SB2137 94TH GENERAL ASSEMBLY

LRB094 14553 RSP 49493 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2137

Introduced 10/19/2005, by Sen. Debbie DeFrancesco Halvorson

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 3930/7	from Ch. 38, par. 210-7
20 ILCS 3930/9	from Ch. 38, par. 210-9

Creates the Illinois Public Safety Agency Network Act. Provides for the creation of the Illinois Public Safety Agency Network (IPSAN) as a not-for-profit corporation to develop and operate comprehensive interoperable communications systems for law enforcement. Authorizes IPSAN to succeed the Illinois Criminal Justice Information Authority in the management, operation, and general oversight of law enforcement communications and information systems including existing ALERTS, ALECS, and PIMS networks. Makes corresponding changes to reflect this succession. Provides that IPSAN shall monitor existing criminal justice information systems, enter into contracts for computer software or designs developed for the Illinois criminal justice system, establish general policies concerning these information systems, and exercise any other powers that are reasonable and necessary to carry out the objectives and purposes of the Act. Provides for the appointment of an IPSAN Board of Directors. Sets forth powers and duties of the Board. Requires moneys of the Criminal Justice Information Systems Trust Fund to be deposited into the IPSAN operating fund. Establishes an Advisory Committee to assist the Board. Provides for a lease agreement program under which IPSAN may hire individuals employed by the Illinois Criminal Justice Information Authority or who are employed by the Office of the Governor in support of criminal justice information programs. Requires State executive branch agencies to consult with IPSAN in order to ensure the interoperability of existing and future public safety communication systems and criminal justice database programs or networks. Amends the Illinois Criminal Justice Information Act. Effective January 1, 2006.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Public Safety Agency Network Act.

Section 5. Definitions. As used in this Act, unless the context requires otherwise:

"ALECS" means the Automated Law Enforcement Communications System.

"ALERTS" means the Area-wide Law Enforcement Radio Terminal System.

"Authority" means the Illinois Criminal Justice Information Authority.

"Board" means the Board of Directors of Illinois Public Safety Agency Network, Inc.

"IPSAN" or "Partnership" means Illinois Public Safety Agency Network, Inc., the not-for-profit entity incorporated as provided in this Act.

"PIMS" means the Police Information Management System.

"Trust Fund" means the Criminal Justice Information Systems Trust Fund.

Section 10. Findings; purpose. The General Assembly finds that it is important to promote intergovernmental cooperation between units of local government. Therefore, the purpose of IPSAN is to continue the ALERTS, PIMS, and ALECS systems, which have been developed by the Authority, through the intergovernmental cooperation of local public safety agencies, including sheriffs' offices, municipal police departments, and firefighting agencies, which have been funded wholly by local taxpayers through user's fees since 1986. The General Assembly also finds that development and future enhancements to public safety communications and management systems and the promotion of interoperability between all public safety disciplines are in the best of interest of the people of the State of Illinois.

Section 15. Partnership established. A not-for-profit corporation to be known as "Illinois Public Safety Agency Network" is created. IPSAN shall be incorporated under the General Not for Profit Corporation Act of 1986 and shall be registered, incorporated, organized, and operated in compliance with the laws of this State. IPSAN shall not be a State agency. The General Assembly determines, however, that public policy dictates that IPSAN operate in the most open and accessible manner consistent with its public purpose. To this end, the General Assembly specifically declares that IPSAN and its Board and Advisory Committee shall adopt and adhere to the provisions of the State Records Act, the Open Meetings Act, and the Freedom of Information Act. IPSAN shall establish one or more corporate offices as determined by the Board.

Section 20. Board of directors. IPSAN shall be governed by a board of directors. The IPSAN Board shall consist of 12 members. Nine of the members shall be voting members, 3 of whom shall be appointed by the Illinois Sheriffs' Association, 3 of whom shall be appointed by the Illinois Association of Chiefs of Police, and 3 of whom shall be appointed by the Illinois Fire Chiefs Association, all of those Associations consisting of representatives of criminal justice agencies that are the users of criminal justice information systems developed and operated for them by the Authority before the effective date of this Act or by the IPSAN on or after the effective date of this Act. Voting members shall be appointed in such a fashion as to guarantee the representation of all 3 systems (ALERTS, ALECS, and PIMS). The Director of the Illinois State Police, the Sheriff of Cook County, and the Superintendent of the Chicago Police Department, or the designee of each, shall be non-voting ex officio members.

Of the initial members appointed, 6 members shall serve 4-year terms and 3 members shall serve 2-year terms, as designated by the respective Associations. Thereafter, members appointed shall serve 4-year terms. A vacancy among members appointed shall be filled by appointment for the remainder of the vacated term.

Members of the Board shall receive no compensation but shall be reimbursed for expenses incurred in the performance of their duties.

The Governor shall designate a temporary chair of the Board from among the members, who shall serve until a permanent chair is elected by the Board of Directors. The Board shall meet at the call of the chair.

