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093_HB2481eng
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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.
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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.
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