2 51 square miles, not already included within the corporate 52 limits of any municipality, has residing thereon at least 200 53 inhabitants living in dwellings other than those designed to 54 be mobile, and is owned by at least 30 different owners, it 55 may be incorporated as a village as follows: 56 35 electors residing within the area may file with the 57 circuit clerk of the county in which such area is situated a 58 petition addressed to the circuit court for that county. 59 The petition shall set forth (1) a definite description 60 of the lands intended to be embraced in the proposed village, 61 (2) the number of inhabitants residing therein, (3) the name 62 of the proposed village, and (4) a prayer that a question be 63 submitted to the electors residing within the limits of the 64 proposed village whether they will incorporate as a village 65 under this Code. 66 If the area contains fewer than 7,500 residents and lies 67 within 1 1/2 miles of the boundary line of any existing 68 municipality, the consent of the existing municipality must 69 be obtained before the area may be incorporated. No area in a 70 county with a population of 150,000 or more that is 71 incorporating under the provisions of this Section shall need 72 to obtain the consent of any existing municipality before the 73 area may be incorporated. 74 In addition, any contiguous territory in a county of 1 150,000 or more population which otherwise meets the 2 requirements of this Section may be incorporated as a village 3 pursuant to the provisions of this Section if (1) any part of 4 such territory is situated within 10 miles of a county with a 5 population less than 150,000 and a petition is filed pursuant 6 to this Section before January 1, 1991 or (2) any part of the 7 territory is situated within 25 miles of the Illinois state 8 line in a county having a population, according to the 1990 9 federal decennial census, of at least 150,000 but less than 10 185,000 and a petition is filed pursuant to this Section 11 before January 1, 1998. 12 In addition, contiguous territory not exceeding 2 square 13 miles in a county with a population of not less than 300,000 14 and not more than 350,000 that otherwise meets the 15 requirements of this Section may be incorporated as a village 16 pursuant to the provisions of this Section if (1) any part of 17 the territory is situated within 2 miles of a county with a 18 population of less than 150,000 and (2) a petition is filed 19 in the manner provided in this Section before JulyJanuary1, 20 20012000. The requirements of Section 2-3-18 concerning 21 compatibility with the official plan for development of the 22 county shall not apply to any territory seeking incorporation 23 under this paragraph. 24 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.) 25 (65 ILCS 5/Div. 96 heading) 26 DIVISION 96. JOINTOWNERSHIP OFPROPERTY OF 27 MUNICIPALITIES ANDWITHPARK DISTRICTS 28 (65 ILCS 5/11-96-5 new) 29 Sec. 11-96-5. Municipal and park district tax. 30 (a) If property within a municipality also lies within a 31 park district and the same property is being taxed for park 32 or recreation purposes by both the municipality and the park 33 district, then the corporate authorities of the municipality 34 may adopt an ordinance or resolution to pay all or part of 35 the park district tax for the property according to 36 subsection (b). If the corporate authorities of a 37 municipality adopt a resolution or ordinance under this 38 Section, then the corporate authorities shall certify the 39 action to the county clerk. 40 (b) Before the county clerk extends the tax levy of the 41 park district, the corporate authorities of the municipality 42 may order the municipal treasurer to pay a specified amount 43 into a special abatement fund held by the county treasurer. 44 The county clerk shall then abate the park district tax 45 extension on the property within the municipality by the 46 amount in the abatement fund by apportioning the abatement 47 amount for each parcel of property according to the assessed 48 value as equalized by the board of review and Department of 49 Revenue. The county treasurer shall then pay the money in 50 the abatement fund to the park district. If the amount in 51 the abatement fund is more than the amount of the current tax 52 levy extended on the property, then the county treasurer 53 shall return the surplus amount to the municipal treasurer. 54 (c) For the purposes of the Property Tax Extension 55 Limitation Law, the amount of the extension abatement shall 56 continue to be included in the park district's aggregate 57 extension base. 58 (d) The municipal tax and abatement shall not exceed a 59 period of 10 years. 60 Section 10. The Park District Code is amended by adding 61 Section 8-23 as follows: 62 (70 ILCS 1205/8-23 new) 63 Sec. 8-23. Criminal background investigations. 64 (a) An applicant for employment with a park district is 65 required as a condition of employment to authorize an 66 investigation to determine if the applicant has been 67 convicted of any of the enumerated criminal or drug offenses 68 in subsection (c) of this Section or has been convicted, 69 within 7 years of the application for employment with the 70 park district, of any other felony under the laws of this 1 State or of any offense committed or attempted in any other 2 state or against the laws of the United States that, if 3 committed or attempted in this State, would have been 4 punishable as a felony under the laws of this State. 