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92_HB2235
LRB9206033MWcs
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 5. The Department of Agriculture Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Section 205-435 as follows:
7 (20 ILCS 205/205-435)
8 Sec. 205-435. Badges. The Director must authorize to
9 each Inspector of the Department and to any other employee of
10 the Department exercising the powers of a peace officer a
11 distinct badge that, on its face, (i) clearly states that the
12 badge is authorized by the Department and (ii) contains a
13 unique identifying number. No other badge shall be
14 authorized by the Department. Nothing in this Section
15 prohibits the Director from issuing shields or other
16 distinctive identification to employees not exercising the
17 powers of a peace officer if the Director determines that a
18 shield or distinctive identification is needed by the
19 employee to carry out his or her responsibilities.
20 (Source: P.A. 91-883, eff. 1-1-01.)
21 Section 10. The Department of Natural Resources Act is
22 amended by changing Section 1-30 as follows:
23 (20 ILCS 801/1-30)
24 Sec. 1-30. Badges. The Director must authorize to each
25 Conservation Police Officer and to any other employee of the
26 Department exercising the powers of a peace officer a
27 distinct badge that, on its face, (i) clearly states that the
28 badge is authorized by the Department and (ii) contains a
29 unique identifying number. No other badge shall be authorized
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1 by the Department. Nothing in this Section prohibits the
2 Director from issuing shields or other distinctive
3 identification to employees not exercising the powers of a
4 peace officer if the Director determines that a shield or
5 distinctive identification is needed by the employee to carry
6 out his or her responsibilities.
7 (Source: P.A. 91-883, eff. 1-1-01.)
8 Section 15. The Department of Human Services Act is
9 amended by changing Section 1-30 as follows:
10 (20 ILCS 1305/1-30)
11 Sec. 1-30. Badges. The Secretary must authorize to each
12 employee of the Department exercising the powers of a peace
13 officer a distinct badge that, on its face, (i) clearly
14 states that the badge is authorized by the Department and
15 (ii) contains a unique identifying number. No other badge
16 shall be authorized by the Department. Nothing in this
17 Section prohibits the Secretary from issuing shields or other
18 distinctive identification to employees not exercising the
19 powers of a peace officer if the Secretary determines that a
20 shield or distinctive identification is needed by the
21 employee to carry out his or her responsibilities.
22 (Source: P.A. 91-883, eff. 1-1-01.)
23 Section 20. The Peace Officer Fire Investigation Act is
24 amended by changing Section 1 as follows:
25 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
26 Sec. 1. Peace Officer Status.
27 (a) Any person who is a sworn member of any organized
28 and paid fire department of a political subdivision of this
29 State and is authorized to investigate fires or explosions
30 for such political subdivision, or who is employed by the
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1 Office of the State Fire Marshal to determine the cause,
2 origin and circumstances of such fires or explosions that are
3 suspected to be arson or arson-related crimes, may be
4 classified as a peace officer by the political subdivision or
5 agency employing such person. A person so classified shall
6 possess the same powers of arrest, search and seizure and the
7 securing and service of warrants as sheriffs of counties, and
8 police officers within the jurisdiction of their political
9 subdivision. While in the actual investigation and matters
10 incident thereto, such person may carry weapons as may be
11 necessary, but only if that person has satisfactorily
12 completed (1) a training program offered or approved by the
13 Illinois Law Enforcement Training Standards Board which
14 substantially conforms to standards promulgated pursuant to
15 the Illinois Police Training Act and "An Act in relation to
16 firearms training for peace officers", approved August 29,
17 1975, as amended; or in the case of employees of the Office
18 of the State Fire Marshal, a training course approved by the
19 Department of State Police which also substantially conforms
20 to standards promulgated pursuant to "An Act in relation to
21 firearms training for peace officers", approved August 29,
22 1975, as amended; and (2) a course in fire and arson
23 investigation approved by the Office of the State Fire
24 Marshal pursuant to the Illinois Fire Protection Training
25 Act. Such training need not include exposure to vehicle and
26 traffic law, traffic control and accident investigation, or
27 first aid, but shall include training in the law relating to
28 the rights of persons suspected of involvement in criminal
29 activities.
30 Any person granted the powers enumerated in this Section
31 may exercise such powers only during the actual investigation
32 of the cause, origin and circumstances of such fires or
33 explosions that are suspected to be arson or arson-related
34 crimes.
