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91_SB0283eng SB283 Engrossed LRB9101118DHmgA 1 AN ACT to conform State statutes to existing State 2 practice. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Act on the Aging is amended by 6 changing Section 8.01 as follows: 7 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01) 8 Sec. 8.01. Coordinating Committee; members. The 9 Coordinating Committee of State Agencies Serving Older 10 Persons shall consist of the Director of the Department on 11 Aging as Chairman, the State Superintendent of Education, the 12 Secretary of Human Services, the Secretary of Transportation, 13 and the Directors of the following Departments or agencies: 14 Labor; Veterans' Affairs; Public Health; Public Aid; Children 15 and Family Services; Commerce and Community Affairs; 16 Insurance; Revenue; Illinois Housing Development Authority; 17 and Comprehensive State Health Planning; or their designees. 18 (Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97; 19 90-609, eff. 6-30-98.) 20 Section 10. The Civil Administrative Code of Illinois is 21 amended by changing Section 46.37 as follows: 22 (20 ILCS 605/46.37) (from Ch. 127, par. 46.37) 23 Sec. 46.37. The Department shall provide for a central 24 clearing house for information concerning local government 25 problems and various solutions to those problems and shall 26 assist and aid local governments of the State in matters 27 relating to budgets, fiscal procedures and administration. In 28 performing this responsibility the Department shall have the 29 power and duty to: SB283 Engrossed -2- LRB9101118DHmgA 1 (a) Maintain communication with all local governments 2 and assist them, at their request, to improve their 3 administrative procedures and to facilitate improved local 4 government and development; 5 (b) Assemble and disseminate information concerning 6 State and Federal programs, grants, gifts, and subsidies 7 available to local governments and to provide counsel and 8 technical services and other assistance in applying for such 9 programs, grants, gifts and subsidies; 10 (c) Assist in coordinating activities by obtaining 11 information, on forms provided by the Department or by 12 receipt of proposals and applications, concerning State and 13 Federal assisted programs, grants, gifts, and subsidies 14 applied for and received by all local governments; 15 (d) Provide direct consultative services to local 16 governments upon request and provide staff services to 17 special commissions, the Governor, the General Assembly or 18 its committees; 19 (e) Render advice and assistance with respect to the 20 establishment and maintenance of programs for the training of 21 local government officials and other personnel, including22programs of intergovernmental exchange of personnel; 23 (f) To act as the official State agency for the receipt 24 and distribution of federal funds which are or may be 25 provided to the State on a flat grant basis for distribution 26 to local governments or in the event federal law requires a 27 State agency to implement programs affecting local 28 governments and for State funds which are or may be provided 29 for the use of local governments unless otherwise provided by 30 law; 31 (g) To administer such laws relating to local government 32 affairs as the General Assembly may direct; 33 (h) Provide all advice and assistance to improve local 34 government administration, to insure the economical and SB283 Engrossed -3- LRB9101118DHmgA 1 efficient provision of local government services, and to make 2 this Act effective; 3 (i) Give advice and counsel on fiscal problems of local 4 governments of the State to such local governments; 5 (j) Prepare uniform budgetary forms for use by the local 6 governments of the State; 7 (k) Assist and advise the local governments of the State 8 in matters pertaining to budgets, appropriation requests and 9 ordinances, the determination of property tax levies and 10 rates, and other matters of a financial nature; 11 (l) Be a repository for financial reports and statements 12 required by law of local governments of the State and publish 13 financial summaries thereof; 14 (m) (Blank)At the request of local governments, provide15assistance in preparing bond issues, review bonding16proposals, and assist in marketing bonds, and provide by17January 1, 1985, model forms for the disclosure of all18information of significance to potential purchasers of long19or short term debt of local governments and all information20required to be disclosed in connection with the sale of long21or short term debt by local governments; 22 (n) Prepare proposals and advise on the investment of 23 idle local government funds; 24 (o) Administer the program of grants, loans and loan 25 guarantees under the federal Public Works and Economic 26 Development Act of 1965, as amended, 42 U.S.C. 3121 et seq., 27 and to receive and disburse State and federal funds provided 28 for that program and moneys received as repayments of loans 29 made under the program; 30 (p) After January 1, 1985, upon the request of local 31 governments, to prepare and provide model financial statement 32 forms designed to communicate to taxpayers, service 33 consumers, voters, government employees and news media, in a 34 non-technical manner, all significant financial information SB283 Engrossed -4- LRB9101118DHmgA 1 regarding a particular local government, and to prepare and 2 provide to local governments a summary of local governments' 3 obligations concerning the adoption of an annual operating 4 budget which summary shall be set forth in a non-technical 5 manner and shall be designed principally for distribution to, 6 and the use of, taxpayers, service consumers, voters, 7 government employees and news media. 8 (Source: P.A. 83-1362.) 9 Section 15. The Center for Business Ownership Succession 10 and Employee Ownership Act is amended by changing Section 2 11 as follows: 12 (20 ILCS 609/2) 13 Sec. 2. Center for Business Ownership Succession and 14 Employee Ownership. 15 (a) There is created within the Department of Commerce 16 and Community Affairs the Center for Business Ownership 17 Succession and Employee Ownership. 18 The purpose of the Center is to foster greater awareness 19 of the most effective techniques that facilitate business 20 ownership succession and employee ownership with an emphasis 21 on the retention and creation of job opportunities. 22 (b) The Center shall have the authority to do the 23 following: 24 (1) Develop and disseminate materials to promote 25 effective business ownership succession and employee 26 ownership strategies. 27 (2) Provide counseling to individual companies and 28 referral services to provide professional advisors expert 29 in the field of business ownership succession and 30 employee ownership. 31 (3) Plan, organize, sponsor, or conduct conferences 32 and workshops on business ownership succession and SB283 Engrossed -5- LRB9101118DHmgA 1 employee ownership issues. 2 (4) Network and contract with local economic 3 development agencies, business organizations, and 4 professional advisors to accomplish the goals of the 5 Center. 6 (5) Raise money from private sources to support the 7 work of the Center. 8 (c) (Blank)The work of the Center shall be supported9and guided by an Advisory Task Force on Business Ownership10Succession and Employee Ownership. The Task Force shall11consist of individuals from the private and public sectors,12at least two-thirds of whom shall be from the private sector.13The members and the Task Force chairperson shall be chosen by14the Governor. 15 (Source: P.A. 89-364, eff. 8-18-95.) 16 Section 20. The Illinois Coal and Energy Development 17 Bond Act is amended by changing Section 6 as follows: 18 (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106) 19 Sec. 6. The Department of Commerce and Community Affairs 20 is authorized to use $120,000,000 for the purposes specified 21 in this Act. These funds shall be expended onlyon projects22for which previous approval of the Illinois Energy Resources23Commission has been granted orfor a grant to the owner of a 24 generating station located in Illinois and having at least 25 three coal-fired generating units with accredited summer 26 capacity greater than 500 megawatts each at such generating 27 station as specifically authorized by this paragraph. 28 Notwithstanding any of the other provisions of this Act, in 29 considering the approval of projects to be funded under this 30 Act, the Department of Commerce and Community Affairsand the31Illinois Energy Resources Commissionshall give special 32 consideration to projects which are designed to remove sulfur SB283 Engrossed -6- LRB9101118DHmgA 1 and other pollutants in the preparation and utilization of 2 coal, and in the use and operation of electric utility 3 generating plants and industrial facilities which utilize 4 Illinois coal as their primary source of fuel. The 5 Department of Commerce and Community Affairs is directed to 6 enter into a contract with the owner of a generating station 7 located in Illinois and having at least three coal-fired 8 generating units with accredited summer capability greater 9 than 500 megawatts each at such generating station for a 10 grant of $35,000,000 to be made by the State of Illinois to 11 such owner to be used to pay costs of designing, acquiring, 12 constructing, installing and testing facilities to reduce 13 sulfur dioxide emissions at one such generating unit to allow 14 that unit to meet the requirements of the Federal Clean Air 15 Act Amendments of 1990 (P.L. 101-549) while continuing to use 16 coal mined in Illinois as its source of fuel. 17 (Source: P.A. 89-445, eff. 2-7-96.) 18 Section 25. The Disabled Persons Rehabilitation Act is 19 amended by changing Section 3 as follows: 20 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 21 Sec. 3. Powers and duties. The Department shall have the 22 powers and duties enumerated herein: 23 (a) To co-operate with the federal government in the 24 administration of the provisions of the federal 25 Rehabilitation Act of 1973, as amended, and of the federal 26 Social Security Act to the extent and in the manner provided 27 in these Acts. 28 (b) To prescribe and supervise such courses of 29 vocational training and provide such other services as may be 30 necessary for the habilitation and rehabilitation of persons 31 with one or more disabilities, including the administrative 32 activities under subsection (e) of this Section, and to SB283 Engrossed -7- LRB9101118DHmgA 1 co-operate with State and local school authorities and other 2 recognized agencies engaged in habilitation, rehabilitation 3 and comprehensive rehabilitation services; and to cooperate 4 with the Department of Children and Family Services regarding 5 the care and education of children with one or more 6 disabilities. 7 (c) To make such reports and submit such plans to the 8 federal government as are required by the provisions of the 9 federal Rehabilitation Act of 1973, as amended, and by the 10 rules and regulations of the federal agency or agencies 11 administering the federal Rehabilitation Act of 1973, as 12 amended, and the federal Social Security Act. 13 (d) To report in writing, to the Governor, annually on 14 or before the first day of December, and at such other times 15 and in such manner and upon such subjects as the Governor may 16 require. The annual report shall contain (1) a statement of 17 the existing condition of comprehensive rehabilitation 18 services, habilitation and rehabilitation in the State; (2) a 19 statement of suggestions and recommendations with reference 20 to the development of comprehensive rehabilitation services, 21 habilitation and rehabilitation in the State; and (3) an 22 itemized statement of the amounts of money received from 23 federal, State and other sources, and of the objects and 24 purposes to which the respective items of these several 25 amounts have been devoted. 26 (e) To exercise, pursuant to Section 13 of this Act, 27 executive and administrative supervision over all 28 institutions, divisions, programs and services now existing 29 or hereafter acquired or created under the jurisdiction of 30 the Department, including, but not limited to, the following: 31 The Illinois School for the Visually Impaired at 32 Jacksonville, as provided under Section 10 of this Act, 33 The Illinois School for the Deaf at Jacksonville, as 34 provided under Section 10 of this Act, and SB283 Engrossed -8- LRB9101118DHmgA 1 The Illinois Center for Rehabilitation and Education, as 2 provided under Section 11 of this Act. 3 (f) To establish a program of services to prevent 4 unnecessary institutionalization of persons with Alzheimer's 5 disease and related disorders or persons in need of long term 6 care who are established as blind or disabled as defined by 7 the Social Security Act, thereby enabling them to remain in 8 their own homes or other living arrangements. Such preventive 9 services may include, but are not limited to, any or all of 10 the following: 11 (1) home health services; 12 (2) home nursing services; 13 (3) homemaker services; 14 (4) chore and housekeeping services; 15 (5) day care services; 16 (6) home-delivered meals; 17 (7) education in self-care; 18 (8) personal care services; 19 (9) adult day health services; 20 (10) habilitation services; 21 (11) respite care; or 22 (12) other nonmedical social services that may 23 enable the person to become self-supporting. 24 The Department shall establish eligibility standards for 25 such services taking into consideration the unique economic 26 and social needs of the population for whom they are to be 27 provided. Such eligibility standards may be based on the 28 recipient's ability to pay for services; provided, however, 29 that any portion of a person's income that is equal to or 30 less than the "protected income" level shall not be 31 considered by the Department in determining eligibility. The 32 "protected income" level shall be determined by the 33 Department, shall never be less than the federal poverty 34 standard, and shall be adjusted each year to reflect changes SB283 Engrossed -9- LRB9101118DHmgA 1 in the Consumer Price Index For All Urban Consumers as 2 determined by the United States Department of Labor. 3 Additionally, in determining the amount and nature of 4 services for which a person may qualify, consideration shall 5 not be given to the value of cash, property or other assets 6 held in the name of the person's spouse pursuant to a written 7 agreement dividing marital property into equal but separate 8 shares or pursuant to a transfer of the person's interest in 9 a home to his spouse, provided that the spouse's share of the 10 marital property is not made available to the person seeking 11 such services. 12 The services shall be provided to eligible persons to 13 prevent unnecessary or premature institutionalization, to the 14 extent that the cost of the services, together with the other 15 personal maintenance expenses of the persons, are reasonably 16 related to the standards established for care in a group 17 facility appropriate to their condition. These 18 non-institutional services, pilot projects or experimental 19 facilities may be provided as part of or in addition to those 20 authorized by federal law or those funded and administered by 21 the Illinois Department on Aging. 22 Personal care attendants shall be paid: 23 (i) A $5 per hour minimum rate beginning July 1, 24 1995. 25 (ii) A $5.30 per hour minimum rate beginning July 26 1, 1997. 27 (iii) A $5.40 per hour minimum rate beginning July 28 1, 1998. 29 The Department shall execute, relative to the nursing 30 home prescreening project, as authorized by Section 4.03 of 31 the Illinois Act on the Aging, written inter-agency 32 agreements with the Department on Aging and the Department of 33 Public Aid, to effect the following: (i) intake procedures 34 and common eligibility criteria for those persons who are SB283 Engrossed -10- LRB9101118DHmgA 1 receiving non-institutional services; and (ii) the 2 establishment and development of non-institutional services 3 in areas of the State where they are not currently available 4 or are undeveloped. On and after July 1, 1996, all nursing 5 home prescreenings for individuals 18 through 59 years of age 6 shall be conducted by the Department. 