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91_HB0390enr HB0390 Enrolled LRB9100151PTdv 1 AN ACT concerning local governments. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Property Tax Code is amended by changing 5 Section 18-165 as follows: 6 (35 ILCS 200/18-165) 7 Sec. 18-165. Abatement of taxes. 8 (a) Any taxing district, upon a majority vote of its 9 governing authority, may, after the determination of the 10 assessed valuation of its property, order the clerk of that 11 county to abate any portion of its taxes on the following 12 types of property: 13 (1) Commercial and industrial. 14 (A) The property of any commercial or 15 industrial firm, including but not limited to the 16 property of any firm that is used for collecting, 17 separating, storing, or processing recyclable 18 materials, locating within the taxing district 19 during the immediately preceding year from another 20 state, territory, or country, or having been newly 21 created within this State during the immediately 22 preceding year, or expanding an existing facility. 23 The abatement shall not exceed a period of 10 years 24 and the aggregate amount of abated taxes for all 25 taxing districts combined shall not exceed 26 $4,000,000; or 27 (B) The property of any commercial or 28 industrial development of at least 500 acres having 29 been created within the taxing district. The 30 abatement shall not exceed a period of 20 years and 31 the aggregate amount of abated taxes for all taxing HB0390 Enrolled -2- LRB9100151PTdv 1 districts combined shall not exceed $12,000,000. 2 (C) The property of any commercial or 3 industrial firm currently located in the taxing 4 district that expands a facility or its number of 5 employees. The abatement shall not exceed a period 6 of 10 years and the aggregate amount of abated taxes 7 for all taxing districts combined shall not exceed 8 $4,000,000. The abatement period may be renewed at 9 the option of the taxing districts. 10 (2) Horse racing. Any property in the taxing 11 district which is used for the racing of horses and upon 12 which capital improvements consisting of expansion, 13 improvement or replacement of existing facilities have 14 been made since July 1, 1987. The combined abatements 15 for such property from all taxing districts in any county 16 shall not exceed $5,000,000 annually and shall not exceed 17 a period of 10 years. 18 (3) Auto racing. Any property designed exclusively 19 for the racing of motor vehicles. Such abatement shall 20 not exceed a period of 10 years. 21 (4) Academic or research institute. The property 22 of any academic or research institute in the taxing 23 district that (i) is an exempt organization under 24 paragraph (3) of Section 501(c) of the Internal Revenue 25 Code, (ii) operates for the benefit of the public by 26 actually and exclusively performing scientific research 27 and making the results of the research available to the 28 interested public on a non-discriminatory basis, and 29 (iii) employs more than 100 employees. An abatement 30 granted under this paragraph shall be for at least 15 31 years and the aggregate amount of abated taxes for all 32 taxing districts combined shall not exceed $5,000,000. 33 (5) Housing for older persons. Any property in the 34 taxing district that is devoted exclusively to affordable HB0390 Enrolled -3- LRB9100151PTdv 1 housing for older households. For purposes of this 2 paragraph, "older households" means those households (i) 3 living in housing provided under any State or federal 4 program that the Department of Human Rights determines is 5 specifically designed and operated to assist elderly 6 persons and is solely occupied by persons 55 years of age 7 or older and (ii) whose annual income does not exceed 80% 8 of the area gross median income, adjusted for family 9 size, as such gross income and median income are 10 determined from time to time by the United States 11 Department of Housing and Urban Development. The 12 abatement shall not exceed a period of 15 years, and the 13 aggregate amount of abated taxes for all taxing districts 14 shall not exceed $3,000,000. 15 (6) Historical society. For assessment years 1998 16 through 2000, the property of an historical society 17 qualifying as an exempt organization under Section 18 501(c)(3) of the federal Internal Revenue Code. 19 (7) Recreational facilities. Any property in the 20 taxing district (i) that is used for a municipal airport, 21 (ii) that is subject to a leasehold assessment under 22 Section 9-195 of this Code and (iii) which is sublet from 23 a park district that is leasing the property from a 24 municipality, but only if the property is used 25 exclusively for recreational facilities or for parking 26 lots used exclusively for those facilities. The 27 abatement shall not exceed a period of 10 years. 