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91_HB1383ren HB1383 Re-Enrolled LRB9103127MWgc 1 AN ACT concerning wireless 9-1-1 service. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Wireless Emergency Telephone Safety Act. 6 Section 5. Purpose. The General Assembly finds and 7 declares it is in the public interest to promote the use of 8 wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service 9 in order to save lives and protect the property of the 10 citizens of the State of Illinois. 11 Wireless carriers are required by the Federal 12 Communications Commission (FCC) to provide E9-1-1 service in 13 the form of automatic location identification and automatic 14 number identification pursuant to policies set forth by the 15 FCC. 16 Public safety agencies and wireless carriers are 17 encouraged to work together to provide emergency access to 18 wireless 9-1-1 and wireless E9-1-1 service. Public safety 19 agencies and wireless carriers operating wireless 9-1-1 and 20 wireless E9-1-1 systems require adequate funding to recover 21 the costs of designing, purchasing, installing, testing, and 22 operating enhanced facilities, systems, and services 23 necessary to comply with the wireless E9-1-1 requirements 24 mandated by the Federal Communications Commission and to 25 maximize the availability of wireless E9-1-1 services 26 throughout the State of Illinois. 27 The revenues generated by the wireless carrier surcharge 28 enacted by this Act are required to fund the efforts of the 29 wireless carriers, emergency telephone system boards, 30 qualified governmental entities, and the Department of State 31 Police to improve the public health, safety, and welfare and HB1383 Re-Enrolled -2- LRB9103127MWgc 1 to serve a public purpose by providing emergency telephone 2 assistance through wireless communications. 3 It is the intent of the General Assembly to: 4 (1) establish and implement a cohesive statewide 5 emergency telephone number that will provide wireless 6 telephone users with rapid direct access to public safety 7 agencies by dialing the telephone number 9-1-1; 8 (2) encourage wireless carriers and public safety 9 agencies to provide E9-1-1 services that will assist 10 public safety agencies in determining the caller's 11 approximate location and wireless telephone number; 12 (3) grant authority to public safety agencies not 13 already in possession of the authority to finance the 14 cost of installing and operating wireless 9-1-1 systems 15 and reimbursing wireless carriers for costs incurred to 16 provide wireless E9-1-1 services; and 17 (4) provide for a reasonable fee on wireless 18 telephone service subscribers to accomplish these 19 purposes. 20 Section 10. Definitions. In this Act: 21 "Emergency telephone system board" means a board 22 appointed by the corporate authorities of any county or 23 municipality that provides for the management and operation 24 of a 9-1-1 system within the scope of the duties and powers 25 prescribed by the Emergency Telephone System Act. 26 "Master street address guide" means the computerized 27 geographical database that consists of all street and address 28 data within a 9-1-1 system. 29 "Public safety agency" means a functional division of a 30 public agency that provides fire fighting, police, medical, 31 or other emergency services. For the purpose of providing 32 wireless service to users of 9-1-1 emergency services, as 33 expressly provided for in this Act, the Department of State HB1383 Re-Enrolled -3- LRB9103127MWgc 1 Police may be considered a public safety agency. 2 "Qualified governmental entity" means a unit of local 3 government authorized to provide 9-1-1 services pursuant to 4 the Emergency Telephone System Act where no emergency 5 telephone system board exists. 6 "Statewide wireless emergency 9-1-1 system" means all 7 areas of the State where an emergency telephone system board 8 or, in the absence of an emergency telephone system board, a 9 qualified governmental entity has not declared its intention 10 for one or more of its public safety answering points to 11 serve as a primary wireless 9-1-1 public safety answering 12 point for its jurisdiction. The operator of the statewide 13 wireless emergency 9-1-1 system shall be the Department of 14 State Police. 15 "Wireless carrier" means a provider of two-way cellular, 16 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial 17 Mobile Radio Service (CMRS), Wireless Communications Service 18 (WCS), or other Commercial Mobile Radio Service (CMRS), as 19 defined by the Federal Communications Commission, offering 20 radio communications that may provide fixed, mobile, radio 21 location, or satellite communication services to individuals 22 or businesses within its assigned spectrum block and 23 geographical area or that offers real-time, two-way voice 24 service that is interconnected with the public switched 25 network, including a reseller of such service. 26 "Wireless enhanced 9-1-1" means the ability to relay the 27 telephone number of the originator of a 9-1-1 call and the 28 location of the cell site or base station receiving a 9-1-1 29 call from any mobile handset or text telephone device 30 accessing the wireless system to the designated wireless 31 public safety answering point through the use of automatic 32 number identification and pseudo-automatic number 33 identification. 34 "Wireless public safety answering point" means the HB1383 Re-Enrolled -4- LRB9103127MWgc 1 functional division of an emergency telephone system board, 2 qualified governmental entity, or the Department of State 3 Police accepting wireless 9-1-1 calls. 4 "Wireless subscriber" means an individual or entity to 5 whom a wireless service account or number has been assigned 6 by a wireless carrier. 7 Section 15. Wireless emergency 9-1-1 service. The 8 digits "9-1-1" shall be the designated emergency telephone 9 number within the wireless system. 10 (a) Standards. The Illinois Commerce Commission may set 11 non-discriminatory, uniform technical and operational 12 standards consistent with the rules of the Federal 13 Communications Commission for directing calls to authorized 14 public safety answering points. These standards shall not in 15 any way prescribe the technology or manner a wireless carrier 16 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls 17 and these standards shall not exceed the requirements set by 18 the Federal Communications Commission. However, standards 19 for directing calls to the authorized public safety answering 20 point shall be included. The authority given to the Illinois 21 Commerce Commission in this Section is limited to setting 22 standards as set forth herein and does not constitute 23 authority to regulate wireless carriers. 24 (b) Wireless public safety answering points. For the 25 purpose of providing wireless 9-1-1 emergency services, an 26 emergency telephone system board or, in the absence of an 27 emergency telephone system board, a qualified governmental 28 entity may declare its intention for one or more of its 29 public safety answering points to serve as a primary wireless 30 9-1-1 public safety answering point for its jurisdiction by 31 notifying the Chief Clerk of the Illinois Commerce Commission 32 and the Director of State Police in writing within 6 months 33 after the effective date of this Act or within 6 months after HB1383 Re-Enrolled -5- LRB9103127MWgc 1 receiving its authority to operate a 9-1-1 system under the 2 Emergency Telephone System Act, whichever is later. In 3 addition, 2 or more emergency telephone system boards or 4 qualified units of local government may, by virtue of an 5 intergovernmental agreement, provide wireless 9-1-1 service. 6 The Department of State Police shall be the primary wireless 7 9-1-1 public safety answering point for any jurisdiction not 8 providing notice to the Commission and the Department of 9 State Police. Nothing in this Act shall require the 10 provision of wireless enhanced 9-1-1 services. 11 The Illinois Commerce Commission, upon a joint request 12 from the Department of State Police and a qualified 13 governmental entity or an emergency telephone system board, 14 may grant authority to the emergency telephone system board 15 or a qualified governmental entity to provide wireless 9-1-1 16 service in areas for which the Department of State Police has 17 accepted wireless 9-1-1 responsibility. The Illinois 18 Commerce Commission shall maintain a current list of all 19 9-1-1 systems and qualified governmental entities providing 20 wireless 9-1-1 service under this Act. 21 Any emergency telephone system board or qualified 22 governmental entity providing wireless 9-1-1 service prior to 23 the effective date of this Act may continue to operate upon 24 notification as previously described in this Section. An 25 emergency telephone system board or a qualified governmental 26 entity shall submit, with its notification, the date upon 27 which it commenced operating. 28 (c) Wireless Enhanced 9-1-1 Board. The Wireless 29 Enhanced 9-1-1 Board is created. The Board consists of 7 30 members appointed by the Governor with the advice and consent 31 of the Senate. It is recommended that the Governor appoint 32 members from the following: the Illinois Chapter of the 33 National Emergency Numbers Association, the Illinois State 34 Police, law enforcement agencies, the wireless HB1383 Re-Enrolled -6- LRB9103127MWgc 1 telecommunications industry, an emergency telephone system 2 board in Cook County (outside the City of Chicago), an 3 emergency telephone system board in the Metro-east area, and 4 an emergency telephone system board in the collar counties 5 (Lake, McHenry, DuPage, Kane, and Will counties). Members of 6 the Board may not receive any compensation but may, however, 7 be reimbursed for any necessary expenditure in connection 8 with their duties. 9 Except as provided in Section 45, the Wireless Enhanced 10 9-1-1 Board shall set the amount of the monthly wireless 11 surcharge required to be imposed under Section 17 on all 12 wireless subscribers in this State. Prior to the Wireless 13 Enhanced 9-1-1 Board setting any surcharge, the Board shall 14 publish the proposed surcharge in the Illinois Register, hold 15 hearings on the surcharge and the requirements for an 16 efficient wireless emergency number system, and elicit public 17 comment. The Board shall determine the minimum cost 18 necessary for implementation of this system and the amount of 19 revenue produced based upon the number of wireless telephones 20 in use. The Board shall set the surcharge at the minimum 21 amount necessary to achieve the goals of the Act and shall, 22 by July 1, 2000, file this information with the Governor, the 23 Clerk of the House, and the Secretary of the Senate. The 24 surcharge may not be more than $0.75 per month per CMRS 25 connection. 26 The Wireless Enhanced 9-1-1 Board shall report to the 27 General Assembly by July 1, 2000 on implementing wireless 28 non-emergency services for the purpose of public safety using 29 the digits 3-1-1. The Board shall consider the delivery of 30 3-1-1 services in a 6 county area, including rural Cook 31 County (outside of the City of Chicago), and DuPage, Lake, 32 McHenry, Will, and Kane Counties, as well as counties outside 33 of this area by an emergency telephone system board, a 34 qualified governmental entity, or private industry. The HB1383 Re-Enrolled -7- LRB9103127MWgc 1 Board, upon completion of all its duties required under this 2 Act, is dissolved. 3 Section 17. Wireless carrier surcharge. 