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91_HB1383eng HB1383 Engrossed 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 Engrossed -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 Engrossed -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 "WEES Trust Fund" means the Wireless Enhanced 9-1-1 16 Emergency System Trust Fund. 17 "Wireless carrier" means a provider of two-way cellular, 18 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial 19 Mobile Radio Service (CMRS), Wireless Communications Service 20 (WCS), or other Commercial Mobile Radio Service (CMRS), as 21 defined by the Federal Communications Commission, offering 22 radio communications that may provide fixed, mobile, radio 23 location, or satellite communication services to individuals 24 or businesses within its assigned spectrum block and 25 geographical area or that offers real-time, two-way voice 26 service that is interconnected with the public switched 27 network, including a reseller of such service. 28 "Wireless enhanced 9-1-1" means the ability to relay the 29 telephone number of the originator of a 9-1-1 call and the 30 location of the cell site or base station receiving a 9-1-1 31 call from any mobile handset or text telephone device 32 accessing the wireless system to the designated wireless 33 public safety answering point through the use of automatic 34 number identification and pseudo-automatic number HB1383 Engrossed -4- LRB9103127MWgc 1 identification. 2 "Wireless public safety answering point" means the 3 functional division of an emergency telephone system board, 4 qualified governmental entity, or the Department of State 5 Police accepting wireless 9-1-1 calls. 6 "Wireless subscriber" means an individual or entity to 7 whom a wireless service account or number has been assigned 8 by a wireless carrier. 9 Section 15. Wireless emergency 9-1-1 service. The 10 digits "9-1-1" shall be the designated emergency telephone 11 number within the wireless system. 12 (a) Standards. The Illinois Commerce Commission may set 13 non-discriminatory, uniform technical and operational 14 standards consistent with the rules of the Federal 15 Communications Commission for directing calls to authorized 16 public safety answering points. These standards shall not in 17 any way prescribe the technology or manner a wireless carrier 18 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls 19 and these standards shall not exceed the requirements set by 20 the Federal Communications Commission. However, standards 21 for directing calls to the authorized public safety answering 22 point shall be met. The authority given to the Illinois 23 Commerce Commission in this Section is limited to setting 24 standards as set forth herein and does not constitute 25 authority to regulate wireless carriers. 26 (b) Wireless public safety answering points. For the 27 purpose of providing wireless 9-1-1 emergency services, an 28 emergency telephone system board or, in the absence of an 29 emergency telephone system board, a qualified governmental 30 entity may declare its intention for one or more of its 31 public safety answering points to serve as a primary wireless 32 9-1-1 public safety answering point for its jurisdiction by 33 notifying the Chief Clerk of the Illinois Commerce Commission HB1383 Engrossed -5- LRB9103127MWgc 1 and the Director of State Police in writing within 6 months 2 after the effective date of this Act or within 6 months after 3 receiving its authority to operate a 9-1-1 system under the 4 Emergency Telephone System Act. In addition, 2 or more 5 emergency telephone system boards or qualified units of local 6 government may, by virtue of an intergovernmental agreement, 7 provide wireless 9-1-1 service. The Department of State 8 Police shall be the primary wireless 9-1-1 public safety 9 answering point for any jurisdiction not providing notice to 10 the Commission and the Department of State Police. Nothing 11 in this Act shall require the provision of wireless enhanced 12 9-1-1 services. 13 The Illinois Commerce Commission, upon a joint request 14 from the Department of State Police and a qualified 15 governmental entity or an emergency telephone system board, 16 may grant authority to the emergency telephone system board 17 or a qualified governmental entity to provide wireless 9-1-1 18 service in areas for which the Department of State Police has 19 accepted wireless 9-1-1 responsibility. The Illinois 20 Commerce Commission shall maintain a current list of all 21 9-1-1 systems and qualified governmental entities providing 22 wireless 9-1-1 service under this Act. 23 Any emergency telephone system board or qualified 24 governmental entity providing wireless 9-1-1 service prior to 25 the effective date of this Act may continue to operate upon 26 notification as previously described in this Section. An 27 emergency telephone system board or a qualified governmental 28 entity shall submit, with its notification, the date upon 29 which it commenced operating. 30 (c) Wireless Enhanced 9-1-1 Board. The Wireless 31 Enhanced 9-1-1 Board is created. The Board consists of 7 32 members appointed by the Governor with the advice and consent 33 of the Senate. It is recommended that the Governor appoint 34 members from the following: the Illinois Chapter of the HB1383 Engrossed -6- LRB9103127MWgc 1 National Emergency Numbers Association, the Illinois State 2 Police, law enforcement agencies, the wireless 3 telecommunications industry, an emergency telephone system 4 board in Cook County (outside the City of Chicago), an 5 emergency telephone system board in the Metro-east area, and 6 an emergency telephone system board in the collar counties 7 (Lake, McHenry, DuPage, Kane, and Will counties). Members of 8 the Board may not receive any compensation but may, however, 9 be reimbursed for any necessary expenditure in connection 10 with their duties. 11 Except as provided in paragraph (10) of subsection (d) of 12 this Section, the Wireless Enhanced 9-1-1 Board shall set the 13 amount of the monthly wireless surcharge required to be 14 imposed under subsection (d) of this Section on all wireless 15 subscribers in this State. The surcharge may not be more 16 than $0.75 per month per CMRS connection. 17 The Wireless Enhanced 9-1-1 Board shall report to the 18 General Assembly by January 1, 2000 on implementing wireless 19 non-emergency services for the purpose of public safety using 20 the digits 3-1-1. The Board shall consider the purpose of 21 public safety using the digits 3-1-1. The Board shall 22 consider the delivery of 3-1-1 services in a 6 county area, 23 including rural Cook County (outside of the City of Chicago), 24 and DuPage, Lake, McHenry, Will, and Kane Counties, as well 25 as counties outside of this area by an emergency telephone 26 system board, a qualified governmental entity, or private 27 industry. Upon filing its report, the Board is dissolved. 28 (d) Wireless carrier surcharge. 29 (1) Except as provided in paragraph (10) of this 30 subsection (d), each wireless carrier shall impose a 31 monthly wireless carrier surcharge per CMRS connection 32 that either has a telephone number within an area code 33 assigned to Illinois by the North American Numbering Plan 34 Administrator or has a billing address in this State. HB1383 Engrossed -7- LRB9103127MWgc 1 The wireless carrier that provides wireless service to 2 the subscriber shall collect the surcharge set by the 3 Wireless Enhanced 9-1-1 Board from the subscriber. The 4 surcharge shall be stated as a separate item on the 5 subscriber's monthly bill. The wireless carrier shall 6 begin collecting the surcharge on bills issued within 90 7 days after the Wireless Enhanced 9-1-1 Board sets the 8 monthly wireless surcharge. State and local taxes shall 9 not apply to the wireless carrier surcharge. 10 (2) Except as provided in paragraph (10) of this 11 subsection (d), the wireless carrier collecting the 12 surcharge may retain 1% of the amount of the wireless 13 carrier surcharge collected from each subscriber in the 14 State each month as reimbursement for its expenses 15 incurred in collecting the surcharge, including 16 accounting and related expenses. 17 (3) Except as provided in paragraphs (2) and (10) 18 of this subsection (d), a wireless carrier shall, within 19 45 days of collection, remit, either by check or by 20 electronic funds transfer, to the State Treasurer 1/3 of 21 the amount of the wireless carrier surcharge collected 22 from each subscriber for recovery of its cost of 23 implementing wireless enhanced 9-1-1 services, including 24 costs and expenses incurred in designing, upgrading, 25 purchasing, leasing, programming, installing, testing, or 26 maintaining all necessary hardware and software required 27 to provide service as well as the costs of operating the 28 service. These costs may be both recurring and 29 non-recurring. The Treasurer shall deposit all the 30 payments into the WEES Trust Fund, created by this Act, 31 within 14 days after payments are received from the 32 wireless carriers. Moneys deposited into the WEES Trust 33 Fund shall be used exclusively to reimburse wireless 34 carriers for establishing and maintaining their enhanced HB1383 Engrossed -8- LRB9103127MWgc 1 9-1-1 emergency systems and for payment of the 2 administrative costs of the WEES Trust Fund. 3 (4) (A) A wireless carrier may recover all of its 4 costs incurred for the purposes of compliance with 5 the applicable provisions of Federal Communications 6 Commission wireless enhanced 9-1-1 service mandates 7 from the WEES Trust Fund. Those purposes shall 8 include, but not be limited to, the cost for 9 upgrading, purchasing, programming, and installing 10 necessary data, hardware, and software and 11 associated administrative costs and overhead. 12 (B) To recover costs from the WEES Trust Fund, 13 the wireless carrier shall submit to the State 14 Treasurer sworn invoices. Sworn invoices must be 15 submitted to the Treasurer in connection with any 16 request for payment. In no event shall any invoice 17 for payment be approved for payment of costs that 18 are not related to compliance with the requirements 19 established by the wireless enhanced 9-1-1 mandates 20 of the Federal Communications Commission, or for any 21 payment with respect to any wireless enhanced 9-1-1 22 service that is not operable at the time the invoice 23 is submitted, or for payment of any costs of any 24 wireless carrier exceeding 125% of the wireless 25 emergency services charges remitted to the WEES 26 Trust Fund by the wireless carrier under paragraph 27 (3) of this subsection (d) unless the wireless 28 carrier received prior approval for the expenditures 29 from the State Treasurer. If the total amount of 30 invoices submitted to the Treasurer and approved for 31 payment exceeds the amount in the WEES Trust Fund in 32 any month, wireless providers that have invoices 33 approved for payment shall receive a pro-rata share 34 of the amount available in the WEES Trust Fund based HB1383 Engrossed -9- LRB9103127MWgc 1 on the relative amount of their approved invoices 2 available that month, and the balance of the 3 payments shall be carried into the following months, 4 and shall include appropriate interest at the 5 statutory rate, until all of the approved payments 6 are made. 7 (5)(A) Except as provided in paragraphs (2), (3), 8 and (10) of this subsection (d), all surcharge 9 moneys collected by the wireless carrier shall be 10 remitted monthly, either by check or electronic 11 funds transfer, not later than 45 days after being 12 collected to the Wireless Emergency Telephone System 13 Distribution Fund established by the Illinois 14 Sheriffs' Association, a 501(c)(3) not-for-profit 15 corporation or its affiliate. The first such 16 remittance by wireless carriers shall include the 17 number of customers by zip code, and the 9-digit zip 18 code if currently being used or later implemented by 19 the carrier, that shall be the means by which the 20 Emergency Telephone System Distribution Fund shall 21 determine its formulation of proper surcharge 22 remittance. This information shall be updated no 23 less often than every year. Wireless carriers are 24 not required to remit surcharge moneys that are 25 billed to subscribers but not yet collected. 