28 (b) Upon a majority vote of its governing authority, any 29 municipality may, after the determination of the assessed 30 valuation of its property, order the county clerk to abate 31 any portion of its taxes on any property that is located 32 within the corporate limits of the municipality in accordance 33 with Section 8-3-18 of the Illinois Municipal Code. 34 (Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97; HB0390 Enrolled -4- LRB9100151PTdv 1 90-568, eff. 1-1-99; 90-655, eff. 7-30-98; 91-644, eff. 2 8-20-99.) 3 Section 5. The Illinois Municipal Code is amended by 4 changing Section 2-3-5 and the Division 96 heading and adding 5 Section 11-96-5 as follows: 6 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5) 7 Sec. 2-3-5. Whenever in any county of less than 150,000 8 population as determined by the last preceding federal 9 census, any area of contiguous territory, not exceeding 2 10 square miles, not already included within the corporate 11 limits of any municipality, has residing thereon at least 200 12 inhabitants living in dwellings other than those designed to 13 be mobile, and is owned by at least 30 different owners, it 14 may be incorporated as a village as follows: 15 35 electors residing within the area may file with the 16 circuit clerk of the county in which such area is situated a 17 petition addressed to the circuit court for that county. 18 The petition shall set forth (1) a definite description 19 of the lands intended to be embraced in the proposed village, 20 (2) the number of inhabitants residing therein, (3) the name 21 of the proposed village, and (4) a prayer that a question be 22 submitted to the electors residing within the limits of the 23 proposed village whether they will incorporate as a village 24 under this Code. 25 If the area contains fewer than 7,500 residents and lies 26 within 1 1/2 miles of the boundary line of any existing 27 municipality, the consent of the existing municipality must 28 be obtained before the area may be incorporated. No area in a 29 county with a population of 150,000 or more that is 30 incorporating under the provisions of this Section shall need 31 to obtain the consent of any existing municipality before the 32 area may be incorporated. HB0390 Enrolled -5- LRB9100151PTdv 1 In addition, any contiguous territory in a county of 2 150,000 or more population which otherwise meets the 3 requirements of this Section may be incorporated as a village 4 pursuant to the provisions of this Section if (1) any part of 5 such territory is situated within 10 miles of a county with a 6 population less than 150,000 and a petition is filed pursuant 7 to this Section before January 1, 1991 or (2) any part of the 8 territory is situated within 25 miles of the Illinois state 9 line in a county having a population, according to the 1990 10 federal decennial census, of at least 150,000 but less than 11 185,000 and a petition is filed pursuant to this Section 12 before January 1, 1998. 13 In addition, contiguous territory not exceeding 2 square 14 miles in a county with a population of not less than 300,000 15 and not more than 350,000 that otherwise meets the 16 requirements of this Section may be incorporated as a village 17 pursuant to the provisions of this Section if (1) any part of 18 the territory is situated within 2 miles of a county with a 19 population of less than 150,000 and (2) a petition is filed 20 in the manner provided in this Section before JulyJanuary1, 21 20012000. The requirements of Section 2-3-18 concerning 22 compatibility with the official plan for development of the 23 county shall not apply to any territory seeking incorporation 24 under this paragraph. 25 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.) 26 (65 ILCS 5/Div. 96 heading) 27 DIVISION 96. JOINTOWNERSHIP OFPROPERTY OF 28 MUNICIPALITIES ANDWITHPARK DISTRICTS 29 (65 ILCS 5/11-96-5 new) 30 Sec. 11-96-5. Municipal and park district tax. 31 (a) If property within a municipality also lies within a 32 park district and the same property is being taxed for park HB0390 Enrolled -6- LRB9100151PTdv 1 or recreation purposes by both the municipality and the park 2 district, then the corporate authorities of the municipality 3 may adopt an ordinance or resolution to pay all or part of 4 the park district tax for the property according to 5 subsection (b). If the corporate authorities of a 6 municipality adopt a resolution or ordinance under this 7 Section, then the corporate authorities shall certify the 8 action to the county clerk. 9 (b) Before the county clerk extends the tax levy of the 10 park district, the corporate authorities of the municipality 11 may order the municipal treasurer to pay a specified amount 12 into a special abatement fund held by the county treasurer. 