4 (a) Except as provided in Section 45, each wireless 5 carrier shall impose a monthly wireless carrier surcharge per 6 CMRS connection that either has a telephone number within an 7 area code assigned to Illinois by the North American 8 Numbering Plan Administrator or has a billing address in this 9 State. No wireless carrier shall impose the surcharge 10 authorized by this Section upon any subscriber who is subject 11 to the surcharge imposed by a unit of local government 12 pursuant to Section 45. The wireless carrier that provides 13 wireless service to the subscriber shall collect the 14 surcharge set by the Wireless Enhanced 9-1-1 Board from the 15 subscriber. The surcharge shall be stated as a separate item 16 on the subscriber's monthly bill. The wireless carrier shall 17 begin collecting the surcharge on bills issued within 90 days 18 after the Wireless Enhanced 9-1-1 Board sets the monthly 19 wireless surcharge. State and local taxes shall not apply to 20 the wireless carrier surcharge. 21 (b) Except as provided in Section 45, a wireless carrier 22 shall, within 45 days of collection, remit, either by check 23 or by electronic funds transfer, to the State Treasurer the 24 amount of the wireless carrier surcharge collected from each 25 subscriber. Of the amounts remitted under this subsection, 26 the State Treasurer shall deposit one-third into the Wireless 27 Carrier Reimbursement Fund and two-thirds into the Wireless 28 Service Emergency Fund. 29 (c) The first such remittance by wireless carriers shall 30 include the number of customers by zip code, and the 9-digit 31 zip code if currently being used or later implemented by the 32 carrier, that shall be the means by which the Department of 33 Central Management Services shall determine distributions HB1383 Re-Enrolled -8- LRB9103127MWgc 1 from the Wireless Service Emergency Fund. This information 2 shall be updated no less often than every year. Wireless 3 carriers are not required to remit surcharge moneys that are 4 billed to subscribers but not yet collected. 5 Section 20. Wireless Service Emergency Fund; uses. The 6 Wireless Service Emergency Fund is created as a special fund 7 in the State treasury. Subject to appropriation, moneys in 8 the Wireless Service Emergency Fund may only be used for 9 grants for emergency telephone system boards, qualified 10 government entities, or the Department of State Police. 11 These grants may be used only for the design, implementation, 12 operation, maintenance, or upgrade of wireless 9-1-1 or 13 E9-1-1 emergency services and public safety answering points, 14 and for no other purposes. 15 The moneys received by the Department of State Police 16 from the Wireless Service Emergency Fund, in any year, may be 17 used for any costs relating to the leasing, modification, or 18 maintenance of any building or facility used to house 19 personnel or equipment associated with the operation of 20 wireless 9-1-1 or wireless E9-1-1 emergency services, to 21 ensure service in those areas where service is not otherwise 22 provided. 23 Moneys from the Wireless Service Emergency Fund may not 24 be used to pay for or recover any costs associated with 25 public safety agency equipment or personnel dispatched in 26 response to wireless 9-1-1 or wireless E9-1-1 emergency 27 calls. 28 Section 25. Wireless Service Emergency Fund; 29 distribution of moneys. Within 60 days after the effective 30 date of this Act, wireless carriers shall submit to the 31 Department of Central Management Services the number of 32 wireless subscribers by zip code and the 9-digit zip code of HB1383 Re-Enrolled -9- LRB9103127MWgc 1 the wireless subscribers, if currently being used or later 2 implemented by the carrier. 3 The Department of Central Management Services shall, 4 subject to appropriation, make monthly proportional grants to 5 the appropriate emergency telephone system board or qualified 6 governmental entity based upon the United States Postal Zip 7 Code of the wireless subscriber's billing address. No 8 matching funds shall be required from grant recipients. 9 If the Department of Central Management Services is 10 notified of an area of overlapping jurisdiction, grants for 11 that area shall be made based upon reference to an official 12 Master Street Address Guide to the emergency telephone system 13 board or qualified governmental entity whose public service 14 answering points provide wireless 9-1-1 service in that area. 15 The emergency telephone system board or qualified 16 governmental entity shall provide the Department of Central 17 Management Services with a valid copy of the appropriate 18 Master Street Address Guide. The Department of Central 19 Management Services does not have a duty to verify 20 jurisdictional responsibility. 21 In the event of a subscriber billing address being 22 matched to an incorrect jurisdiction by the Department of 23 Central Management Services, the recipient, upon notification 24 from the Department of Central Management Services, shall 25 redirect the funds to the correct jurisdiction. The 26 Department of Central Management Services shall not be held 27 liable for any damages relating to an act or omission under 28 this Act, unless the act or omission constitutes gross 29 negligence, recklessness, or intentional misconduct. 30 In the event of a dispute between emergency telephone 31 system boards or qualified governmental entities concerning a 32 subscriber billing address, the Department of Central 33 Management Services shall resolve the dispute. 34 The Department of Central Management Services shall HB1383 Re-Enrolled -10- LRB9103127MWgc 1 maintain detailed records of all receipts and disbursements 2 and shall provide an annual accounting of all receipts and 3 disbursements to the Auditor General. 4 The Department of Central Management Services shall adopt 5 rules to govern the grant process. 6 Section 30. Wireless Carrier Reimbursement Fund; uses. 7 The Wireless Carrier Reimbursement Fund is created as a 8 special fund in the State treasury. Moneys in the Wireless 9 Carrier Reimbursement Fund may be used, subject to 10 appropriation, only to reimburse wireless carriers for all of 11 their costs incurred in complying with the applicable 12 provisions of Federal Communications Commission wireless 13 enhanced 9-1-1 service mandates. This reimbursement may 14 include, but need not be limited to, the cost of designing, 15 upgrading, purchasing, leasing, programming, installing, 16 testing, and maintaining necessary data, hardware, and 17 software and associated operating and administrative costs 18 and overhead. 19 Section 35. Wireless Carrier Reimbursement Fund; 20 reimbursement. To recover costs from the Wireless Carrier 21 Reimbursement Fund, the wireless carrier shall submit sworn 22 invoices to the Department of Central Management Services. 23 In no event may any invoice for payment be approved for (i) 24 costs that are not related to compliance with the 25 requirements established by the wireless enhanced 9-1-1 26 mandates of the Federal Communications Commission, (ii) costs 27 with respect to any wireless enhanced 9-1-1 service that is 28 not operable at the time the invoice is submitted, or (iii) 29 costs of any wireless carrier exceeding 125% of the wireless 30 emergency services charges remitted to the Wireless Carrier 31 Reimbursement Fund by the wireless carrier under Section 32 17(b)unless the wireless carrier received prior approval for HB1383 Re-Enrolled -11- LRB9103127MWgc 1 the expenditures from the Department of Central Management 2 Services. 3 If in any month the total amount of invoices submitted to 4 the Department of Central Management Services and approved 5 for payment exceeds the amount available in the Wireless 6 Carrier Reimbursement Fund, wireless carriers that have 7 invoices approved for payment shall receive a pro-rata share 8 of the amount available in the Wireless Carrier Reimbursement 9 Fund based on the relative amount of their approved invoices 10 available that month, and the balance of the payments shall 11 be carried into the following months, and shall include 12 appropriate interest at the statutory rate, until all of the 13 approved payments are made. 14 A wireless carrier may not receive payment from the 15 Wireless Carrier Reimbursement Fund for its costs of 16 providing wireless enhanced 9-1-1 services in an area when a 17 unit of local government or emergency telephone system board 18 provides wireless 9-1-1 services in that area and was 19 imposing and collecting a wireless carrier surcharge prior to 20 July 1, 1998. 21 The Department of Central Management Services shall 22 maintain detailed records of all receipts and disbursements 23 and shall provide an annual accounting of all receipts and 24 disbursements to the Auditor General. 25 The Department of Central Management Services shall adopt 26 rules to govern the reimbursement process. 27 Section 40. Public disclosure. Because of the highly 28 competitive nature of the wireless telephone industry, a 29 public disclosure of information about surcharge moneys paid 30 by wireless carriers could have the effect of stifling 31 competition to the detriment of the public and the delivery 32 of wireless 9-1-1 services. Therefore, the Department of 33 Central Management Services, the Department of State Police, HB1383 Re-Enrolled -12- LRB9103127MWgc 1 governmental agencies, and individuals with access to that 2 information shall take appropriate steps to prevent public 3 disclosure of this information. Information and data 4 supporting the amount and distribution of surcharge moneys 5 collected and remitted by an individual wireless carrier 6 shall be deemed exempt information for purposes of the 7 Freedom of Information Act and shall not be publicly 8 disclosed. The gross amount paid by all carriers shall not 9 be deemed exempt and may be publicly disclosed. 10 Section 45. Continuation of current practices. 11 Notwithstanding any other provision of this Act, a unit of 12 local government or emergency telephone system board 13 providing wireless 9-1-1 service and imposing and collecting 14 a wireless carrier surcharge prior to July 1, 1998 may 15 continue its practices of imposing and collecting its 16 wireless carrier surcharge, but in no event shall that 17 monthly surcharge exceed $1.25 per commercial mobile radio 18 service (CMRS) connection or in-service telephone number 19 billed on a monthly basis. 20 Section 50. Limitation of liability. Notwithstanding any 21 other provision of law, in no event shall a unit of local 22 government, the Department of Central Management Services, 23 the Department of State Police, or a public safety agency, 24 public safety answering point, emergency telephone system 25 board, or wireless carrier, or its officers, employees, 26 assigns, or agents, be liable for any form of civil damages 27 or criminal liability that directly or indirectly results 28 from, or is caused by, any act or omission in the 29 development, design, installation, operation, maintenance, 30 performance, or provision of wireless 9-1-1 or wireless 31 E9-1-1 service, unless the act or omission constitutes gross 32 negligence, recklessness, or intentional misconduct. HB1383 Re-Enrolled -13- LRB9103127MWgc 1 A unit of local government, the Department of Central 2 Management Services, the Department of State Police, or a 3 public safety agency, public safety answering point, 4 emergency telephone system board, or wireless carrier, or its 5 officers, employees, assigns, or agents, shall not be liable 6 for any form of civil damages or criminal liability that 7 directly or indirectly results from, or is caused by, the 8 release of subscriber information to any governmental entity 9 as required under the provisions of this Act, unless the 10 release constitutes gross negligence, recklessness, or 11 intentional misconduct. 12 Section 55. Severability. If any provision of this Act 13 or its application to any person or circumstance is held 14 invalid, the invalidity of that provision or application does 15 not affect other provisions or applications of this Act that 16 can be given effect without the invalid application or 17 provision. 