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91_HB1383sam001
LRB9103127EGfgam01
1 AMENDMENT TO HOUSE BILL 1383
2 AMENDMENT NO. . Amend House Bill 1383 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Wireless Emergency Telephone Safety Act.
6 Section 5. Purpose. The General Assembly finds and
7 declares it is in the public interest to promote the use of
8 wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service
9 in order to save lives and protect the property of the
10 citizens of the State of Illinois.
11 Wireless carriers are required by the Federal
12 Communications Commission (FCC) to provide E9-1-1 service in
13 the form of automatic location identification and automatic
14 number identification pursuant to policies set forth by the
15 FCC.
16 Public safety agencies and wireless carriers are
17 encouraged to work together to provide emergency access to
18 wireless 9-1-1 and wireless E9-1-1 service. Public safety
19 agencies and wireless carriers operating wireless 9-1-1 and
20 wireless E9-1-1 systems require adequate funding to recover
21 the costs of designing, purchasing, installing, testing, and
22 operating enhanced facilities, systems, and services
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1 necessary to comply with the wireless E9-1-1 requirements
2 mandated by the Federal Communications Commission and to
3 maximize the availability of wireless E9-1-1 services
4 throughout the State of Illinois.
5 The revenues generated by the wireless carrier surcharge
6 enacted by this Act are required to fund the efforts of the
7 wireless carriers, emergency telephone system boards,
8 qualified governmental entities, and the Department of State
9 Police to improve the public health, safety, and welfare and
10 to serve a public purpose by providing emergency telephone
11 assistance through wireless communications.
12 It is the intent of the General Assembly to:
13 (1) establish and implement a cohesive statewide
14 emergency telephone number that will provide wireless
15 telephone users with rapid direct access to public safety
16 agencies by dialing the telephone number 9-1-1;
17 (2) encourage wireless carriers and public safety
18 agencies to provide E9-1-1 services that will assist
19 public safety agencies in determining the caller's
20 approximate location and wireless telephone number;
21 (3) grant authority to public safety agencies not
22 already in possession of the authority to finance the
23 cost of installing and operating wireless 9-1-1 systems
24 and reimbursing wireless carriers for costs incurred to
25 provide wireless E9-1-1 services; and
26 (4) provide for a reasonable fee on wireless
27 telephone service subscribers to accomplish these
28 purposes.
29 Section 10. Definitions. In this Act:
30 "Emergency telephone system board" means a board
31 appointed by the corporate authorities of any county or
32 municipality that provides for the management and operation
33 of a 9-1-1 system within the scope of the duties and powers
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1 prescribed by the Emergency Telephone System Act.
2 "Master street address guide" means the computerized
3 geographical database that consists of all street and address
4 data within a 9-1-1 system.
5 "Public safety agency" means a functional division of a
6 public agency that provides fire fighting, police, medical,
7 or other emergency services. For the purpose of providing
8 wireless service to users of 9-1-1 emergency services, as
9 expressly provided for in this Act, the Department of State
10 Police may be considered a public safety agency.
11 "Qualified governmental entity" means a unit of local
12 government authorized to provide 9-1-1 services pursuant to
13 the Emergency Telephone System Act where no emergency
14 telephone system board exists.
15 "Statewide wireless emergency 9-1-1 system" means all
16 areas of the State where an emergency telephone system board
17 or, in the absence of an emergency telephone system board, a
18 qualified governmental entity has not declared its intention
19 for one or more of its public safety answering points to
20 serve as a primary wireless 9-1-1 public safety answering
21 point for its jurisdiction. The operator of the statewide
22 wireless emergency 9-1-1 system shall be the Department of
23 State Police.
24 "Wireless carrier" means a provider of two-way cellular,
25 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
26 Mobile Radio Service (CMRS), Wireless Communications Service
27 (WCS), or other Commercial Mobile Radio Service (CMRS), as
28 defined by the Federal Communications Commission, offering
29 radio communications that may provide fixed, mobile, radio
30 location, or satellite communication services to individuals
31 or businesses within its assigned spectrum block and
32 geographical area or that offers real-time, two-way voice
33 service that is interconnected with the public switched
34 network, including a reseller of such service.
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1 "Wireless enhanced 9-1-1" means the ability to relay the
2 telephone number of the originator of a 9-1-1 call and the
3 location of the cell site or base station receiving a 9-1-1
4 call from any mobile handset or text telephone device
5 accessing the wireless system to the designated wireless
6 public safety answering point through the use of automatic
7 number identification and pseudo-automatic number
8 identification.
9 "Wireless public safety answering point" means the
10 functional division of an emergency telephone system board,
11 qualified governmental entity, or the Department of State
12 Police accepting wireless 9-1-1 calls.
13 "Wireless subscriber" means an individual or entity to
14 whom a wireless service account or number has been assigned
15 by a wireless carrier.
16 Section 15. Wireless emergency 9-1-1 service. The
17 digits "9-1-1" shall be the designated emergency telephone
18 number within the wireless system.
19 (a) Standards. The Illinois Commerce Commission may set
20 non-discriminatory, uniform technical and operational
21 standards consistent with the rules of the Federal
22 Communications Commission for directing calls to authorized
23 public safety answering points. These standards shall not in
24 any way prescribe the technology or manner a wireless carrier
25 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
26 and these standards shall not exceed the requirements set by
27 the Federal Communications Commission. However, standards
28 for directing calls to the authorized public safety answering
29 point shall be included. The authority given to the Illinois
30 Commerce Commission in this Section is limited to setting
31 standards as set forth herein and does not constitute
32 authority to regulate wireless carriers.
33 (b) Wireless public safety answering points. For the
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1 purpose of providing wireless 9-1-1 emergency services, an
2 emergency telephone system board or, in the absence of an
3 emergency telephone system board, a qualified governmental
4 entity may declare its intention for one or more of its
5 public safety answering points to serve as a primary wireless
6 9-1-1 public safety answering point for its jurisdiction by
7 notifying the Chief Clerk of the Illinois Commerce Commission
8 and the Director of State Police in writing within 6 months
9 after the effective date of this Act or within 6 months after
10 receiving its authority to operate a 9-1-1 system under the
11 Emergency Telephone System Act, whichever is later. In
12 addition, 2 or more emergency telephone system boards or
13 qualified units of local government may, by virtue of an
14 intergovernmental agreement, provide wireless 9-1-1 service.
15 The Department of State Police shall be the primary wireless
16 9-1-1 public safety answering point for any jurisdiction not
17 providing notice to the Commission and the Department of
18 State Police. Nothing in this Act shall require the
19 provision of wireless enhanced 9-1-1 services.
20 The Illinois Commerce Commission, upon a joint request
21 from the Department of State Police and a qualified
22 governmental entity or an emergency telephone system board,
23 may grant authority to the emergency telephone system board
24 or a qualified governmental entity to provide wireless 9-1-1
25 service in areas for which the Department of State Police has
26 accepted wireless 9-1-1 responsibility. The Illinois
27 Commerce Commission shall maintain a current list of all
28 9-1-1 systems and qualified governmental entities providing
29 wireless 9-1-1 service under this Act.
30 Any emergency telephone system board or qualified
31 governmental entity providing wireless 9-1-1 service prior to
32 the effective date of this Act may continue to operate upon
33 notification as previously described in this Section. An
34 emergency telephone system board or a qualified governmental
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1 entity shall submit, with its notification, the date upon
2 which it commenced operating.
3 (c) Wireless Enhanced 9-1-1 Board. The Wireless
4 Enhanced 9-1-1 Board is created. The Board consists of 7
5 members appointed by the Governor with the advice and consent
6 of the Senate. It is recommended that the Governor appoint
7 members from the following: the Illinois Chapter of the
8 National Emergency Numbers Association, the Illinois State
9 Police, law enforcement agencies, the wireless
10 telecommunications industry, an emergency telephone system
11 board in Cook County (outside the City of Chicago), an
12 emergency telephone system board in the Metro-east area, and
13 an emergency telephone system board in the collar counties
14 (Lake, McHenry, DuPage, Kane, and Will counties). Members of
15 the Board may not receive any compensation but may, however,
16 be reimbursed for any necessary expenditure in connection
17 with their duties.
18 Except as provided in Section 45, the Wireless Enhanced
19 9-1-1 Board shall set the amount of the monthly wireless
20 surcharge required to be imposed under subsection (d) of this
21 Section on all wireless subscribers in this State. The
22 surcharge may not be more than $0.75 per month per CMRS
23 connection.
24 The Wireless Enhanced 9-1-1 Board shall report to the
25 General Assembly by January 1, 2000 on implementing wireless
26 non-emergency services for the purpose of public safety using
27 the digits 3-1-1. The Board shall consider the delivery of
28 3-1-1 services in a 6 county area, including rural Cook
29 County (outside of the City of Chicago), and DuPage, Lake,
30 McHenry, Will, and Kane Counties, as well as counties outside
31 of this area by an emergency telephone system board, a
32 qualified governmental entity, or private industry. Upon
33 filing its report, the Board is dissolved.
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1 Section 17. Wireless carrier surcharge.
2 (a) Except as provided in Section 45, each wireless
3 carrier shall impose a monthly wireless carrier surcharge per
4 CMRS connection that either has a telephone number within an
5 area code assigned to Illinois by the North American
6 Numbering Plan Administrator or has a billing address in this
7 State. The wireless carrier that provides wireless service
8 to the subscriber shall collect the surcharge set by the
9 Wireless Enhanced 9-1-1 Board from the subscriber. The
10 surcharge shall be stated as a separate item on the
11 subscriber's monthly bill. The wireless carrier shall begin
12 collecting the surcharge on bills issued within 90 days after
13 the Wireless Enhanced 9-1-1 Board sets the monthly wireless
14 surcharge. State and local taxes shall not apply to the
15 wireless carrier surcharge.
