093_HB2481

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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  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, except
 8    that  a  badge,  different  from  the  badge  issued to peace
 9    officers, may be authorized by the Office of the  State  Fire
10    Marshal for the use of fire prevention inspectors employed by
11    that  Office. Nothing in this subsection prohibits that State
12    Fire  Marshal  from  issuing  shields  or  other  distinctive
13    identification to employees not exercising the  powers  of  a
14    peace  officer  if  the  State Fire Marshal determines that a
15    shield  or  distinctive  identification  is  needed  by   the
16    employee to carry out his or her responsibilities.
17    (Source: P.A. 91-883, eff. 1-1-01; 92-339, eff. 8-10-01.)

18        Section 25.  The University of Illinois Act is amended by
19    changing Section 7 as follows:

20        (110 ILCS 305/7) (from Ch. 144, par. 28)
21        Sec. 7.  Powers of trustees.
22        (a)  The  trustees  shall  have  power to provide for the
23    requisite buildings, apparatus, and conveniences; to fix  the
24    rates   for   tuition;   to   appoint   such  professors  and
25    instructors, and to establish and provide for the  management
26    of  such  model  farms,  model art, and other departments and
27    professorships, as may be required  to  teach,  in  the  most
28    thorough  manner, such branches of learning as are related to
29    agriculture and the  mechanic  arts,  and  military  tactics,
30    without excluding other scientific and classical studies. The
31    trustees  shall,  upon  the  written  request  of an employee
32    withhold from the compensation of  that  employee  any  dues,
 
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 1    payments  or  contributions  payable  by such employee to any
 2    labor organization as defined  in  the  Illinois  Educational
 3    Labor Relations Act.  Under such arrangement, an amount shall
 4    be  withheld  from each regular payroll period which is equal
 5    to the pro rata share of the annual dues plus any payments or
 6    contributions,  and  the   trustees   shall   transmit   such
 7    withholdings  to  the  specified labor organization within 10
 8    working days from the time  of  the  withholding.   They  may
 9    accept   the   endowments  and  voluntary  professorships  or
10    departments in the University, from any person or persons  or
11    corporations  who  may  offer  the  same, and, at any regular
12    meeting of the board, may prescribe rules and regulations  in
13    relation  to  such  endowments  and  declare  on what general
14    principles they may be admitted: Provided, that such  special
15    voluntary   endowments   or   professorships   shall  not  be
16    incompatible with the true design and scope  of  the  act  of
17    congress,  or of this Act: Provided, that no student shall at
18    any time be allowed to remain in or about the  University  in
19    idleness,  or  without  full mental or industrial occupation:
20    And provided further, that the trustees, in the  exercise  of
21    any of the powers conferred by this Act, shall not create any
22    liability or indebtedness in excess of the funds in the hands
23    of  the  treasurer  of the University at the time of creating
24    such liability or indebtedness, and which  may  be  specially
25    and properly applied to the payment of the same. Any lease to
26    the  trustees  of  lands,  buildings or facilities which will
27    support scientific research and development in such areas  as
28    high    technology,    super   computing,   microelectronics,
29    biotechnology, robotics, physics and engineering shall be for
30    a term not to exceed 18 years, and may grant to the  trustees
31    the  option  to  purchase the lands, buildings or facilities.
32    The lease shall recite that it is subject to termination  and
33    cancellation in any year for which the General Assembly fails
34    to  make  an  appropriation to pay the rent payable under the
 
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 1    terms of the lease.
 2        Leases for the  purposes  described  herein  exceeding  5
 3    years shall have the approval of the Illinois Board of Higher
 4    Education.
 5        The  Board  of  Trustees  may, directly or in cooperation
 6    with other  institutions  of  higher  education,  acquire  by
 7    purchase  or  lease  or  otherwise,  and  construct, enlarge,
 8    improve, equip, complete, operate, control and manage medical
 9    research  and  high  technology  parks,  together  with   the
10    necessary   lands,   buildings,   facilities,  equipment  and
11    personal property therefor, to encourage and  facilitate  (a)
12    the  location and development of business and industry in the
13    State of Illinois, and  (b)  the  increased  application  and
14    development   of  technology  and  (c)  the  improvement  and
15    development of the State's economy. The Board of Trustees may
16    lease to nonprofit corporations all or any part of the  land,
17    buildings,  facilities,  equipment or other property included
18    in a medical research and  high  technology  park  upon  such
19    terms  and  conditions as the University of Illinois may deem
20    advisable and enter into any contract or agreement with  such
21    nonprofit  corporations  as  may be necessary or suitable for
22    the construction, financing, operation  and  maintenance  and
23    management  of  any  such  park; and may lease to any person,
24    firm, partnership or corporation, either public  or  private,
25    any  part or all of the land, building, facilities, equipment
26    or other property of such park for  such  purposes  and  upon
27    such rentals, terms and conditions as the University may deem
28    advisable;  and  may  finance  all or part of the cost of any
29    such  park,  including  the  purchase,  lease,  construction,
30    reconstruction, improvement,  remodeling,  addition  to,  and
31    extension  and  maintenance  of  all  or  part  of  such high
32    technology  park,  and  all  equipment  and  furnishings,  by
33    legislative  appropriations,  government  grants,  contracts,
34    private gifts, loans, receipts from  the  operation  of  such
 