Not less than 90 days after a majority of the members of the Board of Directors of the IPSAN are appointed, the Board shall develop a policy adopted by resolution of the Board stating the Board's plan for the use of services provided by businesses owned by minorities, females, and persons with disabilities, as defined under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. The Board shall provide a copy of this resolution to the Governor and the General Assembly upon its adoption.

On December 31 of each year, the Board shall report to the General Assembly and the Governor regarding the use of services provided by businesses owned by minorities, females, and persons with disabilities, as defined under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

Section 25. Powers of IPSAN. IPSAN has the power to:

(1) Develop and operate comprehensive communications systems or use previously developed comprehensive information systems for the improvement and coordination of all aspects of law enforcement, prosecution, and corrections.

(2) Monitor the operation of existing criminal justice information systems in order to protect the constitutional rights and privacy of individuals about whom criminal history record information has been collected.

(3) Enter into contracts and cooperate with units of local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois criminal justice system, or to participate in the cooperative development or design of new software or systems to be used by the Illinois criminal justice system and public safety agencies. Revenues received as a result of such arrangement shall be deposited into the IPSAN operating fund.

(4) Establish general policies concerning criminal justice information systems and promulgate policies and procedures as are necessary to the operation of IPSAN and to the uniform consideration of appeals and audits.

(5) Advise and make recommendations to the Governor and the General Assembly on policies relating to criminal justice information systems.

(6) Exercise any other powers that are reasonable, necessary, or convenient to fulfill its responsibilities to carry out and to effectuate the objectives and purposes of this Act, and to comply with the requirements of applicable federal and State laws, rules, and regulations; except that the powers do not include the power to subpoena or arrest.

(7) Charge fees for and recover the costs of its services.

(8) Participate in the authority and responsibility of the State's criminal justice information systems, initiatives, undertakings, and efforts. IPSAN and its Board may exercise their powers and shall perform their duties in accordance with the fulfillment of IPSAN's responsibility for the management and operation of the ALERTS, PIMS, and ALECS systems.

(9) Assume from the Illinois Criminal Justice Information Authority on January 1, 2006, all contractual personnel, books, records, papers, documents, property, both real and personal, and pending business in any way pertaining to the operations of the ALERTS, ALECS, and PIMS systems managed by the Authority including, but not limited to, radio frequencies, licenses, software, hardware, IP addresses, proprietary information, code, and other required information and elements necessary for the successful operation, future development, and transition of the systems.

(10) Make all necessary agreements to facilitate the use by the members of IPSAN other criminal justice information systems and networks operated by the State or federal government.

Section 30. Powers of the Board of Directors. The Board of Directors shall have the power to:

(1) Secure funding for programs and activities of IPSAN from federal, State, local, and private sources and from fees charged for services and published materials; solicit, receive, hold, invest, and administer any grant, payment, or gift of funds or property; and make expenditures consistent with the powers granted to it.

(2) Make and enter into contracts and other instruments necessary or convenient for the exercise of its powers and functions.

(3) Sue and be sued, and appear and defend in all actions and proceedings, in its corporate name to the same extent as a natural person.

(4) Adopt, use, and alter a common corporate seal for IPSAN.

(5) Elect, employ, or appoint officers and agents as its affairs require and allow them reasonable compensation.

(6) Adopt, amend, and repeal bylaws, not inconsistent with the powers granted to it or the articles of incorporation, for the administration of the affairs of IPSAN and the exercise of its corporate powers.

(7) Acquire, enjoy, use, and dispose of patents, copyrights, and trademarks and any licenses, radio frequencies, royalties, and other rights or interests thereunder or therein.

(8) Do all acts and things necessary or convenient to carry out the powers granted to it.

(9) Appoint an Executive Director who shall serve as the Chief Operations Officer of IPSAN and who shall direct and supervise the administrative affairs and activities of the Board and of IPSAN, in accordance with the Board's by-laws, rules, and policies.

Section 35. Finances; audits; annual report.

(a) The current balance of the Criminal Justice Information Systems Trust Fund upon the effective date of this Act and all future moneys deposited into that Fund shall be promptly transferred to the IPSAN operating fund.

(b) IPSAN may accept funds, grants, gifts, and services from the government of the United States or its agencies, from this State or its departments, agencies, or instrumentalities, from any other governmental unit, and from private and civic sources for the purpose of funding any projects authorized by this Act. IPSAN may receive appropriations.

(c) Services of personnel, use of equipment and office space, and other necessary services may be accepted from members of the Board as part of IPSAN's financial support.

(d) The Board shall arrange for the annual financial audit of IPSAN by one or more independent certified public accountants in accordance with generally accepted accounting principles. The annual audit results shall be included in the annual report required under subsection (e) of this Section.

(e) IPSAN shall report annually on its activities and finances to the Governor and the members of the General Assembly.

Section 40. Advisory Committee. An Advisory Committee is established for the benefit of IPSAN and its Board of Directors in the performance of their powers, duties, and functions under this Act. The Board shall provide for the number, qualifications, and appointment of members of the Advisory Committee.