13 The county clerk shall then abate the park district tax 14 extension on the property within the municipality by the 15 amount in the abatement fund by apportioning the abatement 16 amount for each parcel of property according to the assessed 17 value as equalized by the board of review and Department of 18 Revenue. The county treasurer shall then pay the money in 19 the abatement fund to the park district. If the amount in 20 the abatement fund is more than the amount of the current tax 21 levy extended on the property, then the county treasurer 22 shall return the surplus amount to the municipal treasurer. 23 (c) For the purposes of the Property Tax Extension 24 Limitation Law, the amount of the extension abatement shall 25 continue to be included in the park district's aggregate 26 extension base. 27 (d) The municipal tax and abatement shall not exceed a 28 period of 10 years. 29 Section 10. The Park District Code is amended by adding 30 Section 8-23 as follows: 31 (70 ILCS 1205/8-23 new) 32 Sec. 8-23. Criminal background investigations. HB0390 Enrolled -7- LRB9100151PTdv 1 (a) An applicant for employment with a park district is 2 required as a condition of employment to authorize an 3 investigation to determine if the applicant has been 4 convicted of any of the enumerated criminal or drug offenses 5 in subsection (c) of this Section or has been convicted, 6 within 7 years of the application for employment with the 7 park district, of any other felony under the laws of this 8 State or of any offense committed or attempted in any other 9 state or against the laws of the United States that, if 10 committed or attempted in this State, would have been 11 punishable as a felony under the laws of this State. 12 Authorization for the investigation shall be furnished by the 13 applicant to the park district. Upon receipt of this 14 authorization, the park district shall submit the applicant's 15 name, sex, race, date of birth, and social security number to 16 the Department of State Police on forms prescribed by the 17 Department of State Police. The Department of State Police 18 shall conduct an investigation to ascertain if the applicant 19 being considered for employment has been convicted of any of 20 the enumerated criminal or drug offenses in subsection (c) of 21 this Section or has been convicted, within 7 years of the 22 application for employment with the park district, of any 23 other felony under the laws of this State or of any offense 24 committed or attempted in any other state or against the laws 25 of the United States that, if committed or attempted in this 26 State, would have been punishable as a felony under the laws 27 of this State. The Department of State Police shall charge 28 the park district a fee for conducting the investigation, 29 which fee shall be deposited in the State Police Services 30 Fund and shall not exceed the cost of the inquiry. The 31 applicant shall not be charged a fee by the park district for 32 the investigation. 33 (b) The Department of State Police shall furnish, 34 pursuant to positive identification, records of convictions, HB0390 Enrolled -8- LRB9100151PTdv 1 until expunged, to the president of the park district. Any 2 information concerning the record of convictions obtained by 3 the president shall be confidential and may only be 4 transmitted to those persons who are necessary to the 5 decision on whether to hire the applicant for employment. A 6 copy of the record of convictions obtained from the 7 Department of State Police shall be provided to the applicant 8 for employment. Any person who releases any confidential 9 information concerning any criminal convictions of an 10 applicant for employment shall be guilty of a Class A 11 misdemeanor, unless the release of such information is 12 authorized by this Section. 13 (c) No park district shall knowingly employ a person who 14 has been convicted for committing attempted first degree 15 murder or for committing or attempting to commit first degree 16 murder, a Class X felony, or any one or more of the following 17 offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 18 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 19 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 20 12-16 of the Criminal Code of 1961; (ii) those defined in the 21 Cannabis Control Act, except those defined in Sections 4(a), 22 4(b), and 5(a) of that Act; (iii) those defined in the 23 Illinois Controlled Substances Act; and (iv) any offense 24 committed or attempted in any other state or against the laws 25 of the United States, which, if committed or attempted in 26 this State, would have been punishable as one or more of the 27 foregoing offenses. Further, no park district shall 28 knowingly employ a person who has been found to be the 29 perpetrator of sexual or physical abuse of any minor under 18 30 years of age pursuant to proceedings under Article II of the 31 Juvenile Court Act of 1987. No park district shall knowingly 32 employ a person for whom a criminal background investigation 33 has not been initiated. HB0390 Enrolled -9- LRB9100151PTdv 1 Section 15. The Chicago Park District Act is amended by 2 adding Section 16a-5 as follows: 3 (70 ILCS 1505/16a-5 new) 4 Sec. 16a-5. Criminal background investigations. 