7 The Department is authorized to establish a system of 8 recipient cost-sharing for services provided under this 9 Section. The cost-sharing shall be based upon the 10 recipient's ability to pay for services, but in no case shall 11 the recipient's share exceed the actual cost of the services 12 provided. Protected income shall not be considered by the 13 Department in its determination of the recipient's ability to 14 pay a share of the cost of services. The level of 15 cost-sharing shall be adjusted each year to reflect changes 16 in the "protected income" level. The Department shall deduct 17 from the recipient's share of the cost of services any money 18 expended by the recipient for disability-related expenses. 19 The Department, or the Department's authorized 20 representative, shall recover the amount of moneys expended 21 for services provided to or in behalf of a person under this 22 Section by a claim against the person's estate or against the 23 estate of the person's surviving spouse, but no recovery may 24 be had until after the death of the surviving spouse, if any, 25 and then only at such time when there is no surviving child 26 who is under age 21, blind, or permanently and totally 27 disabled. This paragraph, however, shall not bar recovery, 28 at the death of the person, of moneys for services provided 29 to the person or in behalf of the person under this Section 30 to which the person was not entitled; provided that such 31 recovery shall not be enforced against any real estate while 32 it is occupied as a homestead by the surviving spouse or 33 other dependent, if no claims by other creditors have been 34 filed against the estate, or, if such claims have been filed, SB283 Engrossed -11- LRB9101118DHmgA 1 they remain dormant for failure of prosecution or failure of 2 the claimant to compel administration of the estate for the 3 purpose of payment. This paragraph shall not bar recovery 4 from the estate of a spouse, under Sections 1915 and 1924 of 5 the Social Security Act and Section 5-4 of the Illinois 6 Public Aid Code, who precedes a person receiving services 7 under this Section in death. All moneys for services paid to 8 or in behalf of the person under this Section shall be 9 claimed for recovery from the deceased spouse's estate. 10 "Homestead", as used in this paragraph, means the dwelling 11 house and contiguous real estate occupied by a surviving 12 spouse or relative, as defined by the rules and regulations 13 of the Illinois Department of Public Aid, regardless of the 14 value of the property. 15 The Department and the Department on Aging shall 16 cooperate in the development and submission of an annual 17 report on programs and services provided under this Section. 18 Such joint report shall be filed with the Governor and the 19 General Assembly on or before MarchSeptember30 each year. 20 The requirement for reporting to the General Assembly 21 shall be satisfied by filing copies of the report with the 22 Speaker, the Minority Leader and the Clerk of the House of 23 Representatives and the President, the Minority Leader and 24 the Secretary of the Senate and the Legislative Research 25 Unit, as required by Section 3.1 of the General Assembly 26 Organization Act, and filing additional copies with the State 27 Government Report Distribution Center for the General 28 Assembly as required under paragraph (t) of Section 7 of the 29 State Library Act. 30 (g) To establish such subdivisions of the Department as 31 shall be desirable and assign to the various subdivisions the 32 responsibilities and duties placed upon the Department by 33 law. 34 (h) To cooperate and enter into any necessary agreements SB283 Engrossed -12- LRB9101118DHmgA 1 with the Department of Employment Security for the provision 2 of job placement and job referral services to clients of the 3 Department, including job service registration of such 4 clients with Illinois Employment Security offices and making 5 job listings maintained by the Department of Employment 6 Security available to such clients. 7 (i) To possess all powers reasonable and necessary for 8 the exercise and administration of the powers, duties and 9 responsibilities of the Department which are provided for by 10 law. 11 (j) To establish a procedure whereby new providers of 12 personal care attendant services shall submit vouchers to the 13 State for payment two times during their first month of 14 employment and one time per month thereafter. In no case 15 shall the Department pay personal care attendants an hourly 16 wage that is less than the federal minimum wage. 17 (k) To provide adequate notice to providers of chore and 18 housekeeping services informing them that they are entitled 19 to an interest payment on bills which are not promptly paid 20 pursuant to Section 3 of the State Prompt Payment Act. 21 (l) To establish, operate and maintain a Statewide 22 Housing Clearinghouse of information on available, government 23 subsidized housing accessible to disabled persons and 24 available privately owned housing accessible to disabled 25 persons. The information shall include but not be limited to 26 the location, rental requirements, access features and 27 proximity to public transportation of available housing. The 28 Clearinghouse shall consist of at least a computerized 29 database for the storage and retrieval of information and a 30 separate or shared toll free telephone number for use by 31 those seeking information from the Clearinghouse. Department 32 offices and personnel throughout the State shall also assist 33 in the operation of the Statewide Housing Clearinghouse. 34 Cooperation with local, State and federal housing managers SB283 Engrossed -13- LRB9101118DHmgA 1 shall be sought and extended in order to frequently and 2 promptly update the Clearinghouse's information. 3 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95; 4 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.) 5 Section 30. The Civil Administrative Code of Illinois is 6 amended by changing Sections 55a, 55a-1, 55a-2, 55a-3, 55a-4, 7 55a-5, 55a-7, and 55a-8 as follows: 8 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 9 (Text of Section before amendment by P.A. 90-590) 10 Sec. 55a. Powers and duties. 11 (A) The Department of State Police shall have the 12 following powers and duties, and those set forth in Sections 13 55a-1 through 55c: 14 1. To exercise the rights, powers and duties which have 15 been vested in the Department of Public Safety by the State 16 Police Act. 17 2. To exercise the rights, powers and duties which have 18 been vested in the Department of Public Safety by the State 19 Police Radio Act. 20 3. To exercise the rights, powers and duties which have 21 been vested in the Department of Public Safety by the 22 Criminal Identification Act. 23 4. To (a) investigate the origins, activities, personnel 24 and incidents of crime and the ways and means to redress the 25 victims of crimes, and study the impact, if any, of 26 legislation relative to the effusion of crime and growing 27 crime rates, and enforce the criminal laws of this State 28 related thereto, (b) enforce all laws regulating the 29 production, sale, prescribing, manufacturing, administering, 30 transporting, having in possession, dispensing, delivering, 31 distributing, or use of controlled substances and cannabis, 32 (c) employ skilled experts, scientists, technicians, SB283 Engrossed -14- LRB9101118DHmgA 1 investigators or otherwise specially qualified persons to aid 2 in preventing or detecting crime, apprehending criminals, or 3 preparing and presenting evidence of violations of the 4 criminal laws of the State, (d) cooperate with the police of 5 cities, villages and incorporated towns, and with the police 6 officers of any county, in enforcing the laws of the State 7 and in making arrests and recovering property, (e) apprehend 8 and deliver up any person charged in this State or any other 9 State of the United States with treason, felony, or other 10 crime, who has fled from justice and is found in this State, 11 and (f) conduct such other investigations as may be provided 12 by law. Persons exercising these powers within the Department 13 are conservators of the peace and as such have all the powers 14 possessed by policemen in cities and sheriffs, except that 15 they may exercise such powers anywhere in the State in 16 cooperation with and after contact with the local law 17 enforcement officials. Such persons may use false or 18 fictitious names in the performance of their duties under 19 this paragraph, upon approval of the Director, and shall not 20 be subject to prosecution under the criminal laws for such 21 use. 22 5. To: (a) be a central repository and custodian of 23 criminal statistics for the State, (b) be a central 24 repository for criminal history record information, (c) 25 procure and file for record such information as is necessary 26 and helpful to plan programs of crime prevention, law 27 enforcement and criminal justice, (d) procure and file for 28 record such copies of fingerprints, as may be required by 29 law, (e) establish general and field crime laboratories, (f) 30 register and file for record such information as may be 31 required by law for the issuance of firearm owner's 32 identification cards, (g) employ polygraph operators, 33 laboratory technicians and other specially qualified persons 34 to aid in the identification of criminal activity, and (h) SB283 Engrossed -15- LRB9101118DHmgA 1 undertake such other identification, information, laboratory, 2 statistical or registration activities as may be required by 3 law. 4 6. To (a) acquire and operate one or more radio 5 broadcasting stations in the State to be used for police 6 purposes, (b) operate a statewide communications network to 7 gather and disseminate information for law enforcement 8 agencies, (c) operate an electronic data processing and 9 computer center for the storage and retrieval of data 10 pertaining to criminal activity, and (d) undertake such other 11 communication activities as may be required by law. 12 7. To provide, as may be required by law, assistance to 13 local law enforcement agencies through (a) training, 14 management and consultant services for local law enforcement 15 agencies, and (b) the pursuit of research and the publication 16 of studies pertaining to local law enforcement activities. 17 8. To exercise the rights, powers and duties which have 18 been vested in the Department of State Police and the 19 Director of the Department of State Police by the Narcotic 20 Control Division Abolition Act. 21 9. To exercise the rights, powers and duties which have 22 been vested in the Department of Public Safety by the 23 Illinois Vehicle Code. 24 10. To exercise the rights, powers and duties which have 25 been vested in the Department of Public Safety by the Firearm 26 Owners Identification Card Act. 27 11. To enforce and administer such other laws in 28 relation to law enforcement as may be vested in the 29 Department. 30 12. To transfer jurisdiction of any realty title to 31 which is held by the State of Illinois under the control of 32 the Department to any other department of the State 33 government or to the State Employees Housing Commission, or 34 to acquire or accept Federal land, when such transfer, SB283 Engrossed -16- LRB9101118DHmgA 1 acquisition or acceptance is advantageous to the State and is 2 approved in writing by the Governor. 3 13. With the written approval of the Governor, to enter 4 into agreements with other departments created by this Act, 5 for the furlough of inmates of the penitentiary to such other 6 departments for their use in research programs being 7 conducted by them. 8 For the purpose of participating in such research 9 projects, the Department may extend the limits of any 10 inmate's place of confinement, when there is reasonable cause 11 to believe that the inmate will honor his or her trust by 12 authorizing the inmate, under prescribed conditions, to leave 13 the confines of the place unaccompanied by a custodial agent 14 of the Department. The Department shall make rules governing 15 the transfer of the inmate to the requesting other department 16 having the approved research project, and the return of such 17 inmate to the unextended confines of the penitentiary. Such 18 transfer shall be made only with the consent of the inmate. 19 The willful failure of a prisoner to remain within the 20 extended limits of his or her confinement or to return within 21 the time or manner prescribed to the place of confinement 22 designated by the Department in granting such extension shall 23 be deemed an escape from custody of the Department and 24 punishable as provided in Section 3-6-4 of the Unified Code 25 of Corrections. 26 14. To provide investigative services, with all of the 27 powers possessed by policemen in cities and sheriffs, in and 28 around all race tracks subject to the Horse Racing Act of 29 1975. 30 15. To expend such sums as the Director deems necessary 31 from Contractual Services appropriations for the Division of 32 OperationsCriminal Investigationfor the purchase of 33 evidence and for the employment of persons to obtain 34 evidence. Such sums shall be advanced to agents authorized by SB283 Engrossed -17- LRB9101118DHmgA 1 the Director to expend funds, on vouchers signed by the 2 Director. 3 16. To assist victims and witnesses in gang crime 4 prosecutions through the administration of funds appropriated 5 from the Gang Violence Victims and Witnesses Fund to the 6 Department. Such funds shall be appropriated to the 7 Department and shall only be used to assist victims and 8 witnesses in gang crime prosecutions and such assistance may 9 include any of the following: 10 (a) temporary living costs; 11 (b) moving expenses; 12 (c) closing costs on the sale of private residence; 13 (d) first month's rent; 14 (e) security deposits; 15 (f) apartment location assistance; 16 (g) other expenses which the Department considers 17 appropriate; and 18 (h) compensation for any loss of or injury to real 19 or personal property resulting from a gang crime to a 20 maximum of $5,000, subject to the following provisions: 21 (1) in the case of loss of property, the 22 amount of compensation shall be measured by the 23 replacement cost of similar or like property which 24 has been incurred by and which is substantiated by 25 the property owner, 26 (2) in the case of injury to property, the 27 amount of compensation shall be measured by the cost 28 of repair incurred and which can be substantiated by 29 the property owner, 30 (3) compensation under this provision is a 31 secondary source of compensation and shall be 32 reduced by any amount the property owner receives 33 from any other source as compensation for the loss 34 or injury, including, but not limited to, personal SB283 Engrossed -18- LRB9101118DHmgA 1 insurance coverage, 2 (4) no compensation may be awarded if the 3 property owner was an offender or an accomplice of 4 the offender, or if the award would unjustly benefit 5 the offender or offenders, or an accomplice of the 6 offender or offenders. 7 No victim or witness may receive such assistance if he or 8 she is not a part of or fails to fully cooperate in the 9 prosecution of gang crime members by law enforcement 10 authorities. 11 The Department shall promulgate any rules necessary for 12 the implementation of this amendatory Act of 1985. 13 17. To conduct arson investigations. 14 18. To develop a separate statewide statistical police 15 contact record keeping system for the study of juvenile 16 delinquency. The records of this police contact system shall 17 be limited to statistical information. No individually 18 identifiable information shall be maintained in the police 19 contact statistical record system. 