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91_SB1874eng SB1874 Engrossed LRB9112814MWcsC 1 AN ACT concerning the exercise of police powers by State 2 employees. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Attorney General Act is amended by 6 changing Section 4c as follows: 7 (15 ILCS 205/4c) (from Ch. 14, par. 4c) 8 Sec. 4c. (a) Subject to the qualifications set forth 9 below, investigators employed by the Attorney General shall 10 be peace officers and shall have all the powers possessed by 11 policemen in cities and by sheriffs; provided, that Attorney 12 General's investigators may exercise such powers anywhere in 13 the State in cooperation with and after contact with the 14 local law enforcement officials. 15 No investigator employed by the Attorney General shall 16 have peace officer status or exercise police powers unless he 17 or she successfully completes the basic police training 18 course mandated and approved by the Illinois Law Enforcement 19 Training Standards Board or such board waives the training 20 requirement by reason of the investigator's prior law 21 enforcement experience or training or both. 22 The board shall not waive the training requirement unless 23 the investigator has had a minimum of 5 years experience as a 24 sworn officer of a local, state or federal law enforcement 25 agency, 2 of which shall have been in an investigatory 26 capacity. 27 (b) The Attorney General must authorize to each 28 investigator employed under this Section and to any other 29 employee exercising the powers of peace officers a distinct 30 badge that, on its face, (i) clearly states that it is 31 authorized by the Office of the Attorney General and (ii) SB1874 Engrossed -2- LRB9112814MWcsC 1 contains a unique identifying number. No other badge shall 2 be authorized by the Office of the Attorney General. 3 (Source: P.A. 90-540, eff. 12-1-97.) 4 Section 10. The Department of Agriculture Law of the 5 Civil Administrative Code of Illinois is amended by adding 6 Section 205-435 as follows: 7 (20 ILCS 205/205-435 new) 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. 15 Section 15. The Department of Central Management 16 Services Law of the Civil Administrative Code of Illinois is 17 amended by adding Section 405-330 as follows: 18 (20 ILCS 405/405-330 new) 19 Sec. 405-330. Badges. The Director must authorize to 20 each member of the police and security force and to any other 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. 26 Section 20. The Department of Children and Family 27 Services Powers Law of the Civil Administrative Code of 28 Illinois is amended by changing Section 510-200 as follows: SB1874 Engrossed -3- LRB9112814MWcsC 1 (20 ILCS 510/510-200) (was 20 ILCS 510/65.2) 2 Sec. 510-200. Police and security force. 3 (a) The Department has the power to appoint, subject to 4 the Personnel Code, persons to be members of a police and 5 security force. Members of the police and security force 6 shall be peace officers and as such have all powers possessed 7 by policemen in cities and sheriffs, including the power to 8 make arrests on view or on warrants of violations of State 9 statutes or city or county ordinances. These powers may, 10 however, be exercised only in counties of more than 500,000 11 population when required for the protection of Department 12 properties, interests, and personnel or when specifically 13 requested by appropriate State or local law enforcement 14 officials. Members of the police and security force may not 15 serve and execute civil process. 16 (b) The Director must authorize to each member of the 17 police and security force and to any other employee of the 18 Department exercising the powers of a peace officer a 19 distinct badge that, on its face, (i) clearly states that the 20 badge is authorized by the Department and (ii) contains a 21 unique identifying number. No other badge shall be 22 authorized by the Department. 23 (Source: P.A. 91-239, eff. 1-1-00.) 24 Section 25. The Department of Natural Resources Act is 25 amended by adding Section 1-30 as follows: 26 (20 ILCS 801/1-30 new) 27 Sec. 1-30. Badges. The Director must authorize to each 28 Conservation Police Officer and to any other employee of the 29 Department exercising the powers of a peace officer a 30 distinct badge that, on its face, (i) clearly states that the 31 badge is authorized by the Department and (ii) contains a 32 unique identifying number. No other badge shall be authorized SB1874 Engrossed -4- LRB9112814MWcsC 1 by the Department. 2 Section 30. The Department of Human Services Act is 3 amended by adding Section 1-30 as follows: 4 (20 ILCS 1305/1-30 new) 5 Sec. 1-30. Badges. The Secretary must authorize to each 6 employee of the Department exercising the powers of a peace 7 officer a distinct badge that, on its face, (i) clearly 8 states that the badge is authorized by the Department and 9 (ii) contains a unique identifying number. No other badge 10 shall be authorized by the Department. 11 Section 35. The Department of Labor Law of the Civil 12 Administrative Code of Illinois is amended by adding Section 13 1505-205 as follows: 14 (20 ILCS 1505/1505-205 new) 15 Sec. 1505-205. Badges. The Director must authorize each 16 employee of the Department exercising the powers of a peace 17 officer a distinct badge that, on its face, (i) clearly 18 states that the badge is authorized by the Department and 19 (ii) contains a unique identifying number. No other badge 20 shall be authorized by the Department. 21 Section 40. The Department of Professional Regulation 22 Law of the Civil Administrative Code of Illinois is amended 23 by adding Section 2105-330 as follows: 24 (20 ILCS 2105/2105-330 new) 25 Sec. 2105-330. Badges. The Director must authorize to 26 each agent, officer, investigator, and peace officer and to 27 any other employee of the Department exercising the powers of 28 a peace officer a distinct badge that, on its face, (i) SB1874 Engrossed -5- LRB9112814MWcsC 1 clearly states that the badge is authorized by the Department 2 and (ii) contains a unique identifying number. No other badge 3 shall be authorized by the Department. 4 Section 45. The Department of Revenue Law of the Civil 5 Administrative Code of Illinois is amended by changing 6 Section 2505-305 as follows: 7 (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1) 8 Sec. 2505-305. Investigators. 9 (a) The Department has the power to appoint 10 investigators to conduct all investigations, searches, 11 seizures, arrests, and other duties imposed under the 12 provisions of any law administered by the Department. The 13 investigators have and may exercise all the powers of peace 14 officers solely for the purpose of enforcing taxing measures 15 administered by the Department. 16 (b) The Director must authorize to each investigator 17 employed under this Section and to any other employee of the 18 Department exercising the powers of a peace officer a 19 distinct badge that, on its face, (i) clearly states that the 20 badge is authorized by the Department and (ii) contains a 21 unique identifying number. No other badge shall be authorized 22 by the Department. 23 (Source: P.A. 91-239, eff. 1-1-00.) 24 Section 50. The Department of State Police Law of the 25 Civil Administrative Code of Illinois is amended by adding 26 Section 2605-55 as follows: 27 (20 ILCS 2605/2605-55 new) 28 Sec. 2605-55. Badges. The Director must authorize to 29 each State trooper, police officer, and investigator and to 30 any other employee of the Department exercising the powers of SB1874 Engrossed -6- LRB9112814MWcsC 1 a peace officer a distinct badge that, on its face, (i) 2 clearly states that the badge is authorized by the Department 3 and (ii) contains a unique identifying number. No other badge 4 shall be authorized by the Department. 5 Section 55. The Peace Officer Fire Investigation Act is 6 amended by changing Section 1 as follows: 7 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501) 8 Sec. 1. Peace Officer Status. 9 (a) Any person who is a sworn member of any organized and 10 paid fire department of a political subdivision of this State 11 and is authorized to investigate fires or explosions for such 12 political subdivision, or who is employed by the Office of 13 the State Fire Marshal to determine the cause, origin and 14 circumstances of such fires or explosions that are suspected 15 to be arson or arson-related crimes, may be classified as a 16 peace officer by the political subdivision or agency 17 employing such person. A person so classified shall possess 18 the same powers of arrest, search and seizure and the 19 securing and service of warrants as sheriffs of counties, and 20 police officers within the jurisdiction of their political 21 subdivision. While in the actual investigation and matters 22 incident thereto, such person may carry weapons as may be 23 necessary, but only if that person has satisfactorily 24 completed (1) a training program offered or approved by the 25 Illinois Law Enforcement Training Standards Board which 26 substantially conforms to standards promulgated pursuant to 27 the Illinois Police Training Act and "An Act in relation to 28 firearms training for peace officers", approved August 29, 29 1975, as amended; or in the case of employees of the Office 30 of the State Fire Marshal, a training course approved by the 31 Department of State Police which also substantially conforms 32 to standards promulgated pursuant to "An Act in relation to SB1874 Engrossed -7- LRB9112814MWcsC 1 firearms training for peace officers", approved August 29, 2 1975, as amended; and (2) a course in fire and arson 3 investigation approved by the Office of the State Fire 4 Marshal pursuant to the Illinois Fire Protection Training 5 Act. Such training need not include exposure to vehicle and 6 traffic law, traffic control and accident investigation, or 7 first aid, but shall include training in the law relating to 8 the rights of persons suspected of involvement in criminal 9 activities. 10 Any person granted the powers enumerated in this Section 11 may exercise such powers only during the actual investigation 12 of the cause, origin and circumstances of such fires or 13 explosions that are suspected to be arson or arson-related 14 crimes. 15 (b) The State Fire Marshal must authorize to each 16 employee of the Office of the State Fire Marshal who is 17 exercising the powers of a peace officer a distinct badge 18 that, on its face, (i) clearly states that the badge is 19 authorized by the Office of the State Fire Marshal and (ii) 20 contains a unique identifying number. No other badge shall 21 be authorized by the Office of the State Fire Marshal. 22 (Source: P.A. 88-586, eff. 8-12-94.) 23 Section 60. The University of Illinois Act is amended by 24 changing Section 7 as follows: 25 (110 ILCS 305/7) (from Ch. 144, par. 28) 26 Sec. 7. Powers of trustees. 27 (a) The trustees shall have power to provide for the 28 requisite buildings, apparatus, and conveniences; to fix the 29 rates for tuition; to appoint such professors and 30 instructors, and to establish and provide for the management 31 of such model farms, model art, and other departments and 32 professorships, as may be required to teach, in the most SB1874 Engrossed -8- LRB9112814MWcsC 1 thorough manner, such branches of learning as are related to 2 agriculture and the mechanic arts, and military tactics, 3 without excluding other scientific and classical studies. The 4 trustees shall, upon the written request of an employee 5 withhold from the compensation of that employee any dues, 6 payments or contributions payable by such employee to any 7 labor organization as defined in the Illinois Educational 8 Labor Relations Act. Under such arrangement, an amount shall 9 be withheld from each regular payroll period which is equal 10 to the pro rata share of the annual dues plus any payments or 11 contributions, and the trustees shall transmit such 12 withholdings to the specified labor organization within 10 13 working days from the time of the withholding. They may 14 accept the endowments and voluntary professorships or 15 departments in the University, from any person or persons or 16 corporations who may offer the same, and, at any regular 17 meeting of the board, may prescribe rules and regulations in 18 relation to such endowments and declare on what general 19 principles they may be admitted: Provided, that such special 20 voluntary endowments or professorships shall not be 21 incompatible with the true design and scope of the act of 22 congress, or of this Act: Provided, that no student shall at 23 any time be allowed to remain in or about the University in 24 idleness, or without full mental or industrial occupation: 25 And provided further, that the trustees, in the exercise of 26 any of the powers conferred by this Act, shall not create any 27 liability or indebtedness in excess of the funds in the hands 28 of the treasurer of the University at the time of creating 29 such liability or indebtedness, and which may be specially 30 and properly applied to the payment of the same. Any lease to 31 the trustees of lands, buildings or facilities which will 32 support scientific research and development in such areas as 33 high technology, super computing, microelectronics, 34 biotechnology, robotics, physics and engineering shall be for SB1874 Engrossed -9- LRB9112814MWcsC 1 a term not to exceed 18 years, and may grant to the trustees 2 the option to purchase the lands, buildings or facilities. 