HB4779eng 95TH GENERAL ASSEMBLY

HB4779 Engrossed LRB095 17422 RCE 43494 b

AN ACT concerning State government.

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

Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-315 as follows:

(20 ILCS 405/405-315) (was 20 ILCS 405/67.24)

Sec. 405-315. Management of State buildings; security force; fees.

(a) To manage, operate, maintain, and preserve from waste the State buildings, facilities, structures, grounds, or other real property transferred to the Department under Section 405-415, including, without limitation, the State buildings listed below. The Department may rent portions of these and other State buildings when in the judgment of the Director those leases or subleases will be in the best interests of the State. The leases or subleases shall not exceed 5 years unless a greater term is specifically authorized.

a. Peoria Regional Office Building 5415 North University Peoria, Illinois 61614

b. Springfield Regional Office Building 4500 South 6th Street Springfield, Illinois 62703

c. Champaign Regional Office Building 2125 South 1st Street Champaign, Illinois 61820

d. Illinois State Armory Building 124 East Adams Springfield, Illinois 62706

e. Marion Regional Office Building 2209 West Main Street Marion, Illinois 62959

f. Kenneth Hall Regional State Office Building #10 Collinsville Avenue East St. Louis, Illinois 62201

g. Rockford Regional Office Building 4402 North Main Street P.O. Box 915 Rockford, Illinois 61105

h. State of Illinois Building 160 North LaSalle Chicago, Illinois 60601

i. Office and Laboratory Building 2121 West Taylor Street Chicago, Illinois 60602

j. Central Computer Facility 201 West Adams Springfield, Illinois 62706

k. Elgin Office Building 595 South State Street Elgin, Illinois 60120

l. James R. Thompson Center Bounded by Lake, Clark, Randolph and LaSalle Streets Chicago, Illinois

m. The following buildings located within the Chicago Medical Center District:

1. Lawndale Day Care Center 2929 West 19th Street

2. Edwards Center 2020 Roosevelt Road

3. Illinois Center for Rehabilitation and Education 1950 West Roosevelt Road and 1151 South Wood Street

4. Department of Children and Family Services District Office 1026 South Damen

5. The William Heally School 1731 West Taylor

6. Administrative Office Building 1100 South Paulina Street

7. Metro Children and Adolescents Center 1601 West Taylor Street

n. E.J. "Zeke" Giorgi Center 200 Wyman Street Rockford, Illinois

o. Suburban North Facility 9511 Harrison Des Plaines, Illinois

p. The following buildings located within the Revenue Center in Springfield:

1. State Property Control Warehouse 11th & Ash

2. Illinois State Museum Research & Collections Center 1011 East Ash Street

q. Effingham Regional Office Building 401 Industrial Drive Effingham, Illinois

r. The Communications Center 120 West Jefferson Springfield, Illinois

s. Portions or all of the basement and ground floor of the State of Illinois Building 160 North LaSalle Chicago, Illinois 60601

may be leased or subleased to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years when in the judgment of the Director those leases or subleases will be in the best interests of the State.

Portions or all of the commercial space, which includes the sub-basement, storage mezzanine, concourse, and ground and second floors of the

James R. Thompson Center Bounded by Lake, Clark, Randolph and LaSalle Streets Chicago, Illinois

may be leased or subleased to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years subject to renewals when in the judgment of the Director those leases or subleases will be in the best interests of the State.

The Director is authorized to rent portions of the above described facilities to persons, firms, partnerships, associations, or individuals for terms not to exceed 30 days when those leases or subleases will not interfere with State usage of the facility. This authority is meant to supplement and shall not in any way be interpreted to restrict the Director's ability to make portions of the State of Illinois Building and the James R. Thompson Center available for long-term commercial leases or subleases.

Notwithstanding the provisions above, the Department of Children and Family Services and the Department of Human Services (as successor to the Department of Rehabilitation Services and the Department of Mental Health and Developmental Disabilities) shall determine the allocation of space for direct recipient care in their respective facilities. The Department of Central Management Services shall consult with the affected agency in the allocation and lease of surplus space in these facilities. Potential lease arrangements shall not endanger the direct recipient care responsibilities in these facilities.

(b) (Blank). To appoint, subject to the Personnel Code, persons to be members of a police and security force. Members of the security force shall be peace officers when performing duties pursuant to this Section and as such shall have all of the powers possessed by policemen in cities and sheriffs, including the power to make arrests on view or issue citations for violations of State statutes or city or county ordinances, except that in counties of more than 1,000,000 population, any powers created by this subsection shall be exercised only (i) when necessary to protect the property, personnel, or interests of the Department or any State agency for whom the Department manages, operates, or maintains property or (ii) when specifically requested by appropriate State or local law enforcement officials, and except that within counties of 1,000,000 or less population, these powers shall be exercised only when necessary to protect the property, personnel, or interests of the State of Illinois and only while on property managed, operated, or maintained by the Department.

Nothing in this subsection shall be construed so as to make it conflict with any provisions of, or rules promulgated under, the Personnel Code.

(c) To charge reasonable fees for the lease, rental, use, or occupancy of State facilities managed, operated, or maintained by the Department. All moneys collected under this Section shall be deposited in a revolving fund in the State treasury known as the Facilities Management Revolving Fund.

(d) Provisions of this Section relating to the James R. Thompson Center are subject to the provisions of Section 7.4 of the State Property Control Act.

(Source: P.A. 93-19, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)

Section 10. The State Police Act is amended by adding Section 24 as follows:

(20 ILCS 2610/24 new)

Sec. 24. Police and security force. The Director may appoint, subject to the Personnel Code, persons to be members of a police and security force. Members of the security force shall be peace officers when performing duties pursuant to this Section and as such shall have all of the powers possessed by policemen in cities and sheriffs, including the power to make arrests on view or issue citations for violations of State statutes or city or county ordinances. Nothing in this Section shall be construed so as to make it conflict with any provisions of, or rules promulgated under, the Personnel Code.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

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