5 (a) An applicant for employment with the Chicago Park 6 District is required as a condition of employment to 7 authorize an investigation to determine if the applicant has 8 been convicted of any of the enumerated criminal or drug 9 offenses in subsection (c) of this Section or has been 10 convicted, within 7 years of the application for employment 11 with the Chicago Park District, of any other felony under the 12 laws of this State or of any offense committed or attempted 13 in any other state or against the laws of the United States 14 that, if committed or attempted in this State, would have 15 been punishable as a felony under the laws of this State. 16 Authorization for the investigation shall be furnished by the 17 applicant to the Chicago Park District. Upon receipt of this 18 authorization, the Chicago Park District shall submit the 19 applicant's name, sex, race, date of birth, and social 20 security number to the Department of State Police on forms 21 prescribed by the Department of State Police. The Department 22 of State Police shall conduct an investigation to ascertain 23 if the applicant being considered for employment has been 24 convicted of any of the enumerated criminal or drug offenses 25 in subsection (c) of this Section or has been convicted, 26 within 7 years of the application for employment with the 27 Chicago Park District, of any other felony under the laws of 28 this State or of any offense committed or attempted in any 29 other state or against the laws of the United States that, if 30 committed or attempted in this State, would have been 31 punishable as a felony under the laws of this State. The 32 Department of State Police shall charge the Chicago Park 33 District a fee for conducting the investigation, which fee HB0390 Enrolled -10- LRB9100151PTdv 1 shall be deposited in the State Police Services Fund and 2 shall not exceed the cost of the inquiry. The applicant 3 shall not be charged a fee by the Chicago Park District for 4 the investigation. 5 (b) The Department of State Police shall furnish, 6 pursuant to positive identification, records of convictions, 7 until expunged, to the General Superintendent and Chief 8 Executive Officer of the Chicago Park District. Any 9 information concerning the record of convictions obtained by 10 the General Superintendent and Chief Executive Officer shall 11 be confidential and may only be transmitted to those persons 12 who are necessary to the decision on whether to hire the 13 applicant for employment. A copy of the record of 14 convictions obtained from the Department of State Police 15 shall be provided to the applicant for employment. Any 16 person who releases any confidential information concerning 17 any criminal convictions of an applicant for employment shall 18 be guilty of a Class A misdemeanor, unless the release of 19 such information is authorized by this Section. 20 (c) The Chicago Park District may not knowingly employ a 21 person who has been convicted for committing attempted first 22 degree murder or for committing or attempting to commit first 23 degree murder, a Class X felony, or any one or more of the 24 following offenses: (i) those defined in Sections 11-6, 25 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 26 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 27 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) 28 those defined in the Cannabis Control Act, except those 29 defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii) 30 those defined in the Illinois Controlled Substances Act; and 31 (iv) any offense committed or attempted in any other state or 32 against the laws of the United States, which, if committed or 33 attempted in this State, would have been punishable as one or 34 more of the foregoing offenses. Further, the Chicago Park HB0390 Enrolled -11- LRB9100151PTdv 1 District may not knowingly employ a person who has been found 2 to be the perpetrator of sexual or physical abuse of any 3 minor under 18 years of age pursuant to proceedings under 4 Article II of the Juvenile Court Act of 1987. The Chicago 5 Park District may not knowingly employ a person for whom a 6 criminal background investigation has not been initiated. 7 Section 20. The School Code is amended by changing 8 Sections 10-21.9 and 34-18.5 as follows: 9 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) 10 Sec. 10-21.9. Criminal background investigations. 