3 The lease shall recite that it is subject to termination and 4 cancellation in any year for which the General Assembly fails 5 to make an appropriation to pay the rent payable under the 6 terms of the lease. 7 Leases for the purposes described herein exceeding 5 8 years shall have the approval of the Illinois Board of Higher 9 Education. 10 The Board of Trustees may, directly or in cooperation 11 with other institutions of higher education, acquire by 12 purchase or lease or otherwise, and construct, enlarge, 13 improve, equip, complete, operate, control and manage medical 14 research and high technology parks, together with the 15 necessary lands, buildings, facilities, equipment and 16 personal property therefor, to encourage and facilitate (a) 17 the location and development of business and industry in the 18 State of Illinois, and (b) the increased application and 19 development of technology and (c) the improvement and 20 development of the State's economy. The Board of Trustees may 21 lease to nonprofit corporations all or any part of the land, 22 buildings, facilities, equipment or other property included 23 in a medical research and high technology park upon such 24 terms and conditions as the University of Illinois may deem 25 advisable and enter into any contract or agreement with such 26 nonprofit corporations as may be necessary or suitable for 27 the construction, financing, operation and maintenance and 28 management of any such park; and may lease to any person, 29 firm, partnership or corporation, either public or private, 30 any part or all of the land, building, facilities, equipment 31 or other property of such park for such purposes and upon 32 such rentals, terms and conditions as the University may deem 33 advisable; and may finance all or part of the cost of any 34 such park, including the purchase, lease, construction, SB1874 Engrossed -10- LRB9112814MWcsC 1 reconstruction, improvement, remodeling, addition to, and 2 extension and maintenance of all or part of such high 3 technology park, and all equipment and furnishings, by 4 legislative appropriations, government grants, contracts, 5 private gifts, loans, receipts from the operation of such 6 high technology park, rentals and similar receipts; and may 7 make its other facilities and services available to tenants 8 or other occupants of any such park at rates which are 9 reasonable and appropriate. 10 The Trustees shall have power (a) to purchase real 11 property and easements, and (b) to acquire real property and 12 easements in the manner provided by law for the exercise of 13 the right of eminent domain, and in the event negotiations 14 for the acquisition of real property or easements for making 15 any improvement which the Trustees are authorized to make 16 shall have proven unsuccessful and the Trustees shall have by 17 resolution adopted a schedule or plan of operation for the 18 execution of the project and therein made a finding that it 19 is necessary to take such property or easements immediately 20 or at some specified later date in order to comply with the 21 schedule, the Trustees may acquire such property or easements 22 in the same manner provided in Sections 7-103 through 7-112 23 of the Code of Civil Procedure. 24 The Board of Trustees also shall have power to agree with 25 the State's Attorney of the county in which any properties of 26 the Board are located to pay for services rendered by the 27 various taxing districts for the years 1944 through 1949 and 28 to pay annually for services rendered thereafter by such 29 district such sums as may be determined by the Board upon 30 properties used solely for income producing purposes, title 31 to which is held by said Board of Trustees, upon properties 32 leased to members of the staff of the University of Illinois, 33 title to which is held in trust for said Board of Trustees 34 and upon properties leased to for-profit entities the title SB1874 Engrossed -11- LRB9112814MWcsC 1 to which properties is held by the Board of Trustees. A 2 certified copy of any such agreement made with the State's 3 Attorney shall be filed with the County Clerk and such sums 4 shall be distributed to the respective taxing districts by 5 the County Collector in such proportions that each taxing 6 district will receive therefrom such proportion as the tax 7 rate of such taxing district bears to the total tax rate that 8 would be levied against such properties if they were not 9 exempt from taxation under the Property Tax Code. 10 The Board of Trustees of the University of Illinois, 11 subject to the applicable civil service law, may appoint 12 persons to be members of the University of Illinois Police 13 Department. Members of the Police Department shall be peace 14 officers and as such have all powers possessed by policemen 15 in cities, and sheriffs, including the power to make arrests 16 on view or warrants of violations of state statutes and city 17 or county ordinances, except that they may exercise such 18 powers only in counties wherein the University and any of its 19 branches or properties are located when such is required for 20 the protection of university properties and interests, and 21 its students and personnel, and otherwise, within such 22 counties, when requested by appropriate state or local law 23 enforcement officials; provided, however, that such officer 24 shall have no power to serve and execute civil processes. 25 The Board of Trustees must authorize to each member of 26 the University of Illinois Police Department and to any other 27 employee of the University of Illinois exercising the powers 28 of a peace officer a distinct badge that, on its face, (i) 29 clearly states that the badge is authorized by the University 30 of Illinois and (ii) contains a unique identifying number. No 31 other badge shall be authorized by the University of 32 Illinois. 33 The Board of Trustees may own, operate, or govern, by or 34 through the College of Medicine at Peoria, a managed care SB1874 Engrossed -12- LRB9112814MWcsC 1 community network established under subsection (r) of Section 2 5-16.3 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 SB1874 Engrossed -13- LRB9112814MWcsC 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. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.) 32 Section 65. The Southern Illinois University Management 33 Act is amended by changing Section 8 as follows: SB1874 Engrossed -14- LRB9112814MWcsC 1 (110 ILCS 520/8) (from Ch. 144, par. 658) 2 Sec. 8. Powers and Duties of the Board. The Board shall 3 have power and it shall be its duty: 4 1. To make rules, regulations and by-laws, not 5 inconsistent with law, for the government and management of 6 Southern Illinois University and its branches; 7 2. To employ, and, for good cause, to remove a president 8 of Southern Illinois University, and all necessary deans, 9 professors, associate professors, assistant professors, 10 instructors, and other educational and administrative 11 assistants, and all other necessary employees, and contract 12 with them upon matters relating to tenure, salaries and 13 retirement benefits in accordance with the State Universities 14 Civil Service Act; the Board shall, upon the written request 15 of an employee of Southern Illinois University, withhold from 16 the compensation of that employee any dues, payments or 17 contributions payable by such employee to any labor 18 organization as defined in the Illinois Educational Labor 19 Relations Act. Under such arrangement, an amount shall be 20 withheld from each regular payroll period which is equal to 21 the pro rata share of the annual dues plus any payments or 22 contributions, and the Board shall transmit such withholdings 23 to the specified labor organization within 10 working days 24 from the time of the withholding. Whenever the Board 25 establishes a search committee to fill the position of 26 president of Southern Illinois University, there shall be 27 minority representation, including women, on that search 28 committee; 29 3. To prescribe the course of study to be followed, and 30 textbooks and apparatus to be used at Southern Illinois 31 University; 32 4. To issue upon the recommendation of the faculty, 33 diplomas to such persons as have satisfactorily completed the 34 required studies of Southern Illinois University, and confer SB1874 Engrossed -15- LRB9112814MWcsC 1 such professional and literary degrees as are usually 2 conferred by other institutions of like character for similar 3 or equivalent courses of study, or such as the Board may deem 4 appropriate; 5 5. To examine into the conditions, management, and 6 administration of Southern Illinois University, to provide 7 the requisite buildings, apparatus, equipment and auxiliary 8 enterprises, and to fix and collect matriculation fees; 9 tuition fees; fees for student activities; fees for student 10 facilities such as student union buildings or field houses or 11 stadium or other recreational facilities; student welfare 12 fees; laboratory fees and similar fees for supplies and 13 material; 14 6. To succeed to and to administer all trusts, trust 15 property, and gifts now or hereafter belonging or pertaining 16 to Southern Illinois University; 17 7. To accept endowments of professorships or departments 18 in the University from any person who may proffer them and, 19 at regular meetings, to prescribe rules and regulations in 20 relation to endowments and declare on what general principles 21 they may be accepted; 22 8. To enter into contracts with the Federal government 23 for providing courses of instruction and other services at 24 Southern Illinois University for persons serving in or with 25 the military or naval forces of the United States, and to 26 provide such courses of instruction and other services; 27 9. To provide for the receipt and expenditures of 28 Federal funds, paid to the Southern Illinois University by 29 the Federal government for instruction and other services for 30 persons serving in or with the military or naval forces of 31 the United States and to provide for audits of such funds; 32 10. To appoint, subject to the applicable civil service 33 law, persons to be members of the Southern Illinois 34 University Police Department. Members of the Police SB1874 Engrossed -16- LRB9112814MWcsC 1 Department shall be conservators of the peace and as such 2 have all powers possessed by policemen in cities, and 3 sheriffs, including the power to make arrests on view or 4 warrants of violations of state statutes, university rules 5 and regulations and city or county ordinances, except that 6 they may exercise such powers only within counties wherein 7 the university and any of its branches or properties are 8 located when such is required for the protection of 9 university properties and interests, and its students and 10 personnel, and otherwise, within such counties, when 11 requested by appropriate State or local law enforcement 12 officials. However, such officers shall have no power to 13 serve and execute civil processes. 14 The Board must authorize to each member of the Southern 15 Illinois University Police Department and to any other 16 employee of Southern Illinois University exercising the 17 powers of a peace officer a distinct badge that, on its face, 18 (i) clearly states that the badge is authorized by Southern 19 Illinois University and (ii) contains a unique identifying 20 number. No other badge shall be authorized by Southern 21 Illinois University. 