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92_HB2235eng
HB2235 Engrossed 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 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 not exercising the
26 powers of a peace officer if the Director 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.)
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1 Section 10. The Department of Natural Resources Act is
2 amended by changing Section 1-30 as follows:
3 (20 ILCS 801/1-30)
4 Sec. 1-30. Badges. The Director must authorize to each
5 Conservation Police Officer and to any other employee of the
6 Department exercising the powers of a peace officer a
7 distinct badge that, on its face, (i) clearly states that the
8 badge is authorized by the Department and (ii) contains a
9 unique identifying number. No other badge shall be authorized
10 by the Department. Nothing in this Section prohibits the
11 Director from issuing shields or other distinctive
12 identification to employees not exercising the powers of a
13 peace officer if the Director determines that a shield or
14 distinctive identification is needed by the employee to carry
15 out his or her responsibilities.
16 (Source: P.A. 91-883, eff. 1-1-01.)
17 Section 15. The Department of Human Services Act is
18 amended by changing Section 1-30 as follows:
19 (20 ILCS 1305/1-30)
20 Sec. 1-30. Badges. The Secretary must authorize to each
21 employee of the Department exercising the powers of a peace
22 officer a distinct badge that, on its face, (i) clearly
23 states that the badge is authorized by the Department and
24 (ii) contains a unique identifying number. No other badge
25 shall be authorized by the Department. Nothing in this
26 Section prohibits the Secretary from issuing shields or other
27 distinctive identification to employees not exercising the
28 powers of a peace officer if the Secretary determines that a
29 shield or distinctive identification is needed by the
30 employee to carry out his or her responsibilities.
31 (Source: P.A. 91-883, eff. 1-1-01.)
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1 Section 20. The Peace Officer Fire Investigation Act is
2 amended by changing Section 1 as follows:
3 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
4 Sec. 1. Peace Officer Status.
5 (a) Any person who is a sworn member of any organized
6 and paid fire department of a political subdivision of this
7 State and is authorized to investigate fires or explosions
8 for such political subdivision, or who is employed by the
9 Office of the State Fire Marshal to determine the cause,
10 origin and circumstances of such fires or explosions that are
11 suspected to be arson or arson-related crimes, may be
12 classified as a peace officer by the political subdivision or
13 agency employing such person. A person so classified shall
14 possess the same powers of arrest, search and seizure and the
15 securing and service of warrants as sheriffs of counties, and
16 police officers within the jurisdiction of their political
17 subdivision. While in the actual investigation and matters
18 incident thereto, such person may carry weapons as may be
19 necessary, but only if that person has satisfactorily
20 completed (1) a training program offered or approved by the
21 Illinois Law Enforcement Training Standards Board which
22 substantially conforms to standards promulgated pursuant to
23 the Illinois Police Training Act and "An Act in relation to
24 firearms training for peace officers", approved August 29,
25 1975, as amended; or in the case of employees of the Office
26 of the State Fire Marshal, a training course approved by the
27 Department of State Police which also substantially conforms
28 to standards promulgated pursuant to "An Act in relation to
29 firearms training for peace officers", approved August 29,
30 1975, as amended; and (2) a course in fire and arson
31 investigation approved by the Office of the State Fire
32 Marshal pursuant to the Illinois Fire Protection Training
33 Act. Such training need not include exposure to vehicle and
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1 traffic law, traffic control and accident investigation, or
2 first aid, but shall include training in the law relating to
3 the rights of persons suspected of involvement in criminal
4 activities.
5 Any person granted the powers enumerated in this Section
6 may exercise such powers only during the actual investigation
7 of the cause, origin and circumstances of such fires or
8 explosions that are suspected to be arson or arson-related
9 crimes.
10 (b) The State Fire Marshal must authorize to each
11 employee of the Office of the State Fire Marshal who is
12 exercising the powers of a peace officer a distinct badge
13 that, on its face, (i) clearly states that the badge is
14 authorized by the Office of the State Fire Marshal and (ii)
15 contains a unique identifying number. No other badge shall
16 be authorized by the Office of the State Fire Marshal.
