Public Act 93-0423
HB1032 Enrolled LRB093 05544 DRJ 05636 b
AN ACT in relation to State employees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Secretary of State Act is amended by
adding Section 20 as follows:
(15 ILCS 305/20 new)
Sec. 20. Security guard shields. The Secretary may
issue shields or other distinctive identification to his or
her security guards, wherever located in the State, if the
Secretary determines that a shield or distinctive
identification is needed by the security guard to carry out
his or her responsibilities.
Section 5. The Department of Agriculture Law of the
Civil Administrative Code of Illinois is amended by changing
Section 205-435 as follows:
(20 ILCS 205/205-435)
Sec. 205-435. Badges. The Director must authorize to
each Inspector of the Department and to any other employee of
the Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be
authorized by the Department. Nothing in this Section
prohibits the Director from issuing shields or other
distinctive identification to employees performing security
or regulatory duties who are not peace officers if the
Director determines that a shield or distinctive
identification is needed by the employee to carry out his or
her responsibilities.
(Source: P.A. 91-883, eff. 1-1-01.)
Section 10. The Department of Natural Resources Act is
amended by changing Section 1-30 as follows:
(20 ILCS 801/1-30)
Sec. 1-30. Badges. The Director must authorize to each
Conservation Police Officer and to any other employee of the
Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be authorized
by the Department. Nothing in this Section prohibits the
Director from issuing shields or other distinctive
identification to employees not exercising the powers of a
peace officer if the Director determines that a shield or
distinctive identification is needed by the employee to carry
out his or her responsibilities.
(Source: P.A. 91-883, eff. 1-1-01.)
Section 15. The Department of Human Services Act is
amended by changing Section 1-30 as follows:
(20 ILCS 1305/1-30)
Sec. 1-30. Badges. The Secretary must authorize to each
employee of the Department exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department. Nothing in this
Section prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the
powers of a peace officer if the Secretary determines that a
shield or distinctive identification is needed by the
employee to carry out his or her responsibilities.
(Source: P.A. 91-883, eff. 1-1-01.)
Section 20. The Peace Officer Fire Investigation Act is
amended by changing Section 1 as follows:
(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
Sec. 1. Peace Officer Status.
(a) Any person who is a sworn member of any organized
and paid fire department of a political subdivision of this
State and is authorized to investigate fires or explosions
for such political subdivision, or who is employed by the
Office of the State Fire Marshal to determine the cause,
origin and circumstances of such fires or explosions that are
suspected to be arson or arson-related crimes, may be
classified as a peace officer by the political subdivision or
agency employing such person. A person so classified shall
possess the same powers of arrest, search and seizure and the
securing and service of warrants as sheriffs of counties, and
police officers within the jurisdiction of their political
subdivision. While in the actual investigation and matters
incident thereto, such person may carry weapons as may be
necessary, but only if that person has satisfactorily
completed (1) a training program offered or approved by the
Illinois Law Enforcement Training Standards Board which
substantially conforms to standards promulgated pursuant to
the Illinois Police Training Act and "An Act in relation to
firearms training for peace officers", approved August 29,
1975, as amended; or in the case of employees of the Office
of the State Fire Marshal, a training course approved by the
Department of State Police which also substantially conforms
to standards promulgated pursuant to "An Act in relation to
firearms training for peace officers", approved August 29,
1975, as amended; and (2) a course in fire and arson
investigation approved by the Office of the State Fire
Marshal pursuant to the Illinois Fire Protection Training
Act. Such training need not include exposure to vehicle and
traffic law, traffic control and accident investigation, or
first aid, but shall include training in the law relating to
the rights of persons suspected of involvement in criminal
activities.
Any person granted the powers enumerated in this Section
may exercise such powers only during the actual investigation
of the cause, origin and circumstances of such fires or
explosions that are suspected to be arson or arson-related
crimes.
(b) The State Fire Marshal must authorize to each
employee of the Office of the State Fire Marshal who is
exercising the powers of a peace officer a distinct badge
that, on its face, (i) clearly states that the badge is
authorized by the Office of the State Fire Marshal and (ii)
contains a unique identifying number. No other badge shall
be authorized by the Office of the State Fire Marshal, except
that a badge, different from the badge issued to peace
officers, may be authorized by the Office of the State Fire
Marshal for the use of fire prevention inspectors employed by
that Office. Nothing in this subsection prohibits the State
Fire Marshal from issuing shields or other distinctive
identification to employees not exercising the powers of a
peace officer if the State Fire Marshal determines that a
shield or distinctive identification is needed by the
employee to carry out his or her responsibilities.
(Source: P.A. 91-883, eff. 1-1-01; 92-339, eff. 8-10-01.)
Section 25. The University of Illinois Act is amended by
changing Section 7 as follows:
(110 ILCS 305/7) (from Ch. 144, par. 28)
Sec. 7. Powers of trustees.
