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.



LRB097 19844 KMW 65121 b


 
 
A BILL FOR
 


SB3548LRB097 19844 KMW 65121 b



1 AN ACT concerning local government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Public Safety Agency Network Act is 
5amended by changing Sections 15, 20, 30, and 35 as follows:

6 (50 ILCS 752/15)

7 Sec. 15. Partnership established. A not-for-profit 
8corporation to be known as "Illinois Public Safety Agency 
9Network" shall be created. IPSAN shall be incorporated under 
10the General Not for Profit Corporation Act of 1986 and shall be 
11registered, incorporated, organized, and operated in 
12compliance with the laws of this State and the Executive 
13Director as Chief Operations Officer, as described in this Act, 
14shall have the authority to tender required reports. IPSAN 
15shall not be a State agency, but shall have statewide 
16jurisdiction to fulfill the findings and purpose declared in 
17this Act. The General Assembly determines, however, that public 
18policy dictates that IPSAN operate in the most open and 
19accessible manner consistent with its public purpose. To this 
20end, the General Assembly specifically declares that IPSAN and 
21its Board and Advisory Committee shall adopt and adhere to the 
22provisions of the General Not for Profit Corporation Act of 
231986 and related regulations promulgated by the Secretary of 
 
 
SB3548- 2 -LRB097 19844 KMW 65121 b


1State Open Meetings Act, the State Records Act, and the Freedom 
2of Information Act.
IPSAN shall establish one or more corporate 
3offices as determined by the Board.


4(Source: P.A. 94-896, eff. 7-1-06.)

5 (50 ILCS 752/20)

6 Sec. 20. Board of directors. IPSAN shall be governed by a 
7board of directors. The IPSAN Board shall consist of 9 14 
8members. Nine of the members shall be voting members, 3 of whom 
9shall be appointed by the Illinois Sheriffs' Association, 3 of 
10whom shall be appointed by the Illinois Association of Chiefs 
11of Police, and 3 of whom shall be appointed by the Illinois 
12Fire Chiefs Association, all of those Associations consisting 
13of representatives of criminal justice agencies that are the 
14users of criminal justice information systems developed and 
15operated for them by the Authority before the effective date of 
16this Act or by the IPSAN on or after the effective date of this 
17Act. Voting members shall be appointed in such a fashion as to 
18guarantee the representation of all 3 systems (ALERTS, ALECS, 
19and PIMS). To the extent practical, members appointed by the 
20Associations should be active or retired chiefs or sheriffs, 
21and should represent statewide interests of the respective 
22appointing Association. The Director of Corrections, the 
23Director of the Illinois Emergency Management Agency, the 
24Director of the Illinois State Police, the Sheriff of Cook 
25County, and the Superintendent of the Chicago Police 
 
 
SB3548- 3 -LRB097 19844 KMW 65121 b


1Department, or the designee of each, may be invited by the 
2board of directors to serve as shall be non-voting ex officio 
3members.
The Executive Director described in this Act shall 
4serve as a non-voting ex officio member of the board of 
5directors. 
6 Members shall serve terms of one year, at the pleasure of 
7the respective association, but shall annually be eligible for 
8re-appointment. Of the initial members appointed, 6 members 
9shall serve 4-year terms and 3 members shall serve 2-year 
10terms, as designated by the respective Associations. 
11Thereafter, members appointed shall serve 4-year terms. A 
12vacancy among members appointed shall be filled by appointment 
13by the respective appointing association for the remainder of 
14the vacated term.

15 Members of the Board shall receive no compensation but 
16shall be reimbursed for reasonable expenses incurred in the 
17performance of their duties.
A board member, who is a retired 
18member of the appointing Association, may be entitled to 
19reimbursement for services provided to or on behalf of IPSAN as 
20may be appropriate from time-to-time. 
21 The Board shall designate a temporary chair of the Board 
22from among the members, who shall serve until a permanent 
23president chair is elected by the Board of Directors. The Board 
24shall meet at the call of the president, or as the bylaws, 
25rules and policies of the board of directors may otherwise 
26provide chair.

 
 
SB3548- 4 -LRB097 19844 KMW 65121 b


1 IPSAN shall comply with reporting requirements as 
2prescribed in the General Not for Profit Corporation Act of 
31986 and related regulations promulgated by the Secretary of 
4State. 
5 Not less than 90 days after a majority of the members of 
6the Board of Directors of the IPSAN are appointed, the Board 
7shall develop a policy adopted by resolution of the Board 
8stating the Board's plan for the use of services provided by 
9businesses owned by minorities, females, and persons with 
10disabilities, as defined under the Business Enterprise for 
11Minorities, Females, and Persons with Disabilities Act. The 
12Board shall provide a copy of this resolution to the Governor 
13and the General Assembly upon its adoption.