17 Nothing in this subsection prohibits the State Fire Marshal
18 from issuing shields or other distinctive identification to
19 employees not exercising the powers of a peace officer if the
20 State Fire Marshal determines that a shield or distinctive
21 identification is needed by the employee to carry out his or
22 her responsibilities.
23 (Source: P.A. 91-883, eff. 1-1-01.)
24 Section 25. The University of Illinois Act is amended by
25 changing Section 7 as follows:
26 (110 ILCS 305/7) (from Ch. 144, par. 28)
27 Sec. 7. Powers of trustees.
28 (a) The trustees shall have power to provide for the
29 requisite buildings, apparatus, and conveniences; to fix the
30 rates for tuition; to appoint such professors and
31 instructors, and to establish and provide for the management
32 of such model farms, model art, and other departments and
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1 professorships, as may be required to teach, in the most
2 thorough manner, such branches of learning as are related to
3 agriculture and the mechanic arts, and military tactics,
4 without excluding other scientific and classical studies. The
5 trustees shall, upon the written request of an employee
6 withhold from the compensation of that employee any dues,
7 payments or contributions payable by such employee to any
8 labor organization as defined in the Illinois Educational
9 Labor Relations Act. Under such arrangement, an amount shall
10 be withheld from each regular payroll period which is equal
11 to the pro rata share of the annual dues plus any payments or
12 contributions, and the trustees shall transmit such
13 withholdings to the specified labor organization within 10
14 working days from the time of the withholding. They may
15 accept the endowments and voluntary professorships or
16 departments in the University, from any person or persons or
17 corporations who may offer the same, and, at any regular
18 meeting of the board, may prescribe rules and regulations in
19 relation to such endowments and declare on what general
20 principles they may be admitted: Provided, that such special
21 voluntary endowments or professorships shall not be
22 incompatible with the true design and scope of the act of
23 congress, or of this Act: Provided, that no student shall at
24 any time be allowed to remain in or about the University in
25 idleness, or without full mental or industrial occupation:
26 And provided further, that the trustees, in the exercise of
27 any of the powers conferred by this Act, shall not create any
28 liability or indebtedness in excess of the funds in the hands
29 of the treasurer of the University at the time of creating
30 such liability or indebtedness, and which may be specially
31 and properly applied to the payment of the same. Any lease to
32 the trustees of lands, buildings or facilities which will
33 support scientific research and development in such areas as
34 high technology, super computing, microelectronics,
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1 biotechnology, robotics, physics and engineering shall be for
2 a term not to exceed 18 years, and may grant to the trustees
3 the option to purchase the lands, buildings or facilities.
4 The lease shall recite that it is subject to termination and
5 cancellation in any year for which the General Assembly fails
6 to make an appropriation to pay the rent payable under the
7 terms of the lease.
8 Leases for the purposes described herein exceeding 5
9 years shall have the approval of the Illinois Board of Higher
10 Education.
11 The Board of Trustees may, directly or in cooperation
12 with other institutions of higher education, acquire by
13 purchase or lease or otherwise, and construct, enlarge,
14 improve, equip, complete, operate, control and manage medical
15 research and high technology parks, together with the
16 necessary lands, buildings, facilities, equipment and
17 personal property therefor, to encourage and facilitate (a)
18 the location and development of business and industry in the
19 State of Illinois, and (b) the increased application and
20 development of technology and (c) the improvement and
21 development of the State's economy. The Board of Trustees may
22 lease to nonprofit corporations all or any part of the land,
23 buildings, facilities, equipment or other property included
24 in a medical research and high technology park upon such
25 terms and conditions as the University of Illinois may deem
26 advisable and enter into any contract or agreement with such
27 nonprofit corporations as may be necessary or suitable for
28 the construction, financing, operation and maintenance and
29 management of any such park; and may lease to any person,
30 firm, partnership or corporation, either public or private,
31 any part or all of the land, building, facilities, equipment
32 or other property of such park for such purposes and upon
33 such rentals, terms and conditions as the University may deem
34 advisable; and may finance all or part of the cost of any
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1 such park, including the purchase, lease, construction,
2 reconstruction, improvement, remodeling, addition to, and
3 extension and maintenance of all or part of such high
4 technology park, and all equipment and furnishings, by
5 legislative appropriations, government grants, contracts,
6 private gifts, loans, receipts from the operation of such
7 high technology park, rentals and similar receipts; and may
8 make its other facilities and services available to tenants
9 or other occupants of any such park at rates which are
10 reasonable and appropriate.
