Illinois General Assembly - Full Text of Public Act 094-0961
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Public Act 094-0961




Public Act 094-0961
SB2952 Enrolled LRB094 19069 EFG 54571 b

    AN ACT in relation to information technology.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Findings; purpose; validation.
    (a) The General Assembly finds and declares that:
        (1) Public Act 88-669, effective November 29, 1994,
    contained provisions creating the Illinois Geographic
    Information Council Act. Public Act 88-669 also contained
    other provisions.
        (2) The Illinois Supreme Court declared Public Act
    88-669 to be unconstitutional as a violation of the single
    subject clause of the Illinois Constitution in People v.
    Olender, Docket No. 98932, opinion filed December 15, 2005.
    (b) The purpose of this Act is to re-enact the provisions
of the Illinois Geographic Information Council Act and to
minimize or prevent any problems concerning those provisions
that may arise from the unconstitutionality of Public Act
88-669. This re-enactment is intended to remove any question as
to the validity and content of those provisions; it is not
intended to supersede any other Public Act that amends the
provisions re-enacted in this Act. The re-enacted material is
shown in this Act as existing text (i.e., without underscoring)
and may include changes made by subsequent amendments. The
re-enacted material includes some revisory changes; the
revisory changes are shown by striking and underscoring.
    (c) The re-enactment of provisions of the Illinois
Geographic Information Council Act by this Act is not intended,
and shall not be construed, to impair any legal argument
concerning whether those provisions were substantially
re-enacted by any other Public Act.
    (d) All otherwise lawful actions taken before the effective
date of this Act in reliance on or pursuant to the provisions
re-enacted by this Act, as those provisions were set forth in
Public Act 88-669 or as subsequently amended, by any officer,
employee, or agency of State government or by any other person
or entity, are hereby validated, except to the extent
prohibited under the Illinois or United States Constitution.
This validation expressly includes the appointment of members
by the Governor to the Geographic Information Council, and the
members so appointed who are presently serving shall continue
to serve at the pleasure of the Governor.
    (e) This Act applies, without limitation, to actions
pending on or after the effective date of this Act, except to
the extent prohibited under the Illinois or United States
    Section 5. The Illinois Geographic Information Council Act
is amended by re-enacting and amending Sections 5-1 and 5-5 and
by re-enacting Sections 5-10, 5-15, 5-20, 5-25, and 5-30 as
    (20 ILCS 1128/5-1)
    Sec. 5-1. Short title. This Act Article may be cited as the
Illinois Geographic Information Council Act.
(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95.)
    (20 ILCS 1128/5-5)
    Sec. 5-5. Council. The Illinois Geographic Information
Council, hereinafter called the "Council", is created within
the Department of Natural Resources.
    The Council shall consist of 17 voting members, as follows:
the Illinois Secretary of State, the Illinois Secretary of
Transportation, the Directors of the Illinois Departments of
Agriculture, Central Management Services, Commerce and
Economic Opportunity Community Affairs, Nuclear Safety, Public
Health, Natural Resources, and Revenue, the Directors of the
Illinois Emergency Management Agency and the Illinois
Environmental Protection Agency, the President of the
University of Illinois, the Chairman of the Illinois Commerce
Commission, plus 4 members of the General Assembly, one each
appointed by the Speaker and Minority Leader of the House and
the President and Minority Leader of the Senate. An ex officio
voting member may designate another person to carry out his or
her duties on the Council.
    In addition to the above members, the Governor may appoint
up to 10 additional voting members, representing local,
regional, and federal agencies, professional organizations,
academic institutions, public utilities, and the private
    Members appointed by the Governor shall serve at the
pleasure of the Governor.
(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95;
89-445, eff. 2-7-96; revised 12-6-03.)
    (20 ILCS 1128/5-10)
    Sec. 5-10. Chairmen; compensation.
    (a) One of the members who is not an ex officio member,
selected annually by the voting members, and the Director of
Natural Resources shall serve as co-chairmen of the Council.
    (b) Non-State employees of the Council shall serve without
compensation but may be reimbursed for actual expenses incurred
in the performance of their duties out of funds appropriated to
the Department of Natural Resources for that purpose.
(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95;
89-445, eff. 2-7-96.)
    (20 ILCS 1128/5-15)
    Sec. 5-15. Technical and clerical assistance. The
Department of Natural Resources shall provide the Council with
any technical and clerical assistance or other support services
that may be necessary for carrying out its duties.
(Source: P.A. 88-669, eff. 11-29-94; 89-445, eff. 2-7-96.)
    (20 ILCS 1128/5-20)
    Sec. 5-20. Meetings. The Council shall meet upon the call
of its chairmen and shall meet at least twice a year.
(Source: P.A. 88-669, eff. 11-29-94.)
    (20 ILCS 1128/5-25)
    Sec. 5-25. Duties and powers. The Council shall establish a
User Advisory Committee. The Committee is the technical arm of
the Council. The Committee shall evaluate the Task Force
recommendations and identify the most important issues, which
include database development, standards, data sharing,
partnerships, applications, technical considerations, and
funding. The Committee shall create subcommittees addressing
relevant issues. Members of the Committee shall chair and
coordinate the subcommittees.
(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95.)
    (20 ILCS 1128/5-30)
    Sec. 5-30. Evaluation of proposals.
    The Council shall evaluate proposals made by the User
Advisory Committee and make recommendations to the Governor and
General Assembly on the efficient development, use, and funding
of geographic information management technology (GIMT) for
Illinois' State, regional, local, and academic agencies and
    These include:
        (1) Standards for the collection (geodetic),
    maintenance, dissemination, and documentation of spatial
    data, consistent with established and on-going development
    of national standards and guidelines when applicable.
        (2) Funding strategies that encourage and support the
    use of GIMT at local levels of government.
        (3) Examining the impacts of the Freedom of Information
    Act as it applies to digital data dissemination.
        (4) Statewide basemap development.
        (5) The development of multiyear strategies for
    integration of GIMT in Illinois.
        (6) The Council shall report to the Governor and the
    General Assembly by January 31st of each year on:
            (a) the current status of efforts to integrate GIMT
        into the decision making, evaluation, planning, and
        management activities of State and local governments;
            (b) the current status of integration of State and
        local government efforts with those of the federal
        government and the private sector; and
            (c) Council objectives for the next 12-month
        (7) As necessary, the Council may enter into agreements
    with professional non-profit organizations to achieve its
        (8) The Council may accept grants and gifts from
    corporations, for-profit or not-for-profit, or
    associations for the purpose of conducting research,
    evaluations, or demonstration projects directed towards
    the development of an integrated statewide system of
    geographic information management technology.
(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/27/2006