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 1    high  technology  park, rentals and similar receipts; and may
 2    make its other facilities and services available  to  tenants
 3    or  other  occupants  of  any  such  park  at rates which are
 4    reasonable and appropriate.
 5        The Trustees  shall  have  power  (a)  to  purchase  real
 6    property  and easements, and (b) to acquire real property and
 7    easements in the manner provided by law for the  exercise  of
 8    the  right  of  eminent domain, and in the event negotiations
 9    for the acquisition of real property or easements for  making
10    any  improvement  which  the  Trustees are authorized to make
11    shall have proven unsuccessful and the Trustees shall have by
12    resolution adopted a schedule or plan of  operation  for  the
13    execution  of  the project and therein made a finding that it
14    is necessary to take such property or  easements  immediately
15    or  at  some specified later date in order to comply with the
16    schedule, the Trustees may acquire such property or easements
17    in the same manner provided in Sections 7-103  through  7-112
18    of the Code of Civil Procedure.
19        The Board of Trustees also shall have power to agree with
20    the State's Attorney of the county in which any properties of
21    the  Board  are  located  to pay for services rendered by the
22    various taxing districts for the years 1944 through 1949  and
23    to  pay  annually  for  services  rendered thereafter by such
24    district such sums as may be determined  by  the  Board  upon
25    properties  used  solely for income producing purposes, title
26    to which is held by said Board of Trustees,  upon  properties
27    leased to members of the staff of the University of Illinois,
28    title  to  which  is held in trust for said Board of Trustees
29    and upon properties leased to for-profit entities  the  title
30    to  which  properties  is  held  by  the Board of Trustees. A
31    certified copy of any such agreement made  with  the  State's
32    Attorney  shall  be filed with the County Clerk and such sums
33    shall be distributed to the respective  taxing  districts  by
34    the  County  Collector  in  such proportions that each taxing
 
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 1    district will receive therefrom such proportion  as  the  tax
 2    rate of such taxing district bears to the total tax rate that
 3    would  be  levied  against  such  properties if they were not
 4    exempt from taxation under the Property Tax Code.
 5        The Board of Trustees  of  the  University  of  Illinois,
 6    subject  to  the  applicable  civil  service law, may appoint
 7    persons to be members of the University  of  Illinois  Police
 8    Department.  Members  of the Police Department shall be peace
 9    officers and as such have all powers possessed  by  policemen
10    in  cities, and sheriffs, including the power to make arrests
11    on view or warrants of violations of state statutes and  city
12    or  county  ordinances,  except  that  they may exercise such
13    powers only in counties wherein the University and any of its
14    branches or properties are located when such is required  for
15    the  protection  of  university properties and interests, and
16    its  students  and  personnel,  and  otherwise,  within  such
17    counties, when requested by appropriate state  or  local  law
18    enforcement  officials;  provided, however, that such officer
19    shall have no power to serve and execute civil processes.
20        The Board of Trustees must authorize to  each  member  of
21    the University of Illinois Police Department and to any other
22    employee  of the University of Illinois exercising the powers
23    of a peace officer a distinct badge that, on  its  face,  (i)
24    clearly states that the badge is authorized by the University
25    of Illinois and (ii) contains a unique identifying number. No
26    other   badge  shall  be  authorized  by  the  University  of
27    Illinois. Nothing in this paragraph prohibits  the  Board  of
28    Trustees   from   issuing   shields   or   other  distinctive
29    identification to employees not exercising the  powers  of  a
30    peace  officer  if  the  Board  of Trustees determines that a
31    shield  or  distinctive  identification  is  needed  by   the
32    employee to carry out his or her responsibilities.
33        The  Board of Trustees may own, operate, or govern, by or
34    through the College of Medicine at  Peoria,  a  managed  care
 