11 The Trustees shall have power (a) to purchase real
12 property and easements, and (b) to acquire real property and
13 easements in the manner provided by law for the exercise of
14 the right of eminent domain, and in the event negotiations
15 for the acquisition of real property or easements for making
16 any improvement which the Trustees are authorized to make
17 shall have proven unsuccessful and the Trustees shall have by
18 resolution adopted a schedule or plan of operation for the
19 execution of the project and therein made a finding that it
20 is necessary to take such property or easements immediately
21 or at some specified later date in order to comply with the
22 schedule, the Trustees may acquire such property or easements
23 in the same manner provided in Sections 7-103 through 7-112
24 of the Code of Civil Procedure.
25 The Board of Trustees also shall have power to agree with
26 the State's Attorney of the county in which any properties of
27 the Board are located to pay for services rendered by the
28 various taxing districts for the years 1944 through 1949 and
29 to pay annually for services rendered thereafter by such
30 district such sums as may be determined by the Board upon
31 properties used solely for income producing purposes, title
32 to which is held by said Board of Trustees, upon properties
33 leased to members of the staff of the University of Illinois,
34 title to which is held in trust for said Board of Trustees
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1 and upon properties leased to for-profit entities the title
2 to which properties is held by the Board of Trustees. A
3 certified copy of any such agreement made with the State's
4 Attorney shall be filed with the County Clerk and such sums
5 shall be distributed to the respective taxing districts by
6 the County Collector in such proportions that each taxing
7 district will receive therefrom such proportion as the tax
8 rate of such taxing district bears to the total tax rate that
9 would be levied against such properties if they were not
10 exempt from taxation under the Property Tax Code.
11 The Board of Trustees of the University of Illinois,
12 subject to the applicable civil service law, may appoint
13 persons to be members of the University of Illinois Police
14 Department. Members of the Police Department shall be peace
15 officers and as such have all powers possessed by policemen
16 in cities, and sheriffs, including the power to make arrests
17 on view or warrants of violations of state statutes and city
18 or county ordinances, except that they may exercise such
19 powers only in counties wherein the University and any of its
20 branches or properties are located when such is required for
21 the protection of university properties and interests, and
22 its students and personnel, and otherwise, within such
23 counties, when requested by appropriate state or local law
24 enforcement officials; provided, however, that such officer
25 shall have no power to serve and execute civil processes.
26 The Board of Trustees must authorize to each member of
27 the University of Illinois Police Department and to any other
28 employee of the University of Illinois exercising the powers
29 of a peace officer a distinct badge that, on its face, (i)
30 clearly states that the badge is authorized by the University
31 of Illinois and (ii) contains a unique identifying number. No
32 other badge shall be authorized by the University of
33 Illinois. Nothing in this paragraph prohibits the Board of
34 Trustees from issuing shields or other distinctive
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1 identification to employees not exercising the powers of a
2 peace officer if the Board of Trustees determines that a
3 shield or distinctive identification is needed by the
4 employee to carry out his or her responsibilities.
5 The Board of Trustees may own, operate, or govern, by or
6 through the College of Medicine at Peoria, a managed care
7 community network established under subsection (r) of Section
8 5-16.3 of the Illinois Public Aid Code.
9 The powers of the trustees as herein designated are
10 subject to the provisions of "An Act creating a Board of
11 Higher Education, defining its powers and duties, making an
12 appropriation therefor, and repealing an Act herein named",
13 approved August 22, 1961, as amended.
14 The Board of Trustees shall have the authority to adopt
15 all administrative rules which may be necessary for the
16 effective administration, enforcement and regulation of all
17 matters for which the Board has jurisdiction or
18 responsibility.