5 Authorization for the investigation shall be furnished by the 6 applicant to the park district. Upon receipt of this 7 authorization, the park district shall submit the applicant's 8 name, sex, race, date of birth, and social security number to 9 the Department of State Police on forms prescribed by the 10 Department of State Police. The Department of State Police 11 shall conduct an investigation to ascertain if the applicant 12 being considered for employment has been convicted of any of 13 the enumerated criminal or drug offenses in subsection (c) of 14 this Section or has been convicted, within 7 years of the 15 application for employment with the park district, of any 16 other felony under the laws of this State or of any offense 17 committed or attempted in any other state or against the laws 18 of the United States that, if committed or attempted in this 19 State, would have been punishable as a felony under the laws 20 of this State. The Department of State Police shall charge 21 the park district a fee for conducting the investigation, 22 which fee shall be deposited in the State Police Services 23 Fund and shall not exceed the cost of the inquiry. The 24 applicant shall not be charged a fee by the park district for 25 the investigation. 26 (b) The Department of State Police shall furnish, 27 pursuant to positive identification, records of convictions, 28 until expunged, to the president of the park district. Any 29 information concerning the record of convictions obtained by 30 the president shall be confidential and may only be 31 transmitted to those persons who are necessary to the 32 decision on whether to hire the applicant for employment. A 33 copy of the record of convictions obtained from the 34 Department of State Police shall be provided to the applicant 35 for employment. Any person who releases any confidential 36 information concerning any criminal convictions of an 37 applicant for employment shall be guilty of a Class A 38 misdemeanor, unless the release of such information is 39 authorized by this Section. 40 (c) No park district shall knowingly employ a person who 41 has been convicted for committing attempted first degree 42 murder or for committing or attempting to commit first degree 43 murder, a Class X felony, or any one or more of the following 44 offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 45 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 46 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 47 12-16 of the Criminal Code of 1961; (ii) those defined in the 48 Cannabis Control Act, except those defined in Sections 4(a), 49 4(b), and 5(a) of that Act; (iii) those defined in the 50 Illinois Controlled Substances Act; and (iv) any offense 51 committed or attempted in any other state or against the laws 52 of the United States, which, if committed or attempted in 53 this State, would have been punishable as one or more of the 54 foregoing offenses. Further, no park district shall 55 knowingly employ a person who has been found to be the 56 perpetrator of sexual or physical abuse of any minor under 18 57 years of age pursuant to proceedings under Article II of the 58 Juvenile Court Act of 1987. No park district shall knowingly 59 employ a person for whom a criminal background investigation 60 has not been initiated. 61 Section 15. The Chicago Park District Act is amended by 62 adding Section 16a-5 as follows: 63 (70 ILCS 1505/16a-5 new) 64 Sec. 16a-5. Criminal background investigations. 65 (a) An applicant for employment with the Chicago Park 66 District is required as a condition of employment to 67 authorize an investigation to determine if the applicant has 68 been convicted of any of the enumerated criminal or drug 69 offenses in subsection (c) of this Section or has been 70 convicted, within 7 years of the application for employment 71 with the Chicago Park District, of any other felony under the 72 laws of this State or of any offense committed or attempted 73 in any other state or against the laws of the United States 74 that, if committed or attempted in this State, would have 1 been punishable as a felony under the laws of this State. 2 Authorization for the investigation shall be furnished by the 3 applicant to the Chicago Park District. Upon receipt of this 4 authorization, the Chicago Park District shall submit the 5 applicant's name, sex, race, date of birth, and social 6 security number to the Department of State Police on forms 7 prescribed by the Department of State Police. The Department 8 of State Police shall conduct an investigation to ascertain 9 if the applicant being considered for employment has been 10 convicted of any of the enumerated criminal or drug offenses 11 in subsection (c) of this Section or has been convicted, 12 within 7 years of the application for employment with the 13 Chicago Park District, of any other felony under the laws of 14 this State or of any offense committed or attempted in any 15 other state or against the laws of the United States that, if 16 committed or attempted in this State, would have been 17 punishable as a felony under the laws of this State. The 18 Department of State Police shall charge the Chicago Park 19 District a fee for conducting the investigation, which fee 20 shall be deposited in the State Police Services Fund and 21 shall not exceed the cost of the inquiry. The applicant 22 shall not be charged a fee by the Chicago Park District for 23 the investigation. 