11 (a) After August 1, 1985, certified and noncertified 12 applicants for employment with a school district, except 13 school bus driver applicants, are required as a condition of 14 employment to authorize an investigation to determine if such 15 applicants have been convicted of any of the enumerated 16 criminal or drug offenses in subsection (c) of this Section 17 or have been convicted, within 7 years of the application for 18 employment with the school district, of any other felony 19 under the laws of this State or of any offense committed or 20 attempted in any other state or against the laws of the 21 United States that, if committed or attempted in this State, 22 would have been punishable as a felony under the laws of this 23 State. Authorization for the investigation shall be furnished 24 by the applicant to the school district, except that if the 25 applicant is a substitute teacher seeking employment in more 26 than one school district, a teacher seeking concurrent 27 part-time employment positions with more than one school 28 district (as a reading specialist, special education teacher 29 or otherwise), or an educational support personnel employee 30 seeking employment positions with more than one district, any 31 such district may require the applicant to furnish 32 authorization for the investigation to the regional HB0390 Enrolled -12- LRB9100151PTdv 1 superintendent of the educational service region in which are 2 located the school districts in which the applicant is 3 seeking employment as a substitute or concurrent part-time 4 teacher or concurrent educational support personnel employee. 5 Upon receipt of this authorization, the school district or 6 the appropriate regional superintendent, as the case may be, 7 shall submit the applicant's name, sex, race, date of birth 8 and social security number to the Department of State Police 9 on forms prescribed by the Department. The regional 10 superintendent submitting the requisite information to the 11 Department of State Police shall promptly notify the school 12 districts in which the applicant is seeking employment as a 13 substitute or concurrent part-time teacher or concurrent 14 educational support personnel employee that the investigation 15 of the applicant has been requested. The Department of State 16 Police shall conduct an investigation to ascertain if the 17 applicant being considered for employment has been convicted 18 of any of the enumerated criminal or drug offenses in 19 subsection (c) or has been convicted, within 7 years of the 20 application for employment with the school district, of any 21 other felony under the laws of this State or of any offense 22 committed or attempted in any other state or against the laws 23 of the United States that, if committed or attempted in this 24 State, would have been punishable as a felony under the laws 25 of this State. The Department shall charge the school 26 district or the appropriate regional superintendent a fee for 27 conducting such investigation, which fee shall be deposited 28 in the State Police Services Fund and shall not exceed the 29 cost of the inquiry; and the applicant shall not be charged a 30 fee for such investigation by the school district or by the 31 regional superintendent. The regional superintendent may 32 seek reimbursement from the State Board of Education or the 33 appropriate school district or districts for fees paid by the 34 regional superintendent to the Department for the criminal HB0390 Enrolled -13- LRB9100151PTdv 1 background investigations required by this Section. 2 (b) The Department shall furnish, pursuant to positive 3 identification, records of convictions, until expunged, to 4 the president of the school board for the school district 5 which requested the investigation, or to the regional 6 superintendent who requested the investigation. Any 7 information concerning the record of convictions obtained by 8 the president of the school board or the regional 9 superintendent shall be confidential and may only be 10 transmitted to the superintendent of the school district or 11 his designee, the appropriate regional superintendent if the 12 investigation was requested by the school district, the 13 presidents of the appropriate school boards if the 14 investigation was requested from the Department of State 15 Police by the regional superintendent, the State 16 Superintendent of Education, the State Teacher Certification 17 Board or any other person necessary to the decision of hiring 18 the applicant for employment. A copy of the record of 19 convictions obtained from the Department of State Police 20 shall be provided to the applicant for employment. If an 21 investigation of an applicant for employment as a substitute 22 or concurrent part-time teacher or concurrent educational 23 support personnel employee in more than one school district 24 was requested by the regional superintendent, and the 25 Department of State Police upon investigation ascertains that 26 the applicant has not been convicted of any of the enumerated 27 criminal or drug offenses in subsection (c) or has not been 28 convicted, within 7 years of the application for employment 29 with the school district, of any other felony under the laws 30 of this State or of any offense committed or attempted in any 31 other state or against the laws of the United States that, if 