093_HB2481eng

 
HB2481 Engrossed                     LRB093 07713 JAM 07901 b

 1        AN ACT concerning State employees.

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

 4        Section  3.   The  Secretary  of  State Act is amended by
 5    adding Section 20 as follows:

 6        (15 ILCS 305/20 new)
 7        Sec. 20.  Security  guard  shields.   The  Secretary  may
 8    issue  shields  or other distinctive identification to his or
 9    her security guards, wherever located in the  State,  if  the
10    Secretary   determines   that   a   shield   or   distinctive
11    identification  is  needed by the security guard to carry out
12    his or her responsibilities.

13        Section 5.  The Department  of  Agriculture  Law  of  the
14    Civil  Administrative Code of Illinois is amended by changing
15    Section 205-435 as follows:

16        (20 ILCS 205/205-435)
17        Sec. 205-435.  Badges. The  Director  must  authorize  to
18    each Inspector of the Department and to any other employee of
19    the  Department  exercising  the  powers of a peace officer a
20    distinct badge that, on its face, (i) clearly states that the
21    badge is authorized by the Department  and  (ii)  contains  a
22    unique   identifying   number.    No  other  badge  shall  be
23    authorized  by  the  Department.  Nothing  in  this   Section
24    prohibits   the   Director  from  issuing  shields  or  other
25    distinctive identification to employees  performing  security
26    or  regulatory  duties  who  are  not  peace  officers if the
27    Director   determines   that   a   shield   or    distinctive
28    identification  is needed by the employee to carry out his or
29    her responsibilities.
 
HB2481 Engrossed            -2-      LRB093 07713 JAM 07901 b
 1    (Source: P.A. 91-883, eff. 1-1-01.)

 2        Section 10.  The Department of Natural Resources  Act  is
 3    amended by changing Section 1-30 as follows:

 4        (20 ILCS 801/1-30)
 5        Sec.  1-30.  Badges.  The Director must authorize to each
 6    Conservation Police Officer and to any other employee of  the
 7    Department  exercising  the  powers  of  a  peace  officer  a
 8    distinct badge that, on its face, (i) clearly states that the
 9    badge  is  authorized  by  the Department and (ii) contains a
10    unique identifying number. No other badge shall be authorized
11    by the Department. Nothing  in  this  Section  prohibits  the
12    Director   from   issuing   shields   or   other  distinctive
13    identification to employees not exercising the  powers  of  a
14    peace  officer  if  the  Director determines that a shield or
15    distinctive identification is needed by the employee to carry
16    out his or her responsibilities.
17    (Source: P.A. 91-883, eff. 1-1-01.)

18        Section 15.  The Department  of  Human  Services  Act  is
19    amended by changing Section 1-30 as follows:

20        (20 ILCS 1305/1-30)
21        Sec.  1-30.  Badges. The Secretary must authorize to each
22    employee of the Department exercising the powers of  a  peace
23    officer  a  distinct  badge  that,  on  its face, (i) clearly
24    states that the badge is authorized  by  the  Department  and
25    (ii)  contains  a  unique  identifying number. No other badge
26    shall be  authorized  by  the  Department.  Nothing  in  this
27    Section prohibits the Secretary from issuing shields or other
28    distinctive  identification  to  employees not exercising the
29    powers of a peace officer if the Secretary determines that  a
30    shield   or  distinctive  identification  is  needed  by  the
 
HB2481 Engrossed            -3-      LRB093 07713 JAM 07901 b
 1    employee to carry out his or her responsibilities.
 2    (Source: P.A. 91-883, eff. 1-1-01.)