22 11. To administer a plan or plans established by the 23 clinical faculty of the School of Medicine for the billing, 24 collection and disbursement of charges made by individual 25 faculty members for professional services performed by them 26 in the course of or in support of their academic 27 responsibilities, provided that such plan has been first 28 approved by Board action. All such collections shall be 29 deposited into a special fund or funds administered by the 30 Board from which disbursements may be made according to the 31 provisions of said plan. The reasonable costs incurred, by 32 the University, administering the billing, collection and 33 disbursement provisions of a plan shall have first priority 34 for payment before distribution or disbursement for any other SB1874 Engrossed -17- LRB9112814MWcsC 1 purpose. Charges established pursuant to this plan must be 2 itemized in any billing and any amounts collected which are 3 not used to off-set the cost of operating or maintaining the 4 activity which generated the funds collected, must be 5 accounted for separately. This accounting must clearly show 6 the use and application made of the funds and the Board shall 7 report such accountings for the previous fiscal year to the 8 Legislative Audit Commission annually by December 31 of each 9 fiscal year. 10 The Board of Trustees may own, operate, or govern, by or 11 through the School of Medicine, a managed care community 12 network established under subsection (r) of Section 5-16.3 of 13 the Illinois Public Aid Code. 14 12. The Board of Trustees may, directly or in 15 cooperation with other institutions of higher education, 16 acquire by purchase or lease or otherwise, and construct, 17 enlarge, improve, equip, complete, operate, control and 18 manage medical research and high technology parks, together 19 with the necessary lands, buildings, facilities, equipment, 20 and personal property therefor, to encourage and facilitate 21 (a) the location and development of business and industry in 22 the State of Illinois, and (b) the increased application and 23 development of technology and (c) the improvement and 24 development of the State's economy. The Board of Trustees 25 may lease to nonprofit corporations all or any part of the 26 land, buildings, facilities, equipment or other property 27 included in a medical research and high technology park upon 28 such terms and conditions as the Board of Trustees may deem 29 advisable and enter into any contract or agreement with such 30 nonprofit corporations as may be necessary or suitable for 31 the construction, financing, operation and maintenance and 32 management of any such park; and may lease to any person, 33 firm, partnership or corporation, either public or private, 34 any part or all of the land, building, facilities, equipment SB1874 Engrossed -18- LRB9112814MWcsC 1 or other property of such park for such purposes and upon 2 such rentals, terms and conditions as the Board of Trustees 3 may deem advisable; and may finance all or part of the cost 4 of any such park, including the purchase, lease, 5 construction, reconstruction, improvement, remodeling, 6 addition to, and extension and maintenance of all or part of 7 such high technology park, and all equipment and furnishings, 8 by legislative appropriations, government grants, contracts, 9 private gifts, loans, receipts from the operation of such 10 high technology park, rentals and similar receipts; and may 11 make its other facilities and services available to tenants 12 or other occupants of any such park at rates which are 13 reasonable and appropriate. 14 The powers of the Board as herein designated are subject 15 to the Board of Higher Education Act. 16 (Source: P.A. 87-378; 88-554, eff. 7-26-94.) 17 Section 70. The Chicago State University Law is amended 18 by changing Section 5-45 as follows: 19 (110 ILCS 660/5-45) 20 Sec. 5-45. Powers and duties. The Board also shall have 21 power and it shall be its duty: 22 (1) To make rules, regulations and bylaws, not 23 inconsistent with law, for the government and management of 24 Chicago State University and its branches; 25 (2) To employ, and, for good cause, to remove a 26 President of Chicago State University, and all necessary 27 deans, professors, associate professors, assistant 28 professors, instructors, other educational and administrative 29 assistants, and all other necessary employees, and to 30 prescribe their duties and contract with them upon matters 31 relating to tenure, salaries and retirement benefits in 32 accordance with the State Universities Civil Service Act. SB1874 Engrossed -19- LRB9112814MWcsC 1 Whenever the Board establishes a search committee to fill the 2 position of President of Chicago State University, there 3 shall be minority representation, including women, on that 4 search committee. The Board shall, upon the written request 5 of an employee of Chicago State University, withhold from the 6 compensation of that employee any dues, payments or 7 contributions payable by such employee to any labor 8 organization as defined in the Illinois Educational Labor 9 Relations Act. Under such arrangement, an amount shall be 10 withheld from each regular payroll period which is equal to 11 the pro rata share of the annual dues plus any payments or 12 contributions, and the Board shall transmit such withholdings 13 to the specified labor organization within 10 working days 14 from the time of the withholding; 15 (3) To prescribe the courses of study to be followed, 16 and textbooks and apparatus to be used at Chicago State 17 University; 18 (4) To issue upon the recommendation of the faculty, 19 diplomas to such persons as have satisfactorily completed the 20 required studies of Chicago State University, and confer such 21 professional and literary degrees as are usually conferred by 22 other institutions of like character for similar or 23 equivalent courses of study, or such as the Board may deem 24 appropriate; 25 (5) To examine into the conditions, management, and 26 administration of Chicago State University, to provide the 27 requisite buildings, apparatus, equipment and auxiliary 28 enterprises, and to fix and collect matriculation fees; 29 tuition fees; fees for student activities; fees for student 30 facilities such as student union buildings or field houses or 31 stadia or other recreational facilities; student welfare 32 fees; laboratory fees; and similar fees for supplies and 33 materials. The expense of the building, improving, repairing 34 and supplying fuel and furniture and the necessary appliances SB1874 Engrossed -20- LRB9112814MWcsC 1 and apparatus for conducting Chicago State University, the 2 reimbursed expenses of members of the Board, and the salaries 3 or compensation of the President, assistants, agents and 4 other employees of Chicago State University, shall be a 5 charge upon the State Treasury. All other expenses shall be 6 chargeable against students, and the Board shall regulate the 7 charges accordingly; 8 (6) To succeed to and to administer all trusts, trust 9 property, and gifts now or hereafter belonging or pertaining 10 to Chicago State University; 11 (7) To accept endowments of professorships or 12 departments in Chicago State University from any person who 13 may proffer them and, at regular meetings, to prescribe rules 14 and regulations in relation to endowments and declare on what 15 general principles they may be accepted; 16 (8) To enter into contracts with the Federal government 17 for providing courses of instruction and other services at 18 Chicago State University for persons serving in or with the 19 military or naval forces of the United States, and to provide 20 such courses of instruction and other services; 21 (9) To contract with respect to the Cooperative Computer 22 Center to obtain services related to electronic data 23 processing; 24 (10) To provide for the receipt and expenditures of 25 Federal funds paid to Chicago State University by the Federal 26 government for instruction and other services for persons 27 serving in or with the military or naval forces of the United 28 States, and to provide for audits of such funds; 29 (11) To appoint, subject to the applicable civil service 30 law, persons to be members of the Chicago State University 31 Police Department. Members of the Police Department shall be 32 conservators of the peace and as such have all powers 33 possessed by policemen in cities, and sheriffs, including the 34 power to make arrests on view or warrants of violations of SB1874 Engrossed -21- LRB9112814MWcsC 1 State statutes, University rules and regulations and city or 2 county ordinances, except that they may exercise such powers 3 only within counties wherein Chicago State University and any 4 of its branches or properties are located when such is 5 required for the protection of University properties and 6 interests, and its students and personnel, and otherwise, 7 within such counties, when requested by appropriate State or 8 local law enforcement officials. However, such officers shall 9 have no power to serve and execute civil processes.;10 The Board must authorize to each member of the Chicago 11 State University Police Department and to any other employee 12 of Chicago State University 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 Chicago State 15 University and (ii) contains a unique identifying number on 16 its face. No other badge shall be authorized by Chicago State 17 University; 18 (12) The Board may, directly or in cooperation with 19 other institutions of higher education, acquire by purchase 20 or lease or otherwise, and construct, enlarge, improve, 21 equip, complete, operate, control and manage research and 22 high technology parks, together with the necessary lands, 23 buildings, facilities, equipment, and personal property 24 therefor, to encourage and facilitate (i) the location and 25 development of business and industry in the State of 26 Illinois, and (ii) the increased application and development 27 of technology, and (iii) the improvement and development of 28 the State's economy. The Board may lease to nonprofit 29 corporations all or any part of the land, buildings, 30 facilities, equipment or other property included in a 31 research and high technology park upon such terms and 32 conditions as the Board may deem advisable and enter into any 33 contract or agreement with such nonprofit corporations as may 34 be necessary or suitable for the construction, financing, SB1874 Engrossed -22- LRB9112814MWcsC 1 operation and maintenance and management of any such park; 2 and may lease to any person, firm, partnership or 3 corporation, either public or private, any part or all of the 4 land, building, facilities, equipment or other property of 5 such park for such purposes and upon such rentals, terms and 6 conditions as the Board may deem advisable; and may finance 7 all or part of the cost of any such park, including the 8 purchase, lease, construction, reconstruction, improvement, 9 remodeling, addition to, and extension and maintenance of all 10 or part of such high technology park, and all equipment and 11 furnishings, by legislative appropriations, government 12 grants, contracts, private gifts, loans, receipts from the 13 operation of such high technology park, rentals and similar 14 receipts; and may make its other facilities and services 15 available to tenants or other occupants of any such park at 16 rates which are reasonable and appropriate. 17 (Source: P.A. 89-4, eff. 1-1-96.) 18 Section 75. The Eastern Illinois University Law is 19 amended by changing Section 10-45 as follows: 20 (110 ILCS 665/10-45) 21 Sec. 10-45. Powers and duties. 22 (a) The Board also shall have power and it shall be its 23 duty: 24 (1) To make rules, regulations and bylaws, not 25 inconsistent with law, for the government and management 26 of Eastern Illinois University and its branches. 27 (2) To employ, and, for good cause, to remove a 28 President of Eastern Illinois University, and all 29 necessary deans, professors, associate professors, 30 assistant professors, instructors, other educational and 31 administrative assistants, and all other necessary 32 employees, and to prescribe their duties and contract SB1874 Engrossed -23- LRB9112814MWcsC 1 with them upon matters relating to tenure, salaries and 2 retirement benefits in accordance with the State 3 Universities Civil Service Act. Whenever the Board 4 establishes a search committee to fill the position of 5 President of Eastern Illinois University, there shall be 6 minority representation, including women, on that search 7 committee. The Board shall, upon the written request of 8 an employee of Eastern Illinois University, withhold from 9 the compensation of that employee any dues, payments or 10 contributions payable by such employee to any labor 11 organization as defined in the Illinois Educational Labor 12 Relations Act. Under such arrangement, an amount shall 13 be withheld from each regular payroll period which is 14 equal to the pro rata share of the annual dues plus any 15 payments or contributions, and the Board shall transmit 16 such withholdings to the specified labor organization 17 within 10 working days from the time of the withholding. 18 (3) To prescribe the courses of study to be 19 followed, and textbooks and apparatus to be used at 20 Eastern Illinois University. 21 (4) To issue upon the recommendation of the 22 faculty, diplomas to such persons as have satisfactorily 23 completed the required studies of Eastern Illinois 24 University, and confer such professional and literary 25 degrees as are usually conferred by other institutions of 26 like character for similar or equivalent courses of 27 study, or such as the Board may deem appropriate. 28 (5) To examine into the conditions, management, and 29 administration of Eastern Illinois University, to provide 30 the requisite buildings, apparatus, equipment and 31 auxiliary enterprises, and to fix and collect 32 matriculation fees; tuition fees; fees for student 33 activities; fees for student facilities such as student 34 union buildings or field houses or stadia or other SB1874 Engrossed -24- LRB9112814MWcsC 1 recreational facilities; student welfare fees; laboratory 2 fees; and similar fees for supplies and materials. The 3 expense of the building, improving, repairing and 4 supplying fuel and furniture and the necessary appliances 5 and apparatus for conducting Eastern Illinois University, 6 the reimbursed expenses of members of the Board, and the 7 salaries or compensation of the President, assistants, 8 agents and other employees of Eastern Illinois 9 University, shall be a charge upon the State Treasury. 