20 19. To develop a separate statewide central adjudicatory 21 and dispositional records system for persons under 19 years 22 of age who have been adjudicated delinquent minors and to 23 make information available to local registered participating 24 police youth officers so that police youth officers will be 25 able to obtain rapid access to the juvenile's background from 26 other jurisdictions to the end that the police youth officers 27 can make appropriate dispositions which will best serve the 28 interest of the child and the community. Information 29 maintained in the adjudicatory and dispositional record 30 system shall be limited to the incidents or offenses for 31 which the minor was adjudicated delinquent by a court, and a 32 copy of the court's dispositional order. All individually 33 identifiable records in the adjudicatory and dispositional 34 records system shall be destroyed when the person reaches 19 SB283 Engrossed -19- LRB9101118DHmgA 1 years of age. 2 20. To develop rules which guarantee the confidentiality 3 of such individually identifiable adjudicatory and 4 dispositional records except when used for the following: 5 (a) by authorized juvenile court personnel or the 6 State's Attorney in connection with proceedings under the 7 Juvenile Court Act of 1987; or 8 (b) inquiries from registered police youth 9 officers. 10 For the purposes of this Act "police youth officer" means 11 a member of a duly organized State, county or municipal 12 police force who is assigned by his or her Superintendent, 13 Sheriff or chief of police, as the case may be, to specialize 14 in youth problems. 15 21. To develop administrative rules and administrative 16 hearing procedures which allow a minor, his or her attorney, 17 and his or her parents or guardian access to individually 18 identifiable adjudicatory and dispositional records for the 19 purpose of determining or challenging the accuracy of the 20 records. Final administrative decisions shall be subject to 21 the provisions of the Administrative Review Law. 22 22. To charge, collect, and receive fees or moneys 23 equivalent to the cost of providing Department of State 24 Police personnel, equipment, and services to local 25 governmental agencies when explicitly requested by a local 26 governmental agency and pursuant to an intergovernmental 27 agreement as provided by this Section, other State agencies, 28 and federal agencies, including but not limited to fees or 29 moneys equivalent to the cost of providing dispatching 30 services, radio and radar repair, and training to local 31 governmental agencies on such terms and conditions as in the 32 judgment of the Director are in the best interest of the 33 State; and to establish, charge, collect and receive fees or 34 moneys based on the cost of providing responses to requests SB283 Engrossed -20- LRB9101118DHmgA 1 for criminal history record information pursuant to positive 2 identification and any Illinois or federal law authorizing 3 access to some aspect of such information and to prescribe 4 the form and manner for requesting and furnishing such 5 information to the requestor on such terms and conditions as 6 in the judgment of the Director are in the best interest of 7 the State, provided fees for requesting and furnishing 8 criminal history record information may be waived for 9 requests in the due administration of the criminal laws. The 10 Department may also charge, collect and receive fees or 11 moneys equivalent to the cost of providing electronic data 12 processing lines or related telecommunication services to 13 local governments, but only when such services can be 14 provided by the Department at a cost less than that 15 experienced by said local governments through other means. 16 All services provided by the Department shall be conducted 17 pursuant to contracts in accordance with the 18 Intergovernmental Cooperation Act, and all telecommunication 19 services shall be provided pursuant to the provisions of 20 Section 67.18 of this Code. 21 All fees received by the Department of State Police under 22 this Act or the Illinois Uniform Conviction Information Act 23 shall be deposited in a special fund in the State Treasury to 24 be known as the State Police Services Fund. The money 25 deposited in the State Police Services Fund shall be 26 appropriated to the Department of State Police for expenses 27 of the Department of State Police. 28 Upon the completion of any audit of the Department of 29 State Police as prescribed by the Illinois State Auditing 30 Act, which audit includes an audit of the State Police 31 Services Fund, the Department of State Police shall make the 32 audit open to inspection by any interested person. 33 23. To exercise the powers and perform the duties which 34 have been vested in the Department of State Police by the SB283 Engrossed -21- LRB9101118DHmgA 1 Intergovernmental Missing Child Recovery Act of 1984, and to 2 establish reasonable rules and regulations necessitated 3 thereby. 4 24. (a) To establish and maintain a statewide Law 5 Enforcement Agencies Data System (LEADS) for the purpose of 6 providing electronic access by authorized entities to 7 criminal justice data repositories and effecting an immediate 8 law enforcement response to reports of missing persons, 9 including lost, missing or runaway minors. The Department 10 shall implement an automatic data exchange system to compile, 11 to maintain and to make available to other law enforcement 12 agencies for immediate dissemination data which can assist 13 appropriate agencies in recovering missing persons and 14 provide access by authorized entities to various data 15 repositories available through LEADS for criminal justice and 16 related purposes. To assist the Department in this effort, 17 funds may be appropriated from the LEADS Maintenance Fund. 18 (b) In exercising its duties under this subsection, the 19 Department shall: 20 (1) provide a uniform reporting format for the 21 entry of pertinent information regarding the report of a 22 missing person into LEADS; 23 (2) develop and implement a policy whereby a 24 statewide or regional alert would be used in situations 25 relating to the disappearances of individuals, based on 26 criteria and in a format established by the Department. 27 Such a format shall include, but not be limited to, the 28 age of the missing person and the suspected circumstance 29 of the disappearance; 30 (3) notify all law enforcement agencies that 31 reports of missing persons shall be entered as soon as 32 the minimum level of data specified by the Department is 33 available to the reporting agency, and that no waiting 34 period for the entry of such data exists; SB283 Engrossed -22- LRB9101118DHmgA 1 (4) compile and retain information regarding lost, 2 abducted, missing or runaway minors in a separate data 3 file, in a manner that allows such information to be used 4 by law enforcement and other agencies deemed appropriate 5 by the Director, for investigative purposes. Such 6 information shall include the disposition of all reported 7 lost, abducted, missing or runaway minor cases; 8 (5) compile and maintain an historic data 9 repository relating to lost, abducted, missing or runaway 10 minors and other missing persons in order to develop and 11 improve techniques utilized by law enforcement agencies 12 when responding to reports of missing persons; and 13 (6) create a quality control program regarding 14 confirmation of missing person data, timeliness of 15 entries of missing person reports into LEADS and 16 performance audits of all entering agencies. 17 25. On request of a school board or regional 18 superintendent of schools, to conduct an inquiry pursuant to 19 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 20 an applicant for employment in a school district has been 21 convicted of any criminal or drug offenses enumerated in 22 Section 10-21.9 or 34-18.5 of the School Code. The 23 Department shall furnish such conviction information to the 24 President of the school board of the school district which 25 has requested the information, or if the information was 26 requested by the regional superintendent to that regional 27 superintendent. 28 26. To promulgate rules and regulations necessary for 29 the administration and enforcement of its powers and duties, 30 wherever granted and imposed, pursuant to the Illinois 31 Administrative Procedure Act. 32 27. To (a) promulgate rules pertaining to the 33 certification, revocation of certification and training of 34 law enforcement officers as electronic criminal surveillance SB283 Engrossed -23- LRB9101118DHmgA 1 officers, (b) provide training and technical assistance to 2 State's Attorneys and local law enforcement agencies 3 pertaining to the interception of private oral 4 communications, (c) promulgate rules necessary for the 5 administration of Article 108B of the Code of Criminal 6 Procedure of 1963, including but not limited to standards for 7 recording and minimization of electronic criminal 8 surveillance intercepts, documentation required to be 9 maintained during an intercept, procedures in relation to 10 evidence developed by an intercept, and (d) charge a 11 reasonable fee to each law enforcement agency that sends 12 officers to receive training as electronic criminal 13 surveillance officers. 14 28. Upon the request of any private organization which 15 devotes a major portion of its time to the provision of 16 recreational, social, educational or child safety services to 17 children, to conduct, pursuant to positive identification, 18 criminal background investigations of all of that 19 organization's current employees, current volunteers, 20 prospective employees or prospective volunteers charged with 21 the care and custody of children during the provision of the 22 organization's services, and to report to the requesting 23 organization any record of convictions maintained in the 24 Department's files about such persons. The Department shall 25 charge an application fee, based on actual costs, for the 26 dissemination of conviction information pursuant to this 27 subsection. The Department is empowered to establish this 28 fee and shall prescribe the form and manner for requesting 29 and furnishing conviction information pursuant to this 30 subsection. Information received by the organization from the 31 Department concerning an individual shall be provided to such 32 individual. Any such information obtained by the 33 organization shall be confidential and may not be transmitted 34 outside the organization and may not be transmitted to anyone SB283 Engrossed -24- LRB9101118DHmgA 1 within the organization except as needed for the purpose of 2 evaluating the individual. Only information and standards 3 which bear a reasonable and rational relation to the 4 performance of child care shall be used by the organization. 5 Any employee of the Department or any member, employee or 6 volunteer of the organization receiving confidential 7 information under this subsection who gives or causes to be 8 given any confidential information concerning any criminal 9 convictions of an individual shall be guilty of a Class A 10 misdemeanor unless release of such information is authorized 11 by this subsection. 12 29. Upon the request of the Department of Children and 13 Family Services, to investigate reports of child abuse or 14 neglect. 15 30. To obtain registration of a fictitious vital record 16 pursuant to Section 15.1 of the Vital Records Act. 17 31. To collect and disseminate information relating to 18 "hate crimes" as defined under Section 12-7.1 of the Criminal 19 Code of 1961 contingent upon the availability of State or 20 Federal funds to revise and upgrade the Illinois Uniform 21 Crime Reporting System. All law enforcement agencies shall 22 report monthly to the Department of State Police concerning 23 such offenses in such form and in such manner as may be 24 prescribed by rules and regulations adopted by the Department 25 of State Police. Such information shall be compiled by the 26 Department and be disseminated upon request to any local law 27 enforcement agency, unit of local government, or state 28 agency. Dissemination of such information shall be subject 29 to all confidentiality requirements otherwise imposed by law. 30 The Department of State Police shall provide training for 31 State Police officers in identifying, responding to, and 32 reporting all hate crimes. The IllinoisLocal Governmental33 Law EnforcementOfficer'sTraining Standards Board shall 34 develop and certify a course of such training to be made SB283 Engrossed -25- LRB9101118DHmgA 1 available to local law enforcement officers. 2 32. Upon the request of a private carrier company that 3 provides transportation under Section 28b of the Metropolitan 4 Transit Authority Act, to ascertain if an applicant for a 5 driver position has been convicted of any criminal or drug 6 offense enumerated in Section 28b of the Metropolitan Transit 7 Authority Act. The Department shall furnish the conviction 8 information to the private carrier company that requested the 9 information. 10 33. To apply for grants or contracts, receive, expend, 11 allocate, or disburse funds and moneys made available by 12 public or private entities, including, but not limited to, 13 contracts, bequests, grants, or receiving equipment from 14 corporations, foundations, or public or private institutions 15 of higher learning. All funds received by the Department 16 from these sources shall be deposited into the appropriate 17 fund in the State Treasury to be appropriated to the 18 Department for purposes as indicated by the grantor or 19 contractor or, in the case of funds or moneys bequeathed or 20 granted for no specific purpose, for any purpose as deemed 21 appropriate by the Director in administering the 22 responsibilities of the Department. 23 34. Upon the request of the Department of Children and 24 Family Services, the Department of State Police shall provide 25 properly designated employees of the Department of Children 26 and Family Services with criminal history record information 27 as defined in the Illinois Uniform Conviction Information Act 28 and information maintained in the adjudicatory and 29 dispositional record system as defined in subdivision (A)19 30 of this Section if the Department of Children and Family 31 Services determines the information is necessary to perform 32 its duties under the Abused and Neglected Child Reporting 33 Act, the Child Care Act of 1969, and the Children and Family 34 Services Act. The request shall be in the form and manner SB283 Engrossed -26- LRB9101118DHmgA 1 specified by the Department of State Police. 2 35. The Illinois Department of Public Aid is an 3 authorized entity under this Section for the purpose of 4 obtaining access to various data repositories available 5 through LEADS, to facilitate the location of individuals for 6 establishing paternity, and establishing, modifying, and 7 enforcing child support obligations, pursuant to the Illinois 8 Public Aid Code and Title IV, Part D of the Social Security 9 Act. The Department shall enter into an agreement with the 10 Illinois Department of Public Aid consistent with these 11 purposes. 12 36. Upon request of the Department of Human Services, to 13 conduct an assessment and evaluation of sexually violent 14 persons as mandated by the Sexually Violent Persons 15 Commitment Act, the Department shall furnish criminal history 16 information maintained on the requested person. The request 17 shall be in the form and manner specified by the Department. 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 SB283 Engrossed -27- LRB9101118DHmgA 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; 90-655, eff. 8 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 9 (Text of Section after amendment by P.A. 90-590) 10 Sec. 55a. Powers and duties. 