16 (b) Except as provided in Section 45, a wireless carrier
17 shall, within 45 days of collection, remit, either by check
18 or by electronic funds transfer, to the State Treasurer of
19 the amount of the wireless carrier surcharge collected from
20 each subscriber. Of the amounts remitted under this
21 subsection, the State Treasurer shall deposit one-third into
22 the Wireless Carrier Reimbursement Fund and two-thirds into
23 the Wireless Service Emergency Fund.
24 (c) The first such remittance by wireless carriers shall
25 include the number of customers by zip code, and the 9-digit
26 zip code if currently being used or later implemented by the
27 carrier, that shall be the means by which the Department of
28 Central Management Services shall determine distributions
29 from the Wireless Service Emergency Fund. This information
30 shall be updated no less often than every year. Wireless
31 carriers are not required to remit surcharge moneys that are
32 billed to subscribers but not yet collected.
33 Section 20. Wireless Service Emergency Fund; uses. The
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1 Wireless Service Emergency Fund is created as a special fund
2 in the State treasury. Subject to appropriation, moneys in
3 the Wireless Service Emergency Fund may only be used for
4 grants for emergency telephone system boards, qualified
5 government entities, or the Department of State Police.
6 These grants may be used only for the design, implementation,
7 operation, maintenance, or upgrade of wireless 9-1-1 or
8 E9-1-1 emergency services and public safety answering points,
9 and for no other purposes.
10 The moneys received by the Department of State Police
11 from the Wireless Service Emergency Fund, in any year, may be
12 used for any costs relating to the leasing, modification, or
13 maintenance of any building or facility used to house
14 personnel or equipment associated with the operation of
15 wireless 9-1-1 or wireless E9-1-1 emergency services, to
16 ensure service in those areas where service is not otherwise
17 provided.
18 Moneys from the Wireless Service Emergency Fund may not
19 be used to pay for or recover any costs associated with
20 public safety agency equipment or personnel dispatched in
21 response to wireless 9-1-1 or wireless E9-1-1 emergency
22 calls.
23 Section 25. Wireless Service Emergency Fund;
24 distribution of moneys. Within 60 days after the effective
25 date of this Act, wireless carriers shall submit to the
26 Department of Central Management Services the number of
27 wireless subscribers by zip code and the 9-digit zip code of
28 the wireless subscribers, if currently being used or later
29 implemented by the carrier.
30 The Department of Central Management Services shall,
31 subject to appropriation, make monthly proportional grants to
32 the appropriate emergency telephone system board or qualified
33 governmental entity based upon the United States Postal Zip
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1 Code of the wireless subscriber's billing address. No
2 matching funds shall be required from grant recipients.
3 If the Department of Central Management Service is
4 notified of an area of overlapping jurisdiction, grants for
5 that area shall be made based upon reference to an official
6 Master Street Address Guide to the emergency telephone system
7 board or qualified governmental entity whose public service
8 answering points provide wireless 9-1-1 service in that area.
9 The emergency telephone system board or qualified
10 governmental entity shall provide the Department of Central
11 Management Services with a valid copy of the appropriate
12 Master Street Address Guide. The Department of Central
13 Management Services does not have a duty to verify
14 jurisdictional responsibility.
15 In the event of a subscriber billing address being
16 matched to an incorrect jurisdiction by the Department of
17 Central Management Services, the recipient, upon notification
18 from the Department of Central Management Services, shall
19 redirect the funds to the correct jurisdiction. The
20 Department of Central Management Services shall not be held
21 liable for any damages relating to an act or omission under
22 this Act, unless the act or omission constitutes gross
23 negligence, recklessness, or intentional misconduct.
24 In the event of a dispute between emergency telephone
25 system boards or qualified governmental entities concerning a
26 subscriber billing address, the Department of Central
27 Management Services shall resolve the dispute.
28 The Department of Central Management Services shall
29 maintain detailed records of all receipts and disbursements
30 and shall provide an annual accounting of all receipts and
31 disbursements to the Auditor General.
32 The Department of Central Management Services shall adopt
33 rules to govern the grant process.
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1 Section 30. Wireless Carrier Reimbursement Fund; uses.
2 The Wireless Carrier Reimbursement Fund is created as a
3 special fund in the State treasury. Moneys in the Wireless
4 Carrier Reimbursement Fund may be used, subject to
5 appropriation, only to reimburse wireless carriers for all of
6 their costs incurred in complying with the applicable
7 provisions of Federal Communications Commission wireless
8 enhanced 9-1-1 service mandates. This reimbursement may
9 include, but need not be limited to, the cost of designing,
10 upgrading, purchasing, leasing, programming, installing,
11 testing, and maintaining necessary data, hardware, and
12 software and associated operating and administrative costs
13 and overhead.
14 Section 35. Wireless Carrier Reimbursement Fund;
15 reimbursement. To recover costs from the Wireless Carrier
16 Reimbursement Fund, the wireless carrier shall submit sworn
17 invoices to the Department of Central Management Services.
18 In no event may any invoice for payment be approved for (i)
19 costs that are not related to compliance with the
20 requirements established by the wireless enhanced 9-1-1
21 mandates of the Federal Communications Commission, (ii) costs
22 with respect to any wireless enhanced 9-1-1 service that is
23 not operable at the time the invoice is submitted, or (iii)
24 costs of any wireless carrier exceeding 125% of the wireless
25 emergency services charges remitted to the Wireless Carrier
26 Reimbursement Fund by the wireless carrier under Section
27 17(b)unless the wireless carrier received prior approval for
28 the expenditures from the Department of Central Management
29 Services.
30 If in any month the total amount of invoices submitted to
31 the Department of Central Management Services and approved
32 for payment exceeds the amount available in the Wireless
33 Carrier Reimbursement Fund, wireless carriers that have
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1 invoices approved for payment shall receive a pro-rata share
2 of the amount available in the Wireless Carrier Reimbursement
3 Fund based on the relative amount of their approved invoices
4 available that month, and the balance of the payments shall
5 be carried into the following months, and shall include
6 appropriate interest at the statutory rate, until all of the
7 approved payments are made.
8 A wireless carrier may not receive payment from the
9 Wireless Carrier Reimbursement Fund for its costs of
10 providing wireless enhanced 9-1-1 services in an area when a
11 unit of local government or emergency telephone system board
12 provides wireless 9-1-1 services in that area and was
13 imposing and collecting a wireless carrier surcharge prior to
14 July 1, 1998.
15 The Department of Central Management Services shall
16 maintain detailed records of all receipts and disbursements
17 and shall provide an annual accounting of all receipts and
18 disbursements to the Auditor General.
19 The Department of Central Management Services shall adopt
20 rules to govern the reimbursement process.
21 Section 40. Public disclosure. Because of the highly
22 competitive nature of the wireless telephone industry, a
23 public disclosure of information about surcharge moneys paid
24 by wireless carriers could have the effect of stifling
25 competition to the detriment of the public and the delivery
26 of wireless 9-1-1 services. Therefore, the Department of
27 Central Management Services, the Department of State Police,
28 governmental agencies, and individuals with access to that
29 information shall take appropriate steps to prevent public
30 disclosure of this information. Information and data
31 supporting the amount and distribution of surcharge moneys
32 collected and remitted by an individual wireless carrier
33 shall be deemed exempt information for purposes of the
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1 Freedom of Information Act and shall not be publicly
2 disclosed. The gross amount paid by all carriers shall not
3 be deemed exempt and may be publicly disclosed.
4 Section 45. Continuation of current practices.
5 Notwithstanding any other provision of this Act, a unit of
6 local government or emergency telephone system board
7 providing wireless 9-1-1 service and imposing and collecting
8 a wireless carrier surcharge prior to July 1, 1998 may
9 continue its practices of imposing and collecting its
10 wireless carrier surcharge, but in no event shall that
11 monthly surcharge exceed $1.25 per commercial mobile radio
12 service (CMRS) connection or in-service telephone number
13 billed on a monthly basis.
14 Section 50. Limitation of liability. Notwithstanding any
15 other provision of law, in no event shall a unit of local
16 government, the Department of Central Management Services,
17 the Department of State Police, or a public safety agency,
18 public safety answering point, emergency telephone system
19 board, or wireless carrier, or its officers, employees,
20 assigns, or agents, be liable for any form of civil damages
21 or criminal liability that directly or indirectly results
22 from, or is caused by, any act or omission in the
23 development, design, installation, operation, maintenance,
24 performance, or provision of wireless 9-1-1 or wireless
25 E9-1-1 service, unless the act or omission constitutes gross
26 negligence, recklessness, or intentional misconduct.
27 A unit of local government, the Department of Central
28 Management Services, the Department of State Police, or a
29 public safety agency, public safety answering point,
30 emergency telephone system board, or wireless carrier, or its
31 officers, employees, assigns, or agents, shall not be liable
32 for any form of civil damages or criminal liability that
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1 directly or indirectly results from, or is caused by, the
2 release of subscriber information to any governmental entity
3 as required under the provisions of this Act, unless the
4 release constitutes gross negligence, recklessness, or
5 intentional misconduct.
6 Section 55. Severability. If any provision of this Act
7 or its application to any person or circumstance is held
8 invalid, the invalidity of that provision or application does
9 not affect other provisions or applications of this Act that
10 can be given effect without the invalid application or
11 provision.