10 All other expenses shall be chargeable against students, 11 and the Board shall regulate the charges accordingly. 12 (6) To succeed to and to administer all trusts, 13 trust property, and gifts now or hereafter belonging or 14 pertaining to Eastern Illinois University. 15 (7) To accept endowments of professorships or 16 departments in Eastern Illinois University from any 17 person who may proffer them and, at regular meetings, to 18 prescribe rules and regulations in relation to endowments 19 and declare on what general principles they may be 20 accepted. 21 (8) To enter into contracts with the Federal 22 government for providing courses of instruction and other 23 services at Eastern Illinois University for persons 24 serving in or with the military or naval forces of the 25 United States, and to provide such courses of instruction 26 and other services. 27 (9) To contract with respect to the Cooperative 28 Computer Center to obtain services related to electronic 29 data processing. 30 (10) To provide for the receipt and expenditures of 31 Federal funds paid to Eastern Illinois University by the 32 Federal government for instruction and other services for 33 persons serving in or with the military or naval forces 34 of the United States, and to provide for audits of such SB1874 Engrossed -25- LRB9112814MWcsC 1 funds. 2 (11) To appoint, subject to the applicable civil 3 service law, persons to be members of the Eastern 4 Illinois University Police Department. Members of the 5 Police Department shall be conservators of the peace and 6 as such have all powers possessed by policemen in cities, 7 and sheriffs, including the power to make arrests on view 8 or warrants of violations of State statutes, University 9 rules and regulations and city or county ordinances, 10 except that they may exercise such powers only within 11 counties wherein Eastern Illinois University and any of 12 its branches or properties are located when such is 13 required for the protection of University properties and 14 interests, and its students and personnel, and otherwise, 15 within such counties, when requested by appropriate State 16 or local law enforcement officials. However, such 17 officers shall have no power to serve and execute civil 18 processes. 19 The Board must authorize to each member of the Eastern 20 Illinois University Police Department and to any other 21 employee of Eastern Illinois University exercising the powers 22 of a peace officer a distinct badge that, on its face, (i) 23 clearly states that the badge is authorized by Eastern 24 Illinois University and (ii) contains a unique identifying 25 number. No other badge shall be authorized by Eastern 26 Illinois University. 27 (b) The Board may, directly or in cooperation with other 28 institutions of higher education, acquire by purchase or 29 lease or otherwise, and construct, enlarge, improve, equip, 30 complete, operate, control and manage research and high 31 technology parks, together with the necessary lands, 32 buildings, facilities, equipment, and personal property 33 therefor, to encourage and facilitate (i) the location and 34 development of business and industry in the State of SB1874 Engrossed -26- LRB9112814MWcsC 1 Illinois, and (ii) the increased application and development 2 of technology, and (iii) the improvement and development of 3 the State's economy. The Board may lease to nonprofit 4 corporations all or any part of the land, buildings, 5 facilities, equipment or other property included in a 6 research and high technology park upon such terms and 7 conditions as the Board may deem advisable and enter into any 8 contract or agreement with such nonprofit corporations as may 9 be necessary or suitable for the construction, financing, 10 operation and maintenance and management of any such park; 11 and may lease to any person, firm, partnership or 12 corporation, either public or private, any part or all of the 13 land, building, facilities, equipment or other property of 14 such park for such purposes and upon such rentals, terms and 15 conditions as the Board may deem advisable; and may finance 16 all or part of the cost of any such park, including the 17 purchase, lease, construction, reconstruction, improvement, 18 remodeling, addition to, and extension and maintenance of all 19 or part of such high technology park, and all equipment and 20 furnishings, by legislative appropriations, government 21 grants, contracts, private gifts, loans, receipts from the 22 operation of such high technology park, rentals and similar 23 receipts; and may make its other facilities and services 24 available to tenants or other occupants of any such park at 25 rates which are reasonable and appropriate. 26 (c) The Board may sell the following described property 27 without compliance with the State Property Control Act and 28 retain the proceeds in the University treasury in a special, 29 separate development fund account that the Auditor General 30 shall examine to assure compliance with this Law: 31 Lots 511 and 512 in Heritage Woods V, Charleston, Coles 32 County, Illinois. 33 Revenues from the development fund account may be withdrawn 34 by the University for the purpose of upgrading the on-campus SB1874 Engrossed -27- LRB9112814MWcsC 1 formal reception facility. Moneys from the development fund 2 account used for any other purpose must be deposited into and 3 appropriated from the General Revenue Fund. 4 (Source: P.A. 91-251, eff. 7-22-99.) 5 Section 80. The Governors State University Law is 6 amended by changing Section 15-45 as follows: 7 (110 ILCS 670/15-45) 8 Sec. 15-45. Powers and duties. The Board also shall 9 have power and it shall be its duty: 10 (1) To make rules, regulations and bylaws, not 11 inconsistent with law, for the government and management of 12 Governors State University and its branches; 13 (2) To employ, and, for good cause, to remove a 14 President of Governors State University, and all necessary 15 deans, professors, associate professors, assistant 16 professors, instructors, other educational and administrative 17 assistants, and all other necessary employees, and to 18 prescribe their duties and contract with them upon matters 19 relating to tenure, salaries and retirement benefits in 20 accordance with the State Universities Civil Service Act. 21 Whenever the Board establishes a search committee to fill the 22 position of President of Governors State University, there 23 shall be minority representation, including women, on that 24 search committee. The Board shall, upon the written request 25 of an employee of Governors State University, withhold from 26 the compensation of that employee any dues, payments or 27 contributions payable by such employee to any labor 28 organization as defined in the Illinois Educational Labor 29 Relations Act. Under such arrangement, an amount shall be 30 withheld from each regular payroll period which is equal to 31 the pro rata share of the annual dues plus any payments or 32 contributions, and the Board shall transmit such withholdings SB1874 Engrossed -28- LRB9112814MWcsC 1 to the specified labor organization within 10 working days 2 from the time of the withholding; 3 (3) To prescribe the courses of study to be followed, 4 and textbooks and apparatus to be used at Governors State 5 University; 6 (4) To issue upon the recommendation of the faculty, 7 diplomas to such persons as have satisfactorily completed the 8 required studies of Governors State University, and confer 9 such professional and literary degrees as are usually 10 conferred by other institutions of like character for similar 11 or equivalent courses of study, or such as the Board may deem 12 appropriate; 13 (5) To examine into the conditions, management, and 14 administration of Governors State University, to provide the 15 requisite buildings, apparatus, equipment and auxiliary 16 enterprises, and to fix and collect matriculation fees; 17 tuition fees; fees for student activities; fees for student 18 facilities such as student union buildings or field houses or 19 stadia or other recreational facilities; student welfare 20 fees; laboratory fees; and similar fees for supplies and 21 materials. The expense of the building, improving, repairing 22 and supplying fuel and furniture and the necessary appliances 23 and apparatus for conducting Governors State University, the 24 reimbursed expenses of members of the Board, and the salaries 25 or compensation of the President, assistants, agents and 26 other employees of Governors State University, shall be a 27 charge upon the State Treasury. All other expenses shall be 28 chargeable against students, and the Board shall regulate the 29 charges accordingly; 30 (6) To succeed to and to administer all trusts, trust 31 property, and gifts now or hereafter belonging or pertaining 32 to Governors State University; 33 (7) To accept endowments of professorships or 34 departments in Governors State University from any person who SB1874 Engrossed -29- LRB9112814MWcsC 1 may proffer them and, at regular meetings, to prescribe rules 2 and regulations in relation to endowments and declare on what 3 general principles they may be accepted; 4 (8) To enter into contracts with the Federal government 5 for providing courses of instruction and other services at 6 Governors State University for persons serving in or with the 7 military or naval forces of the United States, and to provide 8 such courses of instruction and other services; 9 (9) To operate, maintain, and contract with respect to 10 the Cooperative Computer Center for its own purposes and to 11 provide services related to electronic data processing to 12 other public and private colleges and universities, to 13 governmental agencies, and to public or private 14 not-for-profit agencies; and to examine the conditions, 15 management, and administration of the Cooperative Computer 16 Center; 17 (10) To provide for the receipt and expenditures of 18 Federal funds paid to Governors State University by the 19 Federal government for instruction and other services for 20 persons serving in or with the military or naval forces of 21 the United States, and to provide for audits of such funds; 22 (11) To appoint, subject to the applicable civil service 23 law, persons to be members of the Governors State University 24 Police Department. Members of the Police Department shall be 25 conservators of the peace and as such have all powers 26 possessed by policemen in cities, and sheriffs, including the 27 power to make arrests on view or warrants of violations of 28 State statutes, University rules and regulations and city or 29 county ordinances, except that they may exercise such powers 30 only within counties wherein Governors State University and 31 any of its branches or properties are located when such is 32 required for the protection of University properties and 33 interests, and its students and personnel, and otherwise, 34 within such counties, when requested by appropriate State or SB1874 Engrossed -30- LRB9112814MWcsC 1 local law enforcement officials. However, such officers shall 2 have no power to serve and execute civil processes.;3 The Board must authorize to each member of the Governors 4 State University Police Department and to any other employee 5 of Governors State University exercising the powers of a 6 peace officer a distinct badge that, on its face, (i) clearly 7 states that the badge is authorized by Governors State 8 University and (ii) contains a unique identifying number. No 9 other badge shall be authorized by Governors State 10 University; 11 (12) The Board may, directly or in cooperation with 12 other institutions of higher education, acquire by purchase 13 or lease or otherwise, and construct, enlarge, improve, 14 equip, complete, operate, control and manage research and 15 high technology parks, together with the necessary lands, 16 buildings, facilities, equipment, and personal property 17 therefor, to encourage and facilitate (i) the location and 18 development of business and industry in the State of 19 Illinois, and (ii) the increased application and development 20 of technology, and (iii) the improvement and development of 21 the State's economy. The Board may lease to nonprofit 22 corporations all or any part of the land, buildings, 23 facilities, equipment or other property included in a 24 research and high technology park upon such terms and 25 conditions as the Board may deem advisable and enter into any 26 contract or agreement with such nonprofit corporations as may 27 be necessary or suitable for the construction, financing, 28 operation and maintenance and management of any such park; 29 and may lease to any person, firm, partnership or 30 corporation, either public or private, any part or all of the 31 land, building, facilities, equipment or other property of 32 such park for such purposes and upon such rentals, terms and 33 conditions as the Board may deem advisable; and may finance 34 all or part of the cost of any such park, including the SB1874 Engrossed -31- LRB9112814MWcsC 1 purchase, lease, construction, reconstruction, improvement, 2 remodeling, addition to, and extension and maintenance of all 3 or part of such high technology park, and all equipment and 4 furnishings, by legislative appropriations, government 5 grants, contracts, private gifts, loans, receipts from the 6 operation of such high technology park, rentals and similar 7 receipts; and may make its other facilities and services 8 available to tenants or other occupants of any such park at 9 rates which are reasonable and appropriate. 