Public Act 098-0745
 
HB5864 EnrolledLRB098 17949 JLK 53073 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Safety Agency Network Act is
amended by changing Sections 15, 20, 30, and 35 as follows:
 
    (50 ILCS 752/15)
    Sec. 15. Partnership established. A not-for-profit
corporation to be known as "Illinois Public Safety Agency
Network" shall be 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 but shall have statewide jurisdiction to fulfill
the findings and purpose declared in Section 10. 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
General Not for Profit Corporation Act of 1986 and related
regulations promulgated by the Secretary of State, the Open
Meetings Act, the State Records Act, and the Freedom of
Information Act. IPSAN shall establish one or more corporate
offices as determined by the Board.
(Source: P.A. 94-896, eff. 7-1-06.)
 
    (50 ILCS 752/20)
    Sec. 20. Board of directors. IPSAN shall be governed by a
board of directors. The IPSAN Board shall consist of 6 voting
14 members. Three members Nine of the members shall be voting
members, 3 of whom shall be appointed by the Illinois Sheriffs'
Association, and 3 members of whom shall be appointed by the
Illinois Association of Chiefs of Police. To the extent
practical, voting members should be active or retired chiefs of
police or sheriffs, should represent Statewide interests of the
Associations that appointed them, and should attend board
meetings , 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 Corrections, the Director of the
Illinois Emergency Management Agency, 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, may be invited by the board of directors to
serve as shall be non-voting ex officio members. The Executive
Director appointed under Section 30 of this Act shall serve as
a non-voting ex-officio member of the board.
    Members shall serve terms of one year at the pleasure of
the Association making the appointment, but shall be eligible
for re-appointment. 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 in the same
manner as the original by appointment for the remainder of the
vacated term.
    Members of the Board shall receive no compensation but
shall be reimbursed for reasonable expenses incurred in the
performance of their duties. However, a board member who is a
retired chief of police or retired sheriff may be entitled to
reimbursement for services provided to or on behalf of IPSAN as
may be appropriate.
    The Board shall designate a temporary president chair of
the Board from among the members, who shall serve until a
permanent president chair is elected by the Board of Directors.
The Board shall meet at the call of the president, or as
otherwise provided in the bylaws, rules, and policies of the
board chair.
    IPSAN shall comply with reporting requirements under the
General Not for Profit Corporation Act of 1986 and related
regulations promulgated by the Secretary of State. The
Executive Director appointed under Section 30 of this Act shall
have the authority to sign and file all required reports.
    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.
(Source: P.A. 94-896, eff. 7-1-06.)
 
    (50 ILCS 752/30)
    Sec. 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.
    Such grants shall include federal and State grants for
    enhancements to public safety communications and
    management systems, and the promotion of interoperability
    between all public safety disciplines throughout the
    State; administer any , payment, or gift of funds or
    property; execute a note or notes and to execute a mortgage
    or trust deed to secure the payment of the same with real
    estate, or some part thereof, or personal property owned by
    the corporation. Proceeds of the note or notes may be used
    in the acquisition of personal property or of real estate
    or in the erection of improvements on such real estate; and
    make expenditures consistent with the powers granted to it.
        (2) Make and enter into contracts, agreements, and
    other instruments necessary or convenient for the exercise
    of its powers and to facilitate the use by the members of
    IPSAN of other criminal justice information systems and
    networks.
        (2.5) Purchase or lease either real or personal
    property to be used for corporate purposes. Such purchases
    or leases shall be made through contracts that provide for
    the consideration for any such purchase or lease to be paid
    through installments to be made at stated intervals during
    a certain period of time. In no case shall such contracts
    provide for the consideration to be paid during a period of
    time in excess of 25 years.
        (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 and policies, 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 this Act and the
    Board's bylaws, rules, and policies.
(Source: P.A. 94-896, eff. 7-1-06.)
 
    (50 ILCS 752/35)
    Sec. 35. Finances; audits; annual report.
    (a) (Blank). 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 by the State
Treasurer notwithstanding current obligations as determined by
the IPSAN Board in cooperation with the Authority.
    (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.
    (c) (Blank). 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.
    (f) IPSAN shall comply with reporting requirements as
prescribed in the General Not for Profit Corporation Act of
1986 and related regulations promulgated by the Secretary of
State.
(Source: P.A. 94-896, eff. 7-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.