HB0989 94TH GENERAL ASSEMBLY

LRB094 06912 RLC 37024 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0989

Introduced 2/3/2005, by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

20 ILCS 2635/10.5 new
55 ILCS 5/5-1005	from Ch. 34, par. 5-1005
65 ILCS 5/11-42.15 new

Amends the Illinois Uniform Conviction Information Act. Provides that counties and municipalities may by county or municipal ordinance or resolution require the fingerprinting of applicants or licensees in specified occupations for the purpose of receiving criminal history record information by county or municipal officials. Amends the Counties Code and the Illinois Municipal Code to make conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal history record information.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Uniform Conviction Information Act is amended by adding Section 10.5 as follows:

(20 ILCS 2635/10.5 new)

Sec. 10.5. Criminal history record information; counties and municipalities access. Counties and municipalities may by county or municipal ordinance or resolution require the fingerprinting of applicants or licensees in specified occupations for the purpose of receiving criminal history record information by county or municipal officials. Fingerprint submissions under this Section are authorized to be submitted by a county or municipality to the Department of State Police for a check of State criminal history record information and, if necessary, to the Federal Bureau of Investigation for a national check. The Department of State Police shall serve as the sole source for receipt of fingerprint submissions and the responses to those submissions from the Federal Bureau of Investigation which shall be disseminated to the county or municipality. Appropriate fees for State and national criminal history records information checks shall be transmitted to the Department of State Police unless alternately arranged by the Department and the county or municipality requesting the records.

Section 10. The Counties Code is amended by changing Section 5-1005 as follows:

(55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)

Sec. 5-1005. Powers. Each county shall have power:

1. To purchase and hold the real and personal estate necessary for the uses of the county, and to purchase and hold, for the benefit of the county, real estate sold by virtue of judicial proceedings in which the county is plaintiff.

2. To sell and convey or lease any real or personal estate owned by the county.

3. To make all contracts and do all other acts in relation to the property and concerns of the county necessary to the exercise of its corporate powers.

4. To take all necessary measures and institute proceedings to enforce all laws for the prevention of cruelty to animals.

5. To purchase and hold or lease real estate upon which may be erected and maintained buildings to be utilized for purposes of agricultural experiments and to purchase, hold and use personal property for the care and maintenance of such real estate in connection with such experimental purposes.

6. To cause to be erected, or otherwise provided, suitable buildings for, and maintain a county hospital and necessary branch hospitals and/or a county sheltered care home or county nursing home for the care of such sick, chronically ill or infirm persons as may by law be proper charges upon the county, or upon other governmental units, and to provide for the management of the same. The county board may establish rates to be paid by persons seeking care and treatment in such hospital or home in accordance with their financial ability to meet such charges, either personally or through a hospital plan or hospital insurance, and the rates to be paid by governmental units, including the State, for the care of sick, chronically ill or infirm persons admitted therein upon the request of such governmental units. Any hospital maintained by a county under this Section is authorized to provide any service and enter into any contract or other arrangement not prohibited for a hospital that is licensed under the Hospital Licensing Act, incorporated under the General Not-For-Profit Corporation Act, and exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code.

7. To contribute such sums of money toward erecting, building, maintaining, and supporting any non-sectarian public hospital located within its limits as the county board of the county shall deem proper.

8. To purchase and hold real estate for the preservation of forests, prairies and other natural areas and to maintain and regulate the use thereof.

9. To purchase and hold real estate for the purpose of preserving historical spots in the county, to restore, maintain and regulate the use thereof and to donate any historical spot to the State.

10. To appropriate funds from the county treasury to be used in any manner to be determined by the board for the suppression, eradication and control of tuberculosis among domestic cattle in such county.

11. To take all necessary measures to prevent forest fires and encourage the maintenance and planting of trees and the preservation of forests.

12. To authorize the closing on Saturday mornings of all offices of all county officers at the county seat of each county, and to otherwise regulate and fix the days and the hours of opening and closing of such offices, except when the days and the hours of opening and closing of the office of any county officer are otherwise fixed by law; but the power herein conferred shall not apply to the office of State's Attorney and the offices of judges and clerks of courts and, in counties of 500,000 or more population, the offices of county clerk.

13. To provide for the conservation, preservation and propagation of insectivorous birds through the expenditure of funds provided for such purpose.

14. To appropriate funds from the county treasury and expend the same for care and treatment of tuberculosis residents.

15. In counties having less than 1,000,000 inhabitants, to take all necessary or proper steps for the extermination of mosquitoes, flies or other insects within the county.

16. To install an adequate system of accounts and financial records in the offices and divisions of the county, suitable to the needs of the office and in accordance with generally accepted principles of accounting for governmental bodies, which system may include such reports as the county board may determine.

17. To purchase and hold real estate for the construction and maintenance of motor vehicle parking facilities for persons using county buildings, but the purchase and use of such real estate shall not be for revenue producing purposes.

18. To acquire and hold title to real property located within the county, or partly within and partly outside the county by dedication, purchase, gift, legacy or lease, for park and recreational purposes and to charge reasonable fees for the use of or admission to any such park or recreational area and to provide police protection for such park or recreational area. Personnel employed to provide such police protection shall be conservators of the peace within such park or recreational area and shall have power to make arrests on view of the offense or upon warrants for violation of any of the ordinances governing such park or recreational area or for any breach of the peace in the same manner as the police in municipalities organized and existing under the general laws of the State. All such real property outside the county shall be contiguous to the county and within the boundaries of the State of Illinois.

19. To appropriate funds from the county treasury to be used to provide supportive social services designed to prevent the unnecessary institutionalization of elderly residents, or, for operation of, and equipment for, senior citizen centers providing social services to elderly residents.

20. To appropriate funds from the county treasury and loan such funds to a county water commission created under the "Water Commission Act", approved June 30, 1984, as now or hereafter amended, in such amounts and upon such terms as the county may determine or the county and the commission may agree. The county shall not under any circumstances be obligated to make such loans. The county shall not be required to charge interest on any such loans.

21. To require the fingerprinting of applicants or licensees in specified occupations for the purpose of receiving criminal history record information by county officials in accordance with Section 10.5 of the Illinois Uniform Conviction Information Act.

All contracts for the purchase of coal under this Section shall be subject to the provisions of "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as amended.

(Source: P.A. 86-962; 86-1028.)

Section 15. The Illinois Municipal Code is amended by adding Section 11-42.15 as follows:

(65 ILCS 5/11-42.15 new)

Sec. 11-42.15. Criminal history record information; municipalities access. The corporate authorities of each municipality may require the fingerprinting of applicants or licensees in specified occupations for the purpose of receiving criminal history record information by municipal officials in accordance with Section 10.5 of the Illinois Uniform Conviction Information Act.