18 Section 60. Home rule. A home rule unit, other than a 19 home rule municipality having a population in excess of 20 500,000 that was imposing its own surcharge on wireless 21 carriers prior to July 1, 1998, may not impose a separate 22 surcharge on wireless 9-1-1 service in addition to the 23 surcharge imposed on wireless 9-1-1 service under this Act. 24 This Section is a limitation under subsection (g) of Section 25 6 of Article VII of the Illinois Constitution on the powers 26 and functions of home rule units not exercised or performed 27 by the State. 28 Section 65. Review. This Act and any regulation 29 established by a State agency pursuant to this Act shall be 30 reviewed by the Auditor General prior to October 1, 2001. HB1383 Re-Enrolled -14- LRB9103127MWgc 1 Section 70. Repealer. This Act is repealed on April 1, 2 2005. 3 Section 800. The Freedom of Information Act is amended 4 by changing Section 7 as follows: 5 (5 ILCS 140/7) (from Ch. 116, par. 207) 6 Sec. 7. Exemptions. 7 (1) The following shall be exempt from inspection and 8 copying: 9 (a) Information specifically prohibited from 10 disclosure by federal or State law or rules and 11 regulations adopted under federal or State law. 12 (b) Information that, if disclosed, would 13 constitute a clearly unwarranted invasion of personal 14 privacy, unless the disclosure is consented to in writing 15 by the individual subjects of the information. The 16 disclosure of information that bears on the public duties 17 of public employees and officials shall not be considered 18 an invasion of personal privacy. Information exempted 19 under this subsection (b) shall include but is not 20 limited to: 21 (i) files and personal information maintained 22 with respect to clients, patients, residents, 23 students or other individuals receiving social, 24 medical, educational, vocational, financial, 25 supervisory or custodial care or services directly 26 or indirectly from federal agencies or public 27 bodies; 28 (ii) personnel files and personal information 29 maintained with respect to employees, appointees or 30 elected officials of any public body or applicants 31 for those positions; 32 (iii) files and personal information HB1383 Re-Enrolled -15- LRB9103127MWgc 1 maintained with respect to any applicant, registrant 2 or licensee by any public body cooperating with or 3 engaged in professional or occupational 4 registration, licensure or discipline; 5 (iv) information required of any taxpayer in 6 connection with the assessment or collection of any 7 tax unless disclosure is otherwise required by State 8 statute; and 9 (v) information revealing the identity of 10 persons who file complaints with or provide 11 information to administrative, investigative, law 12 enforcement or penal agencies; provided, however, 13 that identification of witnesses to traffic 14 accidents, traffic accident reports, and rescue 15 reports may be provided by agencies of local 16 government, except in a case for which a criminal 17 investigation is ongoing, without constituting a 18 clearly unwarranted per se invasion of personal 19 privacy under this subsection. 20 (c) Records compiled by any public body for 21 administrative enforcement proceedings and any law 22 enforcement or correctional agency for law enforcement 23 purposes or for internal matters of a public body, but 24 only to the extent that disclosure would: 25 (i) interfere with pending or actually and 26 reasonably contemplated law enforcement proceedings 27 conducted by any law enforcement or correctional 28 agency; 29 (ii) interfere with pending administrative 30 enforcement proceedings conducted by any public 31 body; 32 (iii) deprive a person of a fair trial or an 33 impartial hearing; 34 (iv) unavoidably disclose the identity of a HB1383 Re-Enrolled -16- LRB9103127MWgc 1 confidential source or confidential information 2 furnished only by the confidential source; 3 (v) disclose unique or specialized 4 investigative techniques other than those generally 5 used and known or disclose internal documents of 6 correctional agencies related to detection, 7 observation or investigation of incidents of crime 8 or misconduct; 9 (vi) constitute an invasion of personal 10 privacy under subsection (b) of this Section; 11 (vii) endanger the life or physical safety of 12 law enforcement personnel or any other person; or 13 (viii) obstruct an ongoing criminal 14 investigation. 15 (d) Criminal history record information maintained 16 by State or local criminal justice agencies, except the 17 following which shall be open for public inspection and 18 copying: 19 (i) chronologically maintained arrest 20 information, such as traditional arrest logs or 21 blotters; 22 (ii) the name of a person in the custody of a 23 law enforcement agency and the charges for which 24 that person is being held; 25 (iii) court records that are public; 26 (iv) records that are otherwise available 27 under State or local law; or 28 (v) records in which the requesting party is 29 the individual identified, except as provided under 30 part (vii) of paragraph (c) of subsection (1) of 31 this Section. 32 "Criminal history record information" means data 33 identifiable to an individual and consisting of 34 descriptions or notations of arrests, detentions, HB1383 Re-Enrolled -17- LRB9103127MWgc 1 indictments, informations, pre-trial proceedings, trials, 2 or other formal events in the criminal justice system or 3 descriptions or notations of criminal charges (including 4 criminal violations of local municipal ordinances) and 5 the nature of any disposition arising therefrom, 6 including sentencing, court or correctional supervision, 7 rehabilitation and release. The term does not apply to 8 statistical records and reports in which individuals are 9 not identified and from which their identities are not 10 ascertainable, or to information that is for criminal 11 investigative or intelligence purposes. 12 (e) Records that relate to or affect the security 13 of correctional institutions and detention facilities. 14 (f) Preliminary drafts, notes, recommendations, 15 memoranda and other records in which opinions are 16 expressed, or policies or actions are formulated, except 17 that a specific record or relevant portion of a record 18 shall not be exempt when the record is publicly cited and 19 identified by the head of the public body. The exemption 20 provided in this paragraph (f) extends to all those 21 records of officers and agencies of the General Assembly 22 that pertain to the preparation of legislative documents. 23 (g) Trade secrets and commercial or financial 24 information obtained from a person or business where the 25 trade secrets or information are proprietary, privileged 26 or confidential, or where disclosure of the trade secrets 27 or information may cause competitive harm, including all 28 information determined to be confidential under Section 29 4002 of the Technology Advancement and Development Act. 30 Nothing contained in this paragraph (g) shall be 31 construed to prevent a person or business from consenting 32 to disclosure. 33 (h) Proposals and bids for any contract, grant, or 34 agreement, including information which if it were HB1383 Re-Enrolled -18- LRB9103127MWgc 1 disclosed would frustrate procurement or give an 2 advantage to any person proposing to enter into a 3 contractor agreement with the body, until an award or 4 final selection is made. Information prepared by or for 5 the body in preparation of a bid solicitation shall be 6 exempt until an award or final selection is made. 7 (i) Valuable formulae, designs, drawings and 8 research data obtained or produced by any public body 9 when disclosure could reasonably be expected to produce 10 private gain or public loss. 11 (j) Test questions, scoring keys and other 12 examination data used to administer an academic 13 examination or determined the qualifications of an 14 applicant for a license or employment. 15 (k) Architects' plans and engineers' technical 16 submissions for projects not constructed or developed in 17 whole or in part with public funds and for projects 18 constructed or developed with public funds, to the extent 19 that disclosure would compromise security. 20 (l) Library circulation and order records 21 identifying library users with specific materials. 22 (m) Minutes of meetings of public bodies closed to 23 the public as provided in the Open Meetings Act until the 24 public body makes the minutes available to the public 25 under Section 2.06 of the Open Meetings Act. 26 (n) Communications between a public body and an 27 attorney or auditor representing the public body that 28 would not be subject to discovery in litigation, and 29 materials prepared or compiled by or for a public body in 30 anticipation of a criminal, civil or administrative 31 proceeding upon the request of an attorney advising the 32 public body, and materials prepared or compiled with 33 respect to internal audits of public bodies. 34 (o) Information received by a primary or secondary HB1383 Re-Enrolled -19- LRB9103127MWgc 1 school, college or university under its procedures for 2 the evaluation of faculty members by their academic 3 peers. 4 (p) Administrative or technical information 5 associated with automated data processing operations, 6 including but not limited to software, operating 7 protocols, computer program abstracts, file layouts, 8 source listings, object modules, load modules, user 9 guides, documentation pertaining to all logical and 10 physical design of computerized systems, employee 11 manuals, and any other information that, if disclosed, 12 would jeopardize the security of the system or its data 13 or the security of materials exempt under this Section. 14 (q) Documents or materials relating to collective 15 negotiating matters between public bodies and their 16 employees or representatives, except that any final 17 contract or agreement shall be subject to inspection and 18 copying. 19 (r) Drafts, notes, recommendations and memoranda 20 pertaining to the financing and marketing transactions of 21 the public body. The records of ownership, registration, 22 transfer, and exchange of municipal debt obligations, and 23 of persons to whom payment with respect to these 24 obligations is made. 25 (s) The records, documents and information relating 26 to real estate purchase negotiations until those 27 negotiations have been completed or otherwise terminated. 28 With regard to a parcel involved in a pending or actually 29 and reasonably contemplated eminent domain proceeding 30 under Article VII of the Code of Civil Procedure, 31 records, documents and information relating to that 32 parcel shall be exempt except as may be allowed under 33 discovery rules adopted by the Illinois Supreme Court. 34 The records, documents and information relating to a real HB1383 Re-Enrolled -20- LRB9103127MWgc 1 estate sale shall be exempt until a sale is consummated. 2 (t) Any and all proprietary information and records 3 related to the operation of an intergovernmental risk 4 management association or self-insurance pool or jointly 5 self-administered health and accident cooperative or 6 pool. 7 (u) Information concerning a university's 8 adjudication of student or employee grievance or 9 disciplinary cases, to the extent that disclosure would 10 reveal the identity of the student or employee and 11 information concerning any public body's adjudication of 12 student or employee grievances or disciplinary cases, 13 except for the final outcome of the cases. 14 (v) Course materials or research materials used by 15 faculty members. 16 (w) Information related solely to the internal 17 personnel rules and practices of a public body. 18 (x) Information contained in or related to 19 examination, operating, or condition reports prepared by, 20 on behalf of, or for the use of a public body responsible 21 for the regulation or supervision of financial 22 institutions or insurance companies, unless disclosure is 23 otherwise required by State law. 24 (y) Information the disclosure of which is 25 restricted under Section 5-108 of the Public Utilities 26 Act. 27 (z) Manuals or instruction to staff that relate to 28 establishment or collection of liability for any State 29 tax or that relate to investigations by a public body to 30 determine violation of any criminal law. 31 (aa) Applications, related documents, and medical 32 records received by the Experimental Organ 33 Transplantation Procedures Board and any and all 34 documents or other records prepared by the Experimental HB1383 Re-Enrolled -21- LRB9103127MWgc 1 Organ Transplantation Procedures Board or its staff 2 relating to applications it has received. 