SB0189sam001 94TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/8/2005

09400SB0189sam001 LRB094 03510 AJO 44604 a

AMENDMENT TO SENATE BILL 189

AMENDMENT NO. ______. Amend Senate Bill 189 on page 1, line 4, after "by", by inserting the following:

"changing Sections 10 and 10.2 and"; and

on page 1, between lines 5 and 6, by inserting the following:

"(50 ILCS 705/10) (from Ch. 85, par. 510)

Sec. 10. The Board may make, amend and rescind such rules and regulations as may be necessary to carry out the provisions of this Act, including those relating to the annual certification of retired law enforcement officers qualified under federal law to carry a concealed weapon. A copy of all rules and regulations and amendments or rescissions thereof shall be filed with the Secretary of State within a reasonable time after their adoption. The schools certified by the Board and participating in the training program may dismiss from the school any trainee prior to his completion of the course, if in the opinion of the person in charge of the training school, the trainee is unable or unwilling to satisfactorily complete the prescribed course of training.

(Source: Laws 1965, p. 3099.)

(50 ILCS 705/10.2)

Sec. 10.2. Criminal background investigations.

(a) On and after the effective date of this amendatory Act of the 92nd General Assembly, an applicant for employment as a peace officer, or for annual certification as a retired law enforcement officer qualified under federal law to carry a concealed weapon, shall authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a peace officer.

(b) No law enforcement agency may knowingly employ a person, or certify a retired law enforcement officer qualified under federal law to carry a concealed weapon, unless (i) a criminal background investigation of that person has been completed and (ii) that investigation reveals no convictions of offenses specified in subsection (a) of Section 6.1 of this Act.

(Source: P.A. 92-533, eff. 3-14-02.)"; and

on page 1, line 14, by replacing "Section 1" with "Sections 1 and 3"; and

on page 2, between lines 5 and 6, by inserting the following:

"(50 ILCS 710/3) (from Ch. 85, par. 517)

Sec. 3. The Board is charged with enforcing this Act and making inspections to insure compliance with its provisions, and is empowered to promulgate rules necessary for its administration and enforcement, including those relating to the annual certification of retired law enforcement officers qualified under federal law to carry a concealed weapon. All units of government or other agencies which employ or utilize peace officers, or that certify retired law enforcement officers qualified under federal law to carry a concealed weapon, shall cooperate with the Board by furnishing relevant information which the Board may require. The Executive Director of the Board shall report annually, no later than February 1, to the Board, with copies to the Governor and the General Assembly, the results of these inspections and provide other related information and recommendations as it deems proper.

(Source: P.A. 92-84, eff. 7-1-02.)"; and

on page 2, line 8, after "2", by inserting ", 3,"; and

on page 3, between lines 7 and 8, by inserting the following:

"(50 ILCS 720/3) (from Ch. 85, par. 563)

Sec. 3. Powers and Duties.

(a) Powers and Duties of the Advisory Board.

(1) To incorporate as a general not-for-profit corporation or other appropriate structure under Illinois law.

(2) To adopt By-Laws and Operating Procedures.

(3) To designate a Financial Officer who is an elected local government official.

(4) To employ a coordinator and to approve the employment of such other full or part-time staff as may be required.

(5) To develop and approve the total budget for the Mobile Team annually.

(6) To determine equitable formulae for providing the local share of cost of the Mobile Team, and to assure receipt of such funds from participating units of local government.

(7) To oversee the development of training programs, the delivery of training, and the proper expenditure of funds.

(8) To carry out such other actions or activities appropriate to the operation of the Mobile Team including but not limited to contracting for services and supplies, and purchase of furniture, fixtures, equipment and supplies.

(9) To exercise all other powers and duties as are reasonable to fulfill its functions in furtherance of the purposes of this Act.

(b) Powers and Duties of the Illinois Law Enforcement Training Standards Board.

(1) To act as the State agency participant on each Mobile Team Advisory Board.

(2) To act as the State agency to coordinate the actions of Mobile Teams established in the State.

(3) To determine that the Mobile Team meets the criteria for the receipt of funds from the State in accordance with Section 4 of this Act.

(4) To budget for and authorize quarterly disbursement of State funds up to 50% of the total approved budget of the eligible Mobile Team.

(5) To establish such reasonable rules and regulations as the Director deems necessary to carry out the duties described in this Act, including those relating to the annual certification of retired law enforcement officers qualified under federal law to carry a concealed weapon.

(c) Powers and Duties of the Coordinator of an Advisory Board.

(1) To manage and coordinate the ongoing operations of the Mobile Team.

(2) To employ and supervise additional authorized full or part-time staff.

(3) To arrange for qualified instructors from among the employees of State, local or federal Departments or agencies wherever practical and to obtain other instructional services as required.

(Source: P.A. 88-586, eff. 8-12-94.)".