26 (B) The Wireless Emergency Telephone System 27 Distribution Fund shall engage an independent 28 auditing firm to conduct an annual audit in 29 accordance with generally accepted accounting 30 principals (GAAP) and to perform agreed upon 31 procedures to test the compliance of the 32 distribution of the funds in accordance with the 33 provisions of this Act. 34 (6) The Wireless Emergency Telephone System HB1383 Engrossed -10- LRB9103127MWgc 1 Distribution Fund shall, within 45 days of receipt, remit 2 monthly all surcharge moneys, minus 2% of the amount of 3 the wireless carrier surcharge collected from each 4 subscriber in the State for administrative expenses, to 5 the emergency telephone system board or, in the absence 6 of an emergency telephone system board, to the 7 appropriate and qualified governmental entity providing 8 wireless 9-1-1 service. Proper surcharge remittance to 9 the appropriate emergency telephone system board or 10 qualified governmental entity or the Department of State 11 Police shall initially be determined based upon the 12 United States Postal Zip Code of the wireless 13 subscriber's billing address. In areas of overlapping 14 jurisdiction distribution shall be made based upon 15 notification to the Fund from the responsible emergency 16 telephone system board or qualified governmental entity 17 through reference to an official Master Street Address 18 Guide provided to the Fund by the emergency telephone 19 system board or qualified governmental entity whose 20 public service answering points provide wireless 9-1-1 21 service. The emergency telephone system board or 22 qualified governmental entity shall provide the Fund with 23 a valid copy of the appropriate Master Street Address 24 Guide. Where there is no emergency telephone system 25 board or qualified governmental entity, the appropriate 26 surcharge moneys shall be remitted to the State Wireless 27 Service Emergency Fund, an interest-bearing special fund 28 established in the State treasury. The Department of 29 State Police shall have no duty to verify jurisdictional 30 responsibility. 31 (7) In the event of a subscriber billing address 32 being matched to an incorrect jurisdiction by the 33 Wireless Emergency Telephone System Distribution Fund, 34 the recipient shall redirect the funds to the correct HB1383 Engrossed -11- LRB9103127MWgc 1 jurisdiction. The Wireless Emergency Telephone System 2 Distribution Fund agent or agents shall not be held 3 liable for any damages unless the act or omission 4 constitutes gross negligence, recklessness, or 5 intentional misconduct. 6 (8) Moneys in the State Wireless Service Emergency 7 Fund shall be used by the Department of State Police, 8 subject to appropriation, only for the design, 9 implementation, operation, maintenance, or upgrade of 10 wireless 9-1-1 or E9-1-1 emergency services and public 11 safety answering points. 12 The moneys received by the Department of State 13 Police from the State Wireless Service Emergency Fund, in 14 any year, may be used for any costs relating to the 15 leasing, modification, or maintenance of any building or 16 facility used to house personnel or equipment associated 17 with the operation of wireless 9-1-1 or wireless E9-1-1 18 emergency services as required by the Department of State 19 Police to ensure service in those areas where service is 20 not otherwise provided. 21 Moneys from the State Wireless Service Emergency 22 Fund may not be used to pay for or recover any costs 23 associated with public safety agency equipment or 24 personnel dispatched in response to wireless 9-1-1 or 25 wireless E9-1-1 emergency calls. 26 (9) Because of the highly competitive nature of the 27 wireless telephone industry, a public disclosure of 28 information about surcharge moneys paid by wireless 29 carriers could have the effect of stifling competition to 30 the detriment of the public and the delivery of wireless 31 9-1-1 services. Therefore, the Department of State 32 Police, the Wireless Emergency Telephone System 33 Distribution Fund, governmental agencies, or individuals 34 with access to that information shall take appropriate HB1383 Engrossed -12- LRB9103127MWgc 1 steps to prevent public disclosure of this information. 2 Information and data supporting the amount and 3 distribution of surcharge moneys collected and remitted 4 by an individual wireless carrier shall be deemed exempt 5 information for purposes of the Freedom of Information 6 Act and shall not be publicly disclosed. The gross 7 amount paid by all carriers shall not be deemed exempt 8 and may be publicly disclosed. 9 (10) Notwithstanding any other provisions of this 10 Act, a unit of local government or emergency telephone 11 system board providing wireless 9-1-1 service and 12 imposing and collecting a wireless carrier surcharge 13 prior to July 1, 1998 may continue its practices of 14 imposing and collecting its wireless carrier surcharge, 15 but in no event shall that monthly surcharge exceed $1.25 16 per each CMRS connection or in-service telephone number 17 billed on a monthly basis. 18 (e) Wireless Enhanced 9-1-1 Emergency System Trust Fund. 19 (1) There is created in the State treasury a 20 special fund to be known as the Wireless Enhanced 9-1-1 21 Emergency System Trust Fund for the purpose of providing 22 payment to wireless carriers for their cost of providing 23 wireless enhanced 9-1-1 service, as prescribed by Federal 24 Communications Commission wireless enhanced 9-1-1 25 mandates. However, a wireless carrier may not receive 26 payment from the WEES Trust Fund for its costs of 27 providing wireless enhanced 9-1-1 services where the unit 28 of local government or emergency telephone system board 29 provides wireless 9-1-1 services and was imposing and 30 collecting a wireless carrier surcharge prior to July 1, 31 1998. 32 (2) The State Treasurer shall be the custodian of 33 the WEES Trust Fund. 34 (3) Amounts in the WEES Trust Fund, not currently HB1383 Engrossed -13- LRB9103127MWgc 1 required to meet the payment obligations of the WEES 2 Trust Fund as prescribed in paragraph (4) of subsection 3 (d), shall be invested as provided by law and all 4 interest earned from the investment shall be retained in 5 the WEES Trust Fund and used to meet its obligations. 6 (4) The State Treasurer shall maintain with a 7 corporation qualified to administer trusts in this State 8 under the Corporate Fiduciary Act for the funds deposited 9 with the State Treasurer a limited agency, custodial, or 10 depository account or other type of account for the 11 safekeeping of those funds and for collecting the income 12 from those funds and providing supportive accounting 13 services relating to the safekeeping and collection. 14 Such a corporation, in safekeeping the funds, shall have 15 all the powers, rights, duties, and responsibilities that 16 it has for holding securities in its fiduciary accounts 17 under the Securities in Fiduciary Accounts Act. 18 (5) The moneys received for the WEES Trust Fund 19 shall not be subject to appropriation by the General 20 Assembly but shall be held and invested by the State 21 Treasurer separate and apart from the State treasury. 22 The Treasurer shall invest the money received as provided 23 in the trust agreement. 24 (6) The State Treasurer shall maintain detailed 25 records of all receipts and disbursement in the same 26 manner as required for trustees under the Trusts and 27 Trustees Act. The Treasurer shall provide an annual 28 accounting of all receipts, disbursements, and inventory 29 to the Auditor General. 30 (7) The Auditor General shall audit the WEES Trust 31 Fund from time to time, as deemed necessary by the 32 Auditor General. The State Comptroller shall prescribe 33 any rules or guidelines deemed necessary for the 34 administration, regulation, or operation of the WEES HB1383 Engrossed -14- LRB9103127MWgc 1 Trust Fund. 2 Section 20. Limitation of liability. Notwithstanding any 3 other provision of law, in no event shall a unit of local 4 government, the Department of State Police, the Wireless 5 Emergency Telephone System Distribution Fund, or a public 6 safety agency, public safety answering point, emergency 7 telephone system board, or wireless carrier, or their 8 officers, employees, assigns, or agents, be liable for any 9 form of civil damages or criminal liability that directly or 10 indirectly results from, or is caused by, any act or omission 11 in the development, design, installation, operation, 12 maintenance, performance, or provision of wireless 9-1-1 or 13 wireless E9-1-1 service unless the act or omission 14 constitutes gross negligence, recklessness, or intentional 15 misconduct. A unit of local government, the Department of 16 State Police, the Wireless Emergency Telephone Distribution 17 Fund, or a public safety agency, public safety answering 18 point, emergency telephone system board, or wireless carrier, 19 or their officers, employees, assigns, or agents, shall not 20 be liable for any form of civil damages or criminal liability 21 that directly or indirectly results from, or is caused by, 22 the release of subscriber information to any governmental 23 entity as required under the provisions of this Act unless 24 the release constitutes gross negligence, recklessness, or 25 intentional misconduct. 26 Section 25. Severability. If any provision of this Act or 27 its application to any person or circumstance is held 28 invalid, the invalidity of that provision or application does 29 not affect other provisions or applications of this Act that 30 can be given effect without the invalid application or 31 provision. HB1383 Engrossed -15- LRB9103127MWgc 1 Section 30. Home rule. A home rule unit, other than a 2 home rule municipality having a population in excess of 3 500,000 and that imposes its own surcharge on wireless 4 carriers on the effective date of this Act, may not impose a 5 separate surcharge on wireless 9-1-1 service in addition to 6 the State imposed surcharge on wireless 9-1-1 under this Act. 7 This Section is a limitation under subsection (g) of Section 8 6 of Article VII of the Illinois Constitution on the powers 9 and functions of home rule units not exercised or performed 10 by the State. 11 Section 35. Review. This Act and any regulation 12 established by a State agency pursuant to this Act shall be 13 reviewed by the Auditor General prior to October 1, 2001. 14 Section 40. Expiration. This Act is repealed on April 15 1, 2005. 16 Section 800. The Freedom of Information Act is amended 17 by changing Section 7 as follows: 18 (5 ILCS 140/7) (from Ch. 116, par. 207) 19 Sec. 7. Exemptions. 