24 (b) The Department of State Police shall furnish, 25 pursuant to positive identification, records of convictions, 26 until expunged, to the General Superintendent and Chief 27 Executive Officer of the Chicago Park District. Any 28 information concerning the record of convictions obtained by 29 the General Superintendent and Chief Executive Officer shall 30 be confidential and may only be transmitted to those persons 31 who are necessary to the decision on whether to hire the 32 applicant for employment. A copy of the record of 33 convictions obtained from the Department of State Police 34 shall be provided to the applicant for employment. Any 35 person who releases any confidential information concerning 36 any criminal convictions of an applicant for employment shall 37 be guilty of a Class A misdemeanor, unless the release of 38 such information is authorized by this Section. 39 (c) The Chicago Park District may not knowingly employ a 40 person who has been convicted for committing attempted first 41 degree murder or for committing or attempting to commit first 42 degree murder, a Class X felony, or any one or more of the 43 following offenses: (i) those defined in Sections 11-6, 44 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 45 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 46 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) 47 those defined in the Cannabis Control Act, except those 48 defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii) 49 those defined in the Illinois Controlled Substances Act; and 50 (iv) any offense committed or attempted in any other state or 51 against the laws of the United States, which, if committed or 52 attempted in this State, would have been punishable as one or 53 more of the foregoing offenses. Further, the Chicago Park 54 District may not knowingly employ a person who has been found 55 to be the perpetrator of sexual or physical abuse of any 56 minor under 18 years of age pursuant to proceedings under 57 Article II of the Juvenile Court Act of 1987. The Chicago 58 Park District may not knowingly employ a person for whom a 59 criminal background investigation has not been initiated. 60 Section 20. The School Code is amended by changing 61 Sections 10-21.9 and 34-18.5 as follows: 62 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) 63 Sec. 10-21.9. Criminal background investigations. 64 (a) After August 1, 1985, certified and noncertified 65 applicants for employment with a school district, except 66 school bus driver applicants, are required as a condition of 67 employment to authorize an investigation to determine if such 68 applicants have been convicted of any of the enumerated 69 criminal or drug offenses in subsection (c) of this Section 70 or have been convicted, within 7 years of the application for 71 employment with the school district, of any other felony 72 under the laws of this State or of any offense committed or 73 attempted in any other state or against the laws of the 74 United States that, if committed or attempted in this State, 1 would have been punishable as a felony under the laws of this 2 State. Authorization for the investigation shall be furnished 3 by the applicant to the school district, except that if the 4 applicant is a substitute teacher seeking employment in more 5 than one school district, a teacher seeking concurrent 6 part-time employment positions with more than one school 7 district (as a reading specialist, special education teacher 8 or otherwise), or an educational support personnel employee 9 seeking employment positions with more than one district, any 10 such district may require the applicant to furnish 11 authorization for the investigation to the regional 12 superintendent of the educational service region in which are 13 located the school districts in which the applicant is 14 seeking employment as a substitute or concurrent part-time 15 teacher or concurrent educational support personnel employee. 16 Upon receipt of this authorization, the school district or 17 the appropriate regional superintendent, as the case may be, 18 shall submit the applicant's name, sex, race, date of birth 19 and social security number to the Department of State Police 20 on forms prescribed by the Department. The regional 21 superintendent submitting the requisite information to the 22 Department of State Police shall promptly notify the school 23 districts in which the applicant is seeking employment as a 24 substitute or concurrent part-time teacher or concurrent 25 educational support personnel employee that the investigation 26 of the applicant has been requested. The Department of State 27 Police shall conduct an investigation to ascertain if the 28 applicant being considered for employment has been convicted 29 of any of the enumerated criminal or drug offenses in 30 subsection (c) or has been convicted, within 7 years of the 31 application for employment with the school district, of any 32 other felony under the laws of this State or of any offense 33 committed or attempted in any other state or against the laws 34 of the United States that, if committed or attempted in this 35 State, would have been punishable as a felony under the laws 36 of this State. The Department shall charge the school 37 district or the appropriate regional superintendent a fee for 38 conducting such investigation, which fee shall be deposited 39 in the State Police Services Fund and shall not exceed the 40 cost of the inquiry; and the applicant shall not be charged a 41 fee for such investigation by the school district or by the 42 regional superintendent. The regional superintendent may 43 seek reimbursement from the State Board of Education or the 44 appropriate school district or districts for fees paid by the 45 regional superintendent to the Department for the criminal 46 background investigations required by this Section. 