10 (Source: P.A. 89-4, eff. 1-1-96.) 11 Section 85. The Illinois State University Law is amended 12 by changing Section 20-45 as follows: 13 (110 ILCS 675/20-45) 14 Sec. 20-45. Powers and duties. The Board also shall 15 have power and it shall be its duty: 16 (1) To make rules, regulations and bylaws, not 17 inconsistent with law, for the government and management of 18 Illinois State University and its branches; 19 (2) To employ, and, for good cause, to remove a 20 President of Illinois State University, and all necessary 21 deans, professors, associate professors, assistant 22 professors, instructors, other educational and administrative 23 assistants, and all other necessary employees, and to 24 prescribe their duties and contract with them upon matters 25 relating to tenure, salaries and retirement benefits in 26 accordance with the State Universities Civil Service Act. 27 Whenever the Board establishes a search committee to fill the 28 position of President of Illinois State University, there 29 shall be minority representation, including women, on that 30 search committee. The Board shall, upon the written request 31 of an employee of Illinois State University, withhold from 32 the compensation of that employee any dues, payments or SB1874 Engrossed -32- LRB9112814MWcsC 1 contributions payable by such employee to any labor 2 organization as defined in the Illinois Educational Labor 3 Relations Act. Under such arrangement, an amount shall be 4 withheld from each regular payroll period which is equal to 5 the pro rata share of the annual dues plus any payments or 6 contributions, and the Board shall transmit such withholdings 7 to the specified labor organization within 10 working days 8 from the time of the withholding; 9 (3) To prescribe the courses of study to be followed, 10 and textbooks and apparatus to be used at Illinois State 11 University; 12 (4) To issue upon the recommendation of the faculty, 13 diplomas to such persons as have satisfactorily completed the 14 required studies of Illinois State University, and confer 15 such professional and literary degrees as are usually 16 conferred by other institutions of like character for similar 17 or equivalent courses of study, or such as the Board may deem 18 appropriate; 19 (5) To examine into the conditions, management, and 20 administration of Illinois State University, to provide the 21 requisite buildings, apparatus, equipment and auxiliary 22 enterprises, and to fix and collect matriculation fees; 23 tuition fees; fees for student activities; fees for student 24 facilities such as student union buildings or field houses or 25 stadia or other recreational facilities; student welfare 26 fees; laboratory fees; and similar fees for supplies and 27 materials. The expense of the building, improving, repairing 28 and supplying fuel and furniture and the necessary appliances 29 and apparatus for conducting Illinois State University, the 30 reimbursed expenses of members of the Board, and the salaries 31 or compensation of the President, assistants, agents and 32 other employees of Illinois State University, shall be a 33 charge upon the State Treasury. All other expenses shall be 34 chargeable against students, and the Board shall regulate the SB1874 Engrossed -33- LRB9112814MWcsC 1 charges accordingly; 2 (6) To succeed to and to administer all trusts, trust 3 property, and gifts now or hereafter belonging or pertaining 4 to Illinois State University; 5 (7) To accept endowments of professorships or 6 departments in Illinois State University from any person who 7 may proffer them and, at regular meetings, to prescribe rules 8 and regulations in relation to endowments and declare on what 9 general principles they may be accepted; 10 (8) To enter into contracts with the Federal government 11 for providing courses of instruction and other services at 12 Illinois State University for persons serving in or with the 13 military or naval forces of the United States, and to provide 14 such courses of instruction and other services; 15 (9) To contract with respect to the Cooperative Computer 16 Center to obtain services related to electronic data 17 processing; 18 (10) To provide for the receipt and expenditures of 19 Federal funds paid to Illinois State University by the 20 Federal government for instruction and other services for 21 persons serving in or with the military or naval forces of 22 the United States, and to provide for audits of such funds; 23 (11) To appoint, subject to the applicable civil service 24 law, persons to be members of the Illinois State University 25 Police Department. Members of the Police Department shall be 26 conservators of the peace and as such have all powers 27 possessed by policemen in cities, and sheriffs, including the 28 power to make arrests on view or warrants of violations of 29 State statutes, University rules and regulations and city or 30 county ordinances, except that they may exercise such powers 31 only within counties wherein Illinois State University and 32 any of its branches or properties are located when such is 33 required for the protection of University properties and 34 interests, and its students and personnel, and otherwise, SB1874 Engrossed -34- LRB9112814MWcsC 1 within such counties, when requested by appropriate State or 2 local law enforcement officials. However, such officers shall 3 have no power to serve and execute civil processes.;4 The Board must authorize to each member of the Illinois 5 State University Police Department and to any other employee 6 of Illinois State University exercising the powers of a peace 7 officer a distinct badge that, on its face, (i) clearly 8 states that the badge is authorized by Illinois State 9 University and (ii) contains a unique identifying number. No 10 other badge shall be authorized by Illinois State University; 11 (12) The Board may, directly or in cooperation with 12 other institutions of higher education, acquire by purchase 13 or lease or otherwise, and construct, enlarge, improve, 14 equip, complete, operate, control and manage research and 15 high technology parks, together with the necessary lands, 16 buildings, facilities, equipment, and personal property 17 therefor, to encourage and facilitate (i) the location and 18 development of business and industry in the State of 19 Illinois, and (ii) the increased application and development 20 of technology, and (iii) the improvement and development of 21 the State's economy. The Board may lease to nonprofit 22 corporations all or any part of the land, buildings, 23 facilities, equipment or other property included in a 24 research and high technology park upon such terms and 25 conditions as the Board may deem advisable and enter into any 26 contract or agreement with such nonprofit corporations as may 27 be necessary or suitable for the construction, financing, 28 operation and maintenance and management of any such park; 29 and may lease to any person, firm, partnership or 30 corporation, either public or private, any part or all of the 31 land, building, facilities, equipment or other property of 32 such park for such purposes and upon such rentals, terms and 33 conditions as the Board may deem advisable; and may finance 34 all or part of the cost of any such park, including the SB1874 Engrossed -35- LRB9112814MWcsC 1 purchase, lease, construction, reconstruction, improvement, 2 remodeling, addition to, and extension and maintenance of all 3 or part of such high technology park, and all equipment and 4 furnishings, by legislative appropriations, government 5 grants, contracts, private gifts, loans, receipts from the 6 operation of such high technology park, rentals and similar 7 receipts; and may make its other facilities and services 8 available to tenants or other occupants of any such park at 9 rates which are reasonable and appropriate; 10 (13) To assist in the provision of lands, buildings, and 11 facilities that are supportive of university purposes and 12 suitable and appropriate for the conduct and operation of the 13 university's education programs, the Board of Trustees of 14 Illinois State University may exercise the powers specified 15 in subparagraphs (a), (b), and (c) of this paragraph (13) 16 with regard to the following described property located near 17 the Normal, Illinois campus of Illinois State University: 18 Parcel 1: Approximately 300 acres that form a part of 19 the Illinois State University Farm in Section 20, 20 Township 24 North, Range 2 East of the Third Principal 21 Meridian in McLean County, Illinois. 22 Parcels 2 and 3: Lands located in the Northeast Quadrant 23 of the City of Normal in McLean County, Illinois, one 24 such parcel consisting of approximately 150 acres located 25 north and east of the old Illinois Soldiers and Sailors 26 Children's School campus, and another such parcel, 27 located in the Northeast Quadrant of the old Soldiers and 28 Sailors Children's School Campus, consisting of 29 approximately 1.03. 30 (a) The Board of Trustees may sell, lease, or 31 otherwise transfer and convey all or part of the above 32 described parcels of real estate, together with the 33 improvements situated thereon, to a bona fide purchaser 34 for value, without compliance with the State Property SB1874 Engrossed -36- LRB9112814MWcsC 1 Control Act and on such terms as the Board of Trustees 2 shall determine are in the best interests of Illinois 3 State University and consistent with its objects and 4 purposes. 5 (b) The Board of Trustees may retain the proceeds 6 from the sale, lease, or other transfer of all or any 7 part of the above described parcels of real estate in the 8 University treasury, in a special, separate development 9 fund account that the Auditor General shall examine to 10 assure the use or deposit of those proceeds in a manner 11 consistent with the provisions of subparagraph (c) of 12 this paragraph (13). 13 (c) Moneys from the development fund account may be 14 used by the Board of Trustees of Illinois State 15 University to acquire and develop other land to achieve 16 the same purposes for which the parcels of real estate 17 described in this item (13), all or a part of which have 18 been sold, leased, or otherwise transferred and conveyed, 19 were used and for the purpose of demolition and the 20 processes associated with demolition on the acquired 21 land. Moneys from the development fund account used for 22 any other purpose must be deposited into and appropriated 23 from the General Revenue Fund. Buildings or facilities 24 leased to an entity or person other than the University 25 shall not be subject to any limitations applicable to a 26 State-supported college or university under any law. All 27 development on the land and all the use of any buildings 28 or facilities shall be subject to the control and 29 approval of the Board of Trustees of Illinois State 30 University. 31 (Source: P.A. 91-396, eff. 7-30-99.) 