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Public Act 91-0885
HB0390 Enrolled LRB9100151PTdv
AN ACT concerning local governments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Property Tax Code is amended by changing
Section 18-165 as follows:
(35 ILCS 200/18-165)
Sec. 18-165. Abatement of taxes.
(a) Any taxing district, upon a majority vote of its
governing authority, may, after the determination of the
assessed valuation of its property, order the clerk of that
county to abate any portion of its taxes on the following
types of property:
(1) Commercial and industrial.
(A) The property of any commercial or
industrial firm, including but not limited to the
property of any firm that is used for collecting,
separating, storing, or processing recyclable
materials, locating within the taxing district
during the immediately preceding year from another
state, territory, or country, or having been newly
created within this State during the immediately
preceding year, or expanding an existing facility.
The abatement shall not exceed a period of 10 years
and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed
$4,000,000; or
(B) The property of any commercial or
industrial development of at least 500 acres having
been created within the taxing district. The
abatement shall not exceed a period of 20 years and
the aggregate amount of abated taxes for all taxing
districts combined shall not exceed $12,000,000.
(C) The property of any commercial or
industrial firm currently located in the taxing
district that expands a facility or its number of
employees. The abatement shall not exceed a period
of 10 years and the aggregate amount of abated taxes
for all taxing districts combined shall not exceed
$4,000,000. The abatement period may be renewed at
the option of the taxing districts.
(2) Horse racing. Any property in the taxing
district which is used for the racing of horses and upon
which capital improvements consisting of expansion,
improvement or replacement of existing facilities have
been made since July 1, 1987. The combined abatements
for such property from all taxing districts in any county
shall not exceed $5,000,000 annually and shall not exceed
a period of 10 years.
(3) Auto racing. Any property designed exclusively
for the racing of motor vehicles. Such abatement shall
not exceed a period of 10 years.
(4) Academic or research institute. The property
of any academic or research institute in the taxing
district that (i) is an exempt organization under
paragraph (3) of Section 501(c) of the Internal Revenue
Code, (ii) operates for the benefit of the public by
actually and exclusively performing scientific research
and making the results of the research available to the
interested public on a non-discriminatory basis, and
(iii) employs more than 100 employees. An abatement
granted under this paragraph shall be for at least 15
years and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed $5,000,000.
(5) Housing for older persons. Any property in the
taxing district that is devoted exclusively to affordable
housing for older households. For purposes of this
paragraph, "older households" means those households (i)
living in housing provided under any State or federal
program that the Department of Human Rights determines is
specifically designed and operated to assist elderly
persons and is solely occupied by persons 55 years of age
or older and (ii) whose annual income does not exceed 80%
of the area gross median income, adjusted for family
size, as such gross income and median income are
determined from time to time by the United States
Department of Housing and Urban Development. The
abatement shall not exceed a period of 15 years, and the
aggregate amount of abated taxes for all taxing districts
shall not exceed $3,000,000.
(6) Historical society. For assessment years 1998
through 2000, the property of an historical society
qualifying as an exempt organization under Section
501(c)(3) of the federal Internal Revenue Code.
(7) Recreational facilities. Any property in the
taxing district (i) that is used for a municipal airport,
(ii) that is subject to a leasehold assessment under
Section 9-195 of this Code and (iii) which is sublet from
a park district that is leasing the property from a
municipality, but only if the property is used
exclusively for recreational facilities or for parking
lots used exclusively for those facilities. The
abatement shall not exceed a period of 10 years.
(b) Upon a majority vote of its governing authority, any
municipality may, after the determination of the assessed
valuation of its property, order the county clerk to abate
any portion of its taxes on any property that is located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97;
90-568, eff. 1-1-99; 90-655, eff. 7-30-98; 91-644, eff.
8-20-99.)
Section 5. The Illinois Municipal Code is amended by
changing Section 2-3-5 and the Division 96 heading and adding
Section 11-96-5 as follows:
(65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
Sec. 2-3-5. Whenever in any county of less than 150,000
population as determined by the last preceding federal
census, any area of contiguous territory, not exceeding 2
square miles, not already included within the corporate
limits of any municipality, has residing thereon at least 200
inhabitants living in dwellings other than those designed to
be mobile, and is owned by at least 30 different owners, it
may be incorporated as a village as follows:
35 electors residing within the area may file with the
circuit clerk of the county in which such area is situated a
petition addressed to the circuit court for that county.