20 (1) The following shall be exempt from inspection and 21 copying: 22 (a) Information specifically prohibited from 23 disclosure by federal or State law or rules and 24 regulations adopted under federal or State law. 25 (b) Information that, if disclosed, would 26 constitute a clearly unwarranted invasion of personal 27 privacy, unless the disclosure is consented to in writing 28 by the individual subjects of the information. The 29 disclosure of information that bears on the public duties 30 of public employees and officials shall not be considered HB1383 Engrossed -16- LRB9103127MWgc 1 an invasion of personal privacy. Information exempted 2 under this subsection (b) shall include but is not 3 limited to: 4 (i) files and personal information maintained 5 with respect to clients, patients, residents, 6 students or other individuals receiving social, 7 medical, educational, vocational, financial, 8 supervisory or custodial care or services directly 9 or indirectly from federal agencies or public 10 bodies; 11 (ii) personnel files and personal information 12 maintained with respect to employees, appointees or 13 elected officials of any public body or applicants 14 for those positions; 15 (iii) files and personal information 16 maintained with respect to any applicant, registrant 17 or licensee by any public body cooperating with or 18 engaged in professional or occupational 19 registration, licensure or discipline; 20 (iv) information required of any taxpayer in 21 connection with the assessment or collection of any 22 tax unless disclosure is otherwise required by State 23 statute; and 24 (v) information revealing the identity of 25 persons who file complaints with or provide 26 information to administrative, investigative, law 27 enforcement or penal agencies; provided, however, 28 that identification of witnesses to traffic 29 accidents, traffic accident reports, and rescue 30 reports may be provided by agencies of local 31 government, except in a case for which a criminal 32 investigation is ongoing, without constituting a 33 clearly unwarranted per se invasion of personal 34 privacy under this subsection. HB1383 Engrossed -17- LRB9103127MWgc 1 (c) Records compiled by any public body for 2 administrative enforcement proceedings and any law 3 enforcement or correctional agency for law enforcement 4 purposes or for internal matters of a public body, but 5 only to the extent that disclosure would: 6 (i) interfere with pending or actually and 7 reasonably contemplated law enforcement proceedings 8 conducted by any law enforcement or correctional 9 agency; 10 (ii) interfere with pending administrative 11 enforcement proceedings conducted by any public 12 body; 13 (iii) deprive a person of a fair trial or an 14 impartial hearing; 15 (iv) unavoidably disclose the identity of a 16 confidential source or confidential information 17 furnished only by the confidential source; 18 (v) disclose unique or specialized 19 investigative techniques other than those generally 20 used and known or disclose internal documents of 21 correctional agencies related to detection, 22 observation or investigation of incidents of crime 23 or misconduct; 24 (vi) constitute an invasion of personal 25 privacy under subsection (b) of this Section; 26 (vii) endanger the life or physical safety of 27 law enforcement personnel or any other person; or 28 (viii) obstruct an ongoing criminal 29 investigation. 30 (d) Criminal history record information maintained 31 by State or local criminal justice agencies, except the 32 following which shall be open for public inspection and 33 copying: 34 (i) chronologically maintained arrest HB1383 Engrossed -18- LRB9103127MWgc 1 information, such as traditional arrest logs or 2 blotters; 3 (ii) the name of a person in the custody of a 4 law enforcement agency and the charges for which 5 that person is being held; 6 (iii) court records that are public; 7 (iv) records that are otherwise available 8 under State or local law; or 9 (v) records in which the requesting party is 10 the individual identified, except as provided under 11 part (vii) of paragraph (c) of subsection (1) of 12 this Section. 13 "Criminal history record information" means data 14 identifiable to an individual and consisting of 15 descriptions or notations of arrests, detentions, 16 indictments, informations, pre-trial proceedings, trials, 17 or other formal events in the criminal justice system or 18 descriptions or notations of criminal charges (including 19 criminal violations of local municipal ordinances) and 20 the nature of any disposition arising therefrom, 21 including sentencing, court or correctional supervision, 22 rehabilitation and release. The term does not apply to 23 statistical records and reports in which individuals are 24 not identified and from which their identities are not 25 ascertainable, or to information that is for criminal 26 investigative or intelligence purposes. 27 (e) Records that relate to or affect the security 28 of correctional institutions and detention facilities. 29 (f) Preliminary drafts, notes, recommendations, 30 memoranda and other records in which opinions are 31 expressed, or policies or actions are formulated, except 32 that a specific record or relevant portion of a record 33 shall not be exempt when the record is publicly cited and 34 identified by the head of the public body. The exemption HB1383 Engrossed -19- LRB9103127MWgc 1 provided in this paragraph (f) extends to all those 2 records of officers and agencies of the General Assembly 3 that pertain to the preparation of legislative documents. 4 (g) Trade secrets and commercial or financial 5 information obtained from a person or business where the 6 trade secrets or information are proprietary, privileged 7 or confidential, or where disclosure of the trade secrets 8 or information may cause competitive harm, including all 9 information determined to be confidential under Section 10 4002 of the Technology Advancement and Development Act. 11 Nothing contained in this paragraph (g) shall be 12 construed to prevent a person or business from consenting 13 to disclosure. 14 (h) Proposals and bids for any contract, grant, or 15 agreement, including information which if it were 16 disclosed would frustrate procurement or give an 17 advantage to any person proposing to enter into a 18 contractor agreement with the body, until an award or 19 final selection is made. Information prepared by or for 20 the body in preparation of a bid solicitation shall be 21 exempt until an award or final selection is made. 22 (i) Valuable formulae, designs, drawings and 23 research data obtained or produced by any public body 24 when disclosure could reasonably be expected to produce 25 private gain or public loss. 26 (j) Test questions, scoring keys and other 27 examination data used to administer an academic 28 examination or determined the qualifications of an 29 applicant for a license or employment. 30 (k) Architects' plans and engineers' technical 31 submissions for projects not constructed or developed in 32 whole or in part with public funds and for projects 33 constructed or developed with public funds, to the extent 34 that disclosure would compromise security. HB1383 Engrossed -20- LRB9103127MWgc 1 (l) Library circulation and order records 2 identifying library users with specific materials. 3 (m) Minutes of meetings of public bodies closed to 4 the public as provided in the Open Meetings Act until the 5 public body makes the minutes available to the public 6 under Section 2.06 of the Open Meetings Act. 7 (n) Communications between a public body and an 8 attorney or auditor representing the public body that 9 would not be subject to discovery in litigation, and 10 materials prepared or compiled by or for a public body in 11 anticipation of a criminal, civil or administrative 12 proceeding upon the request of an attorney advising the 13 public body, and materials prepared or compiled with 14 respect to internal audits of public bodies. 15 (o) Information received by a primary or secondary 16 school, college or university under its procedures for 17 the evaluation of faculty members by their academic 18 peers. 19 (p) Administrative or technical information 20 associated with automated data processing operations, 21 including but not limited to software, operating 22 protocols, computer program abstracts, file layouts, 23 source listings, object modules, load modules, user 24 guides, documentation pertaining to all logical and 25 physical design of computerized systems, employee 26 manuals, and any other information that, if disclosed, 27 would jeopardize the security of the system or its data 28 or the security of materials exempt under this Section. 29 (q) Documents or materials relating to collective 30 negotiating matters between public bodies and their 31 employees or representatives, except that any final 32 contract or agreement shall be subject to inspection and 33 copying. 34 (r) Drafts, notes, recommendations and memoranda HB1383 Engrossed -21- LRB9103127MWgc 1 pertaining to the financing and marketing transactions of 2 the public body. The records of ownership, registration, 3 transfer, and exchange of municipal debt obligations, and 4 of persons to whom payment with respect to these 5 obligations is made. 6 (s) The records, documents and information relating 7 to real estate purchase negotiations until those 8 negotiations have been completed or otherwise terminated. 9 With regard to a parcel involved in a pending or actually 10 and reasonably contemplated eminent domain proceeding 11 under Article VII of the Code of Civil Procedure, 12 records, documents and information relating to that 13 parcel shall be exempt except as may be allowed under 14 discovery rules adopted by the Illinois Supreme Court. 15 The records, documents and information relating to a real 16 estate sale shall be exempt until a sale is consummated. 17 (t) Any and all proprietary information and records 18 related to the operation of an intergovernmental risk 19 management association or self-insurance pool or jointly 20 self-administered health and accident cooperative or 21 pool. 22 (u) Information concerning a university's 23 adjudication of student or employee grievance or 24 disciplinary cases, to the extent that disclosure would 25 reveal the identity of the student or employee and 26 information concerning any public body's adjudication of 27 student or employee grievances or disciplinary cases, 28 except for the final outcome of the cases. 29 (v) Course materials or research materials used by 30 faculty members. 31 (w) Information related solely to the internal 32 personnel rules and practices of a public body. 33 (x) Information contained in or related to 34 examination, operating, or condition reports prepared by, HB1383 Engrossed -22- LRB9103127MWgc 1 on behalf of, or for the use of a public body responsible 2 for the regulation or supervision of financial 3 institutions or insurance companies, unless disclosure is 4 otherwise required by State law. 5 (y) Information the disclosure of which is 6 restricted under Section 5-108 of the Public Utilities 7 Act. 8 (z) Manuals or instruction to staff that relate to 9 establishment or collection of liability for any State 10 tax or that relate to investigations by a public body to 11 determine violation of any criminal law. 12 (aa) Applications, related documents, and medical 13 records received by the Experimental Organ 14 Transplantation Procedures Board and any and all 15 documents or other records prepared by the Experimental 16 Organ Transplantation Procedures Board or its staff 17 relating to applications it has received. 18 (bb) Insurance or self insurance (including any 19 intergovernmental risk management association or self 20 insurance pool) claims, loss or risk management 21 information, records, data, advice or communications. 