47 (b) The Department shall furnish, pursuant to positive 48 identification, records of convictions, until expunged, to 49 the president of the school board for the school district 50 which requested the investigation, or to the regional 51 superintendent who requested the investigation. Any 52 information concerning the record of convictions obtained by 53 the president of the school board or the regional 54 superintendent shall be confidential and may only be 55 transmitted to the superintendent of the school district or 56 his designee, the appropriate regional superintendent if the 57 investigation was requested by the school district, the 58 presidents of the appropriate school boards if the 59 investigation was requested from the Department of State 60 Police by the regional superintendent, the State 61 Superintendent of Education, the State Teacher Certification 62 Board or any other person necessary to the decision of hiring 63 the applicant for employment. A copy of the record of 64 convictions obtained from the Department of State Police 65 shall be provided to the applicant for employment. If an 66 investigation of an applicant for employment as a substitute 67 or concurrent part-time teacher or concurrent educational 68 support personnel employee in more than one school district 69 was requested by the regional superintendent, and the 70 Department of State Police upon investigation ascertains that 71 the applicant has not been convicted of any of the enumerated 72 criminal or drug offenses in subsection (c) or has not been 73 convicted, within 7 years of the application for employment 74 with the school district, of any other felony under the laws 75 of this State or of any offense committed or attempted in any 76 other state or against the laws of the United States that, if 77 committed or attempted in this State, would have been 78 punishable as a felony under the laws of this State and so 1 notifies the regional superintendent, then the regional 2 superintendent shall issue to the applicant a certificate 3 evidencing that as of the date specified by the Department of 4 State Police the applicant has not been convicted of any of 5 the enumerated criminal or drug offenses in subsection (c) or 6 has not been convicted, within 7 years of the application for 7 employment with the school district, of any other felony 8 under the laws of this State or of any offense committed or 9 attempted in any other state or against the laws of the 10 United States that, if committed or attempted in this State, 11 would have been punishable as a felony under the laws of this 12 State. The school board of any school district located in 13 the educational service region served by the regional 14 superintendent who issues such a certificate to an applicant 15 for employment as a substitute teacher in more than one such 16 district may rely on the certificate issued by the regional 17 superintendent to that applicant, or may initiate its own 18 investigation of the applicant through the Department of 19 State Police as provided in subsection (a). Any person who 20 releases any confidential information concerning any criminal 21 convictions of an applicant for employment shall be guilty of 22 a Class A misdemeanor, unless the release of such information 23 is authorized by this Section. 24 (c) No school board shall knowingly employ a person who 25 has been convicted for committing attempted first degree 26 murder or for committing or attempting to commit first degree 27 murder or a Class X felony or any one or more of the 28 following offenses: (i) those defined in Sections 11-6, 11-9, 29 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 30 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 31 and 12-16 of the "Criminal Code of 1961"; (ii) those defined 32 in the "Cannabis Control Act" except those defined in 33 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined 34 in the "Illinois Controlled Substances Act"; and (iv) any 35 offense committed or attempted in any other state or against 36 the laws of the United States, which if committed or 37 attempted in this State, would have been punishable as one or 38 more of the foregoing offenses. Further, no school board 39 shall knowingly employ a person who has been found to be the 40 perpetrator of sexual or physical abuse of any minor under 18 41 years of age pursuant to proceedings under Article II of the 42 Juvenile Court Act of 1987. 43 (d) No school board shall knowingly employ a person for 44 whom a criminal background investigation has not been 45 initiated. 46 (e) Upon receipt of the record of a conviction of or a 47 finding of child abuse by a holder of any certificate issued 48 pursuant to Article 21 or Section 34-8.1 or 34-83 of the 49 School Code, the appropriate regional superintendent of 50 schools or the State Superintendent of Education shall 51 initiate the certificate suspension and revocation 52 proceedings authorized by law. 53 (f) After January 1, 1990 the provisions of this Section 54 shall apply to all employees of persons or firms holding 55 contracts with any school district including, but not limited 56 to, food service workers, school bus drivers and other 57 transportation employees, who have direct, daily contact with 58 the pupils of any school in such district. For purposes of 59 criminal background investigations on employees of persons or 60 firms holding contracts with more than one school district 61 and assigned to more than one school district, the regional 62 superintendent of the educational service region in which the 63 contracting school districts are located may, at the request 64 of any such school district, be responsible for receiving the 65 authorization for investigation prepared by each such 66 employee and submitting the same to the Department of State 67 Police. Any information concerning the record of conviction 68 of any such employee obtained by the regional superintendent 69 shall be promptly reported to the president of the 70 appropriate school board or school boards. 