12 Section 60. Home rule. A home rule unit, other than a
13 home rule municipality having a population in excess of
14 500,000 that was imposing its own surcharge on wireless
15 carriers prior to July 1, 1998, may not impose a separate
16 surcharge on wireless 9-1-1 service in addition to the
17 surcharge imposed on wireless 9-1-1 service under this Act.
18 This Section is a limitation under subsection (g) of Section
19 6 of Article VII of the Illinois Constitution on the powers
20 and functions of home rule units not exercised or performed
21 by the State.
22 Section 65. Review. This Act and any regulation
23 established by a State agency pursuant to this Act shall be
24 reviewed by the Auditor General prior to October 1, 2001.
25 Section 70. Repealer. This Act is repealed on April 1,
26 2005.
27 Section 800. The Freedom of Information Act is amended
28 by changing Section 7 as follows:
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1 (5 ILCS 140/7) (from Ch. 116, par. 207)
2 Sec. 7. Exemptions.
3 (1) The following shall be exempt from inspection and
4 copying:
5 (a) Information specifically prohibited from
6 disclosure by federal or State law or rules and
7 regulations adopted under federal or State law.
8 (b) Information that, if disclosed, would
9 constitute a clearly unwarranted invasion of personal
10 privacy, unless the disclosure is consented to in writing
11 by the individual subjects of the information. The
12 disclosure of information that bears on the public duties
13 of public employees and officials shall not be considered
14 an invasion of personal privacy. Information exempted
15 under this subsection (b) shall include but is not
16 limited to:
17 (i) files and personal information maintained
18 with respect to clients, patients, residents,
19 students or other individuals receiving social,
20 medical, educational, vocational, financial,
21 supervisory or custodial care or services directly
22 or indirectly from federal agencies or public
23 bodies;
24 (ii) personnel files and personal information
25 maintained with respect to employees, appointees or
26 elected officials of any public body or applicants
27 for those positions;
28 (iii) files and personal information
29 maintained with respect to any applicant, registrant
30 or licensee by any public body cooperating with or
31 engaged in professional or occupational
32 registration, licensure or discipline;
33 (iv) information required of any taxpayer in
34 connection with the assessment or collection of any
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1 tax unless disclosure is otherwise required by State
2 statute; and
3 (v) information revealing the identity of
4 persons who file complaints with or provide
5 information to administrative, investigative, law
6 enforcement or penal agencies; provided, however,
7 that identification of witnesses to traffic
8 accidents, traffic accident reports, and rescue
9 reports may be provided by agencies of local
10 government, except in a case for which a criminal
11 investigation is ongoing, without constituting a
12 clearly unwarranted per se invasion of personal
13 privacy under this subsection.
14 (c) Records compiled by any public body for
15 administrative enforcement proceedings and any law
16 enforcement or correctional agency for law enforcement
17 purposes or for internal matters of a public body, but
18 only to the extent that disclosure would:
19 (i) interfere with pending or actually and
20 reasonably contemplated law enforcement proceedings
21 conducted by any law enforcement or correctional
22 agency;
23 (ii) interfere with pending administrative
24 enforcement proceedings conducted by any public
25 body;
26 (iii) deprive a person of a fair trial or an
27 impartial hearing;
28 (iv) unavoidably disclose the identity of a
29 confidential source or confidential information
30 furnished only by the confidential source;
31 (v) disclose unique or specialized
32 investigative techniques other than those generally
33 used and known or disclose internal documents of
34 correctional agencies related to detection,
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1 observation or investigation of incidents of crime
2 or misconduct;
3 (vi) constitute an invasion of personal
4 privacy under subsection (b) of this Section;
5 (vii) endanger the life or physical safety of
6 law enforcement personnel or any other person; or
7 (viii) obstruct an ongoing criminal
8 investigation.
9 (d) Criminal history record information maintained
10 by State or local criminal justice agencies, except the
11 following which shall be open for public inspection and
12 copying:
13 (i) chronologically maintained arrest
14 information, such as traditional arrest logs or
15 blotters;
16 (ii) the name of a person in the custody of a
17 law enforcement agency and the charges for which
18 that person is being held;
19 (iii) court records that are public;
20 (iv) records that are otherwise available
21 under State or local law; or
22 (v) records in which the requesting party is
23 the individual identified, except as provided under
24 part (vii) of paragraph (c) of subsection (1) of
25 this Section.
26 "Criminal history record information" means data
27 identifiable to an individual and consisting of
28 descriptions or notations of arrests, detentions,
29 indictments, informations, pre-trial proceedings, trials,
30 or other formal events in the criminal justice system or
31 descriptions or notations of criminal charges (including
32 criminal violations of local municipal ordinances) and
33 the nature of any disposition arising therefrom,
34 including sentencing, court or correctional supervision,
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1 rehabilitation and release. The term does not apply to
2 statistical records and reports in which individuals are
3 not identified and from which their identities are not
4 ascertainable, or to information that is for criminal
5 investigative or intelligence purposes.
6 (e) Records that relate to or affect the security
7 of correctional institutions and detention facilities.
8 (f) Preliminary drafts, notes, recommendations,
9 memoranda and other records in which opinions are
10 expressed, or policies or actions are formulated, except
11 that a specific record or relevant portion of a record
12 shall not be exempt when the record is publicly cited and
13 identified by the head of the public body. The exemption
14 provided in this paragraph (f) extends to all those
15 records of officers and agencies of the General Assembly
16 that pertain to the preparation of legislative documents.
17 (g) Trade secrets and commercial or financial
18 information obtained from a person or business where the
19 trade secrets or information are proprietary, privileged
20 or confidential, or where disclosure of the trade secrets
21 or information may cause competitive harm, including all
22 information determined to be confidential under Section
23 4002 of the Technology Advancement and Development Act.
24 Nothing contained in this paragraph (g) shall be
25 construed to prevent a person or business from consenting
26 to disclosure.
27 (h) Proposals and bids for any contract, grant, or
28 agreement, including information which if it were
29 disclosed would frustrate procurement or give an
30 advantage to any person proposing to enter into a
31 contractor agreement with the body, until an award or
32 final selection is made. Information prepared by or for
33 the body in preparation of a bid solicitation shall be
34 exempt until an award or final selection is made.
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1 (i) Valuable formulae, designs, drawings and
2 research data obtained or produced by any public body
3 when disclosure could reasonably be expected to produce
4 private gain or public loss.
5 (j) Test questions, scoring keys and other
6 examination data used to administer an academic
7 examination or determined the qualifications of an
8 applicant for a license or employment.
9 (k) Architects' plans and engineers' technical
10 submissions for projects not constructed or developed in
11 whole or in part with public funds and for projects
12 constructed or developed with public funds, to the extent
13 that disclosure would compromise security.
14 (l) Library circulation and order records
15 identifying library users with specific materials.
16 (m) Minutes of meetings of public bodies closed to
17 the public as provided in the Open Meetings Act until the
18 public body makes the minutes available to the public
19 under Section 2.06 of the Open Meetings Act.
20 (n) Communications between a public body and an
21 attorney or auditor representing the public body that
22 would not be subject to discovery in litigation, and
23 materials prepared or compiled by or for a public body in
24 anticipation of a criminal, civil or administrative
25 proceeding upon the request of an attorney advising the
26 public body, and materials prepared or compiled with
27 respect to internal audits of public bodies.
28 (o) Information received by a primary or secondary
29 school, college or university under its procedures for
30 the evaluation of faculty members by their academic
31 peers.
32 (p) Administrative or technical information
33 associated with automated data processing operations,
34 including but not limited to software, operating
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1 protocols, computer program abstracts, file layouts,
2 source listings, object modules, load modules, user
3 guides, documentation pertaining to all logical and
4 physical design of computerized systems, employee
5 manuals, and any other information that, if disclosed,
6 would jeopardize the security of the system or its data
7 or the security of materials exempt under this Section.
8 (q) Documents or materials relating to collective
9 negotiating matters between public bodies and their
10 employees or representatives, except that any final
11 contract or agreement shall be subject to inspection and
12 copying.
13 (r) Drafts, notes, recommendations and memoranda
14 pertaining to the financing and marketing transactions of
15 the public body. The records of ownership, registration,
16 transfer, and exchange of municipal debt obligations, and
17 of persons to whom payment with respect to these
18 obligations is made.
19 (s) The records, documents and information relating
20 to real estate purchase negotiations until those
21 negotiations have been completed or otherwise terminated.
22 With regard to a parcel involved in a pending or actually
23 and reasonably contemplated eminent domain proceeding
24 under Article VII of the Code of Civil Procedure,
25 records, documents and information relating to that
26 parcel shall be exempt except as may be allowed under
27 discovery rules adopted by the Illinois Supreme Court.
28 The records, documents and information relating to a real
29 estate sale shall be exempt until a sale is consummated.
30 (t) Any and all proprietary information and records
31 related to the operation of an intergovernmental risk
32 management association or self-insurance pool or jointly
33 self-administered health and accident cooperative or
34 pool.
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1 (u) Information concerning a university's
2 adjudication of student or employee grievance or
3 disciplinary cases, to the extent that disclosure would
4 reveal the identity of the student or employee and
5 information concerning any public body's adjudication of
6 student or employee grievances or disciplinary cases,
7 except for the final outcome of the cases.
8 (v) Course materials or research materials used by
9 faculty members.
10 (w) Information related solely to the internal
11 personnel rules and practices of a public body.