22 (cc) Information and records held by the Department 23 of Public Health and its authorized representatives 24 relating to known or suspected cases of sexually 25 transmissible disease or any information the disclosure 26 of which is restricted under the Illinois Sexually 27 Transmissible Disease Control Act. 28 (dd) Information the disclosure of which is 29 exempted under Section 30 of the Radon Industry Licensing 30 Act. 31 (ee) Firm performance evaluations under Section 55 32 of the Architectural, Engineering, and Land Surveying 33 Qualifications Based Selection Act. 34 (ff) Security portions of system safety program HB1383 Engrossed -23- LRB9103127MWgc 1 plans, investigation reports, surveys, schedules, lists, 2 data, or information compiled, collected, or prepared by 3 or for the Regional Transportation Authority under 4 Section 2.11 of the Regional Transportation Authority Act 5 or the State of Missouri under the Bi-State Transit 6 Safety Act. 7 (gg) Information the disclosure of which is 8 restricted and exempted under Section 50 of the Illinois 9 Prepaid Tuition Act. 10 (hh) Information the disclosure of which is 11 exempted under Section 80 of the State Gift Ban Act. 12 (ii) Beginning July 1, 1999,(hh)information that 13 would disclose or might lead to the disclosure of secret 14 or confidential information, codes, algorithms, programs, 15 or private keys intended to be used to create electronic 16 or digital signatures under the Electronic Commerce 17 Security Act. 18 (jj) Information and data concerning the 19 distribution of surcharge moneys collected and remitted 20 by wireless carriers under the Wireless Emergency 21 Telephone Safety Act. 22 (2) This Section does not authorize withholding of 23 information or limit the availability of records to the 24 public, except as stated in this Section or otherwise 25 provided in this Act. 26 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 27 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 28 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) 29 Section 805. The Civil Administrative Code of Illinois 30 is amended by changing Section 55a as follows: 31 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 32 (Text of Section before amendment by P.A. 90-590) HB1383 Engrossed -24- LRB9103127MWgc 1 Sec. 55a. Powers and duties. 2 (A) The Department of State Police shall have the 3 following powers and duties, and those set forth in Sections 4 55a-1 through 55c: 5 1. To exercise the rights, powers and duties which have 6 been vested in the Department of Public Safety by the State 7 Police Act. 8 2. To exercise the rights, powers and duties which have 9 been vested in the Department of Public Safety by the State 10 Police Radio Act. 11 3. To exercise the rights, powers and duties which have 12 been vested in the Department of Public Safety by the 13 Criminal Identification Act. 14 4. To (a) investigate the origins, activities, personnel 15 and incidents of crime and the ways and means to redress the 16 victims of crimes, and study the impact, if any, of 17 legislation relative to the effusion of crime and growing 18 crime rates, and enforce the criminal laws of this State 19 related thereto, (b) enforce all laws regulating the 20 production, sale, prescribing, manufacturing, administering, 21 transporting, having in possession, dispensing, delivering, 22 distributing, or use of controlled substances and cannabis, 23 (c) employ skilled experts, scientists, technicians, 24 investigators or otherwise specially qualified persons to aid 25 in preventing or detecting crime, apprehending criminals, or 26 preparing and presenting evidence of violations of the 27 criminal laws of the State, (d) cooperate with the police of 28 cities, villages and incorporated towns, and with the police 29 officers of any county, in enforcing the laws of the State 30 and in making arrests and recovering property, (e) apprehend 31 and deliver up any person charged in this State or any other 32 State of the United States with treason, felony, or other 33 crime, who has fled from justice and is found in this State, 34 and (f) conduct such other investigations as may be provided HB1383 Engrossed -25- LRB9103127MWgc 1 by law. Persons exercising these powers within the Department 2 are conservators of the peace and as such have all the powers 3 possessed by policemen in cities and sheriffs, except that 4 they may exercise such powers anywhere in the State in 5 cooperation with and after contact with the local law 6 enforcement officials. Such persons may use false or 7 fictitious names in the performance of their duties under 8 this paragraph, upon approval of the Director, and shall not 9 be subject to prosecution under the criminal laws for such 10 use. 11 5. To: (a) be a central repository and custodian of 12 criminal statistics for the State, (b) be a central 13 repository for criminal history record information, (c) 14 procure and file for record such information as is necessary 15 and helpful to plan programs of crime prevention, law 16 enforcement and criminal justice, (d) procure and file for 17 record such copies of fingerprints, as may be required by 18 law, (e) establish general and field crime laboratories, (f) 19 register and file for record such information as may be 20 required by law for the issuance of firearm owner's 21 identification cards, (g) employ polygraph operators, 22 laboratory technicians and other specially qualified persons 23 to aid in the identification of criminal activity, and (h) 24 undertake such other identification, information, laboratory, 25 statistical or registration activities as may be required by 26 law. 27 6. To (a) acquire and operate one or more radio 28 broadcasting stations in the State to be used for police 29 purposes, (b) operate a statewide communications network to 30 gather and disseminate information for law enforcement 31 agencies, (c) operate an electronic data processing and 32 computer center for the storage and retrieval of data 33 pertaining to criminal activity, and (d) undertake such other 34 communication activities as may be required by law. HB1383 Engrossed -26- LRB9103127MWgc 1 7. To provide, as may be required by law, assistance to 2 local law enforcement agencies through (a) training, 3 management and consultant services for local law enforcement 4 agencies, and (b) the pursuit of research and the publication 5 of studies pertaining to local law enforcement activities. 6 8. To exercise the rights, powers and duties which have 7 been vested in the Department of State Police and the 8 Director of the Department of State Police by the Narcotic 9 Control Division Abolition Act. 10 9. To exercise the rights, powers and duties which have 11 been vested in the Department of Public Safety by the 12 Illinois Vehicle Code. 13 10. To exercise the rights, powers and duties which have 14 been vested in the Department of Public Safety by the Firearm 15 Owners Identification Card Act. 16 11. To enforce and administer such other laws in 17 relation to law enforcement as may be vested in the 18 Department. 19 12. To transfer jurisdiction of any realty title to 20 which is held by the State of Illinois under the control of 21 the Department to any other department of the State 22 government or to the State Employees Housing Commission, or 23 to acquire or accept Federal land, when such transfer, 24 acquisition or acceptance is advantageous to the State and is 25 approved in writing by the Governor. 26 13. With the written approval of the Governor, to enter 27 into agreements with other departments created by this Act, 28 for the furlough of inmates of the penitentiary to such other 29 departments for their use in research programs being 30 conducted by them. 31 For the purpose of participating in such research 32 projects, the Department may extend the limits of any 33 inmate's place of confinement, when there is reasonable cause 34 to believe that the inmate will honor his or her trust by HB1383 Engrossed -27- LRB9103127MWgc 1 authorizing the inmate, under prescribed conditions, to leave 2 the confines of the place unaccompanied by a custodial agent 3 of the Department. The Department shall make rules governing 4 the transfer of the inmate to the requesting other department 5 having the approved research project, and the return of such 6 inmate to the unextended confines of the penitentiary. Such 7 transfer shall be made only with the consent of the inmate. 8 The willful failure of a prisoner to remain within the 9 extended limits of his or her confinement or to return within 10 the time or manner prescribed to the place of confinement 11 designated by the Department in granting such extension shall 12 be deemed an escape from custody of the Department and 13 punishable as provided in Section 3-6-4 of the Unified Code 14 of Corrections. 15 14. To provide investigative services, with all of the 16 powers possessed by policemen in cities and sheriffs, in and 17 around all race tracks subject to the Horse Racing Act of 18 1975. 19 15. To expend such sums as the Director deems necessary 20 from Contractual Services appropriations for the Division of 21 Criminal Investigation for the purchase of evidence and for 22 the employment of persons to obtain evidence. Such sums shall 23 be advanced to agents authorized by the Director to expend 24 funds, on vouchers signed by the Director. 25 16. To assist victims and witnesses in gang crime 26 prosecutions through the administration of funds appropriated 27 from the Gang Violence Victims and Witnesses Fund to the 28 Department. Such funds shall be appropriated to the 29 Department and shall only be used to assist victims and 30 witnesses in gang crime prosecutions and such assistance may 31 include any of the following: 32 (a) temporary living costs; 33 (b) moving expenses; 34 (c) closing costs on the sale of private residence; HB1383 Engrossed -28- LRB9103127MWgc 1 (d) first month's rent; 2 (e) security deposits; 3 (f) apartment location assistance; 4 (g) other expenses which the Department considers 5 appropriate; and 6 (h) compensation for any loss of or injury to real 7 or personal property resulting from a gang crime to a 8 maximum of $5,000, subject to the following provisions: 9 (1) in the case of loss of property, the 10 amount of compensation shall be measured by the 11 replacement cost of similar or like property which 12 has been incurred by and which is substantiated by 13 the property owner, 14 (2) in the case of injury to property, the 15 amount of compensation shall be measured by the cost 16 of repair incurred and which can be substantiated by 17 the property owner, 18 (3) compensation under this provision is a 19 secondary source of compensation and shall be 20 reduced by any amount the property owner receives 21 from any other source as compensation for the loss 22 or injury, including, but not limited to, personal 23 insurance coverage, 24 (4) no compensation may be awarded if the 25 property owner was an offender or an accomplice of 26 the offender, or if the award would unjustly benefit 27 the offender or offenders, or an accomplice of the 28 offender or offenders. 29 No victim or witness may receive such assistance if he or 30 she is not a part of or fails to fully cooperate in the 31 prosecution of gang crime members by law enforcement 32 authorities. 33 The Department shall promulgate any rules necessary for 34 the implementation of this amendatory Act of 1985. HB1383 Engrossed -29- LRB9103127MWgc 1 17. To conduct arson investigations. 2 18. To develop a separate statewide statistical police 3 contact record keeping system for the study of juvenile 4 delinquency. The records of this police contact system shall 5 be limited to statistical information. No individually 6 identifiable information shall be maintained in the police 7 contact statistical record system. 