 3        Section 20.  The Peace Officer Fire Investigation Act  is
 4    amended by changing Section 1 as follows:

 5        (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
 6        Sec. 1.  Peace Officer Status.
 7        (a)  Any  person  who  is a sworn member of any organized
 8    and paid fire department of a political subdivision  of  this
 9    State  and  is  authorized to investigate fires or explosions
10    for such political subdivision, or who  is  employed  by  the
11    Office  of  the  State  Fire  Marshal to determine the cause,
12    origin and circumstances of such fires or explosions that are
13    suspected  to  be  arson  or  arson-related  crimes,  may  be
14    classified as a peace officer by the political subdivision or
15    agency employing such person. A person  so  classified  shall
16    possess the same powers of arrest, search and seizure and the
17    securing and service of warrants as sheriffs of counties, and
18    police  officers  within  the jurisdiction of their political
19    subdivision. While in the actual  investigation  and  matters
20    incident  thereto,  such  person  may carry weapons as may be
21    necessary,  but  only  if  that  person  has   satisfactorily
22    completed  (1)  a training program offered or approved by the
23    Illinois  Law  Enforcement  Training  Standards  Board  which
24    substantially conforms to standards promulgated  pursuant  to
25    the  Illinois  Police Training Act and "An Act in relation to
26    firearms training for peace officers",  approved  August  29,
27    1975,  as  amended; or in the case of employees of the Office
28    of the State Fire Marshal, a training course approved by  the
29    Department  of State Police which also substantially conforms
30    to standards promulgated pursuant to "An Act in  relation  to
31    firearms  training  for  peace officers", approved August 29,
32    1975, as  amended;  and  (2)  a  course  in  fire  and  arson
 
HB2481 Engrossed            -4-      LRB093 07713 JAM 07901 b
 1    investigation  approved  by  the  Office  of  the  State Fire
 2    Marshal pursuant to the  Illinois  Fire  Protection  Training
 3    Act.   Such training need not include exposure to vehicle and
 4    traffic law, traffic control and accident  investigation,  or
 5    first  aid, but shall include training in the law relating to
 6    the rights of persons suspected of  involvement  in  criminal
 7    activities.
 8        Any  person granted the powers enumerated in this Section
 9    may exercise such powers only during the actual investigation
10    of the cause, origin  and  circumstances  of  such  fires  or
11    explosions  that  are  suspected to be arson or arson-related
12    crimes.
13        (b)  The  State  Fire  Marshal  must  authorize  to  each
14    employee of the Office of  the  State  Fire  Marshal  who  is
15    exercising  the  powers  of  a peace officer a distinct badge
16    that, on its face, (i)  clearly  states  that  the  badge  is
17    authorized  by  the Office of the State Fire Marshal and (ii)
18    contains a unique identifying number.  No other  badge  shall
19    be authorized by the Office of the State Fire Marshal, except
20    that  a  badge,  different  from  the  badge  issued to peace
21    officers, may be authorized by the Office of the  State  Fire
22    Marshal for the use of fire prevention inspectors employed by
23    that  Office.  Nothing in this subsection prohibits the State
24    Fire  Marshal  from  issuing  shields  or  other  distinctive
25    identification to employees not exercising the  powers  of  a
26    peace  officer  if  the  State Fire Marshal determines that a
27    shield  or  distinctive  identification  is  needed  by   the
28    employee to carry out his or her responsibilities.
29    (Source: P.A. 91-883, eff. 1-1-01; 92-339, eff. 8-10-01.)

30        Section 25.  The University of Illinois Act is amended by
31    changing Section 7 as follows:

32        (110 ILCS 305/7) (from Ch. 144, par. 28)
 
HB2481 Engrossed            -5-      LRB093 07713 JAM 07901 b
 1        Sec. 7.  Powers of trustees.
 2        (a)  The  trustees  shall  have  power to provide for the
 3    requisite buildings, apparatus, and conveniences; to fix  the
 4    rates   for   tuition;   to   appoint   such  professors  and
 5    instructors, and to establish and provide for the  management
 6    of  such  model  farms,  model art, and other departments and
 7    professorships, as may be required  to  teach,  in  the  most
 8    thorough  manner, such branches of learning as are related to
 9    agriculture and the  mechanic  arts,  and  military  tactics,
10    without excluding other scientific and classical studies. The
11    trustees  shall,  upon  the  written  request  of an employee
12    withhold from the compensation of  that  employee  any  dues,
13    payments  or  contributions  payable  by such employee to any
14    labor organization as defined  in  the  Illinois  Educational
15    Labor Relations Act.  Under such arrangement, an amount shall
16    be  withheld  from each regular payroll period which is equal
17    to the pro rata share of the annual dues plus any payments or
18    contributions,  and  the   trustees   shall   transmit   such
19    withholdings  to  the  specified labor organization within 10
20    working days from the time  of  the  withholding.   They  may
21    accept   the   endowments  and  voluntary  professorships  or
22    departments in the University, from any person or persons  or
23    corporations  who  may  offer  the  same, and, at any regular
24    meeting of the board, may prescribe rules and regulations  in
25    relation  to  such  endowments  and  declare  on what general
26    principles they may be admitted: Provided, that such  special
27    voluntary   endowments   or   professorships   shall  not  be
28    incompatible with the true design and scope  of  the  act  of
29    congress,  or of this Act: Provided, that no student shall at
30    any time be allowed to remain in or about the  University  in
31    idleness,  or  without  full mental or industrial occupation:
32    And provided further, that the trustees, in the  exercise  of
33    any of the powers conferred by this Act, shall not create any
34    liability or indebtedness in excess of the funds in the hands
 