12 (x) Information contained in or related to
13 examination, operating, or condition reports prepared by,
14 on behalf of, or for the use of a public body responsible
15 for the regulation or supervision of financial
16 institutions or insurance companies, unless disclosure is
17 otherwise required by State law.
18 (y) Information the disclosure of which is
19 restricted under Section 5-108 of the Public Utilities
20 Act.
21 (z) Manuals or instruction to staff that relate to
22 establishment or collection of liability for any State
23 tax or that relate to investigations by a public body to
24 determine violation of any criminal law.
25 (aa) Applications, related documents, and medical
26 records received by the Experimental Organ
27 Transplantation Procedures Board and any and all
28 documents or other records prepared by the Experimental
29 Organ Transplantation Procedures Board or its staff
30 relating to applications it has received.
31 (bb) Insurance or self insurance (including any
32 intergovernmental risk management association or self
33 insurance pool) claims, loss or risk management
34 information, records, data, advice or communications.
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1 (cc) Information and records held by the Department
2 of Public Health and its authorized representatives
3 relating to known or suspected cases of sexually
4 transmissible disease or any information the disclosure
5 of which is restricted under the Illinois Sexually
6 Transmissible Disease Control Act.
7 (dd) Information the disclosure of which is
8 exempted under Section 30 of the Radon Industry Licensing
9 Act.
10 (ee) Firm performance evaluations under Section 55
11 of the Architectural, Engineering, and Land Surveying
12 Qualifications Based Selection Act.
13 (ff) Security portions of system safety program
14 plans, investigation reports, surveys, schedules, lists,
15 data, or information compiled, collected, or prepared by
16 or for the Regional Transportation Authority under
17 Section 2.11 of the Regional Transportation Authority Act
18 or the State of Missouri under the Bi-State Transit
19 Safety Act.
20 (gg) Information the disclosure of which is
21 restricted and exempted under Section 50 of the Illinois
22 Prepaid Tuition Act.
23 (hh) Information the disclosure of which is
24 exempted under Section 80 of the State Gift Ban Act.
25 (ii) Beginning July 1, 1999, (hh) information that
26 would disclose or might lead to the disclosure of secret
27 or confidential information, codes, algorithms, programs,
28 or private keys intended to be used to create electronic
29 or digital signatures under the Electronic Commerce
30 Security Act.
31 (jj) Information and data concerning the
32 distribution of surcharge moneys collected and remitted
33 by wireless carriers under the Wireless Emergency
34 Telephone Safety Act.
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1 (2) This Section does not authorize withholding of
2 information or limit the availability of records to the
3 public, except as stated in this Section or otherwise
4 provided in this Act.
5 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
6 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
7 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
8 Section 805. The Civil Administrative Code of Illinois
9 is amended by changing Section 55a as follows:
10 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
11 (Text of Section before amendment by P.A. 90-590)
12 Sec. 55a. Powers and duties.
13 (A) The Department of State Police shall have the
14 following powers and duties, and those set forth in Sections
15 55a-1 through 55c:
16 1. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Act.
19 2. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Radio Act.
22 3. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the
24 Criminal Identification Act.
25 4. To (a) investigate the origins, activities, personnel
26 and incidents of crime and the ways and means to redress the
27 victims of crimes, and study the impact, if any, of
28 legislation relative to the effusion of crime and growing
29 crime rates, and enforce the criminal laws of this State
30 related thereto, (b) enforce all laws regulating the
31 production, sale, prescribing, manufacturing, administering,
32 transporting, having in possession, dispensing, delivering,
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1 distributing, or use of controlled substances and cannabis,
2 (c) employ skilled experts, scientists, technicians,
3 investigators or otherwise specially qualified persons to aid
4 in preventing or detecting crime, apprehending criminals, or
5 preparing and presenting evidence of violations of the
6 criminal laws of the State, (d) cooperate with the police of
7 cities, villages and incorporated towns, and with the police
8 officers of any county, in enforcing the laws of the State
9 and in making arrests and recovering property, (e) apprehend
10 and deliver up any person charged in this State or any other
11 State of the United States with treason, felony, or other
12 crime, who has fled from justice and is found in this State,
13 and (f) conduct such other investigations as may be provided
14 by law. Persons exercising these powers within the Department
15 are conservators of the peace and as such have all the powers
16 possessed by policemen in cities and sheriffs, except that
17 they may exercise such powers anywhere in the State in
18 cooperation with and after contact with the local law
19 enforcement officials. Such persons may use false or
20 fictitious names in the performance of their duties under
21 this paragraph, upon approval of the Director, and shall not
22 be subject to prosecution under the criminal laws for such
23 use.
24 5. To: (a) be a central repository and custodian of
25 criminal statistics for the State, (b) be a central
26 repository for criminal history record information, (c)
27 procure and file for record such information as is necessary
28 and helpful to plan programs of crime prevention, law
29 enforcement and criminal justice, (d) procure and file for
30 record such copies of fingerprints, as may be required by
31 law, (e) establish general and field crime laboratories, (f)
32 register and file for record such information as may be
33 required by law for the issuance of firearm owner's
34 identification cards, (g) employ polygraph operators,
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1 laboratory technicians and other specially qualified persons
2 to aid in the identification of criminal activity, and (h)
3 undertake such other identification, information, laboratory,
4 statistical or registration activities as may be required by
5 law.
6 6. To (a) acquire and operate one or more radio
7 broadcasting stations in the State to be used for police
8 purposes, (b) operate a statewide communications network to
9 gather and disseminate information for law enforcement
10 agencies, (c) operate an electronic data processing and
11 computer center for the storage and retrieval of data
12 pertaining to criminal activity, and (d) undertake such other
13 communication activities as may be required by law.
14 7. To provide, as may be required by law, assistance to
15 local law enforcement agencies through (a) training,
16 management and consultant services for local law enforcement
17 agencies, and (b) the pursuit of research and the publication
18 of studies pertaining to local law enforcement activities.
19 8. To exercise the rights, powers and duties which have
20 been vested in the Department of State Police and the
21 Director of the Department of State Police by the Narcotic
22 Control Division Abolition Act.
23 9. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the
25 Illinois Vehicle Code.
26 10. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the Firearm
28 Owners Identification Card Act.
29 11. To enforce and administer such other laws in
30 relation to law enforcement as may be vested in the
31 Department.
32 12. To transfer jurisdiction of any realty title to
33 which is held by the State of Illinois under the control of
34 the Department to any other department of the State
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1 government or to the State Employees Housing Commission, or
2 to acquire or accept Federal land, when such transfer,
3 acquisition or acceptance is advantageous to the State and is
4 approved in writing by the Governor.
5 13. With the written approval of the Governor, to enter
6 into agreements with other departments created by this Act,
7 for the furlough of inmates of the penitentiary to such other
8 departments for their use in research programs being
9 conducted by them.
10 For the purpose of participating in such research
11 projects, the Department may extend the limits of any
12 inmate's place of confinement, when there is reasonable cause
13 to believe that the inmate will honor his or her trust by
14 authorizing the inmate, under prescribed conditions, to leave
15 the confines of the place unaccompanied by a custodial agent
16 of the Department. The Department shall make rules governing
17 the transfer of the inmate to the requesting other department
18 having the approved research project, and the return of such
19 inmate to the unextended confines of the penitentiary. Such
20 transfer shall be made only with the consent of the inmate.
21 The willful failure of a prisoner to remain within the
22 extended limits of his or her confinement or to return within
23 the time or manner prescribed to the place of confinement
24 designated by the Department in granting such extension shall
25 be deemed an escape from custody of the Department and
26 punishable as provided in Section 3-6-4 of the Unified Code
27 of Corrections.
28 14. To provide investigative services, with all of the
29 powers possessed by policemen in cities and sheriffs, in and
30 around all race tracks subject to the Horse Racing Act of
31 1975.
32 15. To expend such sums as the Director deems necessary
33 from Contractual Services appropriations for the Division of
34 Criminal Investigation for the purchase of evidence and for
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1 the employment of persons to obtain evidence. Such sums shall
2 be advanced to agents authorized by the Director to expend
3 funds, on vouchers signed by the Director.
4 16. To assist victims and witnesses in gang crime
5 prosecutions through the administration of funds appropriated
6 from the Gang Violence Victims and Witnesses Fund to the
7 Department. Such funds shall be appropriated to the
8 Department and shall only be used to assist victims and
9 witnesses in gang crime prosecutions and such assistance may
10 include any of the following:
11 (a) temporary living costs;
12 (b) moving expenses;
13 (c) closing costs on the sale of private residence;
14 (d) first month's rent;
15 (e) security deposits;
16 (f) apartment location assistance;
17 (g) other expenses which the Department considers
18 appropriate; and
19 (h) compensation for any loss of or injury to real
20 or personal property resulting from a gang crime to a
21 maximum of $5,000, subject to the following provisions:
22 (1) in the case of loss of property, the
23 amount of compensation shall be measured by the
24 replacement cost of similar or like property which
25 has been incurred by and which is substantiated by
26 the property owner,
27 (2) in the case of injury to property, the
28 amount of compensation shall be measured by the cost
29 of repair incurred and which can be substantiated by
30 the property owner,
31 (3) compensation under this provision is a
32 secondary source of compensation and shall be
33 reduced by any amount the property owner receives
34 from any other source as compensation for the loss
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1 or injury, including, but not limited to, personal
2 insurance coverage,
3 (4) no compensation may be awarded if the
4 property owner was an offender or an accomplice of
5 the offender, or if the award would unjustly benefit
6 the offender or offenders, or an accomplice of the
7 offender or offenders.