11 (A) The Department of State Police shall have the 12 following powers and duties, and those set forth in Sections 13 55a-1 through 55c: 14 1. To exercise the rights, powers and duties which have 15 been vested in the Department of Public Safety by the State 16 Police Act. 17 2. To exercise the rights, powers and duties which have 18 been vested in the Department of Public Safety by the State 19 Police Radio Act. 20 3. To exercise the rights, powers and duties which have 21 been vested in the Department of Public Safety by the 22 Criminal Identification Act. 23 4. To (a) investigate the origins, activities, personnel 24 and incidents of crime and the ways and means to redress the 25 victims of crimes, and study the impact, if any, of 26 legislation relative to the effusion of crime and growing 27 crime rates, and enforce the criminal laws of this State 28 related thereto, (b) enforce all laws regulating the 29 production, sale, prescribing, manufacturing, administering, 30 transporting, having in possession, dispensing, delivering, 31 distributing, or use of controlled substances and cannabis, 32 (c) employ skilled experts, scientists, technicians, 33 investigators or otherwise specially qualified persons to aid 34 in preventing or detecting crime, apprehending criminals, or SB283 Engrossed -28- LRB9101118DHmgA 1 preparing and presenting evidence of violations of the 2 criminal laws of the State, (d) cooperate with the police of 3 cities, villages and incorporated towns, and with the police 4 officers of any county, in enforcing the laws of the State 5 and in making arrests and recovering property, (e) apprehend 6 and deliver up any person charged in this State or any other 7 State of the United States with treason, felony, or other 8 crime, who has fled from justice and is found in this State, 9 and (f) conduct such other investigations as may be provided 10 by law. Persons exercising these powers within the Department 11 are conservators of the peace and as such have all the powers 12 possessed by policemen in cities and sheriffs, except that 13 they may exercise such powers anywhere in the State in 14 cooperation with and after contact with the local law 15 enforcement officials. Such persons may use false or 16 fictitious names in the performance of their duties under 17 this paragraph, upon approval of the Director, and shall not 18 be subject to prosecution under the criminal laws for such 19 use. 20 5. To: (a) be a central repository and custodian of 21 criminal statistics for the State, (b) be a central 22 repository for criminal history record information, (c) 23 procure and file for record such information as is necessary 24 and helpful to plan programs of crime prevention, law 25 enforcement and criminal justice, (d) procure and file for 26 record such copies of fingerprints, as may be required by 27 law, (e) establish general and field crime laboratories, (f) 28 register and file for record such information as may be 29 required by law for the issuance of firearm owner's 30 identification cards, (g) employ polygraph operators, 31 laboratory technicians and other specially qualified persons 32 to aid in the identification of criminal activity, and (h) 33 undertake such other identification, information, laboratory, 34 statistical or registration activities as may be required by SB283 Engrossed -29- LRB9101118DHmgA 1 law. 2 6. To (a) acquire and operate one or more radio 3 broadcasting stations in the State to be used for police 4 purposes, (b) operate a statewide communications network to 5 gather and disseminate information for law enforcement 6 agencies, (c) operate an electronic data processing and 7 computer center for the storage and retrieval of data 8 pertaining to criminal activity, and (d) undertake such other 9 communication activities as may be required by law. 10 7. To provide, as may be required by law, assistance to 11 local law enforcement agencies through (a) training, 12 management and consultant services for local law enforcement 13 agencies, and (b) the pursuit of research and the publication 14 of studies pertaining to local law enforcement activities. 15 8. To exercise the rights, powers and duties which have 16 been vested in the Department of State Police and the 17 Director of the Department of State Police by the Narcotic 18 Control Division Abolition Act. 19 9. To exercise the rights, powers and duties which have 20 been vested in the Department of Public Safety by the 21 Illinois Vehicle Code. 22 10. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the Firearm 24 Owners Identification Card Act. 25 11. To enforce and administer such other laws in 26 relation to law enforcement as may be vested in the 27 Department. 28 12. To transfer jurisdiction of any realty title to 29 which is held by the State of Illinois under the control of 30 the Department to any other department of the State 31 government or to the State Employees Housing Commission, or 32 to acquire or accept Federal land, when such transfer, 33 acquisition or acceptance is advantageous to the State and is 34 approved in writing by the Governor. SB283 Engrossed -30- LRB9101118DHmgA 1 13. With the written approval of the Governor, to enter 2 into agreements with other departments created by this Act, 3 for the furlough of inmates of the penitentiary to such other 4 departments for their use in research programs being 5 conducted by them. 6 For the purpose of participating in such research 7 projects, the Department may extend the limits of any 8 inmate's place of confinement, when there is reasonable cause 9 to believe that the inmate will honor his or her trust by 10 authorizing the inmate, under prescribed conditions, to leave 11 the confines of the place unaccompanied by a custodial agent 12 of the Department. The Department shall make rules governing 13 the transfer of the inmate to the requesting other department 14 having the approved research project, and the return of such 15 inmate to the unextended confines of the penitentiary. Such 16 transfer shall be made only with the consent of the inmate. 17 The willful failure of a prisoner to remain within the 18 extended limits of his or her confinement or to return within 19 the time or manner prescribed to the place of confinement 20 designated by the Department in granting such extension shall 21 be deemed an escape from custody of the Department and 22 punishable as provided in Section 3-6-4 of the Unified Code 23 of Corrections. 24 14. To provide investigative services, with all of the 25 powers possessed by policemen in cities and sheriffs, in and 26 around all race tracks subject to the Horse Racing Act of 27 1975. 28 15. To expend such sums as the Director deems necessary 29 from Contractual Services appropriations for the Division of 30 OperationsCriminal Investigationfor the purchase of 31 evidence and for the employment of persons to obtain 32 evidence. Such sums shall be advanced to agents authorized by 33 the Director to expend funds, on vouchers signed by the 34 Director. SB283 Engrossed -31- LRB9101118DHmgA 1 16. To assist victims and witnesses in gang crime 2 prosecutions through the administration of funds appropriated 3 from the Gang Violence Victims and Witnesses Fund to the 4 Department. Such funds shall be appropriated to the 5 Department and shall only be used to assist victims and 6 witnesses in gang crime prosecutions and such assistance may 7 include any of the following: 8 (a) temporary living costs; 9 (b) moving expenses; 10 (c) closing costs on the sale of private residence; 11 (d) first month's rent; 12 (e) security deposits; 13 (f) apartment location assistance; 14 (g) other expenses which the Department considers 15 appropriate; and 16 (h) compensation for any loss of or injury to real 17 or personal property resulting from a gang crime to a 18 maximum of $5,000, subject to the following provisions: 19 (1) in the case of loss of property, the 20 amount of compensation shall be measured by the 21 replacement cost of similar or like property which 22 has been incurred by and which is substantiated by 23 the property owner, 24 (2) in the case of injury to property, the 25 amount of compensation shall be measured by the cost 26 of repair incurred and which can be substantiated by 27 the property owner, 28 (3) compensation under this provision is a 29 secondary source of compensation and shall be 30 reduced by any amount the property owner receives 31 from any other source as compensation for the loss 32 or injury, including, but not limited to, personal 33 insurance coverage, 34 (4) no compensation may be awarded if the SB283 Engrossed -32- LRB9101118DHmgA 1 property owner was an offender or an accomplice of 2 the offender, or if the award would unjustly benefit 3 the offender or offenders, or an accomplice of the 4 offender or offenders. 5 No victim or witness may receive such assistance if he or 6 she is not a part of or fails to fully cooperate in the 7 prosecution of gang crime members by law enforcement 8 authorities. 9 The Department shall promulgate any rules necessary for 10 the implementation of this amendatory Act of 1985. 11 17. To conduct arson investigations. 12 18. To develop a separate statewide statistical police 13 contact record keeping system for the study of juvenile 14 delinquency. The records of this police contact system shall 15 be limited to statistical information. No individually 16 identifiable information shall be maintained in the police 17 contact statistical record system. 18 19. To develop a separate statewide central juvenile 19 records system for persons arrested prior to the age of 17 20 under Section 5-401 of the Juvenile Court Act of 1987 or 21 adjudicated delinquent minors and to make information 22 available to local law enforcement officers so that law 23 enforcement officers will be able to obtain rapid access to 24 the background of the minor from other jurisdictions to the 25 end that the juvenile police officers can make appropriate 26 decisions which will best serve the interest of the child and 27 the community. The Department shall submit a quarterly 28 report to the General Assembly and Governor which shall 29 contain the number of juvenile records that the Department 30 has received in that quarter and,a list, by category, of 31 offenses that minors were arrested for or convicted of by 32 age, race and gender. 33 20. To develop rules which guarantee the confidentiality 34 of such individually identifiable juvenile records except to SB283 Engrossed -33- LRB9101118DHmgA 1 juvenile authorities who request information concerning the 2 minor and who certify in writing that the information will 3 not be disclosed to any other party except as provided under 4 law or order of court. For purposes of this Section, 5 "juvenile authorities" means: (i) a judge of the circuit 6 court and members of the staff of the court designated by the 7 judge; (ii) parties to the proceedings under the Juvenile 8 Court Act of 1987 and their attorneys; (iii) probation 9 officers and court appointed advocates for the juvenile 10 authorized by the judge hearing the case; (iv) any individual 11 or,public orofprivate agency having custody of the child 12 pursuant to court order; (v) any individual or,public or 13 private agency providing education, medical or mental health 14 service to the child when the requested information is needed 15 to determine the appropriate service or treatment for the 16 minor; (vi) any potential placement provider when such 17 release is authorized by the court for the limited purpose of 18 determining the appropriateness of the potential placement; 19 (vii) law enforcement officers and prosecutors; (viii) adult 20 and juvenile prisoner review boards; (ix) authorized military 21 personnel; (x) individuals authorized by court; (xi) the 22 Illinois General Assembly or any committee or commission 23 thereof. 24 21. To develop administrative rules and administrative 25 hearing procedures which allow a minor, his or her attorney, 26 and his or her parents or guardian access to individually 27 identifiable juvenile records for the purpose of determining 28 or challenging the accuracy of the records. Final 29 administrative decisions shall be subject to the provisions 30 of the Administrative Review Law. 31 22. To charge, collect, and receive fees or moneys 32 equivalent to the cost of providing Department of State 33 Police personnel, equipment, and services to local 34 governmental agencies when explicitly requested by a local SB283 Engrossed -34- LRB9101118DHmgA 1 governmental agency and pursuant to an intergovernmental 2 agreement as provided by this Section, other State agencies, 3 and federal agencies, including but not limited to fees or 4 moneys equivalent to the cost of providing dispatching 5 services, radio and radar repair, and training to local 6 governmental agencies on such terms and conditions as in the 7 judgment of the Director are in the best interest of the 8 State; and to establish, charge, collect and receive fees or 9 moneys based on the cost of providing responses to requests 10 for criminal history record information pursuant to positive 11 identification and any Illinois or federal law authorizing 12 access to some aspect of such information and to prescribe 13 the form and manner for requesting and furnishing such 14 information to the requestor on such terms and conditions as 15 in the judgment of the Director are in the best interest of 16 the State, provided fees for requesting and furnishing 17 criminal history record information may be waived for 18 requests in the due administration of the criminal laws. The 19 Department may also charge, collect and receive fees or 20 moneys equivalent to the cost of providing electronic data 21 processing lines or related telecommunication services to 22 local governments, but only when such services can be 23 provided by the Department at a cost less than that 24 experienced by said local governments through other means. 25 All services provided by the Department shall be conducted 26 pursuant to contracts in accordance with the 27 Intergovernmental Cooperation Act, and all telecommunication 28 services shall be provided pursuant to the provisions of 29 Section 67.18 of this Code. 30 All fees received by the Department of State Police under 31 this Act or the Illinois Uniform Conviction Information Act 32 shall be deposited in a special fund in the State Treasury to 33 be known as the State Police Services Fund. The money 34 deposited in the State Police Services Fund shall be SB283 Engrossed -35- LRB9101118DHmgA 1 appropriated to the Department of State Police for expenses 2 of the Department of State Police. 3 Upon the completion of any audit of the Department of 4 State Police as prescribed by the Illinois State Auditing 5 Act, which audit includes an audit of the State Police 6 Services Fund, the Department of State Police shall make the 7 audit open to inspection by any interested person. 8 23. To exercise the powers and perform the duties which 9 have been vested in the Department of State Police by the 10 Intergovernmental Missing Child Recovery Act of 1984, and to 11 establish reasonable rules and regulations necessitated 12 thereby. 13 24. (a) To establish and maintain a statewide Law 14 Enforcement Agencies Data System (LEADS) for the purpose of 15 providing electronic access by authorized entities to 16 criminal justice data repositories and effecting an immediate 17 law enforcement response to reports of missing persons, 18 including lost, missing or runaway minors. The Department 19 shall implement an automatic data exchange system to compile, 20 to maintain and to make available to other law enforcement 21 agencies for immediate dissemination data which can assist 22 appropriate agencies in recovering missing persons and 23 provide access by authorized entities to various data 24 repositories available through LEADS for criminal justice and 25 related purposes. To assist the Department in this effort, 26 funds may be appropriated from the LEADS Maintenance Fund. 27 (b) In exercising its duties under this subsection, the 28 Department shall: 29 (1) provide a uniform reporting format for the 30 entry of pertinent information regarding the report of a 31 missing person into LEADS; 32 (2) develop and implement a policy whereby a 33 statewide or regional alert would be used in situations 34 relating to the disappearances of individuals, based on SB283 Engrossed -36- LRB9101118DHmgA 1 criteria and in a format established by the Department. 