8 19. To develop a separate statewide central adjudicatory 9 and dispositional records system for persons under 19 years 10 of age who have been adjudicated delinquent minors and to 11 make information available to local registered participating 12 police youth officers so that police youth officers will be 13 able to obtain rapid access to the juvenile's background from 14 other jurisdictions to the end that the police youth officers 15 can make appropriate dispositions which will best serve the 16 interest of the child and the community. Information 17 maintained in the adjudicatory and dispositional record 18 system shall be limited to the incidents or offenses for 19 which the minor was adjudicated delinquent by a court, and a 20 copy of the court's dispositional order. All individually 21 identifiable records in the adjudicatory and dispositional 22 records system shall be destroyed when the person reaches 19 23 years of age. 24 20. To develop rules which guarantee the confidentiality 25 of such individually identifiable adjudicatory and 26 dispositional records except when used for the following: 27 (a) by authorized juvenile court personnel or the 28 State's Attorney in connection with proceedings under the 29 Juvenile Court Act of 1987; or 30 (b) inquiries from registered police youth 31 officers. 32 For the purposes of this Act "police youth officer" means 33 a member of a duly organized State, county or municipal 34 police force who is assigned by his or her Superintendent, HB1383 Engrossed -30- LRB9103127MWgc 1 Sheriff or chief of police, as the case may be, to specialize 2 in youth problems. 3 21. To develop administrative rules and administrative 4 hearing procedures which allow a minor, his or her attorney, 5 and his or her parents or guardian access to individually 6 identifiable adjudicatory and dispositional records for the 7 purpose of determining or challenging the accuracy of the 8 records. Final administrative decisions shall be subject to 9 the provisions of the Administrative Review Law. 10 22. To charge, collect, and receive fees or moneys 11 equivalent to the cost of providing Department of State 12 Police personnel, equipment, and services to local 13 governmental agencies when explicitly requested by a local 14 governmental agency and pursuant to an intergovernmental 15 agreement as provided by this Section, other State agencies, 16 and federal agencies, including but not limited to fees or 17 moneys equivalent to the cost of providing dispatching 18 services, radio and radar repair, and training to local 19 governmental agencies on such terms and conditions as in the 20 judgment of the Director are in the best interest of the 21 State; and to establish, charge, collect and receive fees or 22 moneys based on the cost of providing responses to requests 23 for criminal history record information pursuant to positive 24 identification and any Illinois or federal law authorizing 25 access to some aspect of such information and to prescribe 26 the form and manner for requesting and furnishing such 27 information to the requestor on such terms and conditions as 28 in the judgment of the Director are in the best interest of 29 the State, provided fees for requesting and furnishing 30 criminal history record information may be waived for 31 requests in the due administration of the criminal laws. The 32 Department may also charge, collect and receive fees or 33 moneys equivalent to the cost of providing electronic data 34 processing lines or related telecommunication services to HB1383 Engrossed -31- LRB9103127MWgc 1 local governments, but only when such services can be 2 provided by the Department at a cost less than that 3 experienced by said local governments through other means. 4 All services provided by the Department shall be conducted 5 pursuant to contracts in accordance with the 6 Intergovernmental Cooperation Act, and all telecommunication 7 services shall be provided pursuant to the provisions of 8 Section 67.18 of this Code. 9 All fees received by the Department of State Police under 10 this Act or the Illinois Uniform Conviction Information Act 11 shall be deposited in a special fund in the State Treasury to 12 be known as the State Police Services Fund. The money 13 deposited in the State Police Services Fund shall be 14 appropriated to the Department of State Police for expenses 15 of the Department of State Police. 16 Upon the completion of any audit of the Department of 17 State Police as prescribed by the Illinois State Auditing 18 Act, which audit includes an audit of the State Police 19 Services Fund, the Department of State Police shall make the 20 audit open to inspection by any interested person. 21 23. To exercise the powers and perform the duties which 22 have been vested in the Department of State Police by the 23 Intergovernmental Missing Child Recovery Act of 1984, and to 24 establish reasonable rules and regulations necessitated 25 thereby. 26 24. (a) To establish and maintain a statewide Law 27 Enforcement Agencies Data System (LEADS) for the purpose of 28 providing electronic access by authorized entities to 29 criminal justice data repositories and effecting an immediate 30 law enforcement response to reports of missing persons, 31 including lost, missing or runaway minors. The Department 32 shall implement an automatic data exchange system to compile, 33 to maintain and to make available to other law enforcement 34 agencies for immediate dissemination data which can assist HB1383 Engrossed -32- LRB9103127MWgc 1 appropriate agencies in recovering missing persons and 2 provide access by authorized entities to various data 3 repositories available through LEADS for criminal justice and 4 related purposes. To assist the Department in this effort, 5 funds may be appropriated from the LEADS Maintenance Fund. 6 (b) In exercising its duties under this subsection, the 7 Department shall: 8 (1) provide a uniform reporting format for the 9 entry of pertinent information regarding the report of a 10 missing person into LEADS; 11 (2) develop and implement a policy whereby a 12 statewide or regional alert would be used in situations 13 relating to the disappearances of individuals, based on 14 criteria and in a format established by the Department. 15 Such a format shall include, but not be limited to, the 16 age of the missing person and the suspected circumstance 17 of the disappearance; 18 (3) notify all law enforcement agencies that 19 reports of missing persons shall be entered as soon as 20 the minimum level of data specified by the Department is 21 available to the reporting agency, and that no waiting 22 period for the entry of such data exists; 23 (4) compile and retain information regarding lost, 24 abducted, missing or runaway minors in a separate data 25 file, in a manner that allows such information to be used 26 by law enforcement and other agencies deemed appropriate 27 by the Director, for investigative purposes. Such 28 information shall include the disposition of all reported 29 lost, abducted, missing or runaway minor cases; 30 (5) compile and maintain an historic data 31 repository relating to lost, abducted, missing or runaway 32 minors and other missing persons in order to develop and 33 improve techniques utilized by law enforcement agencies 34 when responding to reports of missing persons; and HB1383 Engrossed -33- LRB9103127MWgc 1 (6) create a quality control program regarding 2 confirmation of missing person data, timeliness of 3 entries of missing person reports into LEADS and 4 performance audits of all entering agencies. 5 25. On request of a school board or regional 6 superintendent of schools, to conduct an inquiry pursuant to 7 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 8 an applicant for employment in a school district has been 9 convicted of any criminal or drug offenses enumerated in 10 Section 10-21.9 or 34-18.5 of the School Code. The 11 Department shall furnish such conviction information to the 12 President of the school board of the school district which 13 has requested the information, or if the information was 14 requested by the regional superintendent to that regional 15 superintendent. 16 26. To promulgate rules and regulations necessary for 17 the administration and enforcement of its powers and duties, 18 wherever granted and imposed, pursuant to the Illinois 19 Administrative Procedure Act. 20 27. To (a) promulgate rules pertaining to the 21 certification, revocation of certification and training of 22 law enforcement officers as electronic criminal surveillance 23 officers, (b) provide training and technical assistance to 24 State's Attorneys and local law enforcement agencies 25 pertaining to the interception of private oral 26 communications, (c) promulgate rules necessary for the 27 administration of Article 108B of the Code of Criminal 28 Procedure of 1963, including but not limited to standards for 29 recording and minimization of electronic criminal 30 surveillance intercepts, documentation required to be 31 maintained during an intercept, procedures in relation to 32 evidence developed by an intercept, and (d) charge a 33 reasonable fee to each law enforcement agency that sends 34 officers to receive training as electronic criminal HB1383 Engrossed -34- LRB9103127MWgc 1 surveillance officers. 2 28. Upon the request of any private organization which 3 devotes a major portion of its time to the provision of 4 recreational, social, educational or child safety services to 5 children, to conduct, pursuant to positive identification, 6 criminal background investigations of all of that 7 organization's current employees, current volunteers, 8 prospective employees or prospective volunteers charged with 9 the care and custody of children during the provision of the 10 organization's services, and to report to the requesting 11 organization any record of convictions maintained in the 12 Department's files about such persons. The Department shall 13 charge an application fee, based on actual costs, for the 14 dissemination of conviction information pursuant to this 15 subsection. The Department is empowered to establish this 16 fee and shall prescribe the form and manner for requesting 17 and furnishing conviction information pursuant to this 18 subsection. Information received by the organization from the 19 Department concerning an individual shall be provided to such 20 individual. Any such information obtained by the 21 organization shall be confidential and may not be transmitted 22 outside the organization and may not be transmitted to anyone 23 within the organization except as needed for the purpose of 24 evaluating the individual. Only information and standards 25 which bear a reasonable and rational relation to the 26 performance of child care shall be used by the organization. 27 Any employee of the Department or any member, employee or 28 volunteer of the organization receiving confidential 29 information under this subsection who gives or causes to be 30 given any confidential information concerning any criminal 31 convictions of an individual shall be guilty of a Class A 32 misdemeanor unless release of such information is authorized 33 by this subsection. 34 29. Upon the request of the Department of Children and HB1383 Engrossed -35- LRB9103127MWgc 1 Family Services, to investigate reports of child abuse or 2 neglect. 3 30. To obtain registration of a fictitious vital record 4 pursuant to Section 15.1 of the Vital Records Act. 5 31. To collect and disseminate information relating to 6 "hate crimes" as defined under Section 12-7.1 of the Criminal 7 Code of 1961 contingent upon the availability of State or 8 Federal funds to revise and upgrade the Illinois Uniform 9 Crime Reporting System. All law enforcement agencies shall 10 report monthly to the Department of State Police concerning 11 such offenses in such form and in such manner as may be 12 prescribed by rules and regulations adopted by the Department 13 of State Police. Such information shall be compiled by the 14 Department and be disseminated upon request to any local law 15 enforcement agency, unit of local government, or state 16 agency. Dissemination of such information shall be subject 17 to all confidentiality requirements otherwise imposed by law. 18 The Department of State Police shall provide training for 19 State Police officers in identifying, responding to, and 20 reporting all hate crimes. The IllinoisLocal Governmental21 Law EnforcementOfficer'sTraining Standards Board shall 22 develop and certify a course of such training to be made 23 available to local law enforcement officers. 