71 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 72 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.) 73 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) 74 Sec. 34-18.5. Criminal background investigations. 75 (a) After August 1, 1985, certified and noncertified 76 applicants for employment with the school district are 1 required as a condition of employment to authorize an 2 investigation to determine if such applicants have been 3 convicted of any of the enumerated criminal or drug offenses 4 in subsection (c) of this Section or have been convicted, 5 within 7 years of the application for employment with the 6 school district, of any other felony under the laws of this 7 State or of any offense committed or attempted in any other 8 state or against the laws of the United States that, if 9 committed or attempted in this State, would have been 10 punishable as a felony under the laws of this State. 11 Authorization for the investigation shall be furnished by the 12 applicant to the school district, except that if the 13 applicant is a substitute teacher seeking employment in more 14 than one school district, or a teacher seeking concurrent 15 part-time employment positions with more than one school 16 district (as a reading specialist, special education teacher 17 or otherwise), or an educational support personnel employee 18 seeking employment positions with more than one district, any 19 such district may require the applicant to furnish 20 authorization for the investigation to the regional 21 superintendent of the educational service region in which are 22 located the school districts in which the applicant is 23 seeking employment as a substitute or concurrent part-time 24 teacher or concurrent educational support personnel employee. 25 Upon receipt of this authorization, the school district or 26 the appropriate regional superintendent, as the case may be, 27 shall submit the applicant's name, sex, race, date of birth 28 and social security number to the Department of State Police 29 on forms prescribed by the Department. The regional 30 superintendent submitting the requisite information to the 31 Department of State Police shall promptly notify the school 32 districts in which the applicant is seeking employment as a 33 substitute or concurrent part-time teacher or concurrent 34 educational support personnel employee that the investigation 35 of the applicant has been requested. The Department of State 36 Police shall conduct an investigation to ascertain if the 37 applicant being considered for employment has been convicted 38 of any of the enumerated criminal or drug offenses in 39 subsection (c) or has been convicted, within 7 years of the 40 application for employment with the school district, of any 41 other felony under the laws of this State or of any offense 42 committed or attempted in any other state or against the laws 43 of the United States that, if committed or attempted in this 44 State, would have been punishable as a felony under the laws 45 of this State. The Department shall charge the school 46 district or the appropriate regional superintendent a fee for 47 conducting such investigation, which fee shall be deposited 48 in the State Police Services Fund and shall not exceed the 49 cost of the inquiry; and the applicant shall not be charged a 50 fee for such investigation by the school district or by the 51 regional superintendent. The regional superintendent may 52 seek reimbursement from the State Board of Education or the 53 appropriate school district or districts for fees paid by the 54 regional superintendent to the Department for the criminal 55 background investigations required by this Section. 56 (b) The Department shall furnish, pursuant to positive 57 identification, records of convictions, until expunged, to 58 the president of the board of education for the school 59 district which requested the investigation, or to the 60 regional superintendent who requested the investigation. Any 61 information concerning the record of convictions obtained by 62 the president of the board of education or the regional 63 superintendent shall be confidential and may only be 64 transmitted to the general superintendent of the school 65 district or his designee, the appropriate regional 66 superintendent if the investigation was requested by the 67 board of education for the school district, the presidents of 68 the appropriate board of education or school boards if the 69 investigation was requested from the Department of State 70 Police by the regional superintendent, the State 71 Superintendent of Education, the State Teacher Certification 72 Board or any other person necessary to the decision of hiring 73 the applicant for employment. A copy of the record of 74 convictions obtained from the Department of State Police 75 shall be provided to the applicant for employment. If an 76 investigation of an applicant for employment as a substitute 77 or concurrent part-time teacher or concurrent educational 78 support personnel employee in more than one school district 1 was requested by the regional