HB2481 Engrossed            -6-      LRB093 07713 JAM 07901 b
 1    of  the  treasurer  of the University at the time of creating
 2    such liability or indebtedness, and which  may  be  specially
 3    and properly applied to the payment of the same. Any lease to
 4    the  trustees  of  lands,  buildings or facilities which will
 5    support scientific research and development in such areas  as
 6    high    technology,    super   computing,   microelectronics,
 7    biotechnology, robotics, physics and engineering shall be for
 8    a term not to exceed 18 years, and may grant to the  trustees
 9    the  option  to  purchase the lands, buildings or facilities.
10    The lease shall recite that it is subject to termination  and
11    cancellation in any year for which the General Assembly fails
12    to  make  an  appropriation to pay the rent payable under the
13    terms of the lease.
14        Leases for the  purposes  described  herein  exceeding  5
15    years shall have the approval of the Illinois Board of Higher
16    Education.
17        The  Board  of  Trustees  may, directly or in cooperation
18    with other  institutions  of  higher  education,  acquire  by
19    purchase  or  lease  or  otherwise,  and  construct, enlarge,
20    improve, equip, complete, operate, control and manage medical
21    research  and  high  technology  parks,  together  with   the
22    necessary   lands,   buildings,   facilities,  equipment  and
23    personal property therefor, to encourage and  facilitate  (a)
24    the  location and development of business and industry in the
25    State of Illinois, and  (b)  the  increased  application  and
26    development   of  technology  and  (c)  the  improvement  and
27    development of the State's economy. The Board of Trustees may
28    lease to nonprofit corporations all or any part of the  land,
29    buildings,  facilities,  equipment or other property included
30    in a medical research and  high  technology  park  upon  such
31    terms  and  conditions as the University of Illinois may deem
32    advisable and enter into any contract or agreement with  such
33    nonprofit  corporations  as  may be necessary or suitable for
34    the construction, financing, operation  and  maintenance  and
 
HB2481 Engrossed            -7-      LRB093 07713 JAM 07901 b
 1    management  of  any  such  park; and may lease to any person,
 2    firm, partnership or corporation, either public  or  private,
 3    any  part or all of the land, building, facilities, equipment
 4    or other property of such park for  such  purposes  and  upon
 5    such rentals, terms and conditions as the University may deem
 6    advisable;  and  may  finance  all or part of the cost of any
 7    such  park,  including  the  purchase,  lease,  construction,
 8    reconstruction, improvement,  remodeling,  addition  to,  and
 9    extension  and  maintenance  of  all  or  part  of  such high
10    technology  park,  and  all  equipment  and  furnishings,  by
11    legislative  appropriations,  government  grants,  contracts,
12    private gifts, loans, receipts from  the  operation  of  such
13    high  technology  park, rentals and similar receipts; and may
14    make its other facilities and services available  to  tenants
15    or  other  occupants  of  any  such  park  at rates which are
16    reasonable and appropriate.
17        The Trustees  shall  have  power  (a)  to  purchase  real
18    property  and easements, and (b) to acquire real property and
19    easements in the manner provided by law for the  exercise  of
20    the  right  of  eminent domain, and in the event negotiations
21    for the acquisition of real property or easements for  making
22    any  improvement  which  the  Trustees are authorized to make
23    shall have proven unsuccessful and the Trustees shall have by
24    resolution adopted a schedule or plan of  operation  for  the
25    execution  of  the project and therein made a finding that it
26    is necessary to take such property or  easements  immediately
27    or  at  some specified later date in order to comply with the
28    schedule, the Trustees may acquire such property or easements
29    in the same manner provided in Sections 7-103  through  7-112
30    of the Code of Civil Procedure.
31        The Board of Trustees also shall have power to agree with
32    the State's Attorney of the county in which any properties of
33    the  Board  are  located  to pay for services rendered by the
34    various taxing districts for the years 1944 through 1949  and
 