The petition shall set forth (1) a definite description
of the lands intended to be embraced in the proposed village,
(2) the number of inhabitants residing therein, (3) the name
of the proposed village, and (4) a prayer that a question be
submitted to the electors residing within the limits of the
proposed village whether they will incorporate as a village
under this Code.
If the area contains fewer than 7,500 residents and lies
within 1 1/2 miles of the boundary line of any existing
municipality, the consent of the existing municipality must
be obtained before the area may be incorporated. No area in a
county with a population of 150,000 or more that is
incorporating under the provisions of this Section shall need
to obtain the consent of any existing municipality before the
area may be incorporated.
In addition, any contiguous territory in a county of
150,000 or more population which otherwise meets the
requirements of this Section may be incorporated as a village
pursuant to the provisions of this Section if (1) any part of
such territory is situated within 10 miles of a county with a
population less than 150,000 and a petition is filed pursuant
to this Section before January 1, 1991 or (2) any part of the
territory is situated within 25 miles of the Illinois state
line in a county having a population, according to the 1990
federal decennial census, of at least 150,000 but less than
185,000 and a petition is filed pursuant to this Section
before January 1, 1998.
In addition, contiguous territory not exceeding 2 square
miles in a county with a population of not less than 300,000
and not more than 350,000 that otherwise meets the
requirements of this Section may be incorporated as a village
pursuant to the provisions of this Section if (1) any part of
the territory is situated within 2 miles of a county with a
population of less than 150,000 and (2) a petition is filed
in the manner provided in this Section before July January 1,
2001 2000. The requirements of Section 2-3-18 concerning
compatibility with the official plan for development of the
county shall not apply to any territory seeking incorporation
under this paragraph.
(Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)
(65 ILCS 5/Div. 96 heading)
DIVISION 96. JOINT OWNERSHIP OF PROPERTY OF
MUNICIPALITIES AND WITH PARK DISTRICTS
(65 ILCS 5/11-96-5 new)
Sec. 11-96-5. Municipal and park district tax.
(a) If property within a municipality also lies within a
park district and the same property is being taxed for park
or recreation purposes by both the municipality and the park
district, then the corporate authorities of the municipality
may adopt an ordinance or resolution to pay all or part of
the park district tax for the property according to
subsection (b). If the corporate authorities of a
municipality adopt a resolution or ordinance under this
Section, then the corporate authorities shall certify the
action to the county clerk.
(b) Before the county clerk extends the tax levy of the
park district, the corporate authorities of the municipality
may order the municipal treasurer to pay a specified amount
into a special abatement fund held by the county treasurer.
The county clerk shall then abate the park district tax
extension on the property within the municipality by the
amount in the abatement fund by apportioning the abatement
amount for each parcel of property according to the assessed
value as equalized by the board of review and Department of
Revenue. The county treasurer shall then pay the money in
the abatement fund to the park district. If the amount in
the abatement fund is more than the amount of the current tax
levy extended on the property, then the county treasurer
shall return the surplus amount to the municipal treasurer.
(c) For the purposes of the Property Tax Extension
Limitation Law, the amount of the extension abatement shall
continue to be included in the park district's aggregate
extension base.
(d) The municipal tax and abatement shall not exceed a
period of 10 years.
Section 10. The Park District Code is amended by adding
Section 8-23 as follows:
(70 ILCS 1205/8-23 new)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is
required as a condition of employment to authorize an
investigation to determine if the applicant has been
convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section or has been convicted,
within 7 years of the application for employment with the
park district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the park district. Upon receipt of this
authorization, the park district shall submit the applicant's
name, sex, race, date of birth, and social security number to
the Department of State Police on forms prescribed by the
Department of State Police. The Department of State Police
shall conduct an investigation to ascertain if the applicant
being considered for employment has been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has been convicted, within 7 years of the
application for employment with the park district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws
of this State. The Department of State Police shall charge
the park district a fee for conducting the investigation,
which fee shall be deposited in the State Police Services
Fund and shall not exceed the cost of the inquiry. The
applicant shall not be charged a fee by the park district for
the investigation.