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 1    community network established under subsection (b) of Section
 2    5-11 of the Illinois Public Aid Code.
 3        The  powers  of  the  trustees  as  herein designated are
 4    subject to the provisions of "An  Act  creating  a  Board  of
 5    Higher  Education,  defining its powers and duties, making an
 6    appropriation therefor, and repealing an Act  herein  named",
 7    approved August 22, 1961, as amended.
 8        The  Board  of Trustees shall have the authority to adopt
 9    all administrative rules  which  may  be  necessary  for  the
10    effective  administration,  enforcement and regulation of all
11    matters   for   which   the   Board   has   jurisdiction   or
12    responsibility.
13        (b)  To  assist  in  the  provision  of   buildings   and
14    facilities  beneficial  to,  useful  for,  or  supportive  of
15    University  purposes, the Board of Trustees of the University
16    of Illinois may exercise the following powers with regard  to
17    the area located on or adjacent to the University of Illinois
18    at  Chicago  campus  and  bounded  as follows: on the West by
19    Morgan Street; on the North by Roosevelt Road; on the East by
20    Union Street; and on the South by 16th Street, in the City of
21    Chicago:
22             (1)  Acquire any interests in  land,  buildings,  or
23        facilities  by  purchase,  including installments payable
24        over a period allowed by law, by lease  over  a  term  of
25        such  duration  as the Board of Trustees shall determine,
26        or by exercise of the power of eminent domain;
27             (2)  Sub-lease  or  contract  to  purchase   through
28        installments   all   or   any  portion  of  buildings  or
29        facilities for such duration and on  such  terms  as  the
30        Board  of Trustees shall determine, including a term that
31        exceeds  5  years,  provided  that  each  such  lease  or
32        purchase contract shall be and shall recite  that  it  is
33        subject  to  termination and cancellation in any year for
34        which the General Assembly fails to make an appropriation
 
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 1        to pay the rent or purchase  installments  payable  under
 2        the terms of such lease or purchase contract; and
 3             (3)  Sell property without compliance with the State
 4        Property   Control   Act   and  retain  proceeds  in  the
 5        University Treasury in a  special,  separate  development
 6        fund  account  which the Auditor General shall examine to
 7        assure compliance with this Act.
 8    Any buildings or facilities to be developed on the land shall
 9    be buildings or facilities that, in the determination of  the
10    Board  of  Trustees,  in whole or in part: (i) are for use by
11    the University; or (ii) otherwise advance  the  interests  of
12    the  University,  including,  by  way of example, residential
13    facilities for University staff and students  and  commercial
14    facilities  which  provide  services needed by the University
15    community.  Revenues from the development fund account may be
16    withdrawn by the University for the purpose of demolition and
17    the processes associated with demolition;  routine  land  and
18    property  acquisition;  extension  of  utilities; streetscape
19    work;  landscape  work;  surface   and   structure   parking;
20    sidewalks,  recreational  paths, and street construction; and
21    lease and lease purchase arrangements  and  the  professional
22    services  associated with the planning and development of the
23    area.  Moneys from the development fund account used for  any
24    other  purpose  must  be deposited into and appropriated from
25    the General Revenue Fund.  Buildings or facilities leased  to
26    an  entity  or  person other than the University shall not be
27    subject to any limitations applicable to  a  State  supported
28    college  or university under any law.  All development on the
29    land and all use of any  buildings  or  facilities  shall  be
30    subject to the control and approval of the Board of Trustees.
31    (Source: P.A. 91-883, eff. 1-1-01; 92-370, eff. 8-15-01.)

32        Section  30.  The  Illinois  Vehicle  Code  is amended by
33    changing Section 13-107 as follows:
 
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 1        (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
 2        Sec. 13-107. Investigation of complaints against official
 3    testing stations. The Department shall, upon its own  motion,
 4    or   upon  charges  made  in  writing  verified  under  oath,
 5    investigate complaints that an official  testing  station  is
 6    willfully falsifying records or tests, either for the purpose
 7    of  selling  parts  or services not actually required, or for
 8    the purpose of issuing a certificate of safety for a  vehicle
 9    designed  to  carry  15  or  fewer  passengers  operated by a
10    contract carrier transporting  employees  in  the  course  of
11    their  employment on a highway of this State, second division
12    vehicle, or medical transport vehicle that  is  not  in  safe
13    mechanical  condition  as determined by the standards of this
14    Chapter in violation of the provisions of this Chapter or  of
15    the rules and regulations issued by the Department.
16        The  Secretary of Transportation, for the purpose of more
17    effectively carrying out the provisions of  Chapter  13,  may
18    appoint such a number of inspectors as he may deem necessary.
19    Such  inspectors shall inspect and investigate applicants for
20    official testing station permits and investigate  and  report
21    violations.  With respect to enforcement of the provisions of
22    this Chapter 13, such inspectors shall have and may  exercise
23    throughout the State all the powers of police officers.
24        The Secretary must authorize to each inspector and to any
25    other  employee  of the Department exercising the powers of a
26    peace officer a distinct badge that, on its face, (i) clearly
27    states that the badge is authorized  by  the  Department  and
28    (ii)  contains  a  unique identifying number.  No other badge
29    shall be  authorized  by  the  Department.  Nothing  in  this
30    Section prohibits the Secretary from issuing shields or other
31    distinctive  identification  to  employees not exercising the
32    powers of a peace officer if the Secretary determines that  a
33    shield   or  distinctive  identification  is  needed  by  the
34    employee to carry out his or her responsibilities.
 
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 1    (Source: P.A. 91-883, eff. 1-1-01; 92-108, eff. 1-1-02.)

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