8 No victim or witness may receive such assistance if he or
9 she is not a part of or fails to fully cooperate in the
10 prosecution of gang crime members by law enforcement
11 authorities.
12 The Department shall promulgate any rules necessary for
13 the implementation of this amendatory Act of 1985.
14 17. To conduct arson investigations.
15 18. To develop a separate statewide statistical police
16 contact record keeping system for the study of juvenile
17 delinquency. The records of this police contact system shall
18 be limited to statistical information. No individually
19 identifiable information shall be maintained in the police
20 contact statistical record system.
21 19. To develop a separate statewide central adjudicatory
22 and dispositional records system for persons under 19 years
23 of age who have been adjudicated delinquent minors and to
24 make information available to local registered participating
25 police youth officers so that police youth officers will be
26 able to obtain rapid access to the juvenile's background from
27 other jurisdictions to the end that the police youth officers
28 can make appropriate dispositions which will best serve the
29 interest of the child and the community. Information
30 maintained in the adjudicatory and dispositional record
31 system shall be limited to the incidents or offenses for
32 which the minor was adjudicated delinquent by a court, and a
33 copy of the court's dispositional order. All individually
34 identifiable records in the adjudicatory and dispositional
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1 records system shall be destroyed when the person reaches 19
2 years of age.
3 20. To develop rules which guarantee the confidentiality
4 of such individually identifiable adjudicatory and
5 dispositional records except when used for the following:
6 (a) by authorized juvenile court personnel or the
7 State's Attorney in connection with proceedings under the
8 Juvenile Court Act of 1987; or
9 (b) inquiries from registered police youth
10 officers.
11 For the purposes of this Act "police youth officer" means
12 a member of a duly organized State, county or municipal
13 police force who is assigned by his or her Superintendent,
14 Sheriff or chief of police, as the case may be, to specialize
15 in youth problems.
16 21. To develop administrative rules and administrative
17 hearing procedures which allow a minor, his or her attorney,
18 and his or her parents or guardian access to individually
19 identifiable adjudicatory and dispositional records for the
20 purpose of determining or challenging the accuracy of the
21 records. Final administrative decisions shall be subject to
22 the provisions of the Administrative Review Law.
23 22. To charge, collect, and receive fees or moneys
24 equivalent to the cost of providing Department of State
25 Police personnel, equipment, and services to local
26 governmental agencies when explicitly requested by a local
27 governmental agency and pursuant to an intergovernmental
28 agreement as provided by this Section, other State agencies,
29 and federal agencies, including but not limited to fees or
30 moneys equivalent to the cost of providing dispatching
31 services, radio and radar repair, and training to local
32 governmental agencies on such terms and conditions as in the
33 judgment of the Director are in the best interest of the
34 State; and to establish, charge, collect and receive fees or
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1 moneys based on the cost of providing responses to requests
2 for criminal history record information pursuant to positive
3 identification and any Illinois or federal law authorizing
4 access to some aspect of such information and to prescribe
5 the form and manner for requesting and furnishing such
6 information to the requestor on such terms and conditions as
7 in the judgment of the Director are in the best interest of
8 the State, provided fees for requesting and furnishing
9 criminal history record information may be waived for
10 requests in the due administration of the criminal laws. The
11 Department may also charge, collect and receive fees or
12 moneys equivalent to the cost of providing electronic data
13 processing lines or related telecommunication services to
14 local governments, but only when such services can be
15 provided by the Department at a cost less than that
16 experienced by said local governments through other means.
17 All services provided by the Department shall be conducted
18 pursuant to contracts in accordance with the
19 Intergovernmental Cooperation Act, and all telecommunication
20 services shall be provided pursuant to the provisions of
21 Section 67.18 of this Code.
22 All fees received by the Department of State Police under
23 this Act or the Illinois Uniform Conviction Information Act
24 shall be deposited in a special fund in the State Treasury to
25 be known as the State Police Services Fund. The money
26 deposited in the State Police Services Fund shall be
27 appropriated to the Department of State Police for expenses
28 of the Department of State Police.
29 Upon the completion of any audit of the Department of
30 State Police as prescribed by the Illinois State Auditing
31 Act, which audit includes an audit of the State Police
32 Services Fund, the Department of State Police shall make the
33 audit open to inspection by any interested person.
34 23. To exercise the powers and perform the duties which
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1 have been vested in the Department of State Police by the
2 Intergovernmental Missing Child Recovery Act of 1984, and to
3 establish reasonable rules and regulations necessitated
4 thereby.
5 24. (a) To establish and maintain a statewide Law
6 Enforcement Agencies Data System (LEADS) for the purpose of
7 providing electronic access by authorized entities to
8 criminal justice data repositories and effecting an immediate
9 law enforcement response to reports of missing persons,
10 including lost, missing or runaway minors. The Department
11 shall implement an automatic data exchange system to compile,
12 to maintain and to make available to other law enforcement
13 agencies for immediate dissemination data which can assist
14 appropriate agencies in recovering missing persons and
15 provide access by authorized entities to various data
16 repositories available through LEADS for criminal justice and
17 related purposes. To assist the Department in this effort,
18 funds may be appropriated from the LEADS Maintenance Fund.
19 (b) In exercising its duties under this subsection, the
20 Department shall:
21 (1) provide a uniform reporting format for the
22 entry of pertinent information regarding the report of a
23 missing person into LEADS;
24 (2) develop and implement a policy whereby a
25 statewide or regional alert would be used in situations
26 relating to the disappearances of individuals, based on
27 criteria and in a format established by the Department.
28 Such a format shall include, but not be limited to, the
29 age of the missing person and the suspected circumstance
30 of the disappearance;
31 (3) notify all law enforcement agencies that
32 reports of missing persons shall be entered as soon as
33 the minimum level of data specified by the Department is
34 available to the reporting agency, and that no waiting
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1 period for the entry of such data exists;
2 (4) compile and retain information regarding lost,
3 abducted, missing or runaway minors in a separate data
4 file, in a manner that allows such information to be used
5 by law enforcement and other agencies deemed appropriate
6 by the Director, for investigative purposes. Such
7 information shall include the disposition of all reported
8 lost, abducted, missing or runaway minor cases;
9 (5) compile and maintain an historic data
10 repository relating to lost, abducted, missing or runaway
11 minors and other missing persons in order to develop and
12 improve techniques utilized by law enforcement agencies
13 when responding to reports of missing persons; and
14 (6) create a quality control program regarding
15 confirmation of missing person data, timeliness of
16 entries of missing person reports into LEADS and
17 performance audits of all entering agencies.
18 25. On request of a school board or regional
19 superintendent of schools, to conduct an inquiry pursuant to
20 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
21 an applicant for employment in a school district has been
22 convicted of any criminal or drug offenses enumerated in
23 Section 10-21.9 or 34-18.5 of the School Code. The
24 Department shall furnish such conviction information to the
25 President of the school board of the school district which
26 has requested the information, or if the information was
27 requested by the regional superintendent to that regional
28 superintendent.
29 26. To promulgate rules and regulations necessary for
30 the administration and enforcement of its powers and duties,
31 wherever granted and imposed, pursuant to the Illinois
32 Administrative Procedure Act.
33 27. To (a) promulgate rules pertaining to the
34 certification, revocation of certification and training of
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1 law enforcement officers as electronic criminal surveillance
2 officers, (b) provide training and technical assistance to
3 State's Attorneys and local law enforcement agencies
4 pertaining to the interception of private oral
5 communications, (c) promulgate rules necessary for the
6 administration of Article 108B of the Code of Criminal
7 Procedure of 1963, including but not limited to standards for
8 recording and minimization of electronic criminal
9 surveillance intercepts, documentation required to be
10 maintained during an intercept, procedures in relation to
11 evidence developed by an intercept, and (d) charge a
12 reasonable fee to each law enforcement agency that sends
13 officers to receive training as electronic criminal
14 surveillance officers.
15 28. Upon the request of any private organization which
16 devotes a major portion of its time to the provision of
17 recreational, social, educational or child safety services to
18 children, to conduct, pursuant to positive identification,
19 criminal background investigations of all of that
20 organization's current employees, current volunteers,
21 prospective employees or prospective volunteers charged with
22 the care and custody of children during the provision of the
23 organization's services, and to report to the requesting
24 organization any record of convictions maintained in the
25 Department's files about such persons. The Department shall
26 charge an application fee, based on actual costs, for the
27 dissemination of conviction information pursuant to this
28 subsection. The Department is empowered to establish this
29 fee and shall prescribe the form and manner for requesting
30 and furnishing conviction information pursuant to this
31 subsection. Information received by the organization from the
32 Department concerning an individual shall be provided to such
33 individual. Any such information obtained by the
34 organization shall be confidential and may not be transmitted
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1 outside the organization and may not be transmitted to anyone
2 within the organization except as needed for the purpose of
3 evaluating the individual. Only information and standards
4 which bear a reasonable and rational relation to the
5 performance of child care shall be used by the organization.
6 Any employee of the Department or any member, employee or
7 volunteer of the organization receiving confidential
8 information under this subsection who gives or causes to be
9 given any confidential information concerning any criminal
10 convictions of an individual shall be guilty of a Class A
11 misdemeanor unless release of such information is authorized
12 by this subsection.
13 29. Upon the request of the Department of Children and
14 Family Services, to investigate reports of child abuse or
15 neglect.
16 30. To obtain registration of a fictitious vital record
17 pursuant to Section 15.1 of the Vital Records Act.