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1 (b) The State Fire Marshal must authorize to each
2 employee of the Office of the State Fire Marshal who is
3 exercising the powers of a peace officer a distinct badge
4 that, on its face, (i) clearly states that the badge is
5 authorized by the Office of the State Fire Marshal and (ii)
6 contains a unique identifying number. No other badge shall
7 be authorized by the Office of the State Fire Marshal.
8 Nothing in this subsection prohibits the State Fire Marshal
9 from issuing shields or other distinctive identification to
10 employees not exercising the powers of a peace officer if the
11 State Fire Marshal determines that a shield or distinctive
12 identification is needed by the employee to carry out his or
13 her responsibilities.
14 (Source: P.A. 91-883, eff. 1-1-01.)
15 Section 25. The University of Illinois Act is amended by
16 changing Section 7 as follows:
17 (110 ILCS 305/7) (from Ch. 144, par. 28)
18 Sec. 7. Powers of trustees.
19 (a) The trustees shall have power to provide for the
20 requisite buildings, apparatus, and conveniences; to fix the
21 rates for tuition; to appoint such professors and
22 instructors, and to establish and provide for the management
23 of such model farms, model art, and other departments and
24 professorships, as may be required to teach, in the most
25 thorough manner, such branches of learning as are related to
26 agriculture and the mechanic arts, and military tactics,
27 without excluding other scientific and classical studies. The
28 trustees shall, upon the written request of an employee
29 withhold from the compensation of that employee any dues,
30 payments or contributions payable by such employee to any
31 labor organization as defined in the Illinois Educational
32 Labor Relations Act. Under such arrangement, an amount shall
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1 be withheld from each regular payroll period which is equal
2 to the pro rata share of the annual dues plus any payments or
3 contributions, and the trustees shall transmit such
4 withholdings to the specified labor organization within 10
5 working days from the time of the withholding. They may
6 accept the endowments and voluntary professorships or
7 departments in the University, from any person or persons or
8 corporations who may offer the same, and, at any regular
9 meeting of the board, may prescribe rules and regulations in
10 relation to such endowments and declare on what general
11 principles they may be admitted: Provided, that such special
12 voluntary endowments or professorships shall not be
13 incompatible with the true design and scope of the act of
14 congress, or of this Act: Provided, that no student shall at
15 any time be allowed to remain in or about the University in
16 idleness, or without full mental or industrial occupation:
17 And provided further, that the trustees, in the exercise of
18 any of the powers conferred by this Act, shall not create any
19 liability or indebtedness in excess of the funds in the hands
20 of the treasurer of the University at the time of creating
21 such liability or indebtedness, and which may be specially
22 and properly applied to the payment of the same. Any lease to
23 the trustees of lands, buildings or facilities which will
24 support scientific research and development in such areas as
25 high technology, super computing, microelectronics,
26 biotechnology, robotics, physics and engineering shall be for
27 a term not to exceed 18 years, and may grant to the trustees
28 the option to purchase the lands, buildings or facilities.
29 The lease shall recite that it is subject to termination and
30 cancellation in any year for which the General Assembly fails
31 to make an appropriation to pay the rent payable under the
32 terms of the lease.
33 Leases for the purposes described herein exceeding 5
34 years shall have the approval of the Illinois Board of Higher
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1 Education.
2 The Board of Trustees may, directly or in cooperation
3 with other institutions of higher education, acquire by
4 purchase or lease or otherwise, and construct, enlarge,
5 improve, equip, complete, operate, control and manage medical
6 research and high technology parks, together with the
7 necessary lands, buildings, facilities, equipment and
8 personal property therefor, to encourage and facilitate (a)
9 the location and development of business and industry in the
10 State of Illinois, and (b) the increased application and
11 development of technology and (c) the improvement and
12 development of the State's economy. The Board of Trustees may
13 lease to nonprofit corporations all or any part of the land,
14 buildings, facilities, equipment or other property included
15 in a medical research and high technology park upon such
16 terms and conditions as the University of Illinois may deem
17 advisable and enter into any contract or agreement with such
18 nonprofit corporations as may be necessary or suitable for
19 the construction, financing, operation and maintenance and
20 management of any such park; and may lease to any person,
21 firm, partnership or corporation, either public or private,
22 any part or all of the land, building, facilities, equipment
23 or other property of such park for such purposes and upon
24 such rentals, terms and conditions as the University may deem
25 advisable; and may finance all or part of the cost of any
26 such park, including the purchase, lease, construction,
27 reconstruction, improvement, remodeling, addition to, and
28 extension and maintenance of all or part of such high
29 technology park, and all equipment and furnishings, by
30 legislative appropriations, government grants, contracts,
31 private gifts, loans, receipts from the operation of such
32 high technology park, rentals and similar receipts; and may
33 make its other facilities and services available to tenants
34 or other occupants of any such park at rates which are
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1 reasonable and appropriate.