32 Section 90. The Northeastern Illinois University Law is 33 amended by changing Section 25-45 as follows: SB1874 Engrossed -37- LRB9112814MWcsC 1 (110 ILCS 680/25-45) 2 Sec. 25-45. Powers and duties. The Board also shall 3 have power and it shall be its duty: 4 (1) To make rules, regulations and bylaws, not 5 inconsistent with law, for the government and management of 6 Northeastern Illinois University and its branches; 7 (2) To employ, and, for good cause, to remove a 8 President of Northeastern Illinois University, and all 9 necessary deans, professors, associate professors, assistant 10 professors, instructors, other educational and administrative 11 assistants, and all other necessary employees, and to 12 prescribe their duties and contract with them upon matters 13 relating to tenure, salaries and retirement benefits in 14 accordance with the State Universities Civil Service Act. 15 Whenever the Board establishes a search committee to fill the 16 position of President of Northeastern Illinois University, 17 there shall be minority representation, including women, on 18 that search committee. The Board shall, upon the written 19 request of an employee of Northeastern Illinois University, 20 withhold from the compensation of that employee any dues, 21 payments or contributions payable by such employee to any 22 labor organization as defined in the Illinois Educational 23 Labor Relations Act. Under such arrangement, an amount shall 24 be withheld from each regular payroll period which is equal 25 to the pro rata share of the annual dues plus any payments or 26 contributions, and the Board shall transmit such withholdings 27 to the specified labor organization within 10 working days 28 from the time of the withholding; 29 (3) To prescribe the courses of study to be followed, 30 and textbooks and apparatus to be used at Northeastern 31 Illinois University; 32 (4) To issue upon the recommendation of the faculty, 33 diplomas to such persons as have satisfactorily completed the 34 required studies of Northeastern Illinois University, and SB1874 Engrossed -38- LRB9112814MWcsC 1 confer such professional and literary degrees as are usually 2 conferred by other institutions of like character for similar 3 or equivalent courses of study, or such as the Board may deem 4 appropriate; 5 (5) To examine into the conditions, management, and 6 administration of Northeastern Illinois University, to 7 provide the requisite buildings, apparatus, equipment and 8 auxiliary enterprises, and to fix and collect matriculation 9 fees; tuition fees; fees for student activities; fees for 10 student facilities such as student union buildings or field 11 houses or stadia or other recreational facilities; student 12 welfare fees; laboratory fees; and similar fees for supplies 13 and materials. The expense of the building, improving, 14 repairing and supplying fuel and furniture and the necessary 15 appliances and apparatus for conducting Northeastern Illinois 16 University, the reimbursed expenses of members of the Board, 17 and the salaries or compensation of the President, 18 assistants, agents and other employees of Northeastern 19 Illinois University, shall be a charge upon the State 20 Treasury. All other expenses shall be chargeable against 21 students, and the Board shall regulate the charges 22 accordingly; 23 (6) To succeed to and to administer all trusts, trust 24 property, and gifts now or hereafter belonging or pertaining 25 to Northeastern Illinois University; 26 (7) To accept endowments of professorships or 27 departments in Northeastern Illinois University from any 28 person who may proffer them and, at regular meetings, to 29 prescribe rules and regulations in relation to endowments and 30 declare on what general principles they may be accepted; 31 (8) To enter into contracts with the Federal government 32 for providing courses of instruction and other services at 33 Northeastern Illinois University for persons serving in or 34 with the military or naval forces of the United States, and SB1874 Engrossed -39- LRB9112814MWcsC 1 to provide such courses of instruction and other services; 2 (9) To contract with respect to the Cooperative Computer 3 Center to obtain services related to electronic data 4 processing; 5 (10) To provide for the receipt and expenditures of 6 Federal funds paid to Northeastern Illinois University by the 7 Federal government for instruction and other services for 8 persons serving in or with the military or naval forces of 9 the United States, and to provide for audits of such funds; 10 (11) To appoint, subject to the applicable civil service 11 law, persons to be members of the Northeastern Illinois 12 University Police Department. Members of the Police 13 Department shall be conservators of the peace and as such 14 have all powers possessed by policemen in cities, and 15 sheriffs, including the power to make arrests on view or 16 warrants of violations of State statutes, University rules 17 and regulations and city or county ordinances, except that 18 they may exercise such powers only within counties wherein 19 Northeastern Illinois University and any of its branches or 20 properties are located when such is required for the 21 protection of University properties and interests, and its 22 students and personnel, and otherwise, within such counties, 23 when requested by appropriate State or local law enforcement 24 officials. However, such officers shall have no power to 25 serve and execute civil processes.;26 The Board must authorize to each member of the 27 Northeastern Illinois University Police Department and to any 28 other employee of Northeastern Illinois University exercising 29 the powers of a peace officer a distinct badge that, on its 30 face, (i) clearly states that the badge is authorized by 31 Northeastern Illinois University and (ii) contains a unique 32 identifying number. No other badge shall be authorized by 33 Northeastern Illinois University; 34 (12) The Board may, directly or in cooperation with SB1874 Engrossed -40- LRB9112814MWcsC 1 other institutions of higher education, acquire by purchase 2 or lease or otherwise, and construct, enlarge, improve, 3 equip, complete, operate, control and manage research and 4 high technology parks, together with the necessary lands, 5 buildings, facilities, equipment, and personal property 6 therefor, to encourage and facilitate (i) the location and 7 development of business and industry in the State of 8 Illinois, and (ii) the increased application and development 9 of technology, and (iii) the improvement and development of 10 the State's economy. The Board may lease to nonprofit 11 corporations all or any part of the land, buildings, 12 facilities, equipment or other property included in a 13 research and high technology park upon such terms and 14 conditions as the Board may deem advisable and enter into any 15 contract or agreement with such nonprofit corporations as may 16 be necessary or suitable for the construction, financing, 17 operation and maintenance and management of any such park; 18 and may lease to any person, firm, partnership or 19 corporation, either public or private, any part or all of the 20 land, building, facilities, equipment or other property of 21 such park for such purposes and upon such rentals, terms and 22 conditions as the Board may deem advisable; and may finance 23 all or part of the cost of any such park, including the 24 purchase, lease, construction, reconstruction, improvement, 25 remodeling, addition to, and extension and maintenance of all 26 or part of such high technology park, and all equipment and 27 furnishings, by legislative appropriations, government 28 grants, contracts, private gifts, loans, receipts from the 29 operation of such high technology park, rentals and similar 30 receipts; and may make its other facilities and services 31 available to tenants or other occupants of any such park at 32 rates which are reasonable and appropriate. 33 (Source: P.A. 89-4, eff. 1-1-96.) SB1874 Engrossed -41- LRB9112814MWcsC 1 Section 95. The Northern Illinois University Law is 2 amended by changing Section 30-45 as follows: 3 (110 ILCS 685/30-45) 4 Sec. 30-45. Powers and duties. The Board also shall 5 have power and it shall be its duty: 6 (1) To make rules, regulations and bylaws, not 7 inconsistent with law, for the government and management of 8 Northern Illinois University and its branches; 9 (2) To employ, and, for good cause, to remove a 10 President of Northern Illinois University, and all necessary 11 deans, professors, associate professors, assistant 12 professors, instructors, other educational and administrative 13 assistants, and all other necessary employees, and to 14 prescribe their duties and contract with them upon matters 15 relating to tenure, salaries and retirement benefits in 16 accordance with the State Universities Civil Service Act. 17 Whenever the Board establishes a search committee to fill the 18 position of President of Northern Illinois University, there 19 shall be minority representation, including women, on that 20 search committee. The Board shall, upon the written request 21 of an employee of Northern Illinois University, withhold from 22 the compensation of that employee any dues, payments or 23 contributions payable by such employee to any labor 24 organization as defined in the Illinois Educational Labor 25 Relations Act. Under such arrangement, an amount shall be 26 withheld from each regular payroll period which is equal to 27 the pro rata share of the annual dues plus any payments or 28 contributions, and the Board shall transmit such withholdings 29 to the specified labor organization within 10 working days 30 from the time of the withholding; 31 (3) To prescribe the courses of study to be followed, 32 and textbooks and apparatus to be used at Northern Illinois 33 University; SB1874 Engrossed -42- LRB9112814MWcsC 1 (4) To issue upon the recommendation of the faculty, 2 diplomas to such persons as have satisfactorily completed the 3 required studies of Northern Illinois University, and confer 4 such professional and literary degrees as are usually 5 conferred by other institutions of like character for similar 6 or equivalent courses of study, or such as the Board may deem 7 appropriate; 8 (5) To examine into the conditions, management, and 9 administration of Northern Illinois University, to provide 10 the requisite buildings, apparatus, equipment and auxiliary 11 enterprises, and to fix and collect matriculation fees; 12 tuition fees; fees for student activities; fees for student 13 facilities such as student union buildings or field houses or 14 stadia or other recreational facilities; student welfare 15 fees; laboratory fees; and similar fees for supplies and 16 materials. The expense of the building, improving, repairing 17 and supplying fuel and furniture and the necessary appliances 18 and apparatus for conducting Northern Illinois University, 19 the reimbursed expenses of members of the Board, and the 20 salaries or compensation of the President, assistants, agents 21 and other employees of Northern Illinois University, shall be 22 a charge upon the State Treasury. All other expenses shall 23 be chargeable against students, and the Board shall regulate 24 the charges accordingly; 25 (6) To succeed to and to administer all trusts, trust 26 property, and gifts now or hereafter belonging or pertaining 27 to Northern Illinois University; 28 (7) To accept endowments of professorships or 29 departments in Northern Illinois University from any person 30 who may proffer them and, at regular meetings, to prescribe 31 rules and regulations in relation to endowments and declare 32 on what general principles they may be accepted; 33 (8) To enter into contracts with the Federal government 34 for providing courses of instruction and other services at SB1874 Engrossed -43- LRB9112814MWcsC 1 Northern Illinois University for persons serving in or with 2 the military or naval forces of the United States, and to 3 provide such courses of instruction and other services; 4 (9) To contract with respect to the Cooperative Computer 5 Center to obtain services related to electronic data 6 processing; 7 (10) To provide for the receipt and expenditures of 8 Federal funds paid to Northern Illinois University by the 9 Federal government for instruction and other services for 10 persons serving in or with the military or naval forces of 11 the United States, and to provide for audits of such funds; 12 (11) To appoint, subject to the applicable civil service 13 law, persons to be members of the Northern Illinois 14 University Police Department. Members of the Police 15 Department shall be conservators of the peace and as such 16 have all powers possessed by policemen in cities, and 17 sheriffs, including the power to make arrests on view or 18 warrants of violations of State statutes, University rules 19 and regulations and city or county ordinances, except that 20 they may exercise such powers only within counties wherein 21 Northern Illinois University and any of its branches or 22 properties are located when such is required for the 23 protection of University properties and interests, and its 24 students and personnel, and otherwise, within such counties, 25 when requested by appropriate State or local law enforcement 26 officials. However, such officers shall have no power to 27 serve and execute civil processes.;28 The Board must authorize to each member of the Northern 29 Illinois University Police Department and to any other 30 employee of Northern Illinois University exercising the 31 powers of a peace officer a distinct badge that, on its face, 32 (i) clearly states that the badge is authorized by Northern 33 Illinois University and (ii) contains a unique identifying 34 number. No other badge shall be authorized by Northern SB1874 Engrossed -44- LRB9112814MWcsC 1 Illinois University; 2 (12) The Board may, directly or in cooperation with 3 other institutions of higher education, acquire by purchase 4 or lease or otherwise, and construct, enlarge, improve, 5 equip, complete, operate, control and manage research and 6 high technology parks, together with the necessary lands, 7 buildings, facilities, equipment, and personal property 8 therefor, to encourage and facilitate (i) the