18 31. To collect and disseminate information relating to
19 "hate crimes" as defined under Section 12-7.1 of the Criminal
20 Code of 1961 contingent upon the availability of State or
21 Federal funds to revise and upgrade the Illinois Uniform
22 Crime Reporting System. All law enforcement agencies shall
23 report monthly to the Department of State Police concerning
24 such offenses in such form and in such manner as may be
25 prescribed by rules and regulations adopted by the Department
26 of State Police. Such information shall be compiled by the
27 Department and be disseminated upon request to any local law
28 enforcement agency, unit of local government, or state
29 agency. Dissemination of such information shall be subject
30 to all confidentiality requirements otherwise imposed by law.
31 The Department of State Police shall provide training for
32 State Police officers in identifying, responding to, and
33 reporting all hate crimes. The Illinois Local Governmental
34 Law Enforcement Officer's Training Standards Board shall
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1 develop and certify a course of such training to be made
2 available to local law enforcement officers.
3 32. Upon the request of a private carrier company that
4 provides transportation under Section 28b of the Metropolitan
5 Transit Authority Act, to ascertain if an applicant for a
6 driver position has been convicted of any criminal or drug
7 offense enumerated in Section 28b of the Metropolitan Transit
8 Authority Act. The Department shall furnish the conviction
9 information to the private carrier company that requested the
10 information.
11 33. To apply for grants or contracts, receive, expend,
12 allocate, or disburse funds and moneys made available by
13 public or private entities, including, but not limited to,
14 contracts, bequests, grants, or receiving equipment from
15 corporations, foundations, or public or private institutions
16 of higher learning. All funds received by the Department
17 from these sources shall be deposited into the appropriate
18 fund in the State Treasury to be appropriated to the
19 Department for purposes as indicated by the grantor or
20 contractor or, in the case of funds or moneys bequeathed or
21 granted for no specific purpose, for any purpose as deemed
22 appropriate by the Director in administering the
23 responsibilities of the Department.
24 34. Upon the request of the Department of Children and
25 Family Services, the Department of State Police shall provide
26 properly designated employees of the Department of Children
27 and Family Services with criminal history record information
28 as defined in the Illinois Uniform Conviction Information Act
29 and information maintained in the adjudicatory and
30 dispositional record system as defined in subdivision (A)19
31 of this Section if the Department of Children and Family
32 Services determines the information is necessary to perform
33 its duties under the Abused and Neglected Child Reporting
34 Act, the Child Care Act of 1969, and the Children and Family
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1 Services Act. The request shall be in the form and manner
2 specified by the Department of State Police.
3 35. The Illinois Department of Public Aid is an
4 authorized entity under this Section for the purpose of
5 obtaining access to various data repositories available
6 through LEADS, to facilitate the location of individuals for
7 establishing paternity, and establishing, modifying, and
8 enforcing child support obligations, pursuant to the Illinois
9 Public Aid Code and Title IV, Part D of the Social Security
10 Act. The Department shall enter into an agreement with the
11 Illinois Department of Public Aid consistent with these
12 purposes.
13 36. Upon request of the Department of Human Services, to
14 conduct an assessment and evaluation of sexually violent
15 persons as mandated by the Sexually Violent Persons
16 Commitment Act, the Department shall furnish criminal history
17 information maintained on the requested person. The request
18 shall be in the form and manner specified by the Department.
19 37. To exercise the powers and perform the duties
20 specifically assigned to the Department under the Wireless
21 Emergency Telephone Safety Act with respect to the
22 development and improvement of emergency communications
23 procedures and facilities in such a manner as to facilitate a
24 quick response to any person calling the number "9-1-1"
25 seeking police, fire, medical, or other emergency services
26 through a wireless carrier as defined in Section 10 of the
27 Wireless Emergency Telephone Safety Act. Nothing in the
28 Wireless Emergency Telephone Safety Act shall require the
29 Illinois State Police to provide wireless enhanced 9-1-1
30 services.
31 (B) The Department of State Police may establish and
32 maintain, within the Department of State Police, a Statewide
33 Organized Criminal Gang Database (SWORD) for the purpose of
34 tracking organized criminal gangs and their memberships.
-36- LRB9103127EGfgam01
1 Information in the database may include, but not be limited
2 to, the name, last known address, birth date, physical
3 descriptions (such as scars, marks, or tattoos), officer
4 safety information, organized gang affiliation, and entering
5 agency identifier. The Department may develop, in
6 consultation with the Criminal Justice Information Authority,
7 and in a form and manner prescribed by the Department, an
8 automated data exchange system to compile, to maintain, and
9 to make this information electronically available to
10 prosecutors and to other law enforcement agencies. The
11 information may be used by authorized agencies to combat the
12 operations of organized criminal gangs statewide.
13 (C) The Department of State Police may ascertain the
14 number of bilingual police officers and other personnel
15 needed to provide services in a language other than English
16 and may establish, under applicable personnel rules and
17 Department guidelines or through a collective bargaining
18 agreement, a bilingual pay supplement program.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
21 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
22 (Text of Section after amendment by P.A. 90-590)
23 Sec. 55a. Powers and duties.
24 (A) The Department of State Police shall have the
25 following powers and duties, and those set forth in Sections
26 55a-1 through 55c:
27 1. To exercise the rights, powers and duties which have
28 been vested in the Department of Public Safety by the State
29 Police Act.
30 2. To exercise the rights, powers and duties which have
31 been vested in the Department of Public Safety by the State
32 Police Radio Act.
33 3. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the
-37- LRB9103127EGfgam01
1 Criminal Identification Act.
2 4. To (a) investigate the origins, activities, personnel
3 and incidents of crime and the ways and means to redress the
4 victims of crimes, and study the impact, if any, of
5 legislation relative to the effusion of crime and growing
6 crime rates, and enforce the criminal laws of this State
7 related thereto, (b) enforce all laws regulating the
8 production, sale, prescribing, manufacturing, administering,
9 transporting, having in possession, dispensing, delivering,
10 distributing, or use of controlled substances and cannabis,
11 (c) employ skilled experts, scientists, technicians,
12 investigators or otherwise specially qualified persons to aid
13 in preventing or detecting crime, apprehending criminals, or
14 preparing and presenting evidence of violations of the
15 criminal laws of the State, (d) cooperate with the police of
16 cities, villages and incorporated towns, and with the police
17 officers of any county, in enforcing the laws of the State
18 and in making arrests and recovering property, (e) apprehend
19 and deliver up any person charged in this State or any other
20 State of the United States with treason, felony, or other
21 crime, who has fled from justice and is found in this State,
22 and (f) conduct such other investigations as may be provided
23 by law. Persons exercising these powers within the Department
24 are conservators of the peace and as such have all the powers
25 possessed by policemen in cities and sheriffs, except that
26 they may exercise such powers anywhere in the State in
27 cooperation with and after contact with the local law
28 enforcement officials. Such persons may use false or
29 fictitious names in the performance of their duties under
30 this paragraph, upon approval of the Director, and shall not
31 be subject to prosecution under the criminal laws for such
32 use.
33 5. To: (a) be a central repository and custodian of
34 criminal statistics for the State, (b) be a central
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1 repository for criminal history record information, (c)
2 procure and file for record such information as is necessary
3 and helpful to plan programs of crime prevention, law
4 enforcement and criminal justice, (d) procure and file for
5 record such copies of fingerprints, as may be required by
6 law, (e) establish general and field crime laboratories, (f)
7 register and file for record such information as may be
8 required by law for the issuance of firearm owner's
9 identification cards, (g) employ polygraph operators,
10 laboratory technicians and other specially qualified persons
11 to aid in the identification of criminal activity, and (h)
12 undertake such other identification, information, laboratory,
13 statistical or registration activities as may be required by
14 law.
15 6. To (a) acquire and operate one or more radio
16 broadcasting stations in the State to be used for police
17 purposes, (b) operate a statewide communications network to
18 gather and disseminate information for law enforcement
19 agencies, (c) operate an electronic data processing and
20 computer center for the storage and retrieval of data
21 pertaining to criminal activity, and (d) undertake such other
22 communication activities as may be required by law.
23 7. To provide, as may be required by law, assistance to
24 local law enforcement agencies through (a) training,
25 management and consultant services for local law enforcement
26 agencies, and (b) the pursuit of research and the publication
27 of studies pertaining to local law enforcement activities.
28 8. To exercise the rights, powers and duties which have
29 been vested in the Department of State Police and the
30 Director of the Department of State Police by the Narcotic
31 Control Division Abolition Act.
32 9. To exercise the rights, powers and duties which have
33 been vested in the Department of Public Safety by the
34 Illinois Vehicle Code.
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1 10. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the Firearm
3 Owners Identification Card Act.
4 11. To enforce and administer such other laws in
5 relation to law enforcement as may be vested in the
6 Department.
7 12. To transfer jurisdiction of any realty title to
8 which is held by the State of Illinois under the control of
9 the Department to any other department of the State
10 government or to the State Employees Housing Commission, or
11 to acquire or accept Federal land, when such transfer,
12 acquisition or acceptance is advantageous to the State and is
13 approved in writing by the Governor.
14 13. With the written approval of the Governor, to enter
15 into agreements with other departments created by this Act,
16 for the furlough of inmates of the penitentiary to such other
17 departments for their use in research programs being
18 conducted by them.