32 committed or attempted in this State, would have been 33 punishable as a felony under the laws of this State and so 34 notifies the regional superintendent, then the regional HB0390 Enrolled -14- LRB9100151PTdv 1 superintendent shall issue to the applicant a certificate 2 evidencing that as of the date specified by the Department of 3 State Police the applicant has not been convicted of any of 4 the enumerated criminal or drug offenses in subsection (c) or 5 has not been convicted, within 7 years of the application for 6 employment with the school district, of any other felony 7 under the laws of this State or of any offense committed or 8 attempted in any other state or against the laws of the 9 United States that, if committed or attempted in this State, 10 would have been punishable as a felony under the laws of this 11 State. The school board of any school district located in 12 the educational service region served by the regional 13 superintendent who issues such a certificate to an applicant 14 for employment as a substitute teacher in more than one such 15 district may rely on the certificate issued by the regional 16 superintendent to that applicant, or may initiate its own 17 investigation of the applicant through the Department of 18 State Police as provided in subsection (a). Any person who 19 releases any confidential information concerning any criminal 20 convictions of an applicant for employment shall be guilty of 21 a Class A misdemeanor, unless the release of such information 22 is authorized by this Section. 23 (c) No school board shall knowingly employ a person who 24 has been convicted for committing attempted first degree 25 murder or for committing or attempting to commit first degree 26 murder or a Class X felony or any one or more of the 27 following offenses: (i) those defined in Sections 11-6, 11-9, 28 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 29 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 30 and 12-16 of the "Criminal Code of 1961"; (ii) those defined 31 in the "Cannabis Control Act" except those defined in 32 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined 33 in the "Illinois Controlled Substances Act"; and (iv) any 34 offense committed or attempted in any other state or against HB0390 Enrolled -15- LRB9100151PTdv 1 the laws of the United States, which if committed or 2 attempted in this State, would have been punishable as one or 3 more of the foregoing offenses. Further, no school board 4 shall knowingly employ a person who has been found to be the 5 perpetrator of sexual or physical abuse of any minor under 18 6 years of age pursuant to proceedings under Article II of the 7 Juvenile Court Act of 1987. 8 (d) No school board shall knowingly employ a person for 9 whom a criminal background investigation has not been 10 initiated. 11 (e) Upon receipt of the record of a conviction of or a 12 finding of child abuse by a holder of any certificate issued 13 pursuant to Article 21 or Section 34-8.1 or 34-83 of the 14 School Code, the appropriate regional superintendent of 15 schools or the State Superintendent of Education shall 16 initiate the certificate suspension and revocation 17 proceedings authorized by law. 18 (f) After January 1, 1990 the provisions of this Section 19 shall apply to all employees of persons or firms holding 20 contracts with any school district including, but not limited 21 to, food service workers, school bus drivers and other 22 transportation employees, who have direct, daily contact with 23 the pupils of any school in such district. For purposes of 24 criminal background investigations on employees of persons or 25 firms holding contracts with more than one school district 26 and assigned to more than one school district, the regional 27 superintendent of the educational service region in which the 28 contracting school districts are located may, at the request 29 of any such school district, be responsible for receiving the 30 authorization for investigation prepared by each such 31 employee and submitting the same to the Department of State 32 Police. Any information concerning the record of conviction 33 of any such employee obtained by the regional superintendent 34 shall be promptly reported to the president of the HB0390 Enrolled -16- LRB9100151PTdv 1 appropriate school board or school boards. 2 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 3 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.) 4 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) 5 Sec. 34-18.5. Criminal background investigations. 6 (a) After August 1, 1985, certified and noncertified 7 applicants for employment with the school district are 8 required as a condition of employment to authorize an 9 investigation to determine if such applicants have been 10 convicted of any of the enumerated criminal or drug offenses 11 in subsection (c) of this Section or have been convicted, 12 within 7 years of the application for employment with the 13 school district, of any other felony under the laws of this 14 State or of any offense committed or attempted in any other 15 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. 