(b) The Department of State Police shall furnish,
pursuant to positive identification, records of convictions,
until expunged, to the president of the park district. Any
information concerning the record of convictions obtained by
the president shall be confidential and may only be
transmitted to those persons who are necessary to the
decision on whether to hire the applicant for employment. A
copy of the record of convictions obtained from the
Department of State Police shall be provided to the applicant
for employment. Any person who releases any confidential
information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
(c) No park district shall knowingly employ a person who
has been convicted for committing attempted first degree
murder or for committing or attempting to commit first degree
murder, a Class X felony, or any one or more of the following
offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and
12-16 of the Criminal Code of 1961; (ii) those defined in the
Cannabis Control Act, except those defined in Sections 4(a),
4(b), and 5(a) of that Act; (iii) those defined in the
Illinois Controlled Substances Act; and (iv) any offense
committed or attempted in any other state or against the laws
of the United States, which, if committed or attempted in
this State, would have been punishable as one or more of the
foregoing offenses. Further, no park district shall
knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. No park district shall knowingly
employ a person for whom a criminal background investigation
has not been initiated.
Section 15. The Chicago Park District Act is amended by
adding Section 16a-5 as follows:
(70 ILCS 1505/16a-5 new)
Sec. 16a-5. Criminal background investigations.
(a) An applicant for employment with the Chicago Park
District is required as a condition of employment to
authorize an investigation to determine if the applicant has
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted, within 7 years of the application for employment
with the Chicago Park District, of any other felony under the
laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have
been punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the Chicago Park District. Upon receipt of this
authorization, the Chicago Park District shall submit the
applicant's name, sex, race, date of birth, and social
security number to the Department of State Police on forms
prescribed by the Department of State Police. The Department
of State Police shall conduct an investigation to ascertain
if the applicant being considered for employment has been
convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section or has been convicted,
within 7 years of the application for employment with the
Chicago Park District, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The
Department of State Police shall charge the Chicago Park
District a fee for conducting the investigation, which fee
shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry. The applicant
shall not be charged a fee by the Chicago Park District for
the investigation.
(b) The Department of State Police shall furnish,
pursuant to positive identification, records of convictions,
until expunged, to the General Superintendent and Chief
Executive Officer of the Chicago Park District. Any
information concerning the record of convictions obtained by
the General Superintendent and Chief Executive Officer shall
be confidential and may only be transmitted to those persons
who are necessary to the decision on whether to hire the
applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. Any
person who releases any confidential information concerning
any criminal convictions of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of
such information is authorized by this Section.
(c) The Chicago Park District may not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder, a Class X felony, or any one or more of the
following offenses: (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those
defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances Act; and
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the Chicago Park
District may not knowingly employ a person who has been found
to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. The Chicago
Park District may not knowingly employ a person for whom a
criminal background investigation has not been initiated.
Section 20. The School Code is amended by changing
Sections 10-21.9 and 34-18.5 as follows:
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified
applicants for employment with a school district, except
school bus driver applicants, are required as a condition of
employment to authorize an investigation to determine if such
applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section
or have been convicted, within 7 years of the application for
employment with the school district, of any other felony
under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the
United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this
State. Authorization for the investigation shall be furnished
by the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the investigation to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or
the appropriate regional superintendent, as the case may be,
shall submit the applicant's name, sex, race, date of birth
and social security number to the Department of State Police
on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the investigation
of the applicant has been requested. The Department of State
Police shall conduct an investigation to ascertain if the
applicant being considered for employment has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c) or has been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws
of this State. The Department shall charge the school
district or the appropriate regional superintendent a fee for
conducting such investigation, which fee shall be deposited
in the State Police Services Fund and shall not exceed the
cost of the inquiry; and the applicant shall not be charged a
fee for such investigation by the school district or by the
regional superintendent. The regional superintendent may
seek reimbursement from the State Board of Education or the
appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal
background investigations required by this Section.