19 For the purpose of participating in such research
20 projects, the Department may extend the limits of any
21 inmate's place of confinement, when there is reasonable cause
22 to believe that the inmate will honor his or her trust by
23 authorizing the inmate, under prescribed conditions, to leave
24 the confines of the place unaccompanied by a custodial agent
25 of the Department. The Department shall make rules governing
26 the transfer of the inmate to the requesting other department
27 having the approved research project, and the return of such
28 inmate to the unextended confines of the penitentiary. Such
29 transfer shall be made only with the consent of the inmate.
30 The willful failure of a prisoner to remain within the
31 extended limits of his or her confinement or to return within
32 the time or manner prescribed to the place of confinement
33 designated by the Department in granting such extension shall
34 be deemed an escape from custody of the Department and
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1 punishable as provided in Section 3-6-4 of the Unified Code
2 of Corrections.
3 14. To provide investigative services, with all of the
4 powers possessed by policemen in cities and sheriffs, in and
5 around all race tracks subject to the Horse Racing Act of
6 1975.
7 15. To expend such sums as the Director deems necessary
8 from Contractual Services appropriations for the Division of
9 Criminal Investigation for the purchase of evidence and for
10 the employment of persons to obtain evidence. Such sums shall
11 be advanced to agents authorized by the Director to expend
12 funds, on vouchers signed by the Director.
13 16. To assist victims and witnesses in gang crime
14 prosecutions through the administration of funds appropriated
15 from the Gang Violence Victims and Witnesses Fund to the
16 Department. Such funds shall be appropriated to the
17 Department and shall only be used to assist victims and
18 witnesses in gang crime prosecutions and such assistance may
19 include any of the following:
20 (a) temporary living costs;
21 (b) moving expenses;
22 (c) closing costs on the sale of private residence;
23 (d) first month's rent;
24 (e) security deposits;
25 (f) apartment location assistance;
26 (g) other expenses which the Department considers
27 appropriate; and
28 (h) compensation for any loss of or injury to real
29 or personal property resulting from a gang crime to a
30 maximum of $5,000, subject to the following provisions:
31 (1) in the case of loss of property, the
32 amount of compensation shall be measured by the
33 replacement cost of similar or like property which
34 has been incurred by and which is substantiated by
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1 the property owner,
2 (2) in the case of injury to property, the
3 amount of compensation shall be measured by the cost
4 of repair incurred and which can be substantiated by
5 the property owner,
6 (3) compensation under this provision is a
7 secondary source of compensation and shall be
8 reduced by any amount the property owner receives
9 from any other source as compensation for the loss
10 or injury, including, but not limited to, personal
11 insurance coverage,
12 (4) no compensation may be awarded if the
13 property owner was an offender or an accomplice of
14 the offender, or if the award would unjustly benefit
15 the offender or offenders, or an accomplice of the
16 offender or offenders.
17 No victim or witness may receive such assistance if he or
18 she is not a part of or fails to fully cooperate in the
19 prosecution of gang crime members by law enforcement
20 authorities.
21 The Department shall promulgate any rules necessary for
22 the implementation of this amendatory Act of 1985.
23 17. To conduct arson investigations.
24 18. To develop a separate statewide statistical police
25 contact record keeping system for the study of juvenile
26 delinquency. The records of this police contact system shall
27 be limited to statistical information. No individually
28 identifiable information shall be maintained in the police
29 contact statistical record system.
30 19. To develop a separate statewide central juvenile
31 records system for persons arrested prior to the age of 17
32 under Section 5-401 of the Juvenile Court Act of 1987 or
33 adjudicated delinquent minors and to make information
34 available to local law enforcement officers so that law
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1 enforcement officers will be able to obtain rapid access to
2 the background of the minor from other jurisdictions to the
3 end that the juvenile police officers can make appropriate
4 decisions which will best serve the interest of the child and
5 the community. The Department shall submit a quarterly
6 report to the General Assembly and Governor which shall
7 contain the number of juvenile records that the Department
8 has received in that quarter and, a list, by category, of
9 offenses that minors were arrested for or convicted of by
10 age, race and gender.
11 20. To develop rules which guarantee the confidentiality
12 of such individually identifiable juvenile records except to
13 juvenile authorities who request information concerning the
14 minor and who certify in writing that the information will
15 not be disclosed to any other party except as provided under
16 law or order of court. For purposes of this Section,
17 "juvenile authorities" means: (i) a judge of the circuit
18 court and members of the staff of the court designated by the
19 judge; (ii) parties to the proceedings under the Juvenile
20 Court Act of 1987 and their attorneys; (iii) probation
21 officers and court appointed advocates for the juvenile
22 authorized by the judge hearing the case; (iv) any individual
23 or, public or of private agency having custody of the child
24 pursuant to court order; (v) any individual or, public or
25 private agency providing education, medical or mental health
26 service to the child when the requested information is needed
27 to determine the appropriate service or treatment for the
28 minor; (vi) any potential placement provider when such
29 release is authorized by the court for the limited purpose of
30 determining the appropriateness of the potential placement;
31 (vii) law enforcement officers and prosecutors; (viii) adult
32 and juvenile prisoner review boards; (ix) authorized military
33 personnel; (x) individuals authorized by court; (xi) the
34 Illinois General Assembly or any committee or commission
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1 thereof.
2 21. To develop administrative rules and administrative
3 hearing procedures which allow a minor, his or her attorney,
4 and his or her parents or guardian access to individually
5 identifiable juvenile records for the purpose of determining
6 or challenging the accuracy of the records. Final
7 administrative decisions shall be subject to the provisions
8 of the Administrative Review Law.
9 22. To charge, collect, and receive fees or moneys
10 equivalent to the cost of providing Department of State
11 Police personnel, equipment, and services to local
12 governmental agencies when explicitly requested by a local
13 governmental agency and pursuant to an intergovernmental
14 agreement as provided by this Section, other State agencies,
15 and federal agencies, including but not limited to fees or
16 moneys equivalent to the cost of providing dispatching
17 services, radio and radar repair, and training to local
18 governmental agencies on such terms and conditions as in the
19 judgment of the Director are in the best interest of the
20 State; and to establish, charge, collect and receive fees or
21 moneys based on the cost of providing responses to requests
22 for criminal history record information pursuant to positive
23 identification and any Illinois or federal law authorizing
24 access to some aspect of such information and to prescribe
25 the form and manner for requesting and furnishing such
26 information to the requestor on such terms and conditions as
27 in the judgment of the Director are in the best interest of
28 the State, provided fees for requesting and furnishing
29 criminal history record information may be waived for
30 requests in the due administration of the criminal laws. The
31 Department may also charge, collect and receive fees or
32 moneys equivalent to the cost of providing electronic data
33 processing lines or related telecommunication services to
34 local governments, but only when such services can be
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1 provided by the Department at a cost less than that
2 experienced by said local governments through other means.
3 All services provided by the Department shall be conducted
4 pursuant to contracts in accordance with the
5 Intergovernmental Cooperation Act, and all telecommunication
6 services shall be provided pursuant to the provisions of
7 Section 67.18 of this Code.
8 All fees received by the Department of State Police under
9 this Act or the Illinois Uniform Conviction Information Act
10 shall be deposited in a special fund in the State Treasury to
11 be known as the State Police Services Fund. The money
12 deposited in the State Police Services Fund shall be
13 appropriated to the Department of State Police for expenses
14 of the Department of State Police.
15 Upon the completion of any audit of the Department of
16 State Police as prescribed by the Illinois State Auditing
17 Act, which audit includes an audit of the State Police
18 Services Fund, the Department of State Police shall make the
19 audit open to inspection by any interested person.
20 23. To exercise the powers and perform the duties which
21 have been vested in the Department of State Police by the
22 Intergovernmental Missing Child Recovery Act of 1984, and to
23 establish reasonable rules and regulations necessitated
24 thereby.
25 24. (a) To establish and maintain a statewide Law
26 Enforcement Agencies Data System (LEADS) for the purpose of
27 providing electronic access by authorized entities to
28 criminal justice data repositories and effecting an immediate
29 law enforcement response to reports of missing persons,
30 including lost, missing or runaway minors. The Department
31 shall implement an automatic data exchange system to compile,
32 to maintain and to make available to other law enforcement
33 agencies for immediate dissemination data which can assist
34 appropriate agencies in recovering missing persons and
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1 provide access by authorized entities to various data
2 repositories available through LEADS for criminal justice and
3 related purposes. To assist the Department in this effort,
4 funds may be appropriated from the LEADS Maintenance Fund.
5 (b) In exercising its duties under this subsection, the
6 Department shall:
7 (1) provide a uniform reporting format for the
8 entry of pertinent information regarding the report of a
9 missing person into LEADS;
10 (2) develop and implement a policy whereby a
11 statewide or regional alert would be used in situations
12 relating to the disappearances of individuals, based on
13 criteria and in a format established by the Department.
14 Such a format shall include, but not be limited to, the
15 age of the missing person and the suspected circumstance
16 of the disappearance;
17 (3) notify all law enforcement agencies that
18 reports of missing persons shall be entered as soon as
19 the minimum level of data specified by the Department is
20 available to the reporting agency, and that no waiting
21 period for the entry of such data exists;
22 (4) compile and retain information regarding lost,
23 abducted, missing or runaway minors in a separate data
24 file, in a manner that allows such information to be used
25 by law enforcement and other agencies deemed appropriate
26 by the Director, for investigative purposes. Such
27 information shall include the disposition of all reported
28 lost, abducted, missing or runaway minor cases;
29 (5) compile and maintain an historic data
30 repository relating to lost, abducted, missing or runaway
31 minors and other missing persons in order to develop and
32 improve techniques utilized by law enforcement agencies
33 when responding to reports of missing persons; and
34 (6) create a quality control program regarding
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1 confirmation of missing person data, timeliness of
2 entries of missing person reports into LEADS and
3 performance audits of all entering agencies.