(a) The trustees shall have power to provide for the
requisite buildings, apparatus, and conveniences; to fix the
rates for tuition; to appoint such professors and
instructors, and to establish and provide for the management
of such model farms, model art, and other departments and
professorships, as may be required to teach, in the most
thorough manner, such branches of learning as are related to
agriculture and the mechanic arts, and military tactics,
without excluding other scientific and classical studies. The
trustees shall, upon the written request of an employee
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount shall
be withheld from each regular payroll period which is equal
to the pro rata share of the annual dues plus any payments or
contributions, and the trustees shall transmit such
withholdings to the specified labor organization within 10
working days from the time of the withholding. They may
accept the endowments and voluntary professorships or
departments in the University, from any person or persons or
corporations who may offer the same, and, at any regular
meeting of the board, may prescribe rules and regulations in
relation to such endowments and declare on what general
principles they may be admitted: Provided, that such special
voluntary endowments or professorships shall not be
incompatible with the true design and scope of the act of
congress, or of this Act: Provided, that no student shall at
any time be allowed to remain in or about the University in
idleness, or without full mental or industrial occupation:
And provided further, that the trustees, in the exercise of
any of the powers conferred by this Act, shall not create any
liability or indebtedness in excess of the funds in the hands
of the treasurer of the University at the time of creating
such liability or indebtedness, and which may be specially
and properly applied to the payment of the same. Any lease to
the trustees of lands, buildings or facilities which will
support scientific research and development in such areas as
high technology, super computing, microelectronics,
biotechnology, robotics, physics and engineering shall be for
a term not to exceed 18 years, and may grant to the trustees
the option to purchase the lands, buildings or facilities.
The lease shall recite that it is subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to pay the rent payable under the
terms of the lease.
Leases for the purposes described herein exceeding 5
years shall have the approval of the Illinois Board of Higher
Education.
The Board of Trustees may, directly or in cooperation
with other institutions of higher education, acquire by
purchase or lease or otherwise, and construct, enlarge,
improve, equip, complete, operate, control and manage medical
research and high technology parks, together with the
necessary lands, buildings, facilities, equipment and
personal property therefor, to encourage and facilitate (a)
the location and development of business and industry in the
State of Illinois, and (b) the increased application and
development of technology and (c) the improvement and
development of the State's economy. The Board of Trustees may
lease to nonprofit corporations all or any part of the land,
buildings, facilities, equipment or other property included
in a medical research and high technology park upon such
terms and conditions as the University of Illinois may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for
the construction, financing, operation and maintenance and
management of any such park; and may lease to any person,
firm, partnership or corporation, either public or private,
any part or all of the land, building, facilities, equipment
or other property of such park for such purposes and upon
such rentals, terms and conditions as the University may deem
advisable; and may finance all or part of the cost of any
such park, including the purchase, lease, construction,
reconstruction, improvement, remodeling, addition to, and
extension and maintenance of all or part of such high
technology park, and all equipment and furnishings, by
legislative appropriations, government grants, contracts,
private gifts, loans, receipts from the operation of such
high technology park, rentals and similar receipts; and may
make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate.
The Trustees shall have power (a) to purchase real
property and easements, and (b) to acquire real property and
easements in the manner provided by law for the exercise of
the right of eminent domain, and in the event negotiations
for the acquisition of real property or easements for making
any improvement which the Trustees are authorized to make
shall have proven unsuccessful and the Trustees shall have by
resolution adopted a schedule or plan of operation for the
execution of the project and therein made a finding that it
is necessary to take such property or easements immediately
or at some specified later date in order to comply with the
schedule, the Trustees may acquire such property or easements
in the same manner provided in Sections 7-103 through 7-112
of the Code of Civil Procedure.
The Board of Trustees also shall have power to agree with
the State's Attorney of the county in which any properties of
the Board are located to pay for services rendered by the
various taxing districts for the years 1944 through 1949 and
to pay annually for services rendered thereafter by such
district such sums as may be determined by the Board upon
properties used solely for income producing purposes, title
to which is held by said Board of Trustees, upon properties
leased to members of the staff of the University of Illinois,
title to which is held in trust for said Board of Trustees
and upon properties leased to for-profit entities the title
to which properties is held by the Board of Trustees. A
certified copy of any such agreement made with the State's
Attorney shall be filed with the County Clerk and such sums
shall be distributed to the respective taxing districts by
the County Collector in such proportions that each taxing
district will receive therefrom such proportion as the tax
rate of such taxing district bears to the total tax rate that
would be levied against such properties if they were not
exempt from taxation under the Property Tax Code.