24 32. Upon the request of a private carrier company that 25 provides transportation under Section 28b of the Metropolitan 26 Transit Authority Act, to ascertain if an applicant for a 27 driver position has been convicted of any criminal or drug 28 offense enumerated in Section 28b of the Metropolitan Transit 29 Authority Act. The Department shall furnish the conviction 30 information to the private carrier company that requested the 31 information. 32 33. To apply for grants or contracts, receive, expend, 33 allocate, or disburse funds and moneys made available by 34 public or private entities, including, but not limited to, HB1383 Engrossed -36- LRB9103127MWgc 1 contracts, bequests, grants, or receiving equipment from 2 corporations, foundations, or public or private institutions 3 of higher learning. All funds received by the Department 4 from these sources shall be deposited into the appropriate 5 fund in the State Treasury to be appropriated to the 6 Department for purposes as indicated by the grantor or 7 contractor or, in the case of funds or moneys bequeathed or 8 granted for no specific purpose, for any purpose as deemed 9 appropriate by the Director in administering the 10 responsibilities of the Department. 11 34. Upon the request of the Department of Children and 12 Family Services, the Department of State Police shall provide 13 properly designated employees of the Department of Children 14 and Family Services with criminal history record information 15 as defined in the Illinois Uniform Conviction Information Act 16 and information maintained in the adjudicatory and 17 dispositional record system as defined in subdivision (A)19 18 of this Section if the Department of Children and Family 19 Services determines the information is necessary to perform 20 its duties under the Abused and Neglected Child Reporting 21 Act, the Child Care Act of 1969, and the Children and Family 22 Services Act. The request shall be in the form and manner 23 specified by the Department of State Police. 24 35. The Illinois Department of Public Aid is an 25 authorized entity under this Section for the purpose of 26 obtaining access to various data repositories available 27 through LEADS, to facilitate the location of individuals for 28 establishing paternity, and establishing, modifying, and 29 enforcing child support obligations, pursuant to the Illinois 30 Public Aid Code and Title IV, Part D of the Social Security 31 Act. The Department shall enter into an agreement with the 32 Illinois Department of Public Aid consistent with these 33 purposes. 34 36. Upon request of the Department of Human Services, to HB1383 Engrossed -37- LRB9103127MWgc 1 conduct an assessment and evaluation of sexually violent 2 persons as mandated by the Sexually Violent Persons 3 Commitment Act, the Department shall furnish criminal history 4 information maintained on the requested person. The request 5 shall be in the form and manner specified by the Department. 6 37. To exercise the powers and perform the duties 7 specifically assigned to the Department under the Wireless 8 Emergency Telephone Safety Act with respect to the 9 development and improvement of emergency communications 10 procedures and facilities in such a manner as to facilitate a 11 quick response to any person calling the number "9-1-1" 12 seeking police, fire, medical, or other emergency services 13 through a wireless carrier as defined in Section 10 of the 14 Wireless Emergency Telephone Safety Act. Nothing in the 15 Wireless Emergency Telephone Safety Act shall require the 16 Illinois State Police to provide wireless enhanced 9-1-1 17 services. 18 (B) The Department of State Police may establish and 19 maintain, within the Department of State Police, a Statewide 20 Organized Criminal Gang Database (SWORD) for the purpose of 21 tracking organized criminal gangs and their memberships. 22 Information in the database may include, but not be limited 23 to, the name, last known address, birth date, physical 24 descriptions (such as scars, marks, or tattoos), officer 25 safety information, organized gang affiliation, and entering 26 agency identifier. The Department may develop, in 27 consultation with the Criminal Justice Information Authority, 28 and in a form and manner prescribed by the Department, an 29 automated data exchange system to compile, to maintain, and 30 to make this information electronically available to 31 prosecutors and to other law enforcement agencies. The 32 information may be used by authorized agencies to combat the 33 operations of organized criminal gangs statewide. 34 (C) The Department of State Police may ascertain the HB1383 Engrossed -38- LRB9103127MWgc 1 number of bilingual police officers and other personnel 2 needed to provide services in a language other than English 3 and may establish, under applicable personnel rules and 4 Department guidelines or through a collective bargaining 5 agreement, a bilingual pay supplement program. 6 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 7 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 8 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 9 (Text of Section after amendment by P.A. 90-590) 10 Sec. 55a. Powers and duties. 11 (A) The Department of State Police shall have the 12 following powers and duties, and those set forth in Sections 13 55a-1 through 55c: 14 1. To exercise the rights, powers and duties which have 15 been vested in the Department of Public Safety by the State 16 Police Act. 17 2. To exercise the rights, powers and duties which have 18 been vested in the Department of Public Safety by the State 19 Police Radio Act. 20 3. To exercise the rights, powers and duties which have 21 been vested in the Department of Public Safety by the 22 Criminal Identification Act. 23 4. To (a) investigate the origins, activities, personnel 24 and incidents of crime and the ways and means to redress the 25 victims of crimes, and study the impact, if any, of 26 legislation relative to the effusion of crime and growing 27 crime rates, and enforce the criminal laws of this State 28 related thereto, (b) enforce all laws regulating the 29 production, sale, prescribing, manufacturing, administering, 30 transporting, having in possession, dispensing, delivering, 31 distributing, or use of controlled substances and cannabis, 32 (c) employ skilled experts, scientists, technicians, 33 investigators or otherwise specially qualified persons to aid 34 in preventing or detecting crime, apprehending criminals, or HB1383 Engrossed -39- LRB9103127MWgc 1 preparing and presenting evidence of violations of the 2 criminal laws of the State, (d) cooperate with the police of 3 cities, villages and incorporated towns, and with the police 4 officers of any county, in enforcing the laws of the State 5 and in making arrests and recovering property, (e) apprehend 6 and deliver up any person charged in this State or any other 7 State of the United States with treason, felony, or other 8 crime, who has fled from justice and is found in this State, 9 and (f) conduct such other investigations as may be provided 10 by law. Persons exercising these powers within the Department 11 are conservators of the peace and as such have all the powers 12 possessed by policemen in cities and sheriffs, except that 13 they may exercise such powers anywhere in the State in 14 cooperation with and after contact with the local law 15 enforcement officials. Such persons may use false or 16 fictitious names in the performance of their duties under 17 this paragraph, upon approval of the Director, and shall not 18 be subject to prosecution under the criminal laws for such 19 use. 20 5. To: (a) be a central repository and custodian of 21 criminal statistics for the State, (b) be a central 22 repository for criminal history record information, (c) 23 procure and file for record such information as is necessary 24 and helpful to plan programs of crime prevention, law 25 enforcement and criminal justice, (d) procure and file for 26 record such copies of fingerprints, as may be required by 27 law, (e) establish general and field crime laboratories, (f) 28 register and file for record such information as may be 29 required by law for the issuance of firearm owner's 30 identification cards, (g) employ polygraph operators, 31 laboratory technicians and other specially qualified persons 32 to aid in the identification of criminal activity, and (h) 33 undertake such other identification, information, laboratory, 34 statistical or registration activities as may be required by HB1383 Engrossed -40- LRB9103127MWgc 1 law. 2 6. To (a) acquire and operate one or more radio 3 broadcasting stations in the State to be used for police 4 purposes, (b) operate a statewide communications network to 5 gather and disseminate information for law enforcement 6 agencies, (c) operate an electronic data processing and 7 computer center for the storage and retrieval of data 8 pertaining to criminal activity, and (d) undertake such other 9 communication activities as may be required by law. 10 7. To provide, as may be required by law, assistance to 11 local law enforcement agencies through (a) training, 12 management and consultant services for local law enforcement 13 agencies, and (b) the pursuit of research and the publication 14 of studies pertaining to local law enforcement activities. 15 8. To exercise the rights, powers and duties which have 16 been vested in the Department of State Police and the 17 Director of the Department of State Police by the Narcotic 18 Control Division Abolition Act. 19 9. To exercise the rights, powers and duties which have 20 been vested in the Department of Public Safety by the 21 Illinois Vehicle Code. 22 10. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the Firearm 24 Owners Identification Card Act. 25 11. To enforce and administer such other laws in 26 relation to law enforcement as may be vested in the 27 Department. 28 12. To transfer jurisdiction of any realty title to 29 which is held by the State of Illinois under the control of 30 the Department to any other department of the State 31 government or to the State Employees Housing Commission, or 32 to acquire or accept Federal land, when such transfer, 33 acquisition or acceptance is advantageous to the State and is 34 approved in writing by the Governor. HB1383 Engrossed -41- LRB9103127MWgc 1 13. With the written approval of the Governor, to enter 2 into agreements with other departments created by this Act, 3 for the furlough of inmates of the penitentiary to such other 4 departments for their use in research programs being 5 conducted by them. 6 For the purpose of participating in such research 7 projects, the Department may extend the limits of any 8 inmate's place of confinement, when there is reasonable cause 9 to believe that the inmate will honor his or her trust by 10 authorizing the inmate, under prescribed conditions, to leave 11 the confines of the place unaccompanied by a custodial agent 12 of the Department. The Department shall make rules governing 13 the transfer of the inmate to the requesting other department 14 having the approved research project, and the return of such 15 inmate to the unextended confines of the penitentiary. Such 16 transfer shall be made only with the consent of the inmate. 