location and 9 development of business and industry in the State of 10 Illinois, and (ii) the increased application and development 11 of technology, and (iii) the improvement and development of 12 the State's economy. The Board may lease to nonprofit 13 corporations all or any part of the land, buildings, 14 facilities, equipment or other property included in a 15 research and high technology park upon such terms and 16 conditions as the Board may deem advisable and enter into any 17 contract or agreement with such nonprofit corporations as may 18 be necessary or suitable for the construction, financing, 19 operation and maintenance and management of any such park; 20 and may lease to any person, firm, partnership or 21 corporation, either public or private, any part or all of the 22 land, building, facilities, equipment or other property of 23 such park for such purposes and upon such rentals, terms and 24 conditions as the Board may deem advisable; and may finance 25 all or part of the cost of any such park, including the 26 purchase, lease, construction, reconstruction, improvement, 27 remodeling, addition to, and extension and maintenance of all 28 or part of such high technology park, and all equipment and 29 furnishings, by legislative appropriations, government 30 grants, contracts, private gifts, loans, receipts from the 31 operation of such high technology park, rentals and similar 32 receipts; and may make its other facilities and services 33 available to tenants or other occupants of any such park at 34 rates which are reasonable and appropriate. SB1874 Engrossed -45- LRB9112814MWcsC 1 (13) To assist in the provision of buildings and 2 facilities beneficial to, useful for, or supportive of 3 university purposes, the Board of Trustees of Northern 4 Illinois University may exercise the following powers with 5 regard to the area located on or adjacent to the Northern 6 Illinois University DeKalb campus and bounded as follows: 7 Parcel 1: 8 In Township 40 North, Range 4 East, of the Third Prime 9 Meridian, County of DeKalb, State of Illinois: The East 10 half of the Southeast Quarter of Section 17, the 11 Southwest Quarter of Section 16, and the Northwest 12 Quarter of Section 21, all in the County of DeKalb, 13 Illinois. 14 Parcel 2: 15 In Township 40 North, Range 4 East, of the Third Prime 16 Meridian, County of DeKalb, State of Illinois: On the 17 North, by a line beginning at the Northwest corner of the 18 Southeast Quarter of Section 15; thence East 1,903.3 19 feet; thence South to the North line of the Southeast 20 Quarter of the Southeast Quarter of Section 15; thence 21 East along said line to North First Street; on the West 22 by Garden Road between Lucinda Avenue and the North 23 boundary; thence on the South by Lucinda Avenue between 24 Garden Road and the intersection of Lucinda Avenue and 25 the South Branch of the Kishwaukee River, and by the 26 South Branch of the Kishwaukee River between such 27 intersection and easterly to the intersection of such 28 river and North First Street; thence on the East by North 29 First Street. 30 (a) Acquire any interests in land, buildings, or 31 facilities by purchase, including installments payable 32 over a period allowed by law, by lease over a term of 33 such duration as the Board of Trustees shall determine, 34 or by exercise of the power of eminent domain; SB1874 Engrossed -46- LRB9112814MWcsC 1 (b) Sublease or contract to purchase through 2 installments all or any portion of buildings or 3 facilities for such duration and on such terms as the 4 Board of Trustees shall determine, including a term that 5 exceeds 5 years, provided that each such lease or 6 purchase contract shall be and shall recite that it is 7 subject to termination and cancellation in any year for 8 which the General Assembly fails to make an appropriation 9 to pay the rent or purchase installments payable under 10 the terms of such lease or purchase contracts; and 11 (c) Sell property without compliance with the State 12 Property Control Act and retain proceeds in the 13 University treasury in a special, separate development 14 fund account which the Auditor General shall examine to 15 assure compliance with this Act. 16 Any buildings or facilities to be developed on the land 17 shall be buildings or facilities that, in the determination 18 of the Board of Trustees, in whole or in part: (i) are for 19 use by the University; or (ii) otherwise advance the 20 interests of the University, including, by way of example, 21 residential, recreational, educational, and athletic 22 facilities for University staff and students and commercial 23 facilities which provide services needed by the University 24 community. Revenues from the development fund account may be 25 withdrawn by the University for the purpose of demolition and 26 the processes associated with demolition; routine land and 27 property acquisition; extension of utilities; streetscape 28 work; landscape work; surface and structure parking; 29 sidewalks, recreational paths, and street construction; and 30 lease and lease purchase arrangements and the professional 31 services associated with the planning and development of the 32 area. Moneys from the development fund account used for any 33 other purpose must be deposited into and appropriated from 34 the General Revenue Fund. Buildings or facilities leased to SB1874 Engrossed -47- LRB9112814MWcsC 1 an entity or person other than the University shall not be 2 subject to any limitations applicable to a State-supported 3 college or university under any law. All development on the 4 land and all the use of any buildings or facilities shall be 5 subject to the control and approval of the Board of Trustees 6 of Northern Illinois University. 7 (Source: P.A. 89-4, eff. 1-1-96; 90-284, eff. 1-1-98.) 8 Section 100. The Western Illinois University Law is 9 amended by changing Section 35-45 as follows: 10 (110 ILCS 690/35-45) 11 Sec. 35-45. Powers and duties. The Board also shall 12 have power and it shall be its duty: 13 (1) To make rules, regulations and bylaws, not 14 inconsistent with law, for the government and management of 15 Western Illinois University and its branches; 16 (2) To employ, and, for good cause, to remove a 17 President of Western Illinois University, and all necessary 18 deans, professors, associate professors, assistant 19 professors, instructors, other educational and administrative 20 assistants, and all other necessary employees, and to 21 prescribe their duties and contract with them upon matters 22 relating to tenure, salaries and retirement benefits in 23 accordance with the State Universities Civil Service Act. 24 Whenever the Board establishes a search committee to fill the 25 position of President of Western Illinois University, there 26 shall be minority representation, including women, on that 27 search committee. The Board shall, upon the written request 28 of an employee of Western Illinois University, withhold from 29 the compensation of that employee any dues, payments or 30 contributions payable by such employee to any labor 31 organization as defined in the Illinois Educational Labor 32 Relations Act. Under such arrangement, an amount shall be SB1874 Engrossed -48- LRB9112814MWcsC 1 withheld from each regular payroll period which is equal to 2 the pro rata share of the annual dues plus any payments or 3 contributions, and the Board shall transmit such withholdings 4 to the specified labor organization within 10 working days 5 from the time of the withholding; 6 (3) To prescribe the courses of study to be followed, 7 and textbooks and apparatus to be used at Western Illinois 8 University; 9 (4) To issue upon the recommendation of the faculty, 10 diplomas to such persons as have satisfactorily completed the 11 required studies of Western Illinois University, and confer 12 such professional and literary degrees as are usually 13 conferred by other institutions of like character for similar 14 or equivalent courses of study, or such as the Board may deem 15 appropriate; 16 (5) To examine into the conditions, management, and 17 administration of Western Illinois University, to provide the 18 requisite buildings, apparatus, equipment and auxiliary 19 enterprises, and to fix and collect matriculation fees; 20 tuition fees; fees for student activities; fees for student 21 facilities such as student union buildings or field houses or 22 stadia or other recreational facilities; student welfare 23 fees; laboratory fees; and similar fees for supplies and 24 materials. The expense of the building, improving, repairing 25 and supplying fuel and furniture and the necessary appliances 26 and apparatus for conducting Western Illinois University, the 27 reimbursed expenses of members of the Board, and the salaries 28 or compensation of the President, assistants, agents and 29 other employees of Western Illinois University, shall be a 30 charge upon the State Treasury. All other expenses shall be 31 chargeable against students, and the Board shall regulate the 32 charges accordingly; 33 (6) To succeed to and to administer all trusts, trust 34 property, and gifts now or hereafter belonging or pertaining SB1874 Engrossed -49- LRB9112814MWcsC 1 to Western Illinois University; 2 (7) To accept endowments of professorships or 3 departments in Western Illinois University from any person 4 who may proffer them and, at regular meetings, to prescribe 5 rules and regulations in relation to endowments and declare 6 on what general principles they may be accepted; 7 (8) To enter into contracts with the Federal government 8 for providing courses of instruction and other services at 9 Western Illinois University for persons serving in or with 10 the military or naval forces of the United States, and to 11 provide such courses of instruction and other services; 12 (9) To contract with respect to the Cooperative Computer 13 Center to obtain services related to electronic data 14 processing; 15 (10) To provide for the receipt and expenditures of 16 Federal funds paid to Western Illinois University by the 17 Federal government for instruction and other services for 18 persons serving in or with the military or naval forces of 19 the United States, and to provide for audits of such funds; 20 (11) To appoint, subject to the applicable civil service 21 law, persons to be members of the Western Illinois University 22 Police Department. Members of the Police Department shall be 23 conservators of the peace and as such have all powers 24 possessed by policemen in cities, and sheriffs, including the 25 power to make arrests on view or warrants of violations of 26 State statutes, University rules and regulations and city or 27 county ordinances, except that they may exercise such powers 28 only within counties wherein Western Illinois University and 29 any of its branches or properties are located when such is 30 required for the protection of University properties and 31 interests, and its students and personnel, and otherwise, 32 within such counties, when requested by appropriate State or 33 local law enforcement officials. However, such officers shall 34 have no power to serve and execute civil processes.;SB1874 Engrossed -50- LRB9112814MWcsC 1 The Board must authorize to each member of the Western 2 Illinois University Police Department and to any other 3 employee of Western Illinois University exercising the powers 4 of a peace officer a distinct badge that, on its face, (i) 5 clearly states that the badge is authorized by Western 6 Illinois University and (ii) contains a unique identifying 7 number. No other badge shall be authorized by Western 8 Illinois University; 9 (12) The Board may, directly or in cooperation with 10 other institutions of higher education, acquire by purchase 11 or lease or otherwise, and construct, enlarge, improve, 12 equip, complete, operate, control and manage research and 13 high technology parks, together with the necessary lands, 14 buildings, facilities, equipment, and personal property 15 therefor, to encourage and facilitate (i) the location and 16 development of business and industry in the State of 17 Illinois, and (ii) the increased application and development 18 of technology, and (iii) the improvement and development of 19 the State's economy. The Board may lease to nonprofit 20 corporations all or any part of the land, buildings, 21 facilities, equipment or other property included in a 22 research and high technology park upon such terms and 23 conditions as the Board may deem advisable and enter into any 24 contract or agreement with such nonprofit corporations as may 25 be necessary or suitable for the construction, financing, 26 operation and maintenance and management of any such park; 27 and may lease to any person, firm, partnership or 28 corporation, either public or private, any part or all of the 29 land, building, facilities, equipment or other property of 30 such park for such purposes and upon such rentals, terms and 31 conditions as the Board may deem advisable; and may finance 32 all or part of the cost of any such park, including the 33 purchase, lease, construction, reconstruction, improvement, 34 remodeling, addition to, and extension and maintenance of all SB1874 Engrossed -51- LRB9112814MWcsC 1 or part of such high technology park, and all equipment and 2 furnishings, by legislative appropriations, government 3 grants, contracts, private gifts, loans, receipts from the 4 operation of such high technology park, rentals and similar 5 receipts; and may make its other facilities and services 6 available to tenants or other occupants of any such park at 7 rates which are reasonable and appropriate. 