(b) The Department shall furnish, pursuant to positive
identification, records of convictions, until expunged, to
the president of the school board for the school district
which requested the investigation, or to the regional
superintendent who requested the investigation. Any
information concerning the record of convictions obtained by
the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
investigation was requested by the school district, the
presidents of the appropriate school boards if the
investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. If an
investigation of an applicant for employment as a substitute
or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district
was requested by the regional superintendent, and the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws
of this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional
superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of
State Police the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school district, of any other felony
under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the
United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this
State. The school board of any school district located in
the educational service region served by the regional
superintendent who issues such a certificate to an applicant
for employment as a substitute teacher in more than one such
district may rely on the certificate issued by the regional
superintendent to that applicant, or may initiate its own
investigation of the applicant through the Department of
State Police as provided in subsection (a). Any person who
releases any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of
a Class A misdemeanor, unless the release of such information
is authorized by this Section.
(c) No school board shall knowingly employ a person who
has been convicted for committing attempted first degree
murder or for committing or attempting to commit first degree
murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
and 12-16 of the "Criminal Code of 1961"; (ii) those defined
in the "Cannabis Control Act" except those defined in
Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
in the "Illinois Controlled Substances Act"; and (iv) any
offense committed or attempted in any other state or against
the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, no school board
shall knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) No school board shall knowingly employ a person for
whom a criminal background investigation has not been
initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the appropriate regional superintendent of
schools or the State Superintendent of Education shall
initiate the certificate suspension and revocation
proceedings authorized by law.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than one school district
and assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization for investigation prepared by each such
employee and submitting the same to the Department of State
Police. Any information concerning the record of conviction
of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the
appropriate school board or school boards.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified
applicants for employment with the school district are
required as a condition of employment to authorize an
investigation to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section or have been convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, or a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the investigation to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or
the appropriate regional superintendent, as the case may be,
shall submit the applicant's name, sex, race, date of birth
and social security number to the Department of State Police
on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the investigation
of the applicant has been requested. The Department of State
Police shall conduct an investigation to ascertain if the
applicant being considered for employment has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c) or has been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws
of this State. The Department shall charge the school
district or the appropriate regional superintendent a fee for
conducting such investigation, which fee shall be deposited
in the State Police Services Fund and shall not exceed the
cost of the inquiry; and the applicant shall not be charged a
fee for such investigation by the school district or by the
regional superintendent. The regional superintendent may
seek reimbursement from the State Board of Education or the
appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal
background investigations required by this Section.
(b) The Department shall furnish, pursuant to positive
identification, records of convictions, until expunged, to
the president of the board of education for the school
district which requested the investigation, or to the
regional superintendent who requested the investigation. Any
information concerning the record of convictions obtained by
the president of the board of education or the regional
superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the investigation was requested by the
board of education for the school district, the presidents of
the appropriate board of education or school boards if the
investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. If an
investigation of an applicant for employment as a substitute
or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district
was requested by the regional superintendent, and the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws
of this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional
superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of
State Police the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school district, of any other felony
under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the
United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this
State. The school board of any school district located in
the educational service region served by the regional
superintendent who issues such a certificate to an applicant
for employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
in more than one such district may rely on the certificate
issued by the regional superintendent to that applicant, or
may initiate its own investigation of the applicant through
the Department of State Police as provided in subsection (a).
Any person who releases any confidential information
concerning any criminal convictions of an applicant for
employment shall be guilty of a Class A misdemeanor, unless
the release of such information is authorized by this
Section.
(c) The board of education shall not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those
defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances Act; and
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of
any minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987.
(d) The board of education shall not knowingly employ a
person for whom a criminal background investigation has not
been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the board of education or the State
Superintendent of Education shall initiate the certificate
suspension and revocation proceedings authorized by law.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than one school district
and assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization for investigation prepared by each such
employee and submitting the same to the Department of State
Police. Any information concerning the record of conviction
of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the
appropriate school board or school boards.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
Section 90. The State Mandates Act is amended by adding
Section 8.24 as follows:
(30 ILCS 805/8.24 new)
Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 91st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.
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