19 (b) To assist in the provision of buildings and
20 facilities beneficial to, useful for, or supportive of
21 University purposes, the Board of Trustees of the University
22 of Illinois may exercise the following powers with regard to
23 the area located on or adjacent to the University of Illinois
24 at Chicago campus and bounded as follows: on the West by
25 Morgan Street; on the North by Roosevelt Road; on the East by
26 Union Street; and on the South by 16th Street, in the City of
27 Chicago:
28 (1) Acquire any interests in land, buildings, or
29 facilities by purchase, including installments payable
30 over a period allowed by law, by lease over a term of
31 such duration as the Board of Trustees shall determine,
32 or by exercise of the power of eminent domain;
33 (2) Sub-lease or contract to purchase through
34 installments all or any portion of buildings or
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1 facilities for such duration and on such terms as the
2 Board of Trustees shall determine, including a term that
3 exceeds 5 years, provided that each such lease or
4 purchase contract shall be and shall recite that it is
5 subject to termination and cancellation in any year for
6 which the General Assembly fails to make an appropriation
7 to pay the rent or purchase installments payable under
8 the terms of such lease or purchase contract; and
9 (3) Sell property without compliance with the State
10 Property Control Act and retain proceeds in the
11 University Treasury in a special, separate development
12 fund account which the Auditor General shall examine to
13 assure compliance with this Act.
14 Any buildings or facilities to be developed on the land shall
15 be buildings or facilities that, in the determination of the
16 Board of Trustees, in whole or in part: (i) are for use by
17 the University; or (ii) otherwise advance the interests of
18 the University, including, by way of example, residential
19 facilities for University staff and students and commercial
20 facilities which provide services needed by the University
21 community. Revenues from the development fund account may be
22 withdrawn by the University for the purpose of demolition and
23 the processes associated with demolition; routine land and
24 property acquisition; extension of utilities; streetscape
25 work; landscape work; surface and structure parking;
26 sidewalks, recreational paths, and street construction; and
27 lease and lease purchase arrangements and the professional
28 services associated with the planning and development of the
29 area. Moneys from the development fund account used for any
30 other purpose must be deposited into and appropriated from
31 the General Revenue Fund. Buildings or facilities leased to
32 an entity or person other than the University shall not be
33 subject to any limitations applicable to a State supported
34 college or university under any law. All development on the
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1 land and all use of any buildings or facilities shall be
2 subject to the control and approval of the Board of Trustees.
3 (Source: P.A. 90-730, eff. 8-10-98; 91-883, eff. 1-1-01.)
4 Section 30. The Illinois Vehicle Code is amended by
5 changing Section 13-107 as follows:
6 (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
7 Sec. 13-107. Investigation of complaints against official
8 testing stations. The Department shall, upon its own motion,
9 or upon charges made in writing verified under oath,
10 investigate complaints that an official testing station is
11 willfully falsifying records or tests, either for the purpose
12 of selling parts or services not actually required, or for
13 the purpose of issuing a certificate of safety for a second
14 division vehicle or medical transport vehicle that is not in
15 safe mechanical condition as determined by the standards of
16 this Chapter in violation of the provisions of this Chapter
17 or of the rules and regulations issued by the Department.
18 The Secretary of Transportation, for the purpose of more
19 effectively carrying out the provisions of Chapter 13, may
20 appoint such a number of inspectors as he may deem necessary.
21 Such inspectors shall inspect and investigate applicants for
22 official testing station permits and investigate and report
23 violations. With respect to enforcement of the provisions of
24 this Chapter 13, such inspectors shall have and may exercise
25 throughout the State all the powers of police officers.
26 The Secretary must authorize to each inspector and to any
27 other employee of the Department exercising the powers of a
28 peace officer a distinct badge that, on its face, (i) clearly
29 states that the badge is authorized by the Department and
30 (ii) contains a unique identifying number. No other badge
31 shall be authorized by the Department. Nothing in this
32 Section prohibits the Secretary from issuing shields or other
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1 distinctive identification to employees not exercising the
2 powers of a peace officer if the Secretary determines that a
3 shield or distinctive identification is needed by the
4 employee to carry out his or her responsibilities.
5 (Source: P.A. 91-883, eff. 1-1-01.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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