3 (bb) Insurance or self insurance (including any 4 intergovernmental risk management association or self 5 insurance pool) claims, loss or risk management 6 information, records, data, advice or communications. 7 (cc) Information and records held by the Department 8 of Public Health and its authorized representatives 9 relating to known or suspected cases of sexually 10 transmissible disease or any information the disclosure 11 of which is restricted under the Illinois Sexually 12 Transmissible Disease Control Act. 13 (dd) Information the disclosure of which is 14 exempted under Section 30 of the Radon Industry Licensing 15 Act. 16 (ee) Firm performance evaluations under Section 55 17 of the Architectural, Engineering, and Land Surveying 18 Qualifications Based Selection Act. 19 (ff) Security portions of system safety program 20 plans, investigation reports, surveys, schedules, lists, 21 data, or information compiled, collected, or prepared by 22 or for the Regional Transportation Authority under 23 Section 2.11 of the Regional Transportation Authority Act 24 or the State of Missouri under the Bi-State Transit 25 Safety Act. 26 (gg) Information the disclosure of which is 27 restricted and exempted under Section 50 of the Illinois 28 Prepaid Tuition Act. 29 (hh) Information the disclosure of which is 30 exempted under Section 80 of the State Gift Ban Act. 31 (ii) Beginning July 1, 1999,(hh)information that 32 would disclose or might lead to the disclosure of secret 33 or confidential information, codes, algorithms, programs, 34 or private keys intended to be used to create electronic HB1383 Re-Enrolled -22- LRB9103127MWgc 1 or digital signatures under the Electronic Commerce 2 Security Act. 3 (jj) Information and data concerning the 4 distribution of surcharge moneys collected and remitted 5 by wireless carriers under the Wireless Emergency 6 Telephone Safety Act. 7 (2) This Section does not authorize withholding of 8 information or limit the availability of records to the 9 public, except as stated in this Section or otherwise 10 provided in this Act. 11 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 12 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 13 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) 14 Section 805. The Civil Administrative Code of Illinois 15 is amended by changing Section 55a as follows: 16 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 17 (Text of Section before amendment by P.A. 90-590) 18 Sec. 55a. Powers and duties. 19 (A) The Department of State Police shall have the 20 following powers and duties, and those set forth in Sections 21 55a-1 through 55c: 22 1. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the State 24 Police Act. 25 2. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the State 27 Police Radio Act. 28 3. To exercise the rights, powers and duties which have 29 been vested in the Department of Public Safety by the 30 Criminal Identification Act. 31 4. To (a) investigate the origins, activities, personnel 32 and incidents of crime and the ways and means to redress the HB1383 Re-Enrolled -23- LRB9103127MWgc 1 victims of crimes, and study the impact, if any, of 2 legislation relative to the effusion of crime and growing 3 crime rates, and enforce the criminal laws of this State 4 related thereto, (b) enforce all laws regulating the 5 production, sale, prescribing, manufacturing, administering, 6 transporting, having in possession, dispensing, delivering, 7 distributing, or use of controlled substances and cannabis, 8 (c) employ skilled experts, scientists, technicians, 9 investigators or otherwise specially qualified persons to aid 10 in preventing or detecting crime, apprehending criminals, or 11 preparing and presenting evidence of violations of the 12 criminal laws of the State, (d) cooperate with the police of 13 cities, villages and incorporated towns, and with the police 14 officers of any county, in enforcing the laws of the State 15 and in making arrests and recovering property, (e) apprehend 16 and deliver up any person charged in this State or any other 17 State of the United States with treason, felony, or other 18 crime, who has fled from justice and is found in this State, 19 and (f) conduct such other investigations as may be provided 20 by law. Persons exercising these powers within the Department 21 are conservators of the peace and as such have all the powers 22 possessed by policemen in cities and sheriffs, except that 23 they may exercise such powers anywhere in the State in 24 cooperation with and after contact with the local law 25 enforcement officials. Such persons may use false or 26 fictitious names in the performance of their duties under 27 this paragraph, upon approval of the Director, and shall not 28 be subject to prosecution under the criminal laws for such 29 use. 30 5. To: (a) be a central repository and custodian of 31 criminal statistics for the State, (b) be a central 32 repository for criminal history record information, (c) 33 procure and file for record such information as is necessary 34 and helpful to plan programs of crime prevention, law HB1383 Re-Enrolled -24- LRB9103127MWgc 1 enforcement and criminal justice, (d) procure and file for 2 record such copies of fingerprints, as may be required by 3 law, (e) establish general and field crime laboratories, (f) 4 register and file for record such information as may be 5 required by law for the issuance of firearm owner's 6 identification cards, (g) employ polygraph operators, 7 laboratory technicians and other specially qualified persons 8 to aid in the identification of criminal activity, and (h) 9 undertake such other identification, information, laboratory, 10 statistical or registration activities as may be required by 11 law. 12 6. To (a) acquire and operate one or more radio 13 broadcasting stations in the State to be used for police 14 purposes, (b) operate a statewide communications network to 15 gather and disseminate information for law enforcement 16 agencies, (c) operate an electronic data processing and 17 computer center for the storage and retrieval of data 18 pertaining to criminal activity, and (d) undertake such other 19 communication activities as may be required by law. 20 7. To provide, as may be required by law, assistance to 21 local law enforcement agencies through (a) training, 22 management and consultant services for local law enforcement 23 agencies, and (b) the pursuit of research and the publication 24 of studies pertaining to local law enforcement activities. 25 8. To exercise the rights, powers and duties which have 26 been vested in the Department of State Police and the 27 Director of the Department of State Police by the Narcotic 28 Control Division Abolition Act. 29 9. To exercise the rights, powers and duties which have 30 been vested in the Department of Public Safety by the 31 Illinois Vehicle Code. 32 10. To exercise the rights, powers and duties which have 33 been vested in the Department of Public Safety by the Firearm 34 Owners Identification Card Act. HB1383 Re-Enrolled -25- LRB9103127MWgc 1 11. To enforce and administer such other laws in 2 relation to law enforcement as may be vested in the 3 Department. 4 12. To transfer jurisdiction of any realty title to 5 which is held by the State of Illinois under the control of 6 the Department to any other department of the State 7 government or to the State Employees Housing Commission, or 8 to acquire or accept Federal land, when such transfer, 9 acquisition or acceptance is advantageous to the State and is 10 approved in writing by the Governor. 11 13. With the written approval of the Governor, to enter 12 into agreements with other departments created by this Act, 13 for the furlough of inmates of the penitentiary to such other 14 departments for their use in research programs being 15 conducted by them. 16 For the purpose of participating in such research 17 projects, the Department may extend the limits of any 18 inmate's place of confinement, when there is reasonable cause 19 to believe that the inmate will honor his or her trust by 20 authorizing the inmate, under prescribed conditions, to leave 21 the confines of the place unaccompanied by a custodial agent 22 of the Department. The Department shall make rules governing 23 the transfer of the inmate to the requesting other department 24 having the approved research project, and the return of such 25 inmate to the unextended confines of the penitentiary. Such 26 transfer shall be made only with the consent of the inmate. 27 The willful failure of a prisoner to remain within the 28 extended limits of his or her confinement or to return within 29 the time or manner prescribed to the place of confinement 30 designated by the Department in granting such extension shall 31 be deemed an escape from custody of the Department and 32 punishable as provided in Section 3-6-4 of the Unified Code 33 of Corrections. 34 14. To provide investigative services, with all of the HB1383 Re-Enrolled -26- LRB9103127MWgc 1 powers possessed by policemen in cities and sheriffs, in and 2 around all race tracks subject to the Horse Racing Act of 3 1975. 4 15. To expend such sums as the Director deems necessary 5 from Contractual Services appropriations for the Division of 6 Criminal Investigation for the purchase of evidence and for 7 the employment of persons to obtain evidence. Such sums shall 8 be advanced to agents authorized by the Director to expend 9 funds, on vouchers signed by the Director. 10 16. To assist victims and witnesses in gang crime 11 prosecutions through the administration of funds appropriated 12 from the Gang Violence Victims and Witnesses Fund to the 13 Department. Such funds shall be appropriated to the 14 Department and shall only be used to assist victims and 15 witnesses in gang crime prosecutions and such assistance may 16 include any of the following: 17 (a) temporary living costs; 18 (b) moving expenses; 19 (c) closing costs on the sale of private residence; 20 (d) first month's rent; 21 (e) security deposits; 22 (f) apartment location assistance; 23 (g) other expenses which the Department considers 24 appropriate; and 25 (h) compensation for any loss of or injury to real 26 or personal property resulting from a gang crime to a 27 maximum of $5,000, subject to the following provisions: 28 (1) in the case of loss of property, the 29 amount of compensation shall be measured by the 30 replacement cost of similar or like property which 31 has been incurred by and which is substantiated by 32 the property owner, 33 (2) in the case of injury to property, the 34 amount of compensation shall be measured by the cost HB1383 Re-Enrolled -27- LRB9103127MWgc 1 of repair incurred and which can be substantiated by 2 the property owner, 3 (3) compensation under this provision is a 4 secondary source of compensation and shall be 5 reduced by any amount the property owner receives 6 from any other source as compensation for the loss 7 or injury, including, but not limited to, personal 8 insurance coverage, 9 (4) no compensation may be awarded if the 10 property owner was an offender or an accomplice of 11 the offender, or if the award would unjustly benefit 12 the offender or offenders, or an accomplice of the 13 offender or offenders. 14 No victim or witness may receive such assistance if he or 15 she is not a part of or fails to fully cooperate in the 16 prosecution of gang crime members by law enforcement 17 authorities. 18 The Department shall promulgate any rules necessary for 19 the implementation of this amendatory Act of 1985. 20 17. To conduct arson investigations. 