HB2481 Engrossed            -8-      LRB093 07713 JAM 07901 b
 1    to  pay  annually  for  services  rendered thereafter by such
 2    district such sums as may be determined  by  the  Board  upon
 3    properties  used  solely for income producing purposes, title
 4    to which is held by said Board of Trustees,  upon  properties
 5    leased to members of the staff of the University of Illinois,
 6    title  to  which  is held in trust for said Board of Trustees
 7    and upon properties leased to for-profit entities  the  title
 8    to  which  properties  is  held  by  the Board of Trustees. A
 9    certified copy of any such agreement made  with  the  State's
10    Attorney  shall  be filed with the County Clerk and such sums
11    shall be distributed to the respective  taxing  districts  by
12    the  County  Collector  in  such proportions that each taxing
13    district will receive therefrom such proportion  as  the  tax
14    rate of such taxing district bears to the total tax rate that
15    would  be  levied  against  such  properties if they were not
16    exempt from taxation under the Property Tax Code.
17        The Board of Trustees  of  the  University  of  Illinois,
18    subject  to  the  applicable  civil  service law, may appoint
19    persons to be members of the University  of  Illinois  Police
20    Department.  Members  of the Police Department shall be peace
21    officers and as such have all powers possessed  by  policemen
22    in  cities, and sheriffs, including the power to make arrests
23    on view or warrants of violations of state statutes and  city
24    or  county  ordinances,  except  that  they may exercise such
25    powers only in counties wherein the University and any of its
26    branches or properties are located when such is required  for
27    the  protection  of  university properties and interests, and
28    its  students  and  personnel,  and  otherwise,  within  such
29    counties, when requested by appropriate state  or  local  law
30    enforcement  officials;  provided, however, that such officer
31    shall have no power to serve and execute civil processes.
32        The Board of Trustees must authorize to  each  member  of
33    the University of Illinois Police Department and to any other
34    employee  of the University of Illinois exercising the powers
 
HB2481 Engrossed            -9-      LRB093 07713 JAM 07901 b
 1    of a peace officer a distinct badge that, on  its  face,  (i)
 2    clearly states that the badge is authorized by the University
 3    of Illinois and (ii) contains a unique identifying number. No
 4    other   badge  shall  be  authorized  by  the  University  of
 5    Illinois. Nothing in this paragraph prohibits  the  Board  of
 6    Trustees   from   issuing   shields   or   other  distinctive
 7    identification to employees not exercising the  powers  of  a
 8    peace  officer  if  the  Board  of Trustees determines that a
 9    shield  or  distinctive  identification  is  needed  by   the
10    employee to carry out his or her responsibilities.
11        The  Board of Trustees may own, operate, or govern, by or
12    through the College of Medicine at  Peoria,  a  managed  care
13    community network established under subsection (b) of Section
14    5-11 of the Illinois Public Aid Code.
15        The  powers  of  the  trustees  as  herein designated are
16    subject to the provisions of "An  Act  creating  a  Board  of
17    Higher  Education,  defining its powers and duties, making an
18    appropriation therefor, and repealing an Act  herein  named",
19    approved August 22, 1961, as amended.
20        The  Board  of Trustees shall have the authority to adopt
21    all administrative rules  which  may  be  necessary  for  the
22    effective  administration,  enforcement and regulation of all
23    matters   for   which   the   Board   has   jurisdiction   or
24    responsibility.
25        (b)  To  assist  in  the  provision  of   buildings   and
26    facilities  beneficial  to,  useful  for,  or  supportive  of
27    University  purposes, the Board of Trustees of the University
28    of Illinois may exercise the following powers with regard  to
29    the area located on or adjacent to the University of Illinois
30    at  Chicago  campus  and  bounded  as follows: on the West by
31    Morgan Street; on the North by Roosevelt Road; on the East by
32    Union Street; and on the South by 16th Street, in the City of
33    Chicago:
34             (1)  Acquire any interests in  land,  buildings,  or
 
