Bill Text: IL SB3548 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Public Safety Agency Network Act. Provides that the Executive Director of the Illinois Public Safety Agency Network (IPSAN) shall have the authority to tender required reports. Provides that the IPSAN board shall consist of 9 members (now, 14). Sets forth requirements concerning expertise of the board members, voting, and terms. Removes provisions concerning the development of policies and certain reports. Provides that the board may execute notes and mortgage or trust deeds to secure the payment of the notes and may purchase or lease real estate or personal property. Removes provisions concerning the transfer of funds from the Criminal Justice Information Systems Trust Fund, the acceptance of certain services from board members, and reporting of certain information to the Governor and General Assembly. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3548 Detail]

Download: Illinois-2011-SB3548-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3548 Introduced 2/8/2012, by Sen. Tim Bivins SYNOPSIS AS INTRODUCED:
50 ILCS 752/15
50 ILCS 752/20
50 ILCS 752/30
50 ILCS 752/35
Amends the Illinois Public Safety Agency Network Act. Provides that the Executive Director of the Illinois Public Safety Agency Network (IPSAN) shall have the authority to tender required reports. Provides that the IPSAN board shall consist of 9 members (now, 14). Sets forth requirements concerning expertise of the board members, voting, and terms. Removes provisions concerning the development of policies and certain reports. Provides that the board may execute notes and mortgage or trust deeds to secure the payment of the notes and may purchase or lease real estate or personal property. Removes provisions concerning the transfer of funds from the Criminal Justice Information Systems Trust Fund, the acceptance of certain services from board members, and reporting of certain information to the Governor and General Assembly. Effective immediately.
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A BILL FOR
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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 and the Executive
Director as Chief Operations Officer, as described in this Act,
shall have the authority to tender required reports. IPSAN
shall not be a State agency, but shall have statewide
jurisdiction to fulfill the findings and purpose declared in
this Act. 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

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State 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 9 14
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). To the extent practical, members appointed by the
Associations should be active or retired chiefs or sheriffs,
and should represent statewide interests of the respective
appointing Association. 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

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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 described in this Act shall
serve as a non-voting ex officio member of the board of
directors.
Members shall serve terms of one year, at the pleasure of
the respective association, but shall annually 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 by appointment
by the respective appointing association 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. A board member, who is a retired
member of the appointing Association, may be entitled to
reimbursement for services provided to or on behalf of IPSAN as
may be appropriate from time-to-time.
The Board shall designate a temporary 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 the bylaws,
rules and policies of the board of directors may otherwise
provide chair.

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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.
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

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fees charged for services and published materials;
solicit, receive, hold, invest, and administer any grant,
including 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, 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 note or notes, the trust deed or mortgage shall cover
real estate, or some part thereof, or personal property
owned by the corporation and the lien of the mortgage shall
apply to the real estate or personal property so mortgaged
by the corporation, and the 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 the 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.
(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

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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.
(10) Purchase or lease either real estate or personal
property to be used for the purposes of the corporation
through contracts which provide for the consideration for
any purchase or lease to be paid through installments to be
made at stated intervals during a certain period of time,
but, in no case, shall the contracts provide for the
consideration to be paid during a period of time in excess

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of 25 years.
(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) (Blank) IPSAN shall report annually on its activities

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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.