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| Public Act 098-0745
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| HB5864 Enrolled | LRB098 17949 JLK 53073 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Safety Agency Network Act is |
amended by changing Sections 15, 20, 30, and 35 as follows:
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(50 ILCS 752/15)
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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 |
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offices as determined by the Board.
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(Source: P.A. 94-896, eff. 7-1-06.)
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(50 ILCS 752/20)
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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 |
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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.
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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.
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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.
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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.
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IPSAN shall comply with reporting requirements under the |
General Not for Profit Corporation Act of 1986 and related |
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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.
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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.
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(Source: P.A. 94-896, eff. 7-1-06.)
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(50 ILCS 752/30)
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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; |
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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. |
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(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.
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(Source: P.A. 94-896, eff. 7-1-06.)
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(50 ILCS 752/35)
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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.
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(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.
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(f) IPSAN shall comply with reporting requirements as |
prescribed in the General Not for Profit Corporation Act of |