HB2481 Engrossed            -10-     LRB093 07713 JAM 07901 b
 1        facilities  by  purchase,  including installments payable
 2        over a period allowed by law, by lease  over  a  term  of
 3        such  duration  as the Board of Trustees shall determine,
 4        or by exercise of the power of eminent domain;
 5             (2)  Sub-lease  or  contract  to  purchase   through
 6        installments   all   or   any  portion  of  buildings  or
 7        facilities for such duration and on  such  terms  as  the
 8        Board  of Trustees shall determine, including a term that
 9        exceeds  5  years,  provided  that  each  such  lease  or
10        purchase contract shall be and shall recite  that  it  is
11        subject  to  termination and cancellation in any year for
12        which the General Assembly fails to make an appropriation
13        to pay the rent or purchase  installments  payable  under
14        the terms of such lease or purchase contract; and
15             (3)  Sell property without compliance with the State
16        Property   Control   Act   and  retain  proceeds  in  the
17        University Treasury in a  special,  separate  development
18        fund  account  which the Auditor General shall examine to
19        assure compliance with this Act.
20    Any buildings or facilities to be developed on the land shall
21    be buildings or facilities that, in the determination of  the
22    Board  of  Trustees,  in whole or in part: (i) are for use by
23    the University; or (ii) otherwise advance  the  interests  of
24    the  University,  including,  by  way of example, residential
25    facilities for University staff and students  and  commercial
26    facilities  which  provide  services needed by the University
27    community.  Revenues from the development fund account may be
28    withdrawn by the University for the purpose of demolition and
29    the processes associated with demolition;  routine  land  and
30    property  acquisition;  extension  of  utilities; streetscape
31    work;  landscape  work;  surface   and   structure   parking;
32    sidewalks,  recreational  paths, and street construction; and
33    lease and lease purchase arrangements  and  the  professional
34    services  associated with the planning and development of the
 
HB2481 Engrossed            -11-     LRB093 07713 JAM 07901 b
 1    area.  Moneys from the development fund account used for  any
 2    other  purpose  must  be deposited into and appropriated from
 3    the General Revenue Fund.  Buildings or facilities leased  to
 4    an  entity  or  person other than the University shall not be
 5    subject to any limitations applicable to  a  State  supported
 6    college  or university under any law.  All development on the
 7    land and all use of any  buildings  or  facilities  shall  be
 8    subject to the control and approval of the Board of Trustees.
 9    (Source: P.A. 91-883, eff. 1-1-01; 92-370, eff. 8-15-01.)

10        Section  30.  The  Illinois  Vehicle  Code  is amended by
11    changing Section 13-107 as follows:

12        (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
13        Sec. 13-107. Investigation of complaints against official
14    testing stations. The Department shall, upon its own  motion,
15    or   upon  charges  made  in  writing  verified  under  oath,
16    investigate complaints that an official  testing  station  is
17    willfully falsifying records or tests, either for the purpose
18    of  selling  parts  or services not actually required, or for
19    the purpose of issuing a certificate of safety for a  vehicle
20    designed  to  carry  15  or  fewer  passengers  operated by a
21    contract carrier transporting  employees  in  the  course  of
22    their  employment on a highway of this State, second division
23    vehicle, or medical transport vehicle that  is  not  in  safe
24    mechanical  condition  as determined by the standards of this
25    Chapter in violation of the provisions of this Chapter or  of
26    the rules and regulations issued by the Department.
27        The  Secretary of Transportation, for the purpose of more
28    effectively carrying out the provisions of  Chapter  13,  may
29    appoint such a number of inspectors as he may deem necessary.
30    Such  inspectors shall inspect and investigate applicants for
31    official testing station permits and investigate  and  report
32    violations.  With respect to enforcement of the provisions of
 
HB2481 Engrossed            -12-     LRB093 07713 JAM 07901 b
 1    this Chapter 13, such inspectors shall have and may  exercise
 2    throughout the State all the powers of police officers.
 3        The Secretary must authorize to each inspector and to any
 4    other  employee  of the Department exercising the powers of a
 5    peace officer a distinct badge that, on its face, (i) clearly
 6    states that the badge is authorized  by  the  Department  and
 7    (ii)  contains  a  unique identifying number.  No other badge
 8    shall be  authorized  by  the  Department.  Nothing  in  this
 9    Section prohibits the Secretary from issuing shields or other
10    distinctive  identification  to  employees not exercising the
11    powers of a peace officer if the Secretary determines that  a
12    shield   or  distinctive  identification  is  needed  by  the
13    employee to carry out his or her responsibilities.
14    (Source: P.A. 91-883, eff. 1-1-01; 92-108, eff. 1-1-02.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.