Illinois General Assembly - Full Text of HB1032
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Full Text of HB1032  93rd General Assembly

HB1032sam001 93rd General Assembly


093_HB1032sam001

 










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 1                    AMENDMENT TO HOUSE BILL 1032

 2        AMENDMENT NO.     .  Amend House Bill 1032  by  replacing
 3    everything after the enacting clause with the following:

 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
 
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 1    badge is authorized by the Department  and  (ii)  contains  a
 2    unique   identifying   number.    No  other  badge  shall  be
 3    authorized  by  the  Department.  Nothing  in  this   Section
 4    prohibits   the   Director  from  issuing  shields  or  other
 5    distinctive identification to employees  performing  security
 6    or  regulatory  duties  who  are  not  peace  officers if the
 7    Director   determines   that   a   shield   or    distinctive
 8    identification  is needed by the employee to carry out his or
 9    her responsibilities.
10    (Source: P.A. 91-883, eff. 1-1-01.)

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

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

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

29        (20 ILCS 1305/1-30)
30        Sec.  1-30.  Badges. The Secretary must authorize to each
 
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 1    employee of the Department exercising the powers of  a  peace
 2    officer  a  distinct  badge  that,  on  its face, (i) clearly
 3    states that the badge is authorized  by  the  Department  and
 4    (ii)  contains  a  unique  identifying number. No other badge
 5    shall be  authorized  by  the  Department.  Nothing  in  this
 6    Section prohibits the Secretary from issuing shields or other
 7    distinctive  identification  to  employees not exercising the
 8    powers of a peace officer if the Secretary determines that  a
 9    shield   or  distinctive  identification  is  needed  by  the
10    employee to carry out his or her responsibilities.
11    (Source: P.A. 91-883, eff. 1-1-01.)

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

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

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

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

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

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

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.".