The Board of Trustees of the University of Illinois,
subject to the applicable civil service law, may appoint
persons to be members of the University of Illinois Police
Department. Members of the Police Department shall be peace
officers and as such have all powers possessed by policemen
in cities, and sheriffs, including the power to make arrests
on view or warrants of violations of state statutes and city
or county ordinances, except that they may exercise such
powers only in counties wherein the University and any of its
branches or properties are located when such is required for
the protection of university properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate state or local law
enforcement officials; provided, however, that such officer
shall have no power to serve and execute civil processes.
The Board of Trustees must authorize to each member of
the University of Illinois Police Department and to any other
employee of the University of Illinois exercising the powers
of a peace officer a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the University
of Illinois and (ii) contains a unique identifying number. No
other badge shall be authorized by the University of
Illinois. Nothing in this paragraph prohibits the Board of
Trustees from issuing shields or other distinctive
identification to employees not exercising the powers of a
peace officer if the Board of Trustees determines that a
shield or distinctive identification is needed by the
employee to carry out his or her responsibilities.
The Board of Trustees may own, operate, or govern, by or
through the College of Medicine at Peoria, a managed care
community network established under subsection (b) of Section
5-11 of the Illinois Public Aid Code.
The powers of the trustees as herein designated are
subject to the provisions of "An Act creating a Board of
Higher Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended.
The Board of Trustees shall have the authority to adopt
all administrative rules which may be necessary for the
effective administration, enforcement and regulation of all
matters for which the Board has jurisdiction or
responsibility.
(b) To assist in the provision of buildings and
facilities beneficial to, useful for, or supportive of
University purposes, the Board of Trustees of the University
of Illinois may exercise the following powers with regard to
the area located on or adjacent to the University of Illinois
at Chicago campus and bounded as follows: on the West by
Morgan Street; on the North by Roosevelt Road; on the East by
Union Street; and on the South by 16th Street, in the City of
Chicago:
(1) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of
such duration as the Board of Trustees shall determine,
or by exercise of the power of eminent domain;
(2) Sub-lease or contract to purchase through
installments all or any portion of buildings or
facilities for such duration and on such terms as the
Board of Trustees shall determine, including a term that
exceeds 5 years, provided that each such lease or
purchase contract shall be and shall recite that it is
subject to termination and cancellation in any year for
which the General Assembly fails to make an appropriation
to pay the rent or purchase installments payable under
the terms of such lease or purchase contract; and
(3) Sell property without compliance with the State
Property Control Act and retain proceeds in the
University Treasury in a special, separate development
fund account which the Auditor General shall examine to
assure compliance with this Act.
Any buildings or facilities to be developed on the land shall
be buildings or facilities that, in the determination of the
Board of Trustees, in whole or in part: (i) are for use by
the University; or (ii) otherwise advance the interests of
the University, including, by way of example, residential
facilities for University staff and students and commercial
facilities which provide services needed by the University
community. Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and
the processes associated with demolition; routine land and
property acquisition; extension of utilities; streetscape
work; landscape work; surface and structure parking;
sidewalks, recreational paths, and street construction; and
lease and lease purchase arrangements and the professional
services associated with the planning and development of the
area. Moneys from the development fund account used for any
other purpose must be deposited into and appropriated from
the General Revenue Fund. Buildings or facilities leased to
an entity or person other than the University shall not be
subject to any limitations applicable to a State supported
college or university under any law. All development on the
land and all use of any buildings or facilities shall be
subject to the control and approval of the Board of Trustees.
(Source: P.A. 91-883, eff. 1-1-01; 92-370, eff. 8-15-01.)
Section 30. The Illinois Vehicle Code is amended by
changing Section 13-107 as follows:
(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official
testing stations. The Department shall, upon its own motion,
or upon charges made in writing verified under oath,
investigate complaints that an official testing station is
willfully falsifying records or tests, either for the purpose
of selling parts or services not actually required, or for
the purpose of issuing a certificate of safety for a vehicle
designed to carry 15 or fewer passengers operated by a
contract carrier transporting employees in the course of
their employment on a highway of this State, second division
vehicle, or medical transport vehicle that is not in safe
mechanical condition as determined by the standards of this
Chapter in violation of the provisions of this Chapter or of
the rules and regulations issued by the Department.
The Secretary of Transportation, for the purpose of more
effectively carrying out the provisions of Chapter 13, may
appoint such a number of inspectors as he may deem necessary.
Such inspectors shall inspect and investigate applicants for
official testing station permits and investigate and report
violations. With respect to enforcement of the provisions of
this Chapter 13, such inspectors shall have and may exercise
throughout the State all the powers of police officers.
The Secretary must authorize to each inspector and to any
other employee of the Department exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department. Nothing in this
Section prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the
powers of a peace officer if the Secretary determines that a
shield or distinctive identification is needed by the
employee to carry out his or her responsibilities.
(Source: P.A. 91-883, eff. 1-1-01; 92-108, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.