4 25. On request of a school board or regional
5 superintendent of schools, to conduct an inquiry pursuant to
6 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
7 an applicant for employment in a school district has been
8 convicted of any criminal or drug offenses enumerated in
9 Section 10-21.9 or 34-18.5 of the School Code. The
10 Department shall furnish such conviction information to the
11 President of the school board of the school district which
12 has requested the information, or if the information was
13 requested by the regional superintendent to that regional
14 superintendent.
15 26. To promulgate rules and regulations necessary for
16 the administration and enforcement of its powers and duties,
17 wherever granted and imposed, pursuant to the Illinois
18 Administrative Procedure Act.
19 27. To (a) promulgate rules pertaining to the
20 certification, revocation of certification and training of
21 law enforcement officers as electronic criminal surveillance
22 officers, (b) provide training and technical assistance to
23 State's Attorneys and local law enforcement agencies
24 pertaining to the interception of private oral
25 communications, (c) promulgate rules necessary for the
26 administration of Article 108B of the Code of Criminal
27 Procedure of 1963, including but not limited to standards for
28 recording and minimization of electronic criminal
29 surveillance intercepts, documentation required to be
30 maintained during an intercept, procedures in relation to
31 evidence developed by an intercept, and (d) charge a
32 reasonable fee to each law enforcement agency that sends
33 officers to receive training as electronic criminal
34 surveillance officers.
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1 28. Upon the request of any private organization which
2 devotes a major portion of its time to the provision of
3 recreational, social, educational or child safety services to
4 children, to conduct, pursuant to positive identification,
5 criminal background investigations of all of that
6 organization's current employees, current volunteers,
7 prospective employees or prospective volunteers charged with
8 the care and custody of children during the provision of the
9 organization's services, and to report to the requesting
10 organization any record of convictions maintained in the
11 Department's files about such persons. The Department shall
12 charge an application fee, based on actual costs, for the
13 dissemination of conviction information pursuant to this
14 subsection. The Department is empowered to establish this
15 fee and shall prescribe the form and manner for requesting
16 and furnishing conviction information pursuant to this
17 subsection. Information received by the organization from the
18 Department concerning an individual shall be provided to such
19 individual. Any such information obtained by the
20 organization shall be confidential and may not be transmitted
21 outside the organization and may not be transmitted to anyone
22 within the organization except as needed for the purpose of
23 evaluating the individual. Only information and standards
24 which bear a reasonable and rational relation to the
25 performance of child care shall be used by the organization.
26 Any employee of the Department or any member, employee or
27 volunteer of the organization receiving confidential
28 information under this subsection who gives or causes to be
29 given any confidential information concerning any criminal
30 convictions of an individual shall be guilty of a Class A
31 misdemeanor unless release of such information is authorized
32 by this subsection.
33 29. Upon the request of the Department of Children and
34 Family Services, to investigate reports of child abuse or
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1 neglect.
2 30. To obtain registration of a fictitious vital record
3 pursuant to Section 15.1 of the Vital Records Act.
4 31. To collect and disseminate information relating to
5 "hate crimes" as defined under Section 12-7.1 of the Criminal
6 Code of 1961 contingent upon the availability of State or
7 Federal funds to revise and upgrade the Illinois Uniform
8 Crime Reporting System. All law enforcement agencies shall
9 report monthly to the Department of State Police concerning
10 such offenses in such form and in such manner as may be
11 prescribed by rules and regulations adopted by the Department
12 of State Police. Such information shall be compiled by the
13 Department and be disseminated upon request to any local law
14 enforcement agency, unit of local government, or state
15 agency. Dissemination of such information shall be subject
16 to all confidentiality requirements otherwise imposed by law.
17 The Department of State Police shall provide training for
18 State Police officers in identifying, responding to, and
19 reporting all hate crimes. The Illinois Law Enforcement
20 Training Standards Board shall develop and certify a course
21 of such training to be made available to local law
22 enforcement officers.
23 32. Upon the request of a private carrier company that
24 provides transportation under Section 28b of the Metropolitan
25 Transit Authority Act, to ascertain if an applicant for a
26 driver position has been convicted of any criminal or drug
27 offense enumerated in Section 28b of the Metropolitan Transit
28 Authority Act. The Department shall furnish the conviction
29 information to the private carrier company that requested the
30 information.
31 33. To apply for grants or contracts, receive, expend,
32 allocate, or disburse funds and moneys made available by
33 public or private entities, including, but not limited to,
34 contracts, bequests, grants, or receiving equipment from
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1 corporations, foundations, or public or private institutions
2 of higher learning. All funds received by the Department
3 from these sources shall be deposited into the appropriate
4 fund in the State Treasury to be appropriated to the
5 Department for purposes as indicated by the grantor or
6 contractor or, in the case of funds or moneys bequeathed or
7 granted for no specific purpose, for any purpose as deemed
8 appropriate by the Director in administering the
9 responsibilities of the Department.
10 34. Upon the request of the Department of Children and
11 Family Services, the Department of State Police shall provide
12 properly designated employees of the Department of Children
13 and Family Services with criminal history record information
14 as defined in the Illinois Uniform Conviction Information Act
15 and information maintained in the Statewide Central Juvenile
16 record system as defined in subdivision (A)19 of this Section
17 if the Department of Children and Family Services determines
18 the information is necessary to perform its duties under the
19 Abused and Neglected Child Reporting Act, the Child Care Act
20 of 1969, and the Children and Family Services Act. The
21 request shall be in the form and manner specified by the
22 Department of State Police.
23 35. The Illinois Department of Public Aid is an
24 authorized entity under this Section for the purpose of
25 exchanging information, in the form and manner required by
26 the Department of State Police, obtaining access to various
27 data repositories available through LEADS, to facilitate the
28 location of individuals for establishing paternity, and
29 establishing, modifying, and enforcing child support
30 obligations, pursuant to the Illinois Public Aid Code and
31 Title IV, Part Section D of the Social Security Act. The
32 Department shall enter into an agreement with the Illinois
33 Department of Public Aid consistent with these purposes.
34 36. Upon request of the Department of Human Services, to
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1 conduct an assessment and evaluation of sexually violent
2 persons as mandated by the Sexually Violent Persons
3 Commitment Act, the Department shall furnish criminal history
4 information maintained on the requested person. The request
5 shall be in the form and manner specified by the Department.
6 37. To exercise the powers and perform the duties
7 specifically assigned to the Department under the Wireless
8 Emergency Telephone Safety Act with respect to the
9 development and improvement of emergency communications
10 procedures and facilities in such a manner as to facilitate a
11 quick response to any person calling the number "9-1-1"
12 seeking police, fire, medical, or other emergency services
13 through a wireless carrier as defined in Section 10 of the
14 Wireless Emergency Telephone Safety Act. Nothing in the
15 Wireless Emergency Telephone Safety Act shall require the
16 Illinois State Police to provide wireless enhanced 9-1-1
17 services.
18 (B) The Department of State Police may establish and
19 maintain, within the Department of State Police, a Statewide
20 Organized Criminal Gang Database (SWORD) for the purpose of
21 tracking organized criminal gangs and their memberships.
22 Information in the database may include, but not be limited
23 to, the name, last known address, birth date, physical
24 descriptions (such as scars, marks, or tattoos), officer
25 safety information, organized gang affiliation, and entering
26 agency identifier. The Department may develop, in
27 consultation with the Criminal Justice Information Authority,
28 and in a form and manner prescribed by the Department, an
29 automated data exchange system to compile, to maintain, and
30 to make this information electronically available to
31 prosecutors and to other law enforcement agencies. The
32 information may be used by authorized agencies to combat the
33 operations of organized criminal gangs statewide.
34 (C) The Department of State Police may ascertain the
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1 number of bilingual police officers and other personnel
2 needed to provide services in a language other than English
3 and may establish, under applicable personnel rules and
4 Department guidelines or through a collective bargaining
5 agreement, a bilingual pay supplement program.
6 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
7 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
8 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
9 1-21-99.)
10 Section 810. The State Finance Act is amended by adding
11 Sections 5.490, 5.491, 5-492, and 8.36 as follows:
12 (30 ILCS 105/5.490 new)
13 Sec. 5.490. Wireless Service Emergency Fund.
14 (30 ILCS 105/5.491 new)
15 Sec. 5.491. State Police Wireless Service Emergency
16 Fund.
17 (30 ILCS 105/5.492 new)
18 Sec. 5.492. Wireless Carrier Reimbursement Fund.
19 (30 ILCS 105/8.36 new)
20 Sec. 8.36. State Police Wireless Service Emergency Fund.
21 (a) The State Police Wireless Service Emergency Fund is
22 created as a special fund in the State Treasury.
23 (b) Grants to the Department of State Police from the
24 Wireless Service Emergency Fund shall be deposited into the
25 State Police Wireless Service Emergency Fund and shall be
26 used in accordance with Section 20 of the Wireless Emergency
27 Telephone Safety Act.
28 (c) On July 1, 1999, the State Comptroller and State
29 Treasurer shall transfer $1,300,000 from the General Revenue
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1 Fund to the State Police Wireless Service Emergency Fund. On
2 June 30, 2003 the State Comptroller and State Treasurer shall
3 transfer $1,300,000 from the State Police Wireless Service
4 Emergency Fund to the General Revenue Fund.
5 Section 995. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 999. Effective date. This Act takes effect July
13 1, 1999.".