21 18. To develop a separate statewide statistical police 22 contact record keeping system for the study of juvenile 23 delinquency. The records of this police contact system shall 24 be limited to statistical information. No individually 25 identifiable information shall be maintained in the police 26 contact statistical record system. 27 19. To develop a separate statewide central adjudicatory 28 and dispositional records system for persons under 19 years 29 of age who have been adjudicated delinquent minors and to 30 make information available to local registered participating 31 police youth officers so that police youth officers will be 32 able to obtain rapid access to the juvenile's background from 33 other jurisdictions to the end that the police youth officers 34 can make appropriate dispositions which will best serve the HB1383 Re-Enrolled -28- LRB9103127MWgc 1 interest of the child and the community. Information 2 maintained in the adjudicatory and dispositional record 3 system shall be limited to the incidents or offenses for 4 which the minor was adjudicated delinquent by a court, and a 5 copy of the court's dispositional order. All individually 6 identifiable records in the adjudicatory and dispositional 7 records system shall be destroyed when the person reaches 19 8 years of age. 9 20. To develop rules which guarantee the confidentiality 10 of such individually identifiable adjudicatory and 11 dispositional records except when used for the following: 12 (a) by authorized juvenile court personnel or the 13 State's Attorney in connection with proceedings under the 14 Juvenile Court Act of 1987; or 15 (b) inquiries from registered police youth 16 officers. 17 For the purposes of this Act "police youth officer" means 18 a member of a duly organized State, county or municipal 19 police force who is assigned by his or her Superintendent, 20 Sheriff or chief of police, as the case may be, to specialize 21 in youth problems. 22 21. To develop administrative rules and administrative 23 hearing procedures which allow a minor, his or her attorney, 24 and his or her parents or guardian access to individually 25 identifiable adjudicatory and dispositional records for the 26 purpose of determining or challenging the accuracy of the 27 records. Final administrative decisions shall be subject to 28 the provisions of the Administrative Review Law. 29 22. To charge, collect, and receive fees or moneys 30 equivalent to the cost of providing Department of State 31 Police personnel, equipment, and services to local 32 governmental agencies when explicitly requested by a local 33 governmental agency and pursuant to an intergovernmental 34 agreement as provided by this Section, other State agencies, HB1383 Re-Enrolled -29- LRB9103127MWgc 1 and federal agencies, including but not limited to fees or 2 moneys equivalent to the cost of providing dispatching 3 services, radio and radar repair, and training to local 4 governmental agencies on such terms and conditions as in the 5 judgment of the Director are in the best interest of the 6 State; and to establish, charge, collect and receive fees or 7 moneys based on the cost of providing responses to requests 8 for criminal history record information pursuant to positive 9 identification and any Illinois or federal law authorizing 10 access to some aspect of such information and to prescribe 11 the form and manner for requesting and furnishing such 12 information to the requestor on such terms and conditions as 13 in the judgment of the Director are in the best interest of 14 the State, provided fees for requesting and furnishing 15 criminal history record information may be waived for 16 requests in the due administration of the criminal laws. The 17 Department may also charge, collect and receive fees or 18 moneys equivalent to the cost of providing electronic data 19 processing lines or related telecommunication services to 20 local governments, but only when such services can be 21 provided by the Department at a cost less than that 22 experienced by said local governments through other means. 23 All services provided by the Department shall be conducted 24 pursuant to contracts in accordance with the 25 Intergovernmental Cooperation Act, and all telecommunication 26 services shall be provided pursuant to the provisions of 27 Section 67.18 of this Code. 28 All fees received by the Department of State Police under 29 this Act or the Illinois Uniform Conviction Information Act 30 shall be deposited in a special fund in the State Treasury to 31 be known as the State Police Services Fund. The money 32 deposited in the State Police Services Fund shall be 33 appropriated to the Department of State Police for expenses 34 of the Department of State Police. HB1383 Re-Enrolled -30- LRB9103127MWgc 1 Upon the completion of any audit of the Department of 2 State Police as prescribed by the Illinois State Auditing 3 Act, which audit includes an audit of the State Police 4 Services Fund, the Department of State Police shall make the 5 audit open to inspection by any interested person. 6 23. To exercise the powers and perform the duties which 7 have been vested in the Department of State Police by the 8 Intergovernmental Missing Child Recovery Act of 1984, and to 9 establish reasonable rules and regulations necessitated 10 thereby. 11 24. (a) To establish and maintain a statewide Law 12 Enforcement Agencies Data System (LEADS) for the purpose of 13 providing electronic access by authorized entities to 14 criminal justice data repositories and effecting an immediate 15 law enforcement response to reports of missing persons, 16 including lost, missing or runaway minors. The Department 17 shall implement an automatic data exchange system to compile, 18 to maintain and to make available to other law enforcement 19 agencies for immediate dissemination data which can assist 20 appropriate agencies in recovering missing persons and 21 provide access by authorized entities to various data 22 repositories available through LEADS for criminal justice and 23 related purposes. To assist the Department in this effort, 24 funds may be appropriated from the LEADS Maintenance Fund. 25 (b) In exercising its duties under this subsection, the 26 Department shall: 27 (1) provide a uniform reporting format for the 28 entry of pertinent information regarding the report of a 29 missing person into LEADS; 30 (2) develop and implement a policy whereby a 31 statewide or regional alert would be used in situations 32 relating to the disappearances of individuals, based on 33 criteria and in a format established by the Department. 34 Such a format shall include, but not be limited to, the HB1383 Re-Enrolled -31- LRB9103127MWgc 1 age of the missing person and the suspected circumstance 2 of the disappearance; 3 (3) notify all law enforcement agencies that 4 reports of missing persons shall be entered as soon as 5 the minimum level of data specified by the Department is 6 available to the reporting agency, and that no waiting 7 period for the entry of such data exists; 8 (4) compile and retain information regarding lost, 9 abducted, missing or runaway minors in a separate data 10 file, in a manner that allows such information to be used 11 by law enforcement and other agencies deemed appropriate 12 by the Director, for investigative purposes. Such 13 information shall include the disposition of all reported 14 lost, abducted, missing or runaway minor cases; 15 (5) compile and maintain an historic data 16 repository relating to lost, abducted, missing or runaway 17 minors and other missing persons in order to develop and 18 improve techniques utilized by law enforcement agencies 19 when responding to reports of missing persons; and 20 (6) create a quality control program regarding 21 confirmation of missing person data, timeliness of 22 entries of missing person reports into LEADS and 23 performance audits of all entering agencies. 24 25. On request of a school board or regional 25 superintendent of schools, to conduct an inquiry pursuant to 26 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 27 an applicant for employment in a school district has been 28 convicted of any criminal or drug offenses enumerated in 29 Section 10-21.9 or 34-18.5 of the School Code. The 30 Department shall furnish such conviction information to the 31 President of the school board of the school district which 32 has requested the information, or if the information was 33 requested by the regional superintendent to that regional 34 superintendent. HB1383 Re-Enrolled -32- LRB9103127MWgc 1 26. To promulgate rules and regulations necessary for 2 the administration and enforcement of its powers and duties, 3 wherever granted and imposed, pursuant to the Illinois 4 Administrative Procedure Act. 5 27. To (a) promulgate rules pertaining to the 6 certification, revocation of certification and training of 7 law enforcement officers as electronic criminal surveillance 8 officers, (b) provide training and technical assistance to 9 State's Attorneys and local law enforcement agencies 10 pertaining to the interception of private oral 11 communications, (c) promulgate rules necessary for the 12 administration of Article 108B of the Code of Criminal 13 Procedure of 1963, including but not limited to standards for 14 recording and minimization of electronic criminal 15 surveillance intercepts, documentation required to be 16 maintained during an intercept, procedures in relation to 17 evidence developed by an intercept, and (d) charge a 18 reasonable fee to each law enforcement agency that sends 19 officers to receive training as electronic criminal 20 surveillance officers. 21 28. Upon the request of any private organization which 22 devotes a major portion of its time to the provision of 23 recreational, social, educational or child safety services to 24 children, to conduct, pursuant to positive identification, 25 criminal background investigations of all of that 26 organization's current employees, current volunteers, 27 prospective employees or prospective volunteers charged with 28 the care and custody of children during the provision of the 29 organization's services, and to report to the requesting 30 organization any record of convictions maintained in the 31 Department's files about such persons. The Department shall 32 charge an application fee, based on actual costs, for the 33 dissemination of conviction information pursuant to this 34 subsection. The Department is empowered to establish this HB1383 Re-Enrolled -33- LRB9103127MWgc 1 fee and shall prescribe the form and manner for requesting 2 and furnishing conviction information pursuant to this 3 subsection. Information received by the organization from the 4 Department concerning an individual shall be provided to such 5 individual. Any such information obtained by the 6 organization shall be confidential and may not be transmitted 7 outside the organization and may not be transmitted to anyone 8 within the organization except as needed for the purpose of 9 evaluating the individual. Only information and standards 10 which bear a reasonable and rational relation to the 11 performance of child care shall be used by the organization. 12 Any employee of the Department or any member, employee or 13 volunteer of the organization receiving confidential 14 information under this subsection who gives or causes to be 15 given any confidential information concerning any criminal 16 convictions of an individual shall be guilty of a Class A 17 misdemeanor unless release of such information is authorized 18 by this subsection. 19 29. Upon the request of the Department of Children and 20 Family Services, to investigate reports of child abuse or 21 neglect. 