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.