superintendent, and the 2 Department of State Police upon investigation ascertains that 3 the applicant has not been convicted of any of the enumerated 4 criminal or drug offenses in subsection (c) or has not been 5 convicted, within 7 years of the application for employment 6 with the school district, of any other felony under the laws 7 of this State or of any offense committed or attempted in any 8 other state or against the laws of the United States that, if 9 committed or attempted in this State, would have been 10 punishable as a felony under the laws of this State and so 11 notifies the regional superintendent, then the regional 12 superintendent shall issue to the applicant a certificate 13 evidencing that as of the date specified by the Department of 14 State Police the applicant has not been convicted of any of 15 the enumerated criminal or drug offenses in subsection (c) or 16 has not been convicted, within 7 years of the application for 17 employment with the school district, of any other felony 18 under the laws of this State or of any offense committed or 19 attempted in any other state or against the laws of the 20 United States that, if committed or attempted in this State, 21 would have been punishable as a felony under the laws of this 22 State. The school board of any school district located in 23 the educational service region served by the regional 24 superintendent who issues such a certificate to an applicant 25 for employment as a substitute or concurrent part-time 26 teacher or concurrent educational support personnel employee 27 in more than one such district may rely on the certificate 28 issued by the regional superintendent to that applicant, or 29 may initiate its own investigation of the applicant through 30 the Department of State Police as provided in subsection (a). 31 Any person who releases any confidential information 32 concerning any criminal convictions of an applicant for 33 employment shall be guilty of a Class A misdemeanor, unless 34 the release of such information is authorized by this 35 Section. 36 (c) The board of education shall not knowingly employ a 37 person who has been convicted for committing attempted first 38 degree murder or for committing or attempting to commit first 39 degree murder or a Class X felony or any one or more of the 40 following offenses: (i) those defined in Sections 11-6, 41 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 42 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 43 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) 44 those defined in the Cannabis Control Act, except those 45 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) 46 those defined in the Illinois Controlled Substances Act; and 47 (iv) any offense committed or attempted in any other state or 48 against the laws of the United States, which if committed or 49 attempted in this State, would have been punishable as one or 50 more of the foregoing offenses. Further, the board of 51 education shall not knowingly employ a person who has been 52 found to be the perpetrator of sexual or physical abuse of 53 any minor under 18 years of age pursuant to proceedings under 54 Article II of the Juvenile Court Act of 1987. 55 (d) The board of education shall not knowingly employ a 56 person for whom a criminal background investigation has not 57 been initiated. 58 (e) Upon receipt of the record of a conviction of or a 59 finding of child abuse by a holder of any certificate issued 60 pursuant to Article 21 or Section 34-8.1 or 34-83 of the 61 School Code, the board of education or the State 62 Superintendent of Education shall initiate the certificate 63 suspension and revocation proceedings authorized by law. 64 (f) After March 19, 1990, the provisions of this Section 65 shall apply to all employees of persons or firms holding 66 contracts with any school district including, but not limited 67 to, food service workers, school bus drivers and other 68 transportation employees, who have direct, daily contact with 69 the pupils of any school in such district. For purposes of 70 criminal background investigations on employees of persons or 71 firms holding contracts with more than one school district 72 and assigned to more than one school district, the regional 73 superintendent of the educational service region in which the 74 contracting school districts are located may, at the request 75 of any such school district, be responsible for receiving the 76 authorization for investigation prepared by each such 77 employee and submitting the same to the Department of State 78 Police. Any information concerning the record of conviction 1 of any such employee obtained by the regional superintendent 2 shall be promptly reported to the president of the 3 appropriate school board or school boards. 4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 5 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.) 6 Section 90. The State Mandates Act is amended by adding 7 Section 8.24 as follows: 8 (30 ILCS 805/8.24 new) 9 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 10 and 8 of this Act, no reimbursement by the State is required 11 for the implementation of any mandate created by this 12 amendatory Act of the 91st General Assembly. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.". 15 Submitted on April 15, 2000. 16 s/Sen. Steven Rauschenberger Rep. Gary Hannig 17 s/Sen. Kirk Dillard s/Rep. Calvin L. Giles 18 s/Sen. Walter Dudycz Rep. Barbara Flynn Currie 19 Sen. Lawrence Walsh s/Rep. Art Tenhouse 20 Sen. William Shaw s/Rep. Tom Cross 21 Committee for the Senate Committee for the House