22 30. To obtain registration of a fictitious vital record 23 pursuant to Section 15.1 of the Vital Records Act. 24 31. To collect and disseminate information relating to 25 "hate crimes" as defined under Section 12-7.1 of the Criminal 26 Code of 1961 contingent upon the availability of State or 27 Federal funds to revise and upgrade the Illinois Uniform 28 Crime Reporting System. All law enforcement agencies shall 29 report monthly to the Department of State Police concerning 30 such offenses in such form and in such manner as may be 31 prescribed by rules and regulations adopted by the Department 32 of State Police. Such information shall be compiled by the 33 Department and be disseminated upon request to any local law 34 enforcement agency, unit of local government, or state HB1383 Re-Enrolled -34- LRB9103127MWgc 1 agency. Dissemination of such information shall be subject 2 to all confidentiality requirements otherwise imposed by law. 3 The Department of State Police shall provide training for 4 State Police officers in identifying, responding to, and 5 reporting all hate crimes. The IllinoisLocal Governmental6 Law EnforcementOfficer'sTraining Standards Board shall 7 develop and certify a course of such training to be made 8 available to local law enforcement officers. 9 32. Upon the request of a private carrier company that 10 provides transportation under Section 28b of the Metropolitan 11 Transit Authority Act, to ascertain if an applicant for a 12 driver position has been convicted of any criminal or drug 13 offense enumerated in Section 28b of the Metropolitan Transit 14 Authority Act. The Department shall furnish the conviction 15 information to the private carrier company that requested the 16 information. 17 33. To apply for grants or contracts, receive, expend, 18 allocate, or disburse funds and moneys made available by 19 public or private entities, including, but not limited to, 20 contracts, bequests, grants, or receiving equipment from 21 corporations, foundations, or public or private institutions 22 of higher learning. All funds received by the Department 23 from these sources shall be deposited into the appropriate 24 fund in the State Treasury to be appropriated to the 25 Department for purposes as indicated by the grantor or 26 contractor or, in the case of funds or moneys bequeathed or 27 granted for no specific purpose, for any purpose as deemed 28 appropriate by the Director in administering the 29 responsibilities of the Department. 30 34. Upon the request of the Department of Children and 31 Family Services, the Department of State Police shall provide 32 properly designated employees of the Department of Children 33 and Family Services with criminal history record information 34 as defined in the Illinois Uniform Conviction Information Act HB1383 Re-Enrolled -35- LRB9103127MWgc 1 and information maintained in the adjudicatory and 2 dispositional record system as defined in subdivision (A)19 3 of this Section if the Department of Children and Family 4 Services determines the information is necessary to perform 5 its duties under the Abused and Neglected Child Reporting 6 Act, the Child Care Act of 1969, and the Children and Family 7 Services Act. The request shall be in the form and manner 8 specified by the Department of State Police. 9 35. The Illinois Department of Public Aid is an 10 authorized entity under this Section for the purpose of 11 obtaining access to various data repositories available 12 through LEADS, to facilitate the location of individuals for 13 establishing paternity, and establishing, modifying, and 14 enforcing child support obligations, pursuant to the Illinois 15 Public Aid Code and Title IV, Part D of the Social Security 16 Act. The Department shall enter into an agreement with the 17 Illinois Department of Public Aid consistent with these 18 purposes. 19 36. Upon request of the Department of Human Services, to 20 conduct an assessment and evaluation of sexually violent 21 persons as mandated by the Sexually Violent Persons 22 Commitment Act, the Department shall furnish criminal history 23 information maintained on the requested person. The request 24 shall be in the form and manner specified by the Department. 25 37. To exercise the powers and perform the duties 26 specifically assigned to the Department under the Wireless 27 Emergency Telephone Safety Act with respect to the 28 development and improvement of emergency communications 29 procedures and facilities in such a manner as to facilitate a 30 quick response to any person calling the number "9-1-1" 31 seeking police, fire, medical, or other emergency services 32 through a wireless carrier as defined in Section 10 of the 33 Wireless Emergency Telephone Safety Act. Nothing in the 34 Wireless Emergency Telephone Safety Act shall require the HB1383 Re-Enrolled -36- LRB9103127MWgc 1 Illinois State Police to provide wireless enhanced 9-1-1 2 services. 3 (B) The Department of State Police may establish and 4 maintain, within the Department of State Police, a Statewide 5 Organized Criminal Gang Database (SWORD) for the purpose of 6 tracking organized criminal gangs and their memberships. 7 Information in the database may include, but not be limited 8 to, the name, last known address, birth date, physical 9 descriptions (such as scars, marks, or tattoos), officer 10 safety information, organized gang affiliation, and entering 11 agency identifier. The Department may develop, in 12 consultation with the Criminal Justice Information Authority, 13 and in a form and manner prescribed by the Department, an 14 automated data exchange system to compile, to maintain, and 15 to make this information electronically available to 16 prosecutors and to other law enforcement agencies. The 17 information may be used by authorized agencies to combat the 18 operations of organized criminal gangs statewide. 19 (C) The Department of State Police may ascertain the 20 number of bilingual police officers and other personnel 21 needed to provide services in a language other than English 22 and may establish, under applicable personnel rules and 23 Department guidelines or through a collective bargaining 24 agreement, a bilingual pay supplement program. 25 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 26 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 27 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 28 (Text of Section after amendment by P.A. 90-590) 29 Sec. 55a. Powers and duties. 30 (A) The Department of State Police shall have the 31 following powers and duties, and those set forth in Sections 32 55a-1 through 55c: 33 1. To exercise the rights, powers and duties which have 34 been vested in the Department of Public Safety by the State HB1383 Re-Enrolled -37- LRB9103127MWgc 1 Police Act. 2 2. To exercise the rights, powers and duties which have 3 been vested in the Department of Public Safety by the State 4 Police Radio Act. 5 3. To exercise the rights, powers and duties which have 6 been vested in the Department of Public Safety by the 7 Criminal Identification Act. 8 4. To (a) investigate the origins, activities, personnel 9 and incidents of crime and the ways and means to redress the 10 victims of crimes, and study the impact, if any, of 11 legislation relative to the effusion of crime and growing 12 crime rates, and enforce the criminal laws of this State 13 related thereto, (b) enforce all laws regulating the 14 production, sale, prescribing, manufacturing, administering, 15 transporting, having in possession, dispensing, delivering, 16 distributing, or use of controlled substances and cannabis, 17 (c) employ skilled experts, scientists, technicians, 18 investigators or otherwise specially qualified persons to aid 19 in preventing or detecting crime, apprehending criminals, or 20 preparing and presenting evidence of violations of the 21 criminal laws of the State, (d) cooperate with the police of 22 cities, villages and incorporated towns, and with the police 23 officers of any county, in enforcing the laws of the State 24 and in making arrests and recovering property, (e) apprehend 25 and deliver up any person charged in this State or any other 26 State of the United States with treason, felony, or other 27 crime, who has fled from justice and is found in this State, 28 and (f) conduct such other investigations as may be provided 29 by law. Persons exercising these powers within the Department 30 are conservators of the peace and as such have all the powers 31 possessed by policemen in cities and sheriffs, except that 32 they may exercise such powers anywhere in the State in 33 cooperation with and after contact with the local law 34 enforcement officials. Such persons may use false or HB1383 Re-Enrolled -38- LRB9103127MWgc 1 fictitious names in the performance of their duties under 2 this paragraph, upon approval of the Director, and shall not 3 be subject to prosecution under the criminal laws for such 4 use. 5 5. To: (a) be a central repository and custodian of 6 criminal statistics for the State, (b) be a central 7 repository for criminal history record information, (c) 8 procure and file for record such information as is necessary 9 and helpful to plan programs of crime prevention, law 10 enforcement and criminal justice, (d) procure and file for 11 record such copies of fingerprints, as may be required by 12 law, (e) establish general and field crime laboratories, (f) 13 register and file for record such information as may be 14 required by law for the issuance of firearm owner's 15 identification cards, (g) employ polygraph operators, 16 laboratory technicians and other specially qualified persons 17 to aid in the identification of criminal activity, and (h) 18 undertake such other identification, information, laboratory, 19 statistical or registration activities as may be required by 20 law. 21 6. To (a) acquire and operate one or more radio 22 broadcasting stations in the State to be used for police 23 purposes, (b) operate a statewide communications network to 24 gather and disseminate information for law enforcement 25 agencies, (c) operate an electronic data processing and 26 computer center for the storage and retrieval of data 27 pertaining to criminal activity, and (d) undertake such other 28 communication activities as may be required by law. 29 7. To provide, as may be required by law, assistance to 30 local law enforcement agencies through (a) training, 31 management and consultant services for local law enforcement 32 agencies, and (b) the pursuit of research and the publication 33 of studies pertaining to local law enforcement activities. 34 8. To exercise the rights, powers and duties which have HB1383 Re-Enrolled -39- LRB9103127MWgc 1 been vested in the Department of State Police and the 2 Director of the Department of State Police by the Narcotic 3 Control Division Abolition Act. 4 9. To exercise the rights, powers and duties which have 5 been vested in the Department of Public Safety by the 6 Illinois Vehicle Code. 7 10. To exercise the rights, powers and duties which have 8 been vested in the Department of Public Safety by the Firearm 9 Owners Identification Card Act. 10 11. To enforce and administer such other laws in 11 relation to law enforcement as may be vested in the 12 Department. 13 12. To transfer jurisdiction of any realty title to 14 which is held by the State of Illinois under the control of 15 the Department to any other department of the State 16 government or to the State Employees Housing Commission, or 17 to acquire or accept Federal land, when such transfer, 18 acquisition or acceptance is advantageous to the State and is 19 approved in writing by the Governor. 20 13. With the written approval of the Governor, to enter 21 into agreements with other departments created by this Act, 22 for the furlough of inmates of the penitentiary to such other 23 departments for their use in research programs being 24 conducted by them. 25 For the purpose of participating in such research 26 projects, the Department may extend the limits of any 27 inmate's place of confinement, when there is reasonable cause 28 to believe that the inmate will honor his or her trust by 29 authorizing the inmate, under prescribed conditions, to leave 30 the confines of the place unaccompanied by a custodial agent 31 of the Department. The Department shall make rules governing 32 the transfer of the inmate to the requesting other department 33 having the approved research project, and the return of such 34 inmate to the unextended confines of the penitentiary. Such HB1383 Re-Enrolled -40- LRB9103127MWgc 1 transfer shall be made only with the consent of the inmate. 