18 Authorization for the investigation shall be furnished by the 19 applicant to the school district, except that if the 20 applicant is a substitute teacher seeking employment in more 21 than one school district, or a teacher seeking concurrent 22 part-time employment positions with more than one school 23 district (as a reading specialist, special education teacher 24 or otherwise), or an educational support personnel employee 25 seeking employment positions with more than one district, any 26 such district may require the applicant to furnish 27 authorization for the investigation to the regional 28 superintendent of the educational service region in which are 29 located the school districts in which the applicant is 30 seeking employment as a substitute or concurrent part-time 31 teacher or concurrent educational support personnel employee. 32 Upon receipt of this authorization, the school district or 33 the appropriate regional superintendent, as the case may be, HB0390 Enrolled -17- LRB9100151PTdv 1 shall submit the applicant's name, sex, race, date of birth 2 and social security number to the Department of State Police 3 on forms prescribed by the Department. The regional 4 superintendent submitting the requisite information to the 5 Department of State Police shall promptly notify the school 6 districts in which the applicant is seeking employment as a 7 substitute or concurrent part-time teacher or concurrent 8 educational support personnel employee that the investigation 9 of the applicant has been requested. The Department of State 10 Police shall conduct an investigation to ascertain if the 11 applicant being considered for employment has been convicted 12 of any of the enumerated criminal or drug offenses in 13 subsection (c) or has been convicted, within 7 years of the 14 application for employment with the school district, of any 15 other felony under the laws of this State or of any offense 16 committed or attempted in any other state or against the laws 17 of the United States that, if committed or attempted in this 18 State, would have been punishable as a felony under the laws 19 of this State. The Department shall charge the school 20 district or the appropriate regional superintendent a fee for 21 conducting such investigation, which fee shall be deposited 22 in the State Police Services Fund and shall not exceed the 23 cost of the inquiry; and the applicant shall not be charged a 24 fee for such investigation by the school district or by the 25 regional superintendent. The regional superintendent may 26 seek reimbursement from the State Board of Education or the 27 appropriate school district or districts for fees paid by the 28 regional superintendent to the Department for the criminal 29 background investigations required by this Section. 30 (b) The Department shall furnish, pursuant to positive 31 identification, records of convictions, until expunged, to 32 the president of the board of education for the school 33 district which requested the investigation, or to the 34 regional superintendent who requested the investigation. Any HB0390 Enrolled -18- LRB9100151PTdv 1 information concerning the record of convictions obtained by 2 the president of the board of education or the regional 3 superintendent shall be confidential and may only be 4 transmitted to the general superintendent of the school 5 district or his designee, the appropriate regional 6 superintendent if the investigation was requested by the 7 board of education for the school district, the presidents of 8 the appropriate board of education or school boards if the 9 investigation was requested from the Department of State 10 Police by the regional superintendent, the State 11 Superintendent of Education, the State Teacher Certification 12 Board or any other person necessary to the decision of hiring 13 the applicant for employment. A copy of the record of 14 convictions obtained from the Department of State Police 15 shall be provided to the applicant for employment. If an 16 investigation of an applicant for employment as a substitute 17 or concurrent part-time teacher or concurrent educational 18 support personnel employee in more than one school district 19 was requested by the regional superintendent, and the 20 Department of State Police upon investigation ascertains that 21 the applicant has not been convicted of any of the enumerated 22 criminal or drug offenses in subsection (c) or has not been 23 convicted, within 7 years of the application for employment 24 with the school district, of any other felony under the laws 25 of this State or of any offense committed or attempted in any 26 other state or against the laws of the United States