8 (Source: P.A. 89-4, eff. 1-1-96.) 9 Section 103. The Riverboat Gambling Act is amended by 10 changing Section 5 as follows: 11 (230 ILCS 10/5) (from Ch. 120, par. 2405) 12 Sec. 5. Gaming Board. 13 (a) (1) There is hereby established within the 14 Department of Revenue an Illinois Gaming Board which shall 15 have the powers and duties specified in this Act, and all 16 other powers necessary and proper to fully and effectively 17 execute this Act for the purpose of administering, 18 regulating, and enforcing the system of riverboat gambling 19 established by this Act. Its jurisdiction shall extend under 20 this Act to every person, association, corporation, 21 partnership and trust involved in riverboat gambling 22 operations in the State of Illinois. 23 (2) The Board shall consist of 5 members to be appointed 24 by the Governor with the advice and consent of the Senate, 25 one of whom shall be designated by the Governor to be 26 chairman. Each member shall have a reasonable knowledge of 27 the practice, procedure and principles of gambling 28 operations. Each member shall either be a resident of 29 Illinois or shall certify that he will become a resident of 30 Illinois before taking office. At least one member shall be 31 experienced in law enforcement and criminal investigation, at 32 least one member shall be a certified public accountant SB1874 Engrossed -52- LRB9112814MWcsC 1 experienced in accounting and auditing, and at least one 2 member shall be a lawyer licensed to practice law in 3 Illinois. 4 (3) The terms of office of the Board members shall be 3 5 years, except that the terms of office of the initial Board 6 members appointed pursuant to this Act will commence from the 7 effective date of this Act and run as follows: one for a 8 term ending July 1, 1991, 2 for a term ending July 1, 1992, 9 and 2 for a term ending July 1, 1993. Upon the expiration of 10 the foregoing terms, the successors of such members shall 11 serve a term for 3 years and until their successors are 12 appointed and qualified for like terms. Vacancies in the 13 Board shall be filled for the unexpired term in like manner 14 as original appointments. Each member of the Board shall be 15 eligible for reappointment at the discretion of the Governor 16 with the advice and consent of the Senate. 17 (4) Each member of the Board shall receive $300 for each 18 day the Board meets and for each day the member conducts any 19 hearing pursuant to this Act. Each member of the Board shall 20 also be reimbursed for all actual and necessary expenses and 21 disbursements incurred in the execution of official duties. 22 (5) No person shall be appointed a member of the Board 23 or continue to be a member of the Board who is, or whose 24 spouse, child or parent is, a member of the board of 25 directors of, or a person financially interested in, any 26 gambling operation subject to the jurisdiction of this Board, 27 or any race track, race meeting, racing association or the 28 operations thereof subject to the jurisdiction of the 29 Illinois Racing Board. No Board member shall hold any other 30 public office for which he shall receive compensation other 31 than necessary travel or other incidental expenses. No 32 person shall be a member of the Board who is not of good 33 moral character or who has been convicted of, or is under 34 indictment for, a felony under the laws of Illinois or any SB1874 Engrossed -53- LRB9112814MWcsC 1 other state, or the United States. 2 (6) Any member of the Board may be removed by the 3 Governor for neglect of duty, misfeasance, malfeasance, or 4 nonfeasance in office. 5 (7) Before entering upon the discharge of the duties of 6 his office, each member of the Board shall take an oath that 7 he will faithfully execute the duties of his office according 8 to the laws of the State and the rules and regulations 9 adopted therewith and shall give bond to the State of 10 Illinois, approved by the Governor, in the sum of $25,000. 11 Every such bond, when duly executed and approved, shall be 12 recorded in the office of the Secretary of State. Whenever 13 the Governor determines that the bond of any member of the 14 Board has become or is likely to become invalid or 15 insufficient, he shall require such member forthwith to renew 16 his bond, which is to be approved by the Governor. Any 17 member of the Board who fails to take oath and give bond 18 within 30 days from the date of his appointment, or who fails 19 to renew his bond within 30 days after it is demanded by the 20 Governor, shall be guilty of neglect of duty and may be 21 removed by the Governor. The cost of any bond given by any 22 member of the Board under this Section shall be taken to be a 23 part of the necessary expenses of the Board. 24 (8) Upon the request of the Board, the Department shall 25 employ such personnel as may be necessary to carry out the 26 functions of the Board. No person shall be employed to serve 27 the Board who is, or whose spouse, parent or child is, an 28 official of, or has a financial interest in or financial 29 relation with, any operator engaged in gambling operations 30 within this State or any organization engaged in conducting 31 horse racing within this State. Any employee violating these 32 prohibitions shall be subject to termination of employment. 33 (9) An Administrator shall perform any and all duties 34 that the Board shall assign him. The salary of the SB1874 Engrossed -54- LRB9112814MWcsC 1 Administrator shall be determined by the Board and approved 2 by the Director of the Department and, in addition, he shall 3 be reimbursed for all actual and necessary expenses incurred 4 by him in discharge of his official duties. The 5 Administrator shall keep records of all proceedings of the 6 Board and shall preserve all records, books, documents and 7 other papers belonging to the Board or entrusted to its care. 8 The Administrator shall devote his full time to the duties of 9 the office and shall not hold any other office or employment. 10 (b) The Board shall have general responsibility for the 11 implementation of this Act. Its duties include, without 12 limitation, the following: 13 (1) To decide promptly and in reasonable order all 14 license applications. Any party aggrieved by an action of 15 the Board denying, suspending, revoking, restricting or 16 refusing to renew a license may request a hearing before 17 the Board. A request for a hearing must be made to the 18 Board in writing within 5 days after service of notice of 19 the action of the Board. Notice of the action of the 20 Board shall be served either by personal delivery or by 21 certified mail, postage prepaid, to the aggrieved party. 22 Notice served by certified mail shall be deemed complete 23 on the business day following the date of such mailing. 24 The Board shall conduct all requested hearings promptly 25 and in reasonable order; 26 (2) To conduct all hearings pertaining to civil 27 violations of this Act or rules and regulations 28 promulgated hereunder; 29 (3) To promulgate such rules and regulations as in 30 its judgment may be necessary to protect or enhance the 31 credibility and integrity of gambling operations 32 authorized by this Act and the regulatory process 33 hereunder; 34 (4) To provide for the establishment and collection SB1874 Engrossed -55- LRB9112814MWcsC 1 of all license and registration fees and taxes imposed by 2 this Act and the rules and regulations issued pursuant 3 hereto. All such fees and taxes shall be deposited into 4 the State Gaming Fund; 5 (5) To provide for the levy and collection of 6 penalties and fines for the violation of provisions of 7 this Act and the rules and regulations promulgated 8 hereunder. All such fines and penalties shall be 9 deposited into the Education Assistance Fund, created by 10 Public Act 86-0018, of the State of Illinois; 11 (6) To be present through its inspectors and agents 12 any time gambling operations are conducted on any 13 riverboat for the purpose of certifying the revenue 14 thereof, receiving complaints from the public, and 15 conducting such other investigations into the conduct of 16 the gambling games and the maintenance of the equipment 17 as from time to time the Board may deem necessary and 18 proper; 19 (7) To review and rule upon any complaint by a 20 licensee regarding any investigative procedures of the 21 State which are unnecessarily disruptive of gambling 22 operations. The need to inspect and investigate shall be 23 presumed at all times. The disruption of a licensee's 24 operations shall be proved by clear and convincing 25 evidence, and establish that: (A) the procedures had no 26 reasonable law enforcement purposes, and (B) the 27 procedures were so disruptive as to unreasonably inhibit 28 gambling operations; 29 (8) To hold at least one meeting each quarter of 30 the fiscal year. In addition, special meetings may be 31 called by the Chairman or any 2 Board members upon 72 32 hours written notice to each member. All Board meetings 33 shall be subject to the Open Meetings Act. Three members 34 of the Board shall constitute a quorum, and 3 votes shall SB1874 Engrossed -56- LRB9112814MWcsC 1 be required for any final determination by the Board. 2 The Board shall keep a complete and accurate record of 3 all its meetings. A majority of the members of the Board 4 shall constitute a quorum for the transaction of any 5 business, for the performance of any duty, or for the 6 exercise of any power which this Act requires the Board 7 members to transact, perform or exercise en banc, except 8 that, upon order of the Board, one of the Board members 9 or an administrative law judge designated by the Board 10 may conduct any hearing provided for under this Act or by 11 Board rule and may recommend findings and decisions to 12 the Board. The Board member or administrative law judge 13 conducting such hearing shall have all powers and rights 14 granted to the Board in this Act. The record made at the 15 time of the hearing shall be reviewed by the Board, or a 16 majority thereof, and the findings and decision of the 17 majority of the Board shall constitute the order of the 18 Board in such case; 19 (9) To maintain records which are separate and 20 distinct from the records of any other State board or 21 commission. Such records shall be available for public 22 inspection and shall accurately reflect all Board 23 proceedings; 24 (10) To file a written annual report with the 25 Governor on or before March 1 each year and such 26 additional reports as the Governor may request. The 27 annual report shall include a statement of receipts and 28 disbursements by the Board, actions taken by the Board, 29 and any additional information and recommendations which 30 the Board may deem valuable or which the Governor may 31 request; 32 (11) (Blank); and 33 (12) To assume responsibility for the 34 administration and enforcement of the Bingo License and SB1874 Engrossed -57- LRB9112814MWcsC 1 Tax Act, the Charitable Games Act, and the Pull Tabs and 2 Jar Games Act if such responsibility is delegated to it 3 by the Director of Revenue. 4 (c) The Board shall have jurisdiction over and shall 5 supervise all gambling operations governed by this Act. The 6 Board shall have all powers necessary and proper to fully and 7 effectively execute the provisions of this Act, including, 8 but not limited to, the following: 9 (1) To investigate applicants and determine the 10 eligibility of applicants for licenses and to select 11 among competing applicants the applicants which best 12 serve the interests of the citizens of Illinois. 13 (2) To have jurisdiction and supervision over all 14 riverboat gambling operations in this State and all 15 persons on riverboats where gambling operations are 16 conducted. 17 (3) To promulgate rules and regulations for the 18 purpose of administering the provisions of this Act and 19 to prescribe rules, regulations and conditions under 20 which all riverboat gambling in the State shall be 21 conducted. Such rules and regulations are to provide for 22 the prevention of practices detrimental to the public 23 interest and for the best interests of riverboat 24 gambling, including rules and regulations regarding the 25 inspection of such riverboats and the review of any 26 permits or licenses necessary to operate a riverboat 27 under any laws or regulations applicable to riverboats, 28 and to impose penalties for violations thereof. 29 (4) To enter the office, riverboats, facilities, or 30 other places of business of