2 The Trustees shall have power (a) to purchase real
3 property and easements, and (b) to acquire real property and
4 easements in the manner provided by law for the exercise of
5 the right of eminent domain, and in the event negotiations
6 for the acquisition of real property or easements for making
7 any improvement which the Trustees are authorized to make
8 shall have proven unsuccessful and the Trustees shall have by
9 resolution adopted a schedule or plan of operation for the
10 execution of the project and therein made a finding that it
11 is necessary to take such property or easements immediately
12 or at some specified later date in order to comply with the
13 schedule, the Trustees may acquire such property or easements
14 in the same manner provided in Sections 7-103 through 7-112
15 of the Code of Civil Procedure.
16 The Board of Trustees also shall have power to agree with
17 the State's Attorney of the county in which any properties of
18 the Board are located to pay for services rendered by the
19 various taxing districts for the years 1944 through 1949 and
20 to pay annually for services rendered thereafter by such
21 district such sums as may be determined by the Board upon
22 properties used solely for income producing purposes, title
23 to which is held by said Board of Trustees, upon properties
24 leased to members of the staff of the University of Illinois,
25 title to which is held in trust for said Board of Trustees
26 and upon properties leased to for-profit entities the title
27 to which properties is held by the Board of Trustees. A
28 certified copy of any such agreement made with the State's
29 Attorney shall be filed with the County Clerk and such sums
30 shall be distributed to the respective taxing districts by
31 the County Collector in such proportions that each taxing
32 district will receive therefrom such proportion as the tax
33 rate of such taxing district bears to the total tax rate that
34 would be levied against such properties if they were not
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1 exempt from taxation under the Property Tax Code.
2 The Board of Trustees of the University of Illinois,
3 subject to the applicable civil service law, may appoint
4 persons to be members of the University of Illinois Police
5 Department. Members of the Police Department shall be peace
6 officers and as such have all powers possessed by policemen
7 in cities, and sheriffs, including the power to make arrests
8 on view or warrants of violations of state statutes and city
9 or county ordinances, except that they may exercise such
10 powers only in counties wherein the University and any of its
11 branches or properties are located when such is required for
12 the protection of university properties and interests, and
13 its students and personnel, and otherwise, within such
14 counties, when requested by appropriate state or local law
15 enforcement officials; provided, however, that such officer
16 shall have no power to serve and execute civil processes.
17 The Board of Trustees must authorize to each member of
18 the University of Illinois Police Department and to any other
19 employee of the University of Illinois exercising the powers
20 of a peace officer a distinct badge that, on its face, (i)
21 clearly states that the badge is authorized by the University
22 of Illinois and (ii) contains a unique identifying number. No
23 other badge shall be authorized by the University of
24 Illinois. Nothing in this paragraph prohibits the Board of
25 Trustees from issuing shields or other distinctive
26 identification to employees not exercising the powers of a
27 peace officer if the Board of Trustees determines that a
28 shield or distinctive identification is needed by the
29 employee to carry out his or her responsibilities.
30 The Board of Trustees may own, operate, or govern, by or
31 through the College of Medicine at Peoria, a managed care
32 community network established under subsection (r) of Section
33 5-16.3 of the Illinois Public Aid Code.
34 The powers of the trustees as herein designated are
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1 subject to the provisions of "An Act creating a Board of
2 Higher Education, defining its powers and duties, making an
3 appropriation therefor, and repealing an Act herein named",
4 approved August 22, 1961, as amended.
5 The Board of Trustees shall have the authority to adopt
6 all administrative rules which may be necessary for the
7 effective administration, enforcement and regulation of all
8 matters for which the Board has jurisdiction or
9 responsibility.