that, if 27 committed or attempted in this State, would have been 28 punishable as a felony under the laws of this State and so 29 notifies the regional superintendent, then the regional 30 superintendent shall issue to the applicant a certificate 31 evidencing that as of the date specified by the Department of 32 State Police the applicant has not been convicted of any of 33 the enumerated criminal or drug offenses in subsection (c) or 34 has not been convicted, within 7 years of the application for HB0390 Enrolled -19- LRB9100151PTdv 1 employment with the school district, of any other felony 2 under the laws of this State or of any offense committed or 3 attempted in any other state or against the laws of the 4 United States that, if committed or attempted in this State, 5 would have been punishable as a felony under the laws of this 6 State. The school board of any school district located in 7 the educational service region served by the regional 8 superintendent who issues such a certificate to an applicant 9 for employment as a substitute or concurrent part-time 10 teacher or concurrent educational support personnel employee 11 in more than one such district may rely on the certificate 12 issued by the regional superintendent to that applicant, or 13 may initiate its own investigation of the applicant through 14 the Department of State Police as provided in subsection (a). 15 Any person who releases any confidential information 16 concerning any criminal convictions of an applicant for 17 employment shall be guilty of a Class A misdemeanor, unless 18 the release of such information is authorized by this 19 Section. 20 (c) The board of education shall not knowingly employ a 21 person who has been convicted for committing attempted first 22 degree murder or for committing or attempting to commit first 23 degree murder or a Class X felony or any one or more of the 24 following offenses: (i) those defined in Sections 11-6, 25 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 26 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 27 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) 28 those defined in the Cannabis Control Act, except those 29 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) 30 those defined in the Illinois Controlled Substances Act; and 31 (iv) any offense committed or attempted in any other state or 32 against the laws of the United States, which if committed or 33 attempted in this State, would have been punishable as one or 34 more of the foregoing offenses. Further, the board of HB0390 Enrolled -20- LRB9100151PTdv 1 education shall not knowingly employ a person who has been 2 found to be the perpetrator of sexual or physical abuse of 3 any minor under 18 years of age pursuant to proceedings under 4 Article II of the Juvenile Court Act of 1987. 5 (d) The board of education shall not knowingly employ a 6 person for whom a criminal background investigation has not 7 been initiated. 8 (e) Upon receipt of the record of a conviction of or a 9 finding of child abuse by a holder of any certificate issued 10 pursuant to Article 21 or Section 34-8.1 or 34-83 of the 11 School Code, the board of education or the State 12 Superintendent of Education shall initiate the certificate 13 suspension and revocation proceedings authorized by law. 14 (f) After March 19, 1990, the provisions of this Section 15 shall apply to all employees of persons or firms holding 16 contracts with any school district including, but not limited 17 to, food service workers, school bus drivers and other 18 transportation employees, who have direct, daily contact with 19 the pupils of any school in such district. For purposes of 20 criminal background investigations on employees of persons or 21 firms holding contracts with more than one school district 22 and assigned to more than one school district, the regional 23 superintendent of the educational service region in which the 24 contracting school districts are located may, at the request 25 of any such school district, be responsible for receiving the 26 authorization for investigation prepared by each such 27 employee and submitting the same to the Department of State 28 Police. Any information concerning the record of conviction 29 of any such employee obtained by the regional superintendent 30 shall be promptly reported to the president of the 31 appropriate school board or school boards. 32 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 33 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.) HB0390 Enrolled -21- LRB9100151PTdv 1 Section 90. The State Mandates Act is amended by adding 2 Section 8.24 as follows: 3 (30 ILCS 805/8.24 new) 4 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 5 and 8 of this Act, no reimbursement by the State is required 6 for the implementation of any mandate created by this 7 amendatory Act of the 91st General Assembly. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.