2 The willful failure of a prisoner to remain within the 3 extended limits of his or her confinement or to return within 4 the time or manner prescribed to the place of confinement 5 designated by the Department in granting such extension shall 6 be deemed an escape from custody of the Department and 7 punishable as provided in Section 3-6-4 of the Unified Code 8 of Corrections. 9 14. To provide investigative services, with all of the 10 powers possessed by policemen in cities and sheriffs, in and 11 around all race tracks subject to the Horse Racing Act of 12 1975. 13 15. To expend such sums as the Director deems necessary 14 from Contractual Services appropriations for the Division of 15 Criminal Investigation for the purchase of evidence and for 16 the employment of persons to obtain evidence. Such sums shall 17 be advanced to agents authorized by the Director to expend 18 funds, on vouchers signed by the Director. 19 16. To assist victims and witnesses in gang crime 20 prosecutions through the administration of funds appropriated 21 from the Gang Violence Victims and Witnesses Fund to the 22 Department. Such funds shall be appropriated to the 23 Department and shall only be used to assist victims and 24 witnesses in gang crime prosecutions and such assistance may 25 include any of the following: 26 (a) temporary living costs; 27 (b) moving expenses; 28 (c) closing costs on the sale of private residence; 29 (d) first month's rent; 30 (e) security deposits; 31 (f) apartment location assistance; 32 (g) other expenses which the Department considers 33 appropriate; and 34 (h) compensation for any loss of or injury to real HB1383 Re-Enrolled -41- LRB9103127MWgc 1 or personal property resulting from a gang crime to a 2 maximum of $5,000, subject to the following provisions: 3 (1) in the case of loss of property, the 4 amount of compensation shall be measured by the 5 replacement cost of similar or like property which 6 has been incurred by and which is substantiated by 7 the property owner, 8 (2) in the case of injury to property, the 9 amount of compensation shall be measured by the cost 10 of repair incurred and which can be substantiated by 11 the property owner, 12 (3) compensation under this provision is a 13 secondary source of compensation and shall be 14 reduced by any amount the property owner receives 15 from any other source as compensation for the loss 16 or injury, including, but not limited to, personal 17 insurance coverage, 18 (4) no compensation may be awarded if the 19 property owner was an offender or an accomplice of 20 the offender, or if the award would unjustly benefit 21 the offender or offenders, or an accomplice of the 22 offender or offenders. 23 No victim or witness may receive such assistance if he or 24 she is not a part of or fails to fully cooperate in the 25 prosecution of gang crime members by law enforcement 26 authorities. 27 The Department shall promulgate any rules necessary for 28 the implementation of this amendatory Act of 1985. 29 17. To conduct arson investigations. 30 18. To develop a separate statewide statistical police 31 contact record keeping system for the study of juvenile 32 delinquency. The records of this police contact system shall 33 be limited to statistical information. No individually 34 identifiable information shall be maintained in the police HB1383 Re-Enrolled -42- LRB9103127MWgc 1 contact statistical record system. 2 19. To develop a separate statewide central juvenile 3 records system for persons arrested prior to the age of 17 4 under Section 5-401 of the Juvenile Court Act of 1987 or 5 adjudicated delinquent minors and to make information 6 available to local law enforcement officers so that law 7 enforcement officers will be able to obtain rapid access to 8 the background of the minor from other jurisdictions to the 9 end that the juvenile police officers can make appropriate 10 decisions which will best serve the interest of the child and 11 the community. The Department shall submit a quarterly 12 report to the General Assembly and Governor which shall 13 contain the number of juvenile records that the Department 14 has received in that quarter and,a list, by category, of 15 offenses that minors were arrested for or convicted of by 16 age, race and gender. 17 20. To develop rules which guarantee the confidentiality 18 of such individually identifiable juvenile records except to 19 juvenile authorities who request information concerning the 20 minor and who certify in writing that the information will 21 not be disclosed to any other party except as provided under 22 law or order of court. For purposes of this Section, 23 "juvenile authorities" means: (i) a judge of the circuit 24 court and members of the staff of the court designated by the 25 judge; (ii) parties to the proceedings under the Juvenile 26 Court Act of 1987 and their attorneys; (iii) probation 27 officers and court appointed advocates for the juvenile 28 authorized by the judge hearing the case; (iv) any individual 29 or,public orofprivate agency having custody of the child 30 pursuant to court order; (v) any individual or,public or 31 private agency providing education, medical or mental health 32 service to the child when the requested information is needed 33 to determine the appropriate service or treatment for the 34 minor; (vi) any potential placement provider when such HB1383 Re-Enrolled -43- LRB9103127MWgc 1 release is authorized by the court for the limited purpose of 2 determining the appropriateness of the potential placement; 3 (vii) law enforcement officers and prosecutors; (viii) adult 4 and juvenile prisoner review boards; (ix) authorized military 5 personnel; (x) individuals authorized by court; (xi) the 6 Illinois General Assembly or any committee or commission 7 thereof. 8 21. To develop administrative rules and administrative 9 hearing procedures which allow a minor, his or her attorney, 10 and his or her parents or guardian access to individually 11 identifiable juvenile records for the purpose of determining 12 or challenging the accuracy of the records. Final 13 administrative decisions shall be subject to the provisions 14 of the Administrative Review Law. 15 22. To charge, collect, and receive fees or moneys 16 equivalent to the cost of providing Department of State 17 Police personnel, equipment, and services to local 18 governmental agencies when explicitly requested by a local 19 governmental agency and pursuant to an intergovernmental 20 agreement as provided by this Section, other State agencies, 21 and federal agencies, including but not limited to fees or 22 moneys equivalent to the cost of providing dispatching 23 services, radio and radar repair, and training to local 24 governmental agencies on such terms and conditions as in the 25 judgment of the Director are in the best interest of the 26 State; and to establish, charge, collect and receive fees or 27 moneys based on the cost of providing responses to requests 28 for criminal history record information pursuant to positive 29 identification and any Illinois or federal law authorizing 30 access to some aspect of such information and to prescribe 31 the form and manner for requesting and furnishing such 32 information to the requestor on such terms and conditions as 33 in the judgment of the Director are in the best interest of 34 the State, provided fees for requesting and furnishing HB1383 Re-Enrolled -44- LRB9103127MWgc 1 criminal history record information may be waived for 2 requests in the due administration of the criminal laws. The 3 Department may also charge, collect and receive fees or 4 moneys equivalent to the cost of providing electronic data 5 processing lines or related telecommunication services to 6 local governments, but only when such services can be 7 provided by the Department at a cost less than that 8 experienced by said local governments through other means. 9 All services provided by the Department shall be conducted 10 pursuant to contracts in accordance with the 11 Intergovernmental Cooperation Act, and all telecommunication 12 services shall be provided pursuant to the provisions of 13 Section 67.18 of this Code. 14 All fees received by the Department of State Police under 15 this Act or the Illinois Uniform Conviction Information Act 16 shall be deposited in a special fund in the State Treasury to 17 be known as the State Police Services Fund. The money 18 deposited in the State Police Services Fund shall be 19 appropriated to the Department of State Police for expenses 20 of the Department of State Police. 21 Upon the completion of any audit of the Department of 22 State Police as prescribed by the Illinois State Auditing 23 Act, which audit includes an audit of the State Police 24 Services Fund, the Department of State Police shall make the 25 audit open to inspection by any interested person. 26 23. To exercise the powers and perform the duties which 27 have been vested in the Department of State Police by the 28 Intergovernmental Missing Child Recovery Act of 1984, and to 29 establish reasonable rules and regulations necessitated 30 thereby. 31 24. (a) To establish and maintain a statewide Law 32 Enforcement Agencies Data System (LEADS) for the purpose of 33 providing electronic access by authorized entities to 34 criminal justice data repositories and effecting an immediate HB1383 Re-Enrolled -45- LRB9103127MWgc 1 law enforcement response to reports of missing persons, 2 including lost, missing or runaway minors. The Department 3 shall implement an automatic data exchange system to compile, 4 to maintain and to make available to other law enforcement 5 agencies for immediate dissemination data which can assist 6 appropriate agencies in recovering missing persons and 7 provide access by authorized entities to various data 8 repositories available through LEADS for criminal justice and 9 related purposes. To assist the Department in this effort, 10 funds may be appropriated from the LEADS Maintenance Fund. 11 (b) In exercising its duties under this subsection, the 12 Department shall: 13 (1) provide a uniform reporting format for the 14 entry of pertinent information regarding the report of a 15 missing person into LEADS; 16 (2) develop and implement a policy whereby a 17 statewide or regional alert would be used in situations 18 relating to the disappearances of individuals, based on 19 criteria and in a format established by the Department. 20 Such a format shall include, but not be limited to, the 21 age of the missing person and the suspected circumstance 22 of the disappearance; 23 (3) notify all law enforcement agencies that 24 reports of missing persons shall be entered as soon as 25 the minimum level of data specified by the Department is 26 available to the reporting agency, and that no waiting 27 period for the entry of such data exists; 28 (4) compile and retain information regarding lost, 29 abducted, missing or runaway minors in a separate data 30 file, in a manner that allows such information to be used 31 by law enforcement and other agencies deemed appropriate 32 by the Director, for investigative purposes. Such 33 information shall include the disposition of all reported 34 lost, abducted, missing or runaway minor cases; HB1383 Re-Enrolled -46- LRB9103127MWgc 1 (5) compile and maintain an historic data 2 repository relating to lost, abducted, missing or runaway 3 minors and other missing persons in order to develop and 4 improve techniques utilized by law enforcement agencies 5 when responding to reports of missing persons; and 6 (6) create a quality control program regarding 7 confirmation of missing person data, timeliness of 8 entries of missing person reports into LEADS and 9 performance audits of all entering agencies. 