Public Act 93-0423

HB1032 Enrolled                      LRB093 05544 DRJ 05636 b

    AN ACT in relation to State employees.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Effective Date: 08/05/03