17 The willful failure of a prisoner to remain within the 18 extended limits of his or her confinement or to return within 19 the time or manner prescribed to the place of confinement 20 designated by the Department in granting such extension shall 21 be deemed an escape from custody of the Department and 22 punishable as provided in Section 3-6-4 of the Unified Code 23 of Corrections. 24 14. To provide investigative services, with all of the 25 powers possessed by policemen in cities and sheriffs, in and 26 around all race tracks subject to the Horse Racing Act of 27 1975. 28 15. To expend such sums as the Director deems necessary 29 from Contractual Services appropriations for the Division of 30 Criminal Investigation for the purchase of evidence and for 31 the employment of persons to obtain evidence. Such sums shall 32 be advanced to agents authorized by the Director to expend 33 funds, on vouchers signed by the Director. 34 16. To assist victims and witnesses in gang crime HB1383 Engrossed -42- LRB9103127MWgc 1 prosecutions through the administration of funds appropriated 2 from the Gang Violence Victims and Witnesses Fund to the 3 Department. Such funds shall be appropriated to the 4 Department and shall only be used to assist victims and 5 witnesses in gang crime prosecutions and such assistance may 6 include any of the following: 7 (a) temporary living costs; 8 (b) moving expenses; 9 (c) closing costs on the sale of private residence; 10 (d) first month's rent; 11 (e) security deposits; 12 (f) apartment location assistance; 13 (g) other expenses which the Department considers 14 appropriate; and 15 (h) compensation for any loss of or injury to real 16 or personal property resulting from a gang crime to a 17 maximum of $5,000, subject to the following provisions: 18 (1) in the case of loss of property, the 19 amount of compensation shall be measured by the 20 replacement cost of similar or like property which 21 has been incurred by and which is substantiated by 22 the property owner, 23 (2) in the case of injury to property, the 24 amount of compensation shall be measured by the cost 25 of repair incurred and which can be substantiated by 26 the property owner, 27 (3) compensation under this provision is a 28 secondary source of compensation and shall be 29 reduced by any amount the property owner receives 30 from any other source as compensation for the loss 31 or injury, including, but not limited to, personal 32 insurance coverage, 33 (4) no compensation may be awarded if the 34 property owner was an offender or an accomplice of HB1383 Engrossed -43- LRB9103127MWgc 1 the offender, or if the award would unjustly benefit 2 the offender or offenders, or an accomplice of the 3 offender or offenders. 4 No victim or witness may receive such assistance if he or 5 she is not a part of or fails to fully cooperate in the 6 prosecution of gang crime members by law enforcement 7 authorities. 8 The Department shall promulgate any rules necessary for 9 the implementation of this amendatory Act of 1985. 10 17. To conduct arson investigations. 11 18. To develop a separate statewide statistical police 12 contact record keeping system for the study of juvenile 13 delinquency. The records of this police contact system shall 14 be limited to statistical information. No individually 15 identifiable information shall be maintained in the police 16 contact statistical record system. 17 19. To develop a separate statewide central juvenile 18 records system for persons arrested prior to the age of 17 19 under Section 5-401 of the Juvenile Court Act of 1987 or 20 adjudicated delinquent minors and to make information 21 available to local law enforcement officers so that law 22 enforcement officers will be able to obtain rapid access to 23 the background of the minor from other jurisdictions to the 24 end that the juvenile police officers can make appropriate 25 decisions which will best serve the interest of the child and 26 the community. The Department shall submit a quarterly 27 report to the General Assembly and Governor which shall 28 contain the number of juvenile records that the Department 29 has received in that quarter and,a list, by category, of 30 offenses that minors were arrested for or convicted of by 31 age, race and gender. 32 20. To develop rules which guarantee the confidentiality 33 of such individually identifiable juvenile records except to 34 juvenile authorities who request information concerning the HB1383 Engrossed -44- LRB9103127MWgc 1 minor and who certify in writing that the information will 2 not be disclosed to any other party except as provided under 3 law or order of court. For purposes of this Section, 4 "juvenile authorities" means: (i) a judge of the circuit 5 court and members of the staff of the court designated by the 6 judge; (ii) parties to the proceedings under the Juvenile 7 Court Act of 1987 and their attorneys; (iii) probation 8 officers and court appointed advocates for the juvenile 9 authorized by the judge hearing the case; (iv) any individual 10 or,public orofprivate agency having custody of the child 11 pursuant to court order; (v) any individual or,public or 12 private agency providing education, medical or mental health 13 service to the child when the requested information is needed 14 to determine the appropriate service or treatment for the 15 minor; (vi) any potential placement provider when such 16 release is authorized by the court for the limited purpose of 17 determining the appropriateness of the potential placement; 18 (vii) law enforcement officers and prosecutors; (viii) adult 19 and juvenile prisoner review boards; (ix) authorized military 20 personnel; (x) individuals authorized by court; (xi) the 21 Illinois General Assembly or any committee or commission 22 thereof. 23 21. To develop administrative rules and administrative 24 hearing procedures which allow a minor, his or her attorney, 25 and his or her parents or guardian access to individually 26 identifiable juvenile records for the purpose of determining 27 or challenging the accuracy of the records. Final 28 administrative decisions shall be subject to the provisions 29 of the Administrative Review Law. 30 22. To charge, collect, and receive fees or moneys 31 equivalent to the cost of providing Department of State 32 Police personnel, equipment, and services to local 33 governmental agencies when explicitly requested by a local 34 governmental agency and pursuant to an intergovernmental HB1383 Engrossed -45- LRB9103127MWgc 1 agreement as provided by this Section, other State agencies, 2 and federal agencies, including but not limited to fees or 3 moneys equivalent to the cost of providing dispatching 4 services, radio and radar repair, and training to local 5 governmental agencies on such terms and conditions as in the 6 judgment of the Director are in the best interest of the 7 State; and to establish, charge, collect and receive fees or 8 moneys based on the cost of providing responses to requests 9 for criminal history record information pursuant to positive 10 identification and any Illinois or federal law authorizing 11 access to some aspect of such information and to prescribe 12 the form and manner for requesting and furnishing such 13 information to the requestor on such terms and conditions as 14 in the judgment of the Director are in the best interest of 15 the State, provided fees for requesting and furnishing 16 criminal history record information may be waived for 17 requests in the due administration of the criminal laws. The 18 Department may also charge, collect and receive fees or 19 moneys equivalent to the cost of providing electronic data 20 processing lines or related telecommunication services to 21 local governments, but only when such services can be 22 provided by the Department at a cost less than that 23 experienced by said local governments through other means. 24 All services provided by the Department shall be conducted 25 pursuant to contracts in accordance with the 26 Intergovernmental Cooperation Act, and all telecommunication 27 services shall be provided pursuant to the provisions of 28 Section 67.18 of this Code. 29 All fees received by the Department of State Police under 30 this Act or the Illinois Uniform Conviction Information Act 31 shall be deposited in a special fund in the State Treasury to 32 be known as the State Police Services Fund. The money 33 deposited in the State Police Services Fund shall be 34 appropriated to the Department of State Police for expenses HB1383 Engrossed -46- LRB9103127MWgc 1 of the Department of State Police. 2 Upon the completion of any audit of the Department of 3 State Police as prescribed by the Illinois State Auditing 4 Act, which audit includes an audit of the State Police 5 Services Fund, the Department of State Police shall make the 6 audit open to inspection by any interested person. 7 23. To exercise the powers and perform the duties which 8 have been vested in the Department of State Police by the 9 Intergovernmental Missing Child Recovery Act of 1984, and to 10 establish reasonable rules and regulations necessitated 11 thereby. 12 24. (a) To establish and maintain a statewide Law 13 Enforcement Agencies Data System (LEADS) for the purpose of 14 providing electronic access by authorized entities to 15 criminal justice data repositories and effecting an immediate 16 law enforcement response to reports of missing persons, 17 including lost, missing or runaway minors. The Department 18 shall implement an automatic data exchange system to compile, 19 to maintain and to make available to other law enforcement 20 agencies for immediate dissemination data which can assist 21 appropriate agencies in recovering missing persons and 22 provide access by authorized entities to various data 23 repositories available through LEADS for criminal justice and 24 related purposes. To assist the Department in this effort, 25 funds may be appropriated from the LEADS Maintenance Fund. 26 (b) In exercising its duties under this subsection, the 27 Department shall: 28 (1) provide a uniform reporting format for the 29 entry of pertinent information regarding the report of a 30 missing person into LEADS; 31 (2) develop and implement a policy whereby a 32 statewide or regional alert would be used in situations 33 relating to the disappearances of individuals, based on 34 criteria and in a format established by the Department. HB1383 Engrossed -47- LRB9103127MWgc 1 Such a format shall include, but not be limited to, the 2 age of the missing person and the suspected circumstance 3 of the disappearance; 4 (3) notify all law enforcement agencies that 5 reports of missing persons shall be entered as soon as 6 the minimum level of data specified by the Department is 7 available to the reporting agency, and that no waiting 8 period for the entry of such data exists; 9 (4) compile and retain information regarding lost, 10 abducted, missing or runaway minors in a separate data 11 file, in a manner that allows such information to be used 12 by law enforcement and other agencies deemed appropriate 13 by the Director, for investigative purposes. Such 14 information shall include the disposition of all reported 15 lost, abducted, missing or runaway minor cases; 16 (5) compile and maintain an historic data 17 repository relating to lost, abducted, missing or runaway 18 minors and other missing persons in order to develop and 19 improve techniques utilized by law enforcement agencies 20 when responding to reports of missing persons; and 21 (6) create a quality control program regarding 22 confirmation of missing person data, timeliness of 23 entries of missing person reports into LEADS and 24 performance audits of all entering agencies. 