10 25. On request of a school board or regional 11 superintendent of schools, to conduct an inquiry pursuant to 12 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 13 an applicant for employment in a school district has been 14 convicted of any criminal or drug offenses enumerated in 15 Section 10-21.9 or 34-18.5 of the School Code. The 16 Department shall furnish such conviction information to the 17 President of the school board of the school district which 18 has requested the information, or if the information was 19 requested by the regional superintendent to that regional 20 superintendent. 21 26. To promulgate rules and regulations necessary for 22 the administration and enforcement of its powers and duties, 23 wherever granted and imposed, pursuant to the Illinois 24 Administrative Procedure Act. 25 27. To (a) promulgate rules pertaining to the 26 certification, revocation of certification and training of 27 law enforcement officers as electronic criminal surveillance 28 officers, (b) provide training and technical assistance to 29 State's Attorneys and local law enforcement agencies 30 pertaining to the interception of private oral 31 communications, (c) promulgate rules necessary for the 32 administration of Article 108B of the Code of Criminal 33 Procedure of 1963, including but not limited to standards for 34 recording and minimization of electronic criminal HB1383 Re-Enrolled -47- LRB9103127MWgc 1 surveillance intercepts, documentation required to be 2 maintained during an intercept, procedures in relation to 3 evidence developed by an intercept, and (d) charge a 4 reasonable fee to each law enforcement agency that sends 5 officers to receive training as electronic criminal 6 surveillance officers. 7 28. Upon the request of any private organization which 8 devotes a major portion of its time to the provision of 9 recreational, social, educational or child safety services to 10 children, to conduct, pursuant to positive identification, 11 criminal background investigations of all of that 12 organization's current employees, current volunteers, 13 prospective employees or prospective volunteers charged with 14 the care and custody of children during the provision of the 15 organization's services, and to report to the requesting 16 organization any record of convictions maintained in the 17 Department's files about such persons. The Department shall 18 charge an application fee, based on actual costs, for the 19 dissemination of conviction information pursuant to this 20 subsection. The Department is empowered to establish this 21 fee and shall prescribe the form and manner for requesting 22 and furnishing conviction information pursuant to this 23 subsection. Information received by the organization from the 24 Department concerning an individual shall be provided to such 25 individual. Any such information obtained by the 26 organization shall be confidential and may not be transmitted 27 outside the organization and may not be transmitted to anyone 28 within the organization except as needed for the purpose of 29 evaluating the individual. Only information and standards 30 which bear a reasonable and rational relation to the 31 performance of child care shall be used by the organization. 32 Any employee of the Department or any member, employee or 33 volunteer of the organization receiving confidential 34 information under this subsection who gives or causes to be HB1383 Re-Enrolled -48- LRB9103127MWgc 1 given any confidential information concerning any criminal 2 convictions of an individual shall be guilty of a Class A 3 misdemeanor unless release of such information is authorized 4 by this subsection. 5 29. Upon the request of the Department of Children and 6 Family Services, to investigate reports of child abuse or 7 neglect. 8 30. To obtain registration of a fictitious vital record 9 pursuant to Section 15.1 of the Vital Records Act. 10 31. To collect and disseminate information relating to 11 "hate crimes" as defined under Section 12-7.1 of the Criminal 12 Code of 1961 contingent upon the availability of State or 13 Federal funds to revise and upgrade the Illinois Uniform 14 Crime Reporting System. All law enforcement agencies shall 15 report monthly to the Department of State Police concerning 16 such offenses in such form and in such manner as may be 17 prescribed by rules and regulations adopted by the Department 18 of State Police. Such information shall be compiled by the 19 Department and be disseminated upon request to any local law 20 enforcement agency, unit of local government, or state 21 agency. Dissemination of such information shall be subject 22 to all confidentiality requirements otherwise imposed by law. 23 The Department of State Police shall provide training for 24 State Police officers in identifying, responding to, and 25 reporting all hate crimes. The Illinois Law Enforcement 26 Training Standards Board shall develop and certify a course 27 of such training to be made available to local law 28 enforcement officers. 29 32. Upon the request of a private carrier company that 30 provides transportation under Section 28b of the Metropolitan 31 Transit Authority Act, to ascertain if an applicant for a 32 driver position has been convicted of any criminal or drug 33 offense enumerated in Section 28b of the Metropolitan Transit 34 Authority Act. The Department shall furnish the conviction HB1383 Re-Enrolled -49- LRB9103127MWgc 1 information to the private carrier company that requested the 2 information. 3 33. To apply for grants or contracts, receive, expend, 4 allocate, or disburse funds and moneys made available by 5 public or private entities, including, but not limited to, 6 contracts, bequests, grants, or receiving equipment from 7 corporations, foundations, or public or private institutions 8 of higher learning. All funds received by the Department 9 from these sources shall be deposited into the appropriate 10 fund in the State Treasury to be appropriated to the 11 Department for purposes as indicated by the grantor or 12 contractor or, in the case of funds or moneys bequeathed or 13 granted for no specific purpose, for any purpose as deemed 14 appropriate by the Director in administering the 15 responsibilities of the Department. 16 34. Upon the request of the Department of Children and 17 Family Services, the Department of State Police shall provide 18 properly designated employees of the Department of Children 19 and Family Services with criminal history record information 20 as defined in the Illinois Uniform Conviction Information Act 21 and information maintained in the Statewide Central Juvenile 22 record system as defined in subdivision (A)19 of this Section 23 if the Department of Children and Family Services determines 24 the information is necessary to perform its duties under the 25 Abused and Neglected Child Reporting Act, the Child Care Act 26 of 1969, and the Children and Family Services Act. The 27 request shall be in the form and manner specified by the 28 Department of State Police. 29 35. The Illinois Department of Public Aid is an 30 authorized entity under this Section for the purpose of 31 exchanging information, in the form and manner required by 32 the Department of State Police,obtaining access to various33data repositories available through LEADS,to facilitate the 34 location of individuals for establishing paternity, and HB1383 Re-Enrolled -50- LRB9103127MWgc 1 establishing, modifying, and enforcing child support 2 obligations, pursuant to the Illinois Public Aid Code and 3 Title IV, PartSectionD of the Social Security Act.The4Department shall enter into an agreement with the Illinois5Department of Public Aid consistent with these purposes.6 36. Upon request of the Department of Human Services, to 7 conduct an assessment and evaluation of sexually violent 8 persons as mandated by the Sexually Violent Persons 9 Commitment Act, the Department shall furnish criminal history 10 information maintained on the requested person. The request 11 shall be in the form and manner specified by the Department. 12 37. To exercise the powers and perform the duties 13 specifically assigned to the Department under the Wireless 14 Emergency Telephone Safety Act with respect to the 15 development and improvement of emergency communications 16 procedures and facilities in such a manner as to facilitate a 17 quick response to any person calling the number "9-1-1" 18 seeking police, fire, medical, or other emergency services 19 through a wireless carrier as defined in Section 10 of the 20 Wireless Emergency Telephone Safety Act. Nothing in the 21 Wireless Emergency Telephone Safety Act shall require the 22 Illinois State Police to provide wireless enhanced 9-1-1 23 services. 24 (B) The Department of State Police may establish and 25 maintain, within the Department of State Police, a Statewide 26 Organized Criminal Gang Database (SWORD) for the purpose of 27 tracking organized criminal gangs and their memberships. 28 Information in the database may include, but not be limited 29 to, the name, last known address, birth date, physical 30 descriptions (such as scars, marks, or tattoos), officer 31 safety information, organized gang affiliation, and entering 32 agency identifier. The Department may develop, in 33 consultation with the Criminal Justice Information Authority, 34 and in a form and manner prescribed by the Department, an HB1383 Re-Enrolled -51- LRB9103127MWgc 1 automated data exchange system to compile, to maintain, and 2 to make this information electronically available to 3 prosecutors and to other law enforcement agencies. The 4 information may be used by authorized agencies to combat the 5 operations of organized criminal gangs statewide. 6 (C) The Department of State Police may ascertain the 7 number of bilingual police officers and other personnel 8 needed to provide services in a language other than English 9 and may establish, under applicable personnel rules and 10 Department guidelines or through a collective bargaining 11 agreement, a bilingual pay supplement program. 12 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 13 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 14 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 15 1-21-99.) 16 Section 810. The State Finance Act is amended by adding 17 Sections 5.490, 5.491, 5.492, and 8.36 as follows: 18 (30 ILCS 105/5.490 new) 19 Sec. 5.490. Wireless Service Emergency Fund. 20 (30 ILCS 105/5.491 new) 21 Sec. 5.491. State Police Wireless Service Emergency 22 Fund. 23 (30 ILCS 105/5.492 new) 24 Sec. 5.492. Wireless Carrier Reimbursement Fund. 25 (30 ILCS 105/8.36 new) 26 Sec. 8.36. State Police Wireless Service Emergency Fund. 27 (a) The State Police Wireless Service Emergency Fund is 28 created as a special fund in the State Treasury. 29 (b) Grants to the Department of State Police from the HB1383 Re-Enrolled -52- LRB9103127MWgc 1 Wireless Service Emergency Fund shall be deposited into the 2 State Police Wireless Service Emergency Fund and shall be 3 used in accordance with Section 20 of the Wireless Emergency 4 Telephone Safety Act. 5 (c) On July 1, 1999, the State Comptroller and State 6 Treasurer shall transfer $1,300,000 from the General Revenue 7 Fund to the State Police Wireless Service Emergency Fund. On 8 June 30, 2003 the State Comptroller and State Treasurer shall 9 transfer $1,300,000 from the State Police Wireless Service 10 Emergency Fund to the General Revenue Fund. 11 Section 995. No acceleration or delay. Where this Act 12 makes changes in a statute that is represented in this Act by 13 text that is not yet or no longer in effect (for example, a 14 Section represented by multiple versions), the use of that 15 text does not accelerate or delay the taking effect of (i) 16 the changes made by this Act or (ii) provisions derived from 17 any other Public Act. 18 Section 999. Effective date. This Act takes effect July 19 1, 1999.