Section 45. Employees. The Illinois Criminal Justice Information Authority may establish a lease agreement program under which IPSAN may hire any individual who, as of January 1, 2006, is employed by the Illinois Criminal Justice Information Authority or who, as of January 1, 2006, is employed by the Office of the Governor and has responsibilities specifically in support of a criminal justice information program. Under the agreement, the employee shall retain his or her status as a State employee but shall work under the direct supervision of IPSAN. Retention of State employee status shall include the right to participate in the State Employees Retirement System. The Department of Central Management Services and the Board shall establish the terms and conditions of the lease agreements.

Section 50. Other State programs. State executive branch agencies shall consult with IPSAN in order to ensure the interoperability of existing and future public safety communication systems and criminal justice database programs or networks authorized by law as of or after the effective date of this Act.

Section 60. The Illinois Criminal Justice Information Act is amended by changing Sections 7 and 9 as follows:

(20 ILCS 3930/7) (from Ch. 38, par. 210-7)

Sec. 7. Powers and Duties. Subject to the provisions of the Illinois Public Safety Agency Network Act, the The Authority shall have the following powers, duties and responsibilities:

(a) To develop and operate comprehensive information systems for the improvement and coordination of all aspects of law enforcement, prosecution and corrections;

(b) To define, develop, evaluate and correlate State and local programs and projects associated with the improvement of law enforcement and the administration of criminal justice;

(c) To act as a central repository and clearing house for federal, state and local research studies, plans, projects, proposals and other information relating to all aspects of criminal justice system improvement and to encourage educational programs for citizen support of State and local efforts to make such improvements;

(d) To undertake research studies to aid in accomplishing its purposes;

(e) To monitor the operation of existing criminal justice information systems in order to protect the constitutional rights and privacy of individuals about whom criminal history record information has been collected;

(f) To provide an effective administrative forum for the protection of the rights of individuals concerning criminal history record information;

(g) To issue regulations, guidelines and procedures which ensure the privacy and security of criminal history record information consistent with State and federal laws;

(h) To act as the sole administrative appeal body in the State of Illinois to conduct hearings and make final determinations concerning individual challenges to the completeness and accuracy of criminal history record information;

(i) To act as the sole, official, criminal justice body in the State of Illinois to conduct annual and periodic audits of the procedures, policies, and practices of the State central repositories for criminal history record information to verify compliance with federal and state laws and regulations governing such information;

(j) To advise the Authority's Statistical Analysis Center;

(k) To apply for, receive, establish priorities for, allocate, disburse and spend grants of funds that are made available by and received on or after January 1, 1983 from private sources or from the United States pursuant to the federal Crime Control Act of 1973, as amended, and similar federal legislation, and to enter into agreements with the United States government to further the purposes of this Act, or as may be required as a condition of obtaining federal funds;

(l) To receive, expend and account for such funds of the State of Illinois as may be made available to further the purposes of this Act;

(m) To enter into contracts and to cooperate with units of general local government or combinations of such units, State agencies, and criminal justice system agencies of other states for the purpose of carrying out the duties of the Authority imposed by this Act or by the federal Crime Control Act of 1973, as amended;

(n) To enter into contracts and cooperate with units of general local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois criminal justice system, or to participate in the cooperative development or design of new software or systems to be used by the Illinois criminal justice system. Revenues received as a result of such arrangements shall be deposited in the Criminal Justice Information Systems Trust Fund.

(o) To establish general policies concerning criminal justice information systems and to promulgate such rules, regulations and procedures as are necessary to the operation of the Authority and to the uniform consideration of appeals and audits;

(p) To advise and to make recommendations to the Governor and the General Assembly on policies relating to criminal justice information systems;

(q) To direct all other agencies under the jurisdiction of the Governor to provide whatever assistance and information the Authority may lawfully require to carry out its functions;

(r) To exercise any other powers that are reasonable and necessary to fulfill the responsibilities of the Authority under this Act and to comply with the requirements of applicable federal law or regulation;

(s) To exercise the rights, powers and duties which have been vested in the Authority by the "Illinois Uniform Conviction Information Act", enacted by the 85th General Assembly, as hereafter amended; and

(t) To exercise the rights, powers and duties which have been vested in the Authority by the Illinois Motor Vehicle Theft Prevention Act.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 85-922; 86-1408.)

(20 ILCS 3930/9) (from Ch. 38, par. 210-9)

Sec. 9. Criminal Justice Information Systems Trust Fund. The special fund in the State Treasury known as the Criminal Justice Information Systems Trust Fund shall be funded in part from users' fees collected from criminal justice agencies that are the users of information systems developed and operated for them by the Authority. The users' fees shall be based on pro rated shares according to the share of operating cost that is attributed to each agency, as determined by the Authority. Prior to the effective date of the Illinois Public Safety Agency Network Act, the The General Assembly shall make an appropriation from the Criminal Justice Information Systems Trust Fund for the operating expenses of the Authority incident to providing the services described in this Section. On and after the effective date of the Illinois Public Safety Agency Network Act, distributions from the Fund shall be made as provided in that Act.

(Source: P.A. 86-1227.)

Section 93. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect January 1, 2006.