14 On December 31 of each year, the Board shall report to the 
15General Assembly and the Governor regarding the use of services 
16provided by businesses owned by minorities, females, and 
17persons with disabilities, as defined under the Business 
18Enterprise for Minorities, Females, and Persons with 
19Disabilities Act. 

20(Source: P.A. 94-896, eff. 7-1-06.)

21 (50 ILCS 752/30)

22 Sec. 30. Powers of the Board of Directors. The Board of 
23Directors shall have the power to: 
24  (1) Secure funding for programs and activities of IPSAN 
25 from federal, State, local, and private sources and from 
 
 
SB3548- 5 -LRB097 19844 KMW 65121 b


1 fees charged for services and published materials; 
2 solicit, receive, hold, invest, and administer any grant, 
3 including federal and State grants for enhancements to 
4 public safety communications and management systems and 
5 the promotion of interoperability between all public 
6 safety disciplines throughout the State, payment, or gift 
7 of funds or property; execute a note or notes and to 
8 execute a mortgage or trust deed to secure the payment of 
9 the note or notes, the trust deed or mortgage shall cover 
10 real estate, or some part thereof, or personal property 
11 owned by the corporation and the lien of the mortgage shall 
12 apply to the real estate or personal property so mortgaged 
13 by the corporation, and the proceeds of the note or notes 
14 may be used in the acquisition of personal property or of 
15 real estate or in the erection of improvements on the real 
16 estate; and make expenditures consistent with the powers 
17 granted to it. 
18  (2) Make and enter into contracts, agreements, and 
19 other instruments necessary or convenient for the exercise 
20 of its powers and to facilitate the use by the members of 
21 IPSAN of other criminal justice information systems and 
22 networks.
23  (3) Sue and be sued, and appear and defend in all 
24 actions and proceedings, in its corporate name to the same 
25 extent as a natural person.
26  (4) Adopt, use, and alter a common corporate seal for 
 
 
SB3548- 6 -LRB097 19844 KMW 65121 b


1 IPSAN.
2  (5) Elect, employ, or appoint officers and agents as 
3 its affairs require and allow them reasonable 
4 compensation.
5  (6) Adopt, amend, and repeal bylaws and policies, not 
6 inconsistent with the powers granted to it or the articles 
7 of incorporation, for the administration of the affairs of 
8 IPSAN and the exercise of its corporate powers.
9  (7) Acquire, enjoy, use, and dispose of patents, 
10 copyrights, and trademarks and any licenses, radio 
11 frequencies, royalties, and other rights or interests 
12 thereunder or therein.
13  (8) Do all acts and things necessary or convenient to 
14 carry out the powers granted to it.
15  (9) Appoint an Executive Director who shall serve as 
16 the Chief Operations Officer of IPSAN and who shall direct 
17 and supervise the administrative affairs and activities of 
18 the Board and of IPSAN, in accordance with this Act and the 
19 Board's bylaws, rules, and policies.

20  (10) Purchase or lease either real estate or personal 
21 property to be used for the purposes of the corporation 
22 through contracts which provide for the consideration for 
23 any purchase or lease to be paid through installments to be 
24 made at stated intervals during a certain period of time, 
25 but, in no case, shall the contracts provide for the 
26 consideration to be paid during a period of time in excess 
 
 
SB3548- 7 -LRB097 19844 KMW 65121 b


1 of 25 years. 
2(Source: P.A. 94-896, eff. 7-1-06.)

3 (50 ILCS 752/35)

4 Sec. 35. Finances; audits; annual report. 
5 (a) (Blank) The current balance of the Criminal Justice 
6Information Systems Trust Fund upon the effective date of this 
7Act and all future moneys deposited into that Fund shall be 
8promptly transferred to the IPSAN operating fund by the State 
9Treasurer notwithstanding current obligations as determined by 
10the IPSAN Board in cooperation with the Authority.
11 (b) IPSAN may accept funds, grants, gifts, and services 
12from the government of the United States or its agencies, from 
13this State or its departments, agencies, or instrumentalities, 
14from any other governmental unit, and from private and civic 
15sources for the purpose of funding any projects authorized by 
16this Act.

17 (c) (Blank) Services of personnel, use of equipment and 
18office space, and other necessary services may be accepted from 
19members of the Board as part of IPSAN's financial support.
20 (d) The Board shall arrange for the annual financial audit 
21of IPSAN by one or more independent certified public 
22accountants in accordance with generally accepted accounting 
23principles. The annual audit results shall be included in the 
24annual report required under subsection (e) of this Section.
25 (e) (Blank) IPSAN shall report annually on its activities 
 
 
SB3548- 8 -LRB097 19844 KMW 65121 b


1and finances to the Governor and the members of the General 
2Assembly.

3 (f) IPSAN shall comply with reporting requirements as 
4prescribed in the General Not for Profit Corporation Act of 
51986 and related regulations promulgated by the Secretary of 
6State. 
7(Source: P.A. 94-896, eff. 7-1-06.)


8 Section 99. Effective date. This Act takes effect upon 
9becoming law.