2 Such a format shall include, but not be limited to, the 3 age of the missing person and the suspected circumstance 4 of the disappearance; 5 (3) notify all law enforcement agencies that 6 reports of missing persons shall be entered as soon as 7 the minimum level of data specified by the Department is 8 available to the reporting agency, and that no waiting 9 period for the entry of such data exists; 10 (4) compile and retain information regarding lost, 11 abducted, missing or runaway minors in a separate data 12 file, in a manner that allows such information to be used 13 by law enforcement and other agencies deemed appropriate 14 by the Director, for investigative purposes. Such 15 information shall include the disposition of all reported 16 lost, abducted, missing or runaway minor cases; 17 (5) compile and maintain an historic data 18 repository relating to lost, abducted, missing or runaway 19 minors and other missing persons in order to develop and 20 improve techniques utilized by law enforcement agencies 21 when responding to reports of missing persons; and 22 (6) create a quality control program regarding 23 confirmation of missing person data, timeliness of 24 entries of missing person reports into LEADS and 25 performance audits of all entering agencies. 26 25. On request of a school board or regional 27 superintendent of schools, to conduct an inquiry pursuant to 28 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 29 an applicant for employment in a school district has been 30 convicted of any criminal or drug offenses enumerated in 31 Section 10-21.9 or 34-18.5 of the School Code. The 32 Department shall furnish such conviction information to the 33 President of the school board of the school district which 34 has requested the information, or if the information was SB283 Engrossed -37- LRB9101118DHmgA 1 requested by the regional superintendent to that regional 2 superintendent. 3 26. To promulgate rules and regulations necessary for 4 the administration and enforcement of its powers and duties, 5 wherever granted and imposed, pursuant to the Illinois 6 Administrative Procedure Act. 7 27. To (a) promulgate rules pertaining to the 8 certification, revocation of certification and training of 9 law enforcement officers as electronic criminal surveillance 10 officers, (b) provide training and technical assistance to 11 State's Attorneys and local law enforcement agencies 12 pertaining to the interception of private oral 13 communications, (c) promulgate rules necessary for the 14 administration of Article 108B of the Code of Criminal 15 Procedure of 1963, including but not limited to standards for 16 recording and minimization of electronic criminal 17 surveillance intercepts, documentation required to be 18 maintained during an intercept, procedures in relation to 19 evidence developed by an intercept, and (d) charge a 20 reasonable fee to each law enforcement agency that sends 21 officers to receive training as electronic criminal 22 surveillance officers. 23 28. Upon the request of any private organization which 24 devotes a major portion of its time to the provision of 25 recreational, social, educational or child safety services to 26 children, to conduct, pursuant to positive identification, 27 criminal background investigations of all of that 28 organization's current employees, current volunteers, 29 prospective employees or prospective volunteers charged with 30 the care and custody of children during the provision of the 31 organization's services, and to report to the requesting 32 organization any record of convictions maintained in the 33 Department's files about such persons. The Department shall 34 charge an application fee, based on actual costs, for the SB283 Engrossed -38- LRB9101118DHmgA 1 dissemination of conviction information pursuant to this 2 subsection. The Department is empowered to establish this 3 fee and shall prescribe the form and manner for requesting 4 and furnishing conviction information pursuant to this 5 subsection. Information received by the organization from the 6 Department concerning an individual shall be provided to such 7 individual. Any such information obtained by the 8 organization shall be confidential and may not be transmitted 9 outside the organization and may not be transmitted to anyone 10 within the organization except as needed for the purpose of 11 evaluating the individual. Only information and standards 12 which bear a reasonable and rational relation to the 13 performance of child care shall be used by the organization. 14 Any employee of the Department or any member, employee or 15 volunteer of the organization receiving confidential 16 information under this subsection who gives or causes to be 17 given any confidential information concerning any criminal 18 convictions of an individual shall be guilty of a Class A 19 misdemeanor unless release of such information is authorized 20 by this subsection. 21 29. Upon the request of the Department of Children and 22 Family Services, to investigate reports of child abuse or 23 neglect. 24 30. To obtain registration of a fictitious vital record 25 pursuant to Section 15.1 of the Vital Records Act. 26 31. To collect and disseminate information relating to 27 "hate crimes" as defined under Section 12-7.1 of the Criminal 28 Code of 1961 contingent upon the availability of State or 29 Federal funds to revise and upgrade the Illinois Uniform 30 Crime Reporting System. All law enforcement agencies shall 31 report monthly to the Department of State Police concerning 32 such offenses in such form and in such manner as may be 33 prescribed by rules and regulations adopted by the Department 34 of State Police. Such information shall be compiled by the SB283 Engrossed -39- LRB9101118DHmgA 1 Department and be disseminated upon request to any local law 2 enforcement agency, unit of local government, or state 3 agency. Dissemination of such information shall be subject 4 to all confidentiality requirements otherwise imposed by law. 5 The Department of State Police shall provide training for 6 State Police officers in identifying, responding to, and 7 reporting all hate crimes. The Illinois Law Enforcement 8 Training Standards Board shall develop and certify a course 9 of such training to be made available to local law 10 enforcement officers. 11 32. Upon the request of a private carrier company that 12 provides transportation under Section 28b of the Metropolitan 13 Transit Authority Act, to ascertain if an applicant for a 14 driver position has been convicted of any criminal or drug 15 offense enumerated in Section 28b of the Metropolitan Transit 16 Authority Act. The Department shall furnish the conviction 17 information to the private carrier company that requested the 18 information. 19 33. To apply for grants or contracts, receive, expend, 20 allocate, or disburse funds and moneys made available by 21 public or private entities, including, but not limited to, 22 contracts, bequests, grants, or receiving equipment from 23 corporations, foundations, or public or private institutions 24 of higher learning. All funds received by the Department 25 from these sources shall be deposited into the appropriate 26 fund in the State Treasury to be appropriated to the 27 Department for purposes as indicated by the grantor or 28 contractor or, in the case of funds or moneys bequeathed or 29 granted for no specific purpose, for any purpose as deemed 30 appropriate by the Director in administering the 31 responsibilities of the Department. 32 34. Upon the request of the Department of Children and 33 Family Services, the Department of State Police shall provide 34 properly designated employees of the Department of Children SB283 Engrossed -40- LRB9101118DHmgA 1 and Family Services with criminal history record information 2 as defined in the Illinois Uniform Conviction Information Act 3 and information maintained in the Statewide Central Juvenile 4 record system as defined in subdivision (A)19 of this Section 5 if the Department of Children and Family Services determines 6 the information is necessary to perform its duties under the 7 Abused and Neglected Child Reporting Act, the Child Care Act 8 of 1969, and the Children and Family Services Act. The 9 request shall be in the form and manner specified by the 10 Department of State Police. 11 35. The Illinois Department of Public Aid is an 12 authorized entity under this Section for the purpose of 13 exchanging information, in the form and manner required by 14 the Department of State Police,obtaining access to various15data repositories available through LEADS,to facilitate the 16 location of individuals for establishing paternity, and 17 establishing, modifying, and enforcing child support 18 obligations, pursuant to the Illinois Public Aid Code and 19 Title IV, PartSectionD of the Social Security Act.The20Department shall enter into an agreement with the Illinois21Department of Public Aid consistent with these purposes.22 36. Upon request of the Department of Human Services, to 23 conduct an assessment and evaluation of sexually violent 24 persons as mandated by the Sexually Violent Persons 25 Commitment Act, the Department shall furnish criminal history 26 information maintained on the requested person. The request 27 shall be in the form and manner specified by the Department. 28 37. The Illinois Department of Public Aid is an 29 authorized entity under this Section for the purpose of 30 obtaining access to various data repositories available 31 through LEADS, to facilitate the location of individuals for 32 establishing paternity, and establishing, modifying, and 33 enforcing child support obligations, pursuant to the Illinois 34 Public Aid Code and Title IV, Part D of the Social Security SB283 Engrossed -41- LRB9101118DHmgA 1 Act. The Department shall enter into an agreement with the 2 Illinois Department of Public Aid consistent with these 3 purposes. 4 (B) The Department of State Police may establish and 5 maintain, within the Department of State Police, a Statewide 6 Organized Criminal Gang Database (SWORD) for the purpose of 7 tracking organized criminal gangs and their memberships. 8 Information in the database may include, but not be limited 9 to, the name, last known address, birth date, physical 10 descriptions (such as scars, marks, or tattoos), officer 11 safety information, organized gang affiliation, and entering 12 agency identifier. The Department may develop, in 13 consultation with the Criminal Justice Information Authority, 14 and in a form and manner prescribed by the Department, an 15 automated data exchange system to compile, to maintain, and 16 to make this information electronically available to 17 prosecutors and to other law enforcement agencies. The 18 information may be used by authorized agencies to combat the 19 operations of organized criminal gangs statewide. 20 (C) The Department of State Police may ascertain the 21 number of bilingual police officers and other personnel 22 needed to provide services in a language other than English 23 and may establish, under applicable personnel rules and 24 Department guidelines or through a collective bargaining 25 agreement, a bilingual pay supplement program. 26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 29 10-6-98.) 30 (20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1) 31 Sec. 55a-1. The Department of State Police is divided 32 into the Illinois State Police Academy and 45divisions: the 33 Division of OperationsState Troopers, the Division ofSB283 Engrossed -42- LRB9101118DHmgA 1Criminal Investigation, the Division of Forensic Services, 2 the Division of Administration, and the Division of Internal 3 Investigation. 4 (Source: P.A. 90-130, eff. 1-1-98.) 5 (20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2) 6 Sec. 55a-2. The Division of OperationsState Troopers7 shall exercise the following functions and those in Section 8 55a-3: 9 1. to cooperate with federal and State authorities 10 requesting utilization of the Department's radio network 11 system under thethe "Illinois Aeronautics Act", approved12July 24, 1945, as amended; 13 2. to exercise the rights, powers and duties of the 14 State Police under the State Police Act"An Act in relation15to the State Police", approved July 20, 1949, as amended; 16 3. to exercise the rights, powers and duties vested by 17 law in the Department by the State Police Radio Act"An Act18in relation to the establishment and operation of radio19broadcasting stations and the acquisition and installation of20radio receiving sets for police purposes", approved July 7,211931, as amended; 22 4. to exercise the rights, powers and duties of the 23 Department vested by law in the Department and the Illinois 24 State Police byby "the Illinois Vehicle Code", approved25September 29, 1969, as amended; 26 5. to exercise other duties which have been or may be 27 vested by law in the Illinois State Police; and 28 6. to exercise other duties which may be assigned by the 29 Director in order to fulfill the responsibilities and to 30 achieve the purposes of the Department. 31 (Source: P.A. 84-25.) 32 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3) SB283 Engrossed -43- LRB9101118DHmgA 1 Sec. 55a-3. (a) The Division of OperationsCriminal2Investigationshall exercise the following functions and 3 those in Section 55a-2: 4 1. to exercise the rights, powers and duties vested 5 by law in the Department by the Illinois Horse Racing Act 6 of 1975; 7 2. to investigate the origins, activities, 8 personnel and incidents of crime and enforce the criminal 9 laws of this State related thereto; 10 3. to enforce all laws regulating the production, 11 sale, prescribing, manufacturing, administering, 12 transporting, having in possession, dispensing, 13 delivering, distributing, or use of controlled substances 14 and cannabis; 15 4. to cooperate with the police of cities, 16 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; 19 5. to apprehend and deliver up any person charged 20 in this State or any other State with treason, felony, or 21 other crime, who has fled from justice and is found in 22 this State; 23 6. to investigate recipients, providers and any 24 personnel involved in the administration of the Illinois 25 Public Aid Code who are suspected of any violation of 26 such Code pertaining to fraud in the administration, 27 receipt or provision of assistance and pertaining to any 28 violation of criminal law, and to exercise the functions 29 required under Section 55a-7 in the conduct of such 30 investigations; 31 7. to conduct such other investigations as may be 32 provided by law; 33 8. to exercise the powers and perform the duties 34 which have been vested in the Department of State Police SB283 Engrossed -44- LRB9101118DHmgA 1 by the Sex Offender Registration Act and the Sex Offender 2 and Child Murderer Community Notification Law and to 3 promulgate reasonable rules and regulations necessitated 4 thereby; and 5 9. to exercise other duties which may be assigned 6 by the Director in order to fulfill the responsibilities 7 and achieve the purposes of the Department. 8 (b) There isherebyestablished in the Division of 9 OperationsCriminal Investigationthe Office of Coordination 10 of Gang Prevention, hereafter referred to as the Office. 11 The Office shall consult with units of local government 12 and school districts to assist them in gang control 13 activities and to administer a system of grants to units of 14 local government and school districts which, upon 15 application, have demonstrated a workable plan to reduce gang 16 activity in their area. Such grants shall not include 17 reimbursement for personnel nor shall they exceed 75% of the 18 total request by any applicant, and may be calculated on a 19 proportional basis, determined by funds available to the 20 Department for this purpose. The Department shall have the 21 authority to promulgate appropriate rules and regulations to 22 administer this program. 23 Such office shall establish mobile units of trained 24 personnel to respond to gang activities. 25 Such office shall also consult with and use the services 26 of religious leaders and other celebrities to assist in gang 27 control activities. 28 The Office may sponsor seminars, conferences or any other 29 educational activity to assist communities in their gang 30 crime control activities. 31 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462, 32 eff. 6-1-96; 90-193, eff. 7-24-97.) 