25 25. On request of a school board or regional 26 superintendent of schools, to conduct an inquiry pursuant to 27 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 28 an applicant for employment in a school district has been 29 convicted of any criminal or drug offenses enumerated in 30 Section 10-21.9 or 34-18.5 of the School Code. The 31 Department shall furnish such conviction information to the 32 President of the school board of the school district which 33 has requested the information, or if the information was 34 requested by the regional superintendent to that regional HB1383 Engrossed -48- LRB9103127MWgc 1 superintendent. 2 26. To promulgate rules and regulations necessary for 3 the administration and enforcement of its powers and duties, 4 wherever granted and imposed, pursuant to the Illinois 5 Administrative Procedure Act. 6 27. To (a) promulgate rules pertaining to the 7 certification, revocation of certification and training of 8 law enforcement officers as electronic criminal surveillance 9 officers, (b) provide training and technical assistance to 10 State's Attorneys and local law enforcement agencies 11 pertaining to the interception of private oral 12 communications, (c) promulgate rules necessary for the 13 administration of Article 108B of the Code of Criminal 14 Procedure of 1963, including but not limited to standards for 15 recording and minimization of electronic criminal 16 surveillance intercepts, documentation required to be 17 maintained during an intercept, procedures in relation to 18 evidence developed by an intercept, and (d) charge a 19 reasonable fee to each law enforcement agency that sends 20 officers to receive training as electronic criminal 21 surveillance officers. 22 28. Upon the request of any private organization which 23 devotes a major portion of its time to the provision of 24 recreational, social, educational or child safety services to 25 children, to conduct, pursuant to positive identification, 26 criminal background investigations of all of that 27 organization's current employees, current volunteers, 28 prospective employees or prospective volunteers charged with 29 the care and custody of children during the provision of the 30 organization's services, and to report to the requesting 31 organization any record of convictions maintained in the 32 Department's files about such persons. The Department shall 33 charge an application fee, based on actual costs, for the 34 dissemination of conviction information pursuant to this HB1383 Engrossed -49- LRB9103127MWgc 1 subsection. The Department is empowered to establish this 2 fee and shall prescribe the form and manner for requesting 3 and furnishing conviction information pursuant to this 4 subsection. Information received by the organization from the 5 Department concerning an individual shall be provided to such 6 individual. Any such information obtained by the 7 organization shall be confidential and may not be transmitted 8 outside the organization and may not be transmitted to anyone 9 within the organization except as needed for the purpose of 10 evaluating the individual. Only information and standards 11 which bear a reasonable and rational relation to the 12 performance of child care shall be used by the organization. 13 Any employee of the Department or any member, employee or 14 volunteer of the organization receiving confidential 15 information under this subsection who gives or causes to be 16 given any confidential information concerning any criminal 17 convictions of an individual shall be guilty of a Class A 18 misdemeanor unless release of such information is authorized 19 by this subsection. 20 29. Upon the request of the Department of Children and 21 Family Services, to investigate reports of child abuse or 22 neglect. 23 30. To obtain registration of a fictitious vital record 24 pursuant to Section 15.1 of the Vital Records Act. 25 31. To collect and disseminate information relating to 26 "hate crimes" as defined under Section 12-7.1 of the Criminal 27 Code of 1961 contingent upon the availability of State or 28 Federal funds to revise and upgrade the Illinois Uniform 29 Crime Reporting System. All law enforcement agencies shall 30 report monthly to the Department of State Police concerning 31 such offenses in such form and in such manner as may be 32 prescribed by rules and regulations adopted by the Department 33 of State Police. Such information shall be compiled by the 34 Department and be disseminated upon request to any local law HB1383 Engrossed -50- LRB9103127MWgc 1 enforcement agency, unit of local government, or state 2 agency. Dissemination of such information shall be subject 3 to all confidentiality requirements otherwise imposed by law. 4 The Department of State Police shall provide training for 5 State Police officers in identifying, responding to, and 6 reporting all hate crimes. The Illinois Law Enforcement 7 Training Standards Board shall develop and certify a course 8 of such training to be made available to local law 9 enforcement officers. 10 32. Upon the request of a private carrier company that 11 provides transportation under Section 28b of the Metropolitan 12 Transit Authority Act, to ascertain if an applicant for a 13 driver position has been convicted of any criminal or drug 14 offense enumerated in Section 28b of the Metropolitan Transit 15 Authority Act. The Department shall furnish the conviction 16 information to the private carrier company that requested the 17 information. 18 33. To apply for grants or contracts, receive, expend, 19 allocate, or disburse funds and moneys made available by 20 public or private entities, including, but not limited to, 21 contracts, bequests, grants, or receiving equipment from 22 corporations, foundations, or public or private institutions 23 of higher learning. All funds received by the Department 24 from these sources shall be deposited into the appropriate 25 fund in the State Treasury to be appropriated to the 26 Department for purposes as indicated by the grantor or 27 contractor or, in the case of funds or moneys bequeathed or 28 granted for no specific purpose, for any purpose as deemed 29 appropriate by the Director in administering the 30 responsibilities of the Department. 31 34. Upon the request of the Department of Children and 32 Family Services, the Department of State Police shall provide 33 properly designated employees of the Department of Children 34 and Family Services with criminal history record information HB1383 Engrossed -51- LRB9103127MWgc 1 as defined in the Illinois Uniform Conviction Information Act 2 and information maintained in the Statewide Central Juvenile 3 record system as defined in subdivision (A)19 of this Section 4 if the Department of Children and Family Services determines 5 the information is necessary to perform its duties under the 6 Abused and Neglected Child Reporting Act, the Child Care Act 7 of 1969, and the Children and Family Services Act. The 8 request shall be in the form and manner specified by the 9 Department of State Police. 10 35. The Illinois Department of Public Aid is an 11 authorized entity under this Section for the purpose of 12 exchanging information, in the form and manner required by 13 the Department of State Police,obtaining access to various14data repositories available through LEADS,to facilitate the 15 location of individuals for establishing paternity, and 16 establishing, modifying, and enforcing child support 17 obligations, pursuant to the Illinois Public Aid Code and 18 Title IV, PartSectionD of the Social Security Act.The19Department shall enter into an agreement with the Illinois20Department of Public Aid consistent with these purposes.21 36. Upon request of the Department of Human Services, to 22 conduct an assessment and evaluation of sexually violent 23 persons as mandated by the Sexually Violent Persons 24 Commitment Act, the Department shall furnish criminal history 25 information maintained on the requested person. The request 26 shall be in the form and manner specified by the Department. 27 37. To exercise the powers and perform the duties 28 specifically assigned to the Department under the Wireless 29 Emergency Telephone Safety Act with respect to the 30 development and improvement of emergency communications 31 procedures and facilities in such a manner as to facilitate a 32 quick response to any person calling the number "9-1-1" 33 seeking police, fire, medical, or other emergency services 34 through a wireless carrier as defined in Section 10 of the HB1383 Engrossed -52- LRB9103127MWgc 1 Wireless Emergency Telephone Safety Act. Nothing in the 2 Wireless Emergency Telephone Safety Act shall require the 3 Illinois State Police to provide wireless enhanced 9-1-1 4 services. 5 (B) The Department of State Police may establish and 6 maintain, within the Department of State Police, a Statewide 7 Organized Criminal Gang Database (SWORD) for the purpose of 8 tracking organized criminal gangs and their memberships. 9 Information in the database may include, but not be limited 10 to, the name, last known address, birth date, physical 11 descriptions (such as scars, marks, or tattoos), officer 12 safety information, organized gang affiliation, and entering 13 agency identifier. The Department may develop, in 14 consultation with the Criminal Justice Information Authority, 15 and in a form and manner prescribed by the Department, an 16 automated data exchange system to compile, to maintain, and 17 to make this information electronically available to 18 prosecutors and to other law enforcement agencies. The 19 information may be used by authorized agencies to combat the 20 operations of organized criminal gangs statewide. 21 (C) The Department of State Police may ascertain the 22 number of bilingual police officers and other personnel 23 needed to provide services in a language other than English 24 and may establish, under applicable personnel rules and 25 Department guidelines or through a collective bargaining 26 agreement, a bilingual pay supplement program. 27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 30 1-21-99.) 31 Section 810. The State Finance Act is amended by adding 32 Sections 5.490, 5.491, and 8.36 as follows: HB1383 Engrossed -53- LRB9103127MWgc 1 (30 ILCS 105/5.490 new) 2 Sec. 5.490. State Wireless Service Emergency Fund. 3 (30 ILCS 105/5.491 new) 4 Sec. 5.491. Wireless Enhanced 9-1-1 Emergency System 5 Trust Fund. 6 (30 ILCS 105/8.36 new) 7 Sec. 8.36. State Wireless Service Emergency Fund. 8 (a) Appropriations from the State Wireless Service 9 Emergency Fund shall be made only to the Department of State 10 Police for use in accordance with paragraph (8) of subsection 11 (d) of Section 15 of the Wireless Emergency Telephone Safety 12 Act. 13 (b) On July 1, 1999, the State Comptroller and State 14 Treasurer shall transfer $1,300,000 from the General Revenue 15 Fund to the Wireless Service Emergency Fund. On June 30, 16 2003 the State Comptroller and State Treasurer shall transfer 17 $1,300,000 from the Wireless Service Emergency Fund to the 18 General Revenue Fund. 19 Section 995. No acceleration or delay. Where this Act 20 makes changes in a statute that is represented in this Act by 21 text that is not yet or no longer in effect (for example, a 22 Section represented by multiple versions), the use of that 23 text does not accelerate or delay the taking effect of (i) 24 the changes made by this Act or (ii) provisions derived from 25 any other Public Act. 26 Section 999. Effective date. This Act takes effect upon 27 becoming law.