10 (b) To assist in the provision of buildings and
11 facilities beneficial to, useful for, or supportive of
12 University purposes, the Board of Trustees of the University
13 of Illinois may exercise the following powers with regard to
14 the area located on or adjacent to the University of Illinois
15 at Chicago campus and bounded as follows: on the West by
16 Morgan Street; on the North by Roosevelt Road; on the East by
17 Union Street; and on the South by 16th Street, in the City of
18 Chicago:
19 (1) Acquire any interests in land, buildings, or
20 facilities by purchase, including installments payable
21 over a period allowed by law, by lease over a term of
22 such duration as the Board of Trustees shall determine,
23 or by exercise of the power of eminent domain;
24 (2) Sub-lease or contract to purchase through
25 installments all or any portion of buildings or
26 facilities for such duration and on such terms as the
27 Board of Trustees shall determine, including a term that
28 exceeds 5 years, provided that each such lease or
29 purchase contract shall be and shall recite that it is
30 subject to termination and cancellation in any year for
31 which the General Assembly fails to make an appropriation
32 to pay the rent or purchase installments payable under
33 the terms of such lease or purchase contract; and
34 (3) Sell property without compliance with the State
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1 Property Control Act and retain proceeds in the
2 University Treasury in a special, separate development
3 fund account which the Auditor General shall examine to
4 assure compliance with this Act.
5 Any buildings or facilities to be developed on the land shall
6 be buildings or facilities that, in the determination of the
7 Board of Trustees, in whole or in part: (i) are for use by
8 the University; or (ii) otherwise advance the interests of
9 the University, including, by way of example, residential
10 facilities for University staff and students and commercial
11 facilities which provide services needed by the University
12 community. Revenues from the development fund account may be
13 withdrawn by the University for the purpose of demolition and
14 the processes associated with demolition; routine land and
15 property acquisition; extension of utilities; streetscape
16 work; landscape work; surface and structure parking;
17 sidewalks, recreational paths, and street construction; and
18 lease and lease purchase arrangements and the professional
19 services associated with the planning and development of the
20 area. Moneys from the development fund account used for any
21 other purpose must be deposited into and appropriated from
22 the General Revenue Fund. Buildings or facilities leased to
23 an entity or person other than the University shall not be
24 subject to any limitations applicable to a State supported
25 college or university under any law. All development on the
26 land and all use of any buildings or facilities shall be
27 subject to the control and approval of the Board of Trustees.
28 (Source: P.A. 90-730, eff. 8-10-98; 91-883, eff. 1-1-01.)
29 Section 30. The Illinois Vehicle Code is amended by
30 changing Section 13-107 as follows:
31 (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
32 Sec. 13-107. Investigation of complaints against official
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1 testing stations. The Department shall, upon its own motion,
2 or upon charges made in writing verified under oath,
3 investigate complaints that an official testing station is
4 willfully falsifying records or tests, either for the purpose
5 of selling parts or services not actually required, or for
6 the purpose of issuing a certificate of safety for a second
7 division vehicle or medical transport vehicle that is not in
8 safe mechanical condition as determined by the standards of
9 this Chapter in violation of the provisions of this Chapter
10 or of the rules and regulations issued by the Department.
11 The Secretary of Transportation, for the purpose of more
12 effectively carrying out the provisions of Chapter 13, may
13 appoint such a number of inspectors as he may deem necessary.
14 Such inspectors shall inspect and investigate applicants for
15 official testing station permits and investigate and report
16 violations. With respect to enforcement of the provisions of
17 this Chapter 13, such inspectors shall have and may exercise
18 throughout the State all the powers of police officers.
19 The Secretary must authorize to each inspector and to any
20 other employee of the Department exercising the powers of a
21 peace officer a distinct badge that, on its face, (i) clearly
22 states that the badge is authorized by the Department and
23 (ii) contains a unique identifying number. No other badge
24 shall be authorized by the Department. Nothing in this
25 Section prohibits the Secretary from issuing shields or other
26 distinctive identification to employees not exercising the
27 powers of a peace officer if the Secretary determines that a
28 shield or distinctive identification is needed by the
29 employee to carry out his or her responsibilities.
30 (Source: P.A. 91-883, eff. 1-1-01.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.