33 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4) SB283 Engrossed -45- LRB9101118DHmgA 1 Sec. 55a-4. The Division of Forensic Services shall 2 exercise the following functions: 3 1. to exercise the rights, powers and duties vested by 4 law in the Department by the Criminal Identification Act"An5Act in relation to criminal identification and6investigation", approved July 2, 1931, as amended; 7 2. to exercise the rights, powers and duties vested by 8 law in the Department by subsection (5) of Section 55a of 9 this Act; 10 3. to provide assistance to local law enforcement 11 agencies through training, management and consultant 12 services; 13 4. (Blank);to exercise the rights, powers and duties14vested by law in the Department by "An Act relating to the15acquisition, possession and transfer of firearms and firearm16ammunition and to provide a penalty for the violation thereof17and to make an appropriation in connection therewith",18approved August 3, 1967, as amended;19 5. to exercise other duties which may be assigned by the 20 Director in order to fulfill the responsibilities and achieve 21 the purposes of the Department; and 22 6. to establish and operate a forensic science 23 laboratory system, including a forensic toxicological 24 laboratory service, for the purpose of testing specimens 25 submitted by coroners and other law enforcement officers in 26 their efforts to determine whether alcohol, drugs or 27 poisonous or other toxic substances have been involved in 28 deaths, accidents or illness. Forensic toxicological 29 laboratories shall be established in Springfield, Chicago and 30 elsewhere in the State as needed. 31 (Source: P.A. 90-130, eff. 1-1-98.) 32 (20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5) 33 Sec. 55a-5. The Division of Administration shall SB283 Engrossed -46- LRB9101118DHmgA 1 exercise the following functions: 2 1. to exercise the rights, powers and duties vested in 3 the Department by the Bureau of the Budget Act"An Act to4create a Bureau of the Budget and to define its powers and5duties and to make an appropriation", approved April 16,61969, as amended; 7 2. to pursue research and the publication of studies 8 pertaining to local law enforcement activities; 9 3. to exercise the rights, powers and duties vested in 10 the Department by the"Personnel Code", approved July 18,111955, as amended; 12 4. to operate an electronic data processing and computer 13 center for the storage and retrieval of data pertaining to 14 criminal activity; 15 5. to exercise the rights, powers and duties vested in 16 the former Division of State Troopers by Section 17 of the 17 State Police Act"An Act in relation to State Police",18approved July 20, 1949, as amended; 19 6. to exercise the rights, powers and duties vested in 20 the Department by the Fiscal Control and Internal Auditing 21 Act"An Act relating to internal auditing in State22government", approved August 11, 1967, as amended; 23 7. to exercise other duties which may be assigned by the 24 Director to fulfill the responsibilities and achieve the 25 purposes of the Department;.26 8. to exercise the rights, powers, and duties vested in 27 the Department by the Firearm Owners Identification Card Act. 28 29 (Source: P.A. 84-25.) 30 (20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7) 31 Sec. 55a-7. The Department of State Police, through the 32 Division of OperationsCriminal Investigation, shall 33 investigate recipients, providers and any personnel involved SB283 Engrossed -47- LRB9101118DHmgA 1 in the administration of the Illinois Public Aid Code who are 2 suspected of any violations of such Code pertaining to fraud 3 in the administration, receipt or provision of assistance 4 and pertaining to any violation of criminal law. The 5 Department shall, in addition to functions otherwise 6 authorized by State and Federal law, exercise the following 7 functions: 8 1. to initiate investigations of suspected cases of 9 public aid fraud; and 10 2. to investigate cases of public aid fraud. 11 (Source: P.A. 84-25.) 12 (20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8) 13 Sec. 55a-8. The Department of State Police shall: 14 (a) coordinateoperate aState participation in a 15 national central repository for dental records of missing 16 persons and unidentified dead bodies; 17 (b) receive and file dental records submitted by county 18 medical examiners and coroners from unidentified dead bodies 19 and submitted by law enforcement agencies from persons 20 reported missing for more than 30 days; 21 (c) provide information from the file on possible 22 identifications resulting from the comparison of dental 23 records submitted with those records on file, to county 24 medical examiners, coroners, and law enforcement agencies; 25 and 26 (d) expunge the dental records of those missing persons 27 who are found, and expunge from the file the dental records 28 of missing persons who are positively identified as a result 29 of comparisons made with this file, the files maintained by 30 other states, territories, insular possessions of the United 31 States, or the United States. 32 (Source: P.A. 84-1308.) SB283 Engrossed -48- LRB9101118DHmgA 1 Section 35. The Civil Administrative Code of Illinois is 2 amended by changing Section 49.22 as follows: 3 (20 ILCS 2705/49.22) (from Ch. 127, par. 49.22) 4 Sec. 49.22. To administer, exercise and enforce the 5 rights, powers and duties presently vested in the Department 6 of State Police and the Division of OperationsState Troopers7under the"Illinois Vehicle Inspection Law,"in the Illinois 8 Commerce Commission, in the State Board of Education and in 9 the Secretary of State under laws relating to the safety 10 inspection of motor vehicles operated by common carriers, of 11 school buses, and motor vehicles used in the transportation 12 of school children and motor vehicles used in driver training 13 schools for hire licensed under Article IV of "The Illinois 14 Driver Licensing Law", or any other law relating to the 15 safety inspection of motor vehicles of the second division as 16 defined in"the Illinois Vehicle Code". 17 (Source: P.A. 84-25.) 18 Section 40. The State Finance Act is amended by changing 19 Section 8.3 as follows: 20 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) 21 Sec. 8.3. Money in the road fund shall, if and when the 22 State of Illinois incurs any bonded indebtedness for the 23 construction of permanent highways, be set aside and used for 24 the purpose of paying and discharging annually the principal 25 and interest on that bonded indebtedness then due and 26 payable, and for no other purpose. The surplus, if any, in 27 the road fund after the payment of principal and interest on 28 that bonded indebtedness then annually due shall be used as 29 follows: 30 first--to pay the cost of administration of Chapters 31 2 through 10 of the Illinois Vehicle Code, except the SB283 Engrossed -49- LRB9101118DHmgA 1 cost of administration of Articles I and II of Chapter 3 2 of that Code; and 3 secondly--for expenses of the Department of 4 Transportation for construction, reconstruction, 5 improvement, repair, maintenance, operation, and 6 administration of highways in accordance with the 7 provisions of laws relating thereto, or for any purpose 8 related or incident to and connected therewith, including 9 the separation of grades of those highways with railroads 10 and with highways and including the payment of awards 11 made by the Industrial Commission under the terms of the 12 Workers' Compensation Act or Workers' Occupational 13 Diseases Act for injury or death of an employee of the 14 Division of Highways in the Department of Transportation; 15 or for the acquisition of land and the erection of 16 buildings for highway purposes, including the acquisition 17 of highway right-of-way or for investigations to 18 determine the reasonably anticipated future highway 19 needs; or for making of surveys, plans, specifications 20 and estimates for and in the construction and maintenance 21 of flight strips and of highways necessary to provide 22 access to military and naval reservations, to defense 23 industries and defense-industry sites, and to the sources 24 of raw materials and for replacing existing highways and 25 highway connections shut off from general public use at 26 military and naval reservations and defense-industry 27 sites, or for the purchase of right-of-way, except that 28 the State shall be reimbursed in full for any expense 29 incurred in building the flight strips; or for the 30 operating and maintaining of highway garages; or for 31 patrolling and policing the public highways and 32 conserving the peace; or for any of those purposes or any 33 other purpose that may be provided by law. 34 Appropriations for any of those purposes are payable from SB283 Engrossed -50- LRB9101118DHmgA 1 the road fund. Appropriations may also be made from the road 2 fund for the administrative expenses of any State agency that 3 are related to motor vehicles or arise from the use of motor 4 vehicles. 5 Beginning with fiscal year 1980 and thereafter, no road 6 fund monies shall be appropriated to the following 7 Departments or agencies of State government for 8 administration, grants, or operations; but this limitation is 9 not a restriction upon appropriating for those purposes any 10 road fund monies that are eligible for federal reimbursement; 11 1. Department of Public Health; 12 2. Department of Transportation, only with respect 13 to subsidies for one-half fare Student Transportation and 14 Reduced Fare for Elderly; 15 3. Department of Central Management Services, 16 except for expenditures incurred for group insurance 17 premiums of appropriate personnel; 18 4. Judicial Systems and Agencies. 19 Beginning with fiscal year 1981 and thereafter, no road 20 fund monies shall be appropriated to the following 21 Departments or agencies of State government for 22 administration, grants, or operations; but this limitation is 23 not a restriction upon appropriating for those purposes any 24 road fund monies that are eligible for federal reimbursement: 25 1. Department of State Police, except for 26 expenditures with respect to the Division of Operations 27State Troopers; 28 2. Department of Transportation, only with respect 29 to Intercity Rail Subsidies and Rail Freight Services. 30 Beginning with fiscal year 1982 and thereafter, no road 31 fund monies shall be appropriated to the following 32 Departments or agencies of State government for 33 administration, grants, or operations; but this limitation is 34 not a restriction upon appropriating for those purposes any SB283 Engrossed -51- LRB9101118DHmgA 1 road fund monies that are eligible for federal reimbursement: 2 Department of Central Management Services, except for awards 3 made by the Industrial Commission under the terms of the 4 Workers' Compensation Act or Workers' Occupational Diseases 5 Act for injury or death of an employee of the Division of 6 Highways in the Department of Transportation. 7 Beginning with fiscal year 1984 and thereafter, no road 8 fund monies shall be appropriated to the following 9 Departments or agencies of State government for 10 administration, grants, or operations; but this limitation is 11 not a restriction upon appropriating for those purposes any 12 road fund monies that are eligible for federal reimbursement: 13 1. Department of State Police, except not more than 14 40% of the funds appropriated for the Division of 15 OperationsState Troopers; 16 2. State Officers. 17 Beginning with fiscal year 1984 and thereafter, no road 18 fund monies shall be appropriated to any Department or agency 19 of State government for administration, grants, or operations 20 except as provided hereafter; but this limitation is not a 21 restriction upon appropriating for those purposes any road 22 fund monies that are eligible for federal reimbursement. It 23 shall not be lawful to circumvent the above appropriation 24 limitations by governmental reorganization or other methods. 25 Appropriations shall be made from the road fund only in 26 accordance with the provisions of this Section. 27 Money in the road fund shall, if and when the State of 28 Illinois incurs any bonded indebtedness for the construction 29 of permanent highways, be set aside and used for the purpose 30 of paying and discharging during each fiscal year the 31 principal and interest on that bonded indebtedness as it 32 becomes due and payable as provided in the Transportation 33 Bond Act, and for no other purpose. The surplus, if any, in 34 the road fund after the payment of principal and interest on SB283 Engrossed -52- LRB9101118DHmgA 1 that bonded indebtedness then annually due shall be used as 2 follows: 3 first--to pay the cost of administration of Chapters 4 2 through 10 of the Illinois Vehicle Code; and 5 secondly--no road fund monies derived from fees, 6 excises, or license taxes relating to registration, 7 operation and use of vehicles on public highways or to 8 fuels used for the propulsion of those vehicles, shall be 9 appropriated or expended other than for costs of 10 administering the laws imposing those fees, excises, and 11 license taxes, statutory refunds and adjustments allowed 12 thereunder, administrative costs of the Department of 13 Transportation, payment of debts and liabilities incurred 14 in construction and reconstruction of public highways and 15 bridges, acquisition of rights-of-way for and the cost of 16 construction, reconstruction, maintenance, repair, and 17 operation of public highways and bridges under the 18 direction and supervision of the State, political 19 subdivision, or municipality collecting those monies, and 20 the costs for patrolling and policing the public highways 21 (by State, political subdivision, or municipality 22 collecting that money) for enforcement of traffic laws. 23 The separation of grades of such highways with railroads 24 and costs associated with protection of at-grade highway 25 and railroad crossing shall also be permissible. 26 Appropriations for any of such purposes are payable from 27 the road fund or the Grade Crossing Protection Fund as 28 provided in Section 8 of the Motor Fuel Tax Law. 29 Beginning with fiscal year 1991 and thereafter, no Road 30 Fund monies shall be appropriated to the Department of State 31 Police for the purposes of this Section in excess of its 32 total fiscal year 1990 Road Fund appropriations for those 33 purposes unless otherwise provided in Section 5g of this Act. 34 It shall not be lawful to circumvent this limitation on SB283 Engrossed -53- LRB9101118DHmgA 1 appropriations by governmental reorganization or other 2 methods unless otherwise provided in Section 5g of this Act. 3 In fiscal year 1994, no Road Fund monies shall be 4 appropriated to the Secretary of State for the purposes of 5 this Section in excess of the total fiscal year 1991 Road 6 Fund appropriations to the Secretary of State for those 7 purposes, plus $9,800,000. It shall not be lawful to 8 circumvent this limitation on appropriations by governmental 9 reorganization or other method. 10 Beginning with fiscal year 1995 and thereafter, no Road 11 Fund monies shall be appropriated to the Secretary of State 12 for the purposes of this Section in excess of the total 13 fiscal year 1994 Road Fund appropriations to the Secretary of 14 State for those purposes. It shall not be lawful to 15 circumvent this limitation on appropriations by governmental 16 reorganization or other methods. 17 No new program may be initiated in fiscal year 1991 and 18 thereafter that is not consistent with the limitations 19 imposed by this Section for fiscal year 1984 and thereafter, 20 insofar as appropriation of road fund monies is concerned. 21 Nothing in this Section prohibits transfers from the Road 22 Fund to the State Construction Account Fund under Section 5e 23 of this Act. 24 (Source: P.A. 87-774; 87-1228; 88-78.) 