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| [ Introduced ] | [ House Amendment 001 ] |
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.) HB2235 Engrossed -2- LRB9206033MWcs 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.) HB2235 Engrossed -3- LRB9206033MWcs 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 HB2235 Engrossed -4- LRB9206033MWcs 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 HB2235 Engrossed -5- LRB9206033MWcs 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, HB2235 Engrossed -6- LRB9206033MWcs 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 HB2235 Engrossed -7- LRB9206033MWcs 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 HB2235 Engrossed -8- LRB9206033MWcs 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 HB2235 Engrossed -9- LRB9206033MWcs 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 HB2235 Engrossed -10- LRB9206033MWcs 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 HB2235 Engrossed -11- LRB9206033MWcs 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 HB2235 Engrossed -12- LRB9206033MWcs 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.