25 Section 45. The Anti-Pollution Bond Act is amended by 26 changing Section 4a as follows: 27 (30 ILCS 405/4a) (from Ch. 127, par. 454a) 28 Sec. 4a. The Environmental Protection Agency shall 29 distribute grants, subject to appropriation by the General 30 Assembly, and in accordance with Section 4 of this Act and in 31 accordance with a list of health hazards formulated by the 32 Department of Public Health, for planning, financing and SB283 Engrossed -54- LRB9101118DHmgA 1 construction of municipal sewage treatment works in areas 2 where an actual or potential severe health hazard exists 3 because of a lack of adequate municipal sewage treatment 4 works. 5By October 1 of each year, the Director of the Department6of Public Health shall comprise and submit to the Director of7the Environmental Protection Agency a list of areas in this8State where a health hazard exists because of inadequate9sewage treatment facilities. The Director of Public Health10shall rank the areas listed according to the seriousness of11the health hazard.12 (Source: P.A. 81-1111.) 13 Section 50. The Illinois Pension Code is amended by 14 changing Sections 14-110 and 15-181 as follows: 15 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) 16 Sec. 14-110. Alternative retirement annuity. 17 (a) Any member who has withdrawn from service with not 18 less than 20 years of eligible creditable service and has 19 attained age 55, and any member who has withdrawn from 20 service with not less than 25 years of eligible creditable 21 service and has attained age 50, regardless of whether the 22 attainment of either of the specified ages occurs while the 23 member is still in service, shall be entitled to receive at 24 the option of the member, in lieu of the regular or minimum 25 retirement annuity, a retirement annuity computed as 26 follows: 27 (i) for periods of service as a noncovered 28 employee, 2 1/4% of final average compensation for each 29 of the first 10 years of creditable service, 2 1/2% for 30 each year above 10 years to and including 20 years of 31 creditable service, and 2 3/4% for each year of 32 creditable service above 20 years; and SB283 Engrossed -55- LRB9101118DHmgA 1 (ii) for periods of eligible creditable service as 2 a covered employee, 1.67% of final average compensation 3 for each of the first 10 years of such service, 1.90% for 4 each of the next 10 years of such service, 2.10% for each 5 year of such service in excess of 20 but not exceeding 6 30, and 2.30% for each year in excess of 30. 7 Such annuity shall be subject to a maximum of 75% of 8 final average compensation. These rates shall not be 9 applicable to any service performed by a member as a covered 10 employee which is not eligible creditable service. Service 11 as a covered employee which is not eligible creditable 12 service shall be subject to the rates and provisions of 13 Section 14-108. 14 (b) For the purpose of this Section, "eligible 15 creditable service" means creditable service resulting from 16 service in one or more of the following positions: 17 (1) State policeman; 18 (2) fire fighter in the fire protection service of 19 a department; 20 (3) air pilot; 21 (4) special agent; 22 (5) investigator for the Secretary of State; 23 (6) conservation police officer; 24 (7) investigator for the Department of Revenue; 25 (8) security employee of the Department of Human 26 Services; 27 (9) Central Management Services security police 28 officer; 29 (10) security employee of the Department of 30 Corrections; 31 (11) dangerous drugs investigator; 32 (12) investigator for the Department of State 33 Police; 34 (13) investigator for the Office of the Attorney SB283 Engrossed -56- LRB9101118DHmgA 1 General; 2 (14) controlled substance inspector; 3 (15) investigator for the Office of the State's 4 Attorneys Appellate Prosecutor; 5 (16) Commerce Commission police officer; 6 (17) arson investigator. 7 A person employed in one of the positions specified in 8 this subsection is entitled to eligible creditable service 9 for service credit earned under this Article while undergoing 10 the basic police training course approved by the Illinois 11Local GovernmentalLaw EnforcementOfficersTraining 12 Standards Board, if completion of that training is required 13 of persons serving in that position. For the purposes of 14 this Code, service during the required basic police training 15 course shall be deemed performance of the duties of the 16 specified position, even though the person is not a sworn 17 peace officer at the time of the training. 18 (c) For the purposes of this Section: 19 (1) The term "state policeman" includes any title 20 or position in the Department of State Police that is 21 held by an individual employed under the State Police 22 Act. 23 (2) The term "fire fighter in the fire protection 24 service of a department" includes all officers in such 25 fire protection service including fire chiefs and 26 assistant fire chiefs. 27 (3) The term "air pilot" includes any employee 28 whose official job description on file in the Department 29 of Central Management Services, or in the department by 30 which he is employed if that department is not covered by 31 the Personnel Code, states that his principal duty is the 32 operation of aircraft, and who possesses a pilot's 33 license; however, the change in this definition made by 34 this amendatory Act of 1983 shall not operate to exclude SB283 Engrossed -57- LRB9101118DHmgA 1 any noncovered employee who was an "air pilot" for the 2 purposes of this Section on January 1, 1984. 3 (4) The term "special agent" means any person who 4 by reason of employment by the Division of Narcotic 5 Control, the Bureau of Investigation or, after July 1, 6 1977, the Division of Criminal Investigation, the 7 Division of Internal Investigation, the Division of 8 Operations, or any other Division or organizational 9 entity in the Department of State Police is vested by law 10 with duties to maintain public order, investigate 11 violations of the criminal law of this State, enforce the 12 laws of this State, make arrests and recover property. 13 The term "special agent" includes any title or position 14 in the Department of State Police that is held by an 15 individual employed under the State Police Act. 16 (5) The term "investigator for the Secretary of 17 State" means any person employed by the Office of the 18 Secretary of State and vested with such investigative 19 duties as render him ineligible for coverage under the 20 Social Security Act by reason of Sections 218(d)(5)(A), 21 218(d)(8)(D) and 218(l)(1) of that Act. 22 A person who became employed as an investigator for 23 the Secretary of State between January 1, 1967 and 24 December 31, 1975, and who has served as such until 25 attainment of age 60, either continuously or with a 26 single break .n service of not more than 3 years 27 duration, which break terminated before January 1, 1976, 28 shall be entitled to have his retirement annuity 29 calculated in accordance with subsection (a), 30 notwithstanding that he has less than 20 years of credit 31 for such service. 32 (6) The term "Conservation Police Officer" means 33 any person employed by the Division of Law Enforcement of 34 the Department of Natural Resources and vested with such SB283 Engrossed -58- LRB9101118DHmgA 1 law enforcement duties as render him ineligible for 2 coverage under the Social Security Act by reason of 3 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of 4 that Act. The term "Conservation Police Officer" 5 includes the positions of Chief Conservation Police 6 Administrator and Assistant Conservation Police 7 Administrator. 8 (7) The term "investigator for the Department of 9 Revenue" means any person employed by the Department of 10 Revenue and vested with such investigative duties as 11 render him ineligible for coverage under the Social 12 Security Act by reason of Sections 218(d)(5)(A), 13 218(d)(8)(D) and 218(l)(1) of that Act. 14 (8) The term "security employee of the Department 15 of Human Services" means any person employed by the 16 Department of Human Services who is employed at the 17 Chester Mental Health Center and has daily contact with 18 the residents thereof, or who is a mental health police 19 officer. "Mental health police officer" means any person 20 employed by the Department of Human Services in a 21 position pertaining to the Department's mental health and 22 developmental disabilities functions who is vested with 23 such law enforcement duties as render the person 24 ineligible for coverage under the Social Security Act by 25 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 26 218(l)(1) of that Act. 27 (9) "Central Management Services security police 28 officer" means any person employed by the Department of 29 Central Management Services who is vested with such law 30 enforcement duties as render him ineligible for coverage 31 under the Social Security Act by reason of Sections 32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 33 (10) The term "security employee of the Department 34 of Corrections" means any employee of the Department of SB283 Engrossed -59- LRB9101118DHmgA 1 Corrections or the former Department of Personnel, and 2 any member or employee of the Prisoner Review Board, who 3 has daily contact with inmates by working within a 4 correctional facility or who is a parole officer or an 5 employee who has direct contact with committed persons in 6 the performance of his or her job duties. 7 (11) The term "dangerous drugs investigator" means 8 any person who is employed as such by the Department of 9 Human Services. 10 (12) The term "investigator for the Department of 11 State Police" means a person employed by the Department 12 of State Police who is vested under Section 4 of the 13 Narcotic Control Division Abolition Act with such law 14 enforcement powers as render him ineligible for coverage 15 under the Social Security Act by reason of Sections 16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 17 (13) "Investigator for the Office of the Attorney 18 General" means any person who is employed as such by the 19 Office of the Attorney General and is vested with such 20 investigative duties as render him ineligible for 21 coverage under the Social Security Act by reason of 22 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that 23 Act. For the period before January 1, 1989, the term 24 includes all persons who were employed as investigators 25 by the Office of the Attorney General, without regard to 26 social security status. 27 (14) "Controlled substance inspector" means any 28 person who is employed as such by the Department of 29 Professional Regulation and is vested with such law 30 enforcement duties as render him ineligible for coverage 31 under the Social Security Act by reason of Sections 32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 33 The term "controlled substance inspector" includes the 34 Program Executive of Enforcement and the Assistant SB283 Engrossed -60- LRB9101118DHmgA 1 Program Executive of Enforcement. 2 (15) The term "investigator for the Office of the 3 State's Attorneys Appellate Prosecutor" means a person 4 employed in that capacity on a full time basis under the 5 authority of Section 7.06 of the State's Attorneys 6 Appellate Prosecutor's Act. 7 (16) "Commerce Commission police officer" means any 8 person employed by the Illinois Commerce Commission who 9 is vested with such law enforcement duties as render him 10 ineligible for coverage under the Social Security Act by 11 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 12 218(l)(1) of that Act. 13 (17) "Arson investigator" means any person who is 14 employed as such by the Office of the State Fire Marshal 15 and is vested with such law enforcement duties as render 16 the person ineligible for coverage under the Social 17 Security Act by reason of Sections 218(d)(5)(A), 18 218(d)(8)(D), and 218(l)(1) of that Act. A person who 19 was employed as an arson investigator on January 1, 1995 20 and is no longer in service but not yet receiving a 21 retirement annuity may convert his or her creditable 22 service for employment as an arson investigator into 23 eligible creditable service by paying to the System the 24 difference between the employee contributions actually 25 paid for that service and the amounts that would have 26 been contributed if the applicant were contributing at 27 the rate applicable to persons with the same social 28 security status earning eligible creditable service on 29 the date of application. 30 (d) A security employee of the Department of 31 Corrections, and a security employee of the Department of 32 Human Services who is not a mental health police officer, 33 shall not be eligible for the alternative retirement annuity 34 provided by this Section unless he or she meets the following SB283 Engrossed -61- LRB9101118DHmgA 1 minimum age and service requirements at the time of 2 retirement: 3 (i) 25 years of eligible creditable service and age 4 55; or 5 (ii) beginning January 1, 1987, 25 years of 6 eligible creditable service and age 54, or 24 years of 7 eligible creditable service and age 55; or 8 (iii) beginning January 1, 1988, 25 years of 9 eligible creditable service and age 53, or 23 years of 10 eligible creditable service and age 55; or 11 (iv) beginning January 1, 1989, 25 years of 12 eligible creditable service and age 52, or 22 years of 13 eligible creditable service and age 55; or 14 (v) beginning January 1, 1990, 25 years of eligible 15 creditable service and age 51, or 21 years of eligible 16 creditable service and age 55; or 17 (vi) beginning January 1, 1991, 25 years of 18 eligible creditable service and age 50, or 20 years of 19 eligible creditable service and age 55. 20 Persons who have service credit under Article 16 of this 21 Code for service as a security employee of the Department of 22 Corrections in a position requiring certification as a 23 teacher may count such service toward establishing their 24 eligibility under the service requirements of this Section; 25 but such service may be used only for establishing such 26 eligibility, and not for the purpose of increasing or 27 calculating any benefit. 28 (e) If a member enters military service while working in 29 a position in which eligible creditable service may be 30 earned, and returns to State service in the same or another 31 such position, and fulfills in all other respects the 32 conditions prescribed in this Article for credit for military 33 service, such military service shall be credited as eligible 34 creditable service for the purposes of the retirement annuity SB283 Engrossed -62- LRB9101118DHmgA 1 prescribed in this Section. 2 (f) For purposes of calculating retirement annuities 3 under this Section, periods of service rendered after 4 December 31, 1968 and before October 1, 1975 as a covered 5 employee in the position of special agent, conservation 6 police officer, mental health police officer, or investigator 7 for the Secretary of State, shall be deemed to have been 8 service as a noncovered employee, provided that the employee 9 pays to the System prior to retirement an amount equal to (1) 10 the difference between the employee contributions that would 11 have been required for such service as a noncovered employee, 12 and the amount of employee contributions actually paid, plus 13 (2) if payment is made after July 31, 1987, regular interest 14 on the amount specified in item (1) from the date of service 15 to the date of payment. 16 For purposes of calculating retirement annuities under 17 this Section, periods of service rendered after December 31, 18 1968 and before January 1, 1982 as a covered employee in the 19 position of investigator for the Department of Revenue shall 20 be deemed to have been service as a noncovered employee, 21 provided that the employee pays to the System prior to 22 retirement an amount equal to (1) the difference between the 23 employee contributions that would have been required for such 24 service as a noncovered employee, and the amount of employee 25 contributions actually paid, plus (2) if payment is made 26 after January 1, 1990, regular interest on the amount 27 specified in item (1) from the date of service to the date of 28 payment. 29 (g) A State policeman may elect, not later than January 30 1, 1990, to establish eligible creditable service for up to 31 10 years of his service as a policeman under Article 3, by 32 filing a written election with the Board, accompanied by 33 payment of an amount to be determined by the Board, equal to 34 (i) the difference between the amount of employee and SB283 Engrossed -63- LRB9101118DHmgA 1 employer contributions transferred to the System under 2 Section 3-110.5, and the amounts that would have been 3 contributed had such contributions been made at the rates 4 applicable to State policemen, plus (ii) interest thereon at 5 the effective rate for each year, compounded annually, from 6 the date of service to the date of payment. 7 Subject to the limitation in subsection (i), a State 8 policeman may elect, not later than July 1, 1993, to 9 establish eligible creditable service for up to 10 years of 10 his service as a member of the County Police Department under 11 Article 9, by filing a written election with the Board, 12 accompanied by payment of an amount to be determined by the 13 Board, equal to (i) the difference between the amount of 14 employee and employer contributions transferred to the System 15 under Section 9-121.10 and the amounts that would have been 16 contributed had those contributions been made at the rates 17 applicable to State policemen, plus (ii) interest thereon at 18 the effective rate for each year, compounded annually, from 19 the date of service to the date of payment. 20 (h) Subject to the limitation in subsection (i), a State 21 policeman or investigator for the Secretary of State may 22 elect to establish eligible creditable service for up to 12 23 years of his service as a policeman under Article 5, by 24 filing a written election with the Board on or before January 25 31, 1992, and paying to the System by January 31, 1994 an 26 amount to be determined by the Board, equal to (i) the 27 difference between the amount of employee and employer 28 contributions transferred to the System under Section 5-236, 29 and the amounts that would have been contributed had such 30 contributions been made at the rates applicable to State 31 policemen, plus (ii) interest thereon at the effective rate 32 for each year, compounded annually, from the date of service 33 to the date of payment. 34 Subject to the limitation in subsection (i), a State SB283 Engrossed -64- LRB9101118DHmgA 1 policeman, conservation police officer, or investigator for 2 the Secretary of State may elect to establish eligible 3 creditable service for up to 10 years of service as a 4 sheriff's law enforcement employee under Article 7, by filing 5 a written election with the Board on or before January 31, 6 1993, and paying to the System by January 31, 1994 an amount 7 to be determined by the Board, equal to (i) the difference 8 between the amount of employee and employer contributions 9 transferred to the System under Section 7-139.7, and the 10 amounts that would have been contributed had such 11 contributions been made at the rates applicable to State 12 policemen, plus (ii) interest thereon at the effective rate 13 for each year, compounded annually, from the date of service 14 to the date of payment. 15 (i) The total amount of eligible creditable service 16 established by any person under subsections (g), (h), (j), 17 (k), and (l) of this Section shall not exceed 12 years. 18 (j) Subject to the limitation in subsection (i), an 19 investigator for the Office of the State's Attorneys 20 Appellate Prosecutor or a controlled substance inspector may 21 elect to establish eligible creditable service for up to 10 22 years of his service as a policeman under Article 3 or a 23 sheriff's law enforcement employee under Article 7, by filing 24 a written election with the Board, accompanied by payment of 25 an amount to be determined by the Board, equal to (1) the 26 difference between the amount of employee and employer 27 contributions transferred to the System under Section 3-110.6 28 or 7-139.8, and the amounts that would have been contributed 29 had such contributions been made at the rates applicable to 30 State policemen, plus (2) interest thereon at the effective 31 rate for each year, compounded annually, from the date of 32 service to the date of payment. 33 (k) Subject to the limitation in subsection (i) of this 34 Section, an alternative formula employee may elect to SB283 Engrossed -65- LRB9101118DHmgA 1 establish eligible creditable service for periods spent as a 2 full-time law enforcement officer or full-time corrections 3 officer employed by the federal government or by a state or 4 local government located outside of Illinois, for which 5 credit is not held in any other public employee pension fund 6 or retirement system. To obtain this credit, the applicant 7 must file a written application with the Board by March 31, 8 1998, accompanied by evidence of eligibility acceptable to 9 the Board and payment of an amount to be determined by the 10 Board, equal to (1) employee contributions for the credit 11 being established, based upon the applicant's salary on the 12 first day as an alternative formula employee after the 13 employment for which credit is being established and the 14 rates then applicable to alternative formula employees, plus 15 (2) an amount determined by the Board to be the employer's 16 normal cost of the benefits accrued for the credit being 17 established, plus (3) regular interest on the amounts in 18 items (1) and (2) from the first day as an alternative 19 formula employee after the employment for which credit is 20 being established to the date of payment. 21 (l) Subject to the limitation in subsection (i), a 22 security employee of the Department of Corrections may elect, 23 not later than July 1, 1998, to establish eligible creditable 24 service for up to 10 years of his or her service as a 25 policeman under Article 3, by filing a written election with 26 the Board, accompanied by payment of an amount to be 27 determined by the Board, equal to (i) the difference between 28 the amount of employee and employer contributions transferred 29 to the System under Section 3-110.5, and the amounts that 30 would have been contributed had such contributions been made 31 at the rates applicable to security employees of the 32 Department of Corrections, plus (ii) interest thereon at the 33 effective rate for each year, compounded annually, from the 34 date of service to the date of payment. SB283 Engrossed -66- LRB9101118DHmgA 1 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96; 2 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.) 3 (40 ILCS 5/15-181) (from Ch. 108 1/2, par. 15-181) 4 Sec. 15-181. Duties of employers. 5 (a) Each employer, in preparing payroll vouchers for 6 participating employees, shall indicate, in addition to other 7 information: (1) the amount of employee contributions and 8 survivors insurance contributions required under Section 9 15-157, (2) the gross earnings payable to each employee, and 10 (3) the total of all contributions required under Section 11 15-157.An additional certified copy of each payroll12certified by each employer shall be forwarded along with the13original payroll to the Director of Central Management14Services, State Comptroller, and other officer receiving the15original certified payroll for transmittal to the board.16 (b) Each employer, in drawing warrants or checks against 17 trust or federal funds for items of salary on payroll 18 vouchers certified by employers, shall draw such warrants or 19 checks to participating employees for the amount of cash 20 salary or wages specified for the period, and shall draw a 21 warrant or check to this system for the total of the 22 contributions required under Section 15-157. The warrant or 23 check drawn to this system, together with the additional copy 24 of the payroll supplied by the employer, shall be transmitted 25 immediately to the board. 26 (c) The City of Champaign and the City of Urbana, as 27 employers of persons who participate in this System pursuant 28 to subsection (h) of Section 15-107, shall each collect and 29 transmit to the System from each payroll the employee 30 contributions required under Section 15-157, together with 31 such payroll documentation as the Board may require, at the 32 time that the payroll is paid. 33 (Source: P.A. 90-576, eff. 3-31-98.) SB283 Engrossed -67- LRB9101118DHmgA 1 Section 55. The School Code is amended by changing 2 Section 27-9 as follows: 3 (105 ILCS 5/27-9) (from Ch. 122, par. 27-9) 4 Sec. 27-9. Training teachers to teach physical education. 5 The curriculum in all State universities shall contain 6 courses in methods and materials of physical education and 7 training for teachers.No student or elementary school8teacher shall be graduated from such a university who has not9had a minimum of 1 course in methods and materials in the10teaching of physical education and training.11 (Source: Laws 1961, p. 31.) 12 Section 60. The Higher Education Student Assistance Act 13 is amended by adding Section 73 as follows: 14 (110 ILCS 947/73 new) 15 Sec. 73. Search service fees. The Illinois Student 16 Assistance Commission may charge a reasonable fee not 17 exceeding $10 for any student for administration of its 18 scholarship and grant search service. All fees received by 19 the Commission for the performance of those services and 20 activities shall be deposited upon receipt into the Illinois 21 Student Assistance Commission Higher EdNet Fund in the State 22 Treasury. 23 Section 65. The Recycled Newsprint Use Act is amended by 24 changing Section 2004 as follows: 25 (415 ILCS 110/2004) (from Ch. 96 1/2, par. 9754) 26 Sec. 2004. Consumer usage certification. Each consumer 27 of newsprint within the State shall, on or before March 1 of 28 each year, certify to the Department the amount in tons of 29 every type of newsprint used by the consumer of newsprint the SB283 Engrossed -68- LRB9101118DHmgA 1 previous year and the percentage of recycled fibers present 2 in each type of newsprint, so that the Department can 3 calculate the recycled fiber usage for that consumer of 4 newsprint. All Illinois consumers of newsprint shall submit 5 the first consumer usage certificate by March 1, 1992, for 6 the calendar year 1991.The Department shall submit to the7General Assembly a report compiling the data contained in the8consumer usage certificates no later than May 1 of each year.9Only consumers of newsprint who provide timely usage 10 certificates shall receive credit for recycled fiber usage. 11 (Source: P.A. 86-1443.) 12 Section 70. The Illinois Fertilizer Act of 1961 is 13 amended by changing Section 6b as follows: 14 (505 ILCS 80/6b) (from Ch. 5, par. 55.6b) 15 Sec. 6b. The amount annually deposited in the Fertilizer 16 Control Fund shall be appropriated for the operation of the 17 Fertilizer Research and Education Program. These moneysThe18monies appropriated to the Departmentshall be used for 19 expenses consistent with carrying out the purpose and intent 20 of the program, which include council expenses, peer review, 21 and contractsgrantsto persons for research or education 22 projects and costs associated with general operating 23 expenses, such as administrative support, travel, 24 commodities, and printing. The Department shall receivebe25entitled to apply up to3% of the annual amount deposited in 26 the Fertilizer Control Fundfor operating expenses. 27 (Source: P.A. 86-232; 87-14.) 28 Section 75. The Whistleblower Reward and Protection Act 29 is amended by changing Section 2 as follows: 30 (740 ILCS 175/2) (from Ch. 127, par. 4102) SB283 Engrossed -69- LRB9101118DHmgA 1 Sec. 2. Definitions. As used in this Act: 2 (a) "State" means the State of Illinois; any agency of 3 State government; and any of the following entities which may 4 elect to adopt the provisions of this Act by ordinance or 5 resolution, a copy of which shall be filed with the Attorney 6 General within 30 days of its adoption: the system of State 7 colleges and universities, any school district, any public 8 community college district, any municipality, municipal 9 corporations, units of local government, and any combination 10 of the above under an intergovernmental agreement that 11 includes provisions for a governing body of the agency 12 created by the agreement. 13 (b) "Guard" means the Illinois National Guard. 14 (c) "Investigation" means any inquiry conducted by any 15 investigator for the purpose of ascertaining whether any 16 person is or has been engaged in any violation of this Act. 17 (d) "Investigator" means a person who is charged by the 18 Department of State Police with the duty of conducting any 19 investigation under this Act, or any officer or employee of 20 the State acting under the direction and supervision of the 21 Department of State Police, through the Division of 22 OperationsCriminal Investigationor the Division of Internal 23 Investigation, in the course ofwithan investigation. 24 (e) "Documentary material" includes the original or any 25 copy of any book, record, report, memorandum, paper, 26 communication, tabulation, chart, or other document, or data 27 compilations stored in or accessible through computer or 28 other information retrieval systems, together with 29 instructions and all other materials necessary to use or 30 interpret such data compilations, and any product of 31 discovery. 32 (f) "Custodian" means the custodian, or any deputy 33 custodian, designated by the Attorney General under 34 subsection (i)(1) of Section 6. SB283 Engrossed -70- LRB9101118DHmgA 1 (g) "Product of discovery" includes: 2 (1) the original or duplicate of any deposition, 3 interrogatory, document, thing, result of the inspection 4 of land or other property, examination, or admission, 5 which is obtained by any method of discovery in any 6 judicial or administrative proceeding of an adversarial 7 nature; 8 (2) any digest, analysis, selection, compilation, 9 or derivation of any item listed in paragraph (1); and 10 (3) any index or other manner of access to any item 11 listed in paragraph (1). 12 (Source: P.A. 89-260, eff. 1-1-96.) 13 (20 ILCS 2310/55.20 rep.) 14 (20 ILCS 2310/55.36 rep.) 15 (20 ILCS 2310/55.73 rep.) 16 Section 80. The Civil Administrative Code of Illinois is 17 amended by repealing Sections 55.20, 55.36, and 55.73. 18 (110 ILCS 915/9 rep.) 19 Section 85. The Baccalaureate Assistance Law for 20 Registered Nurses is amended by repealing Section 9. 21 (110 ILCS 925/4.03b rep.) 22 Section 90. The Dental Student Grant Act is amended by 23 repealing Section 4.03b. 24 (210 ILCS 85/6.05 rep.) 25 (210 ILCS 85/9.1 rep.) 26 Section 95. The Hospital Licensing Act is amended by 27 repealing Sections 6.05 and 9.1. 28 Section 995. No acceleration or delay. Where this Act 29 makes changes in a statute that is represented in this Act by SB283 Engrossed -71- LRB9101118DHmgA 1 text that is not yet or no longer in effect (for example, a 2 Section represented by multiple versions), the use of that 3 text does not accelerate or delay the taking effect of (i) 4 the changes made by this Act or (ii) provisions derived from 5 any other Public Act. 6 Section 999. Effective date. This Act takes effect 7 January 1, 2000. SB283 Engrossed -72- LRB9101118DHmgA 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 105/8.01 from Ch. 23, par. 6108.01 4 20 ILCS 605/46.37 from Ch. 127, par. 46.37 5 20 ILCS 609/2 6 20 ILCS 1110/6 from Ch. 96 1/2, par. 4106 7 20 ILCS 2405/3 from Ch. 23, par. 3434 8 20 ILCS 2605/55a from Ch. 127, par. 55a 9 20 ILCS 2605/55a-1 from Ch. 127, par. 55a-1 10 20 ILCS 2605/55a-2 from Ch. 127, par. 55a-2 11 20 ILCS 2605/55a-3 from Ch. 127, par. 55a-3 12 20 ILCS 2605/55a-4 from Ch. 127, par. 55a-4 13 20 ILCS 2605/55a-5 from Ch. 127, par. 55a-5 14 20 ILCS 2605/55a-7 from Ch. 127, par. 55a-7 15 20 ILCS 2605/55a-8 from Ch. 127, par. 55a-8 16 20 ILCS 2705/49.22 from Ch. 127, par. 49.22 17 30 ILCS 105/8.3 from Ch. 127, par. 144.3 18 30 ILCS 405/4a from Ch. 127, par. 454a 19 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 20 40 ILCS 5/15-181 from Ch. 108 1/2, par. 15-181 21 105 ILCS 5/27-9 from Ch. 122, par. 27-9 22 110 ILCS 947/73 new 23 415 ILCS 110/2004 from Ch. 96 1/2, par. 9754 24 505 ILCS 80/6b from Ch. 5, par. 55.6b 25 740 ILCS 175/2 from Ch. 127, par. 4102 26 20 ILCS 2310/55.20 rep. 27 20 ILCS 2310/55.36 rep. 28 20 ILCS 2310/55.73 rep. 29 110 ILCS 915/9 rep. 30 110 ILCS 925/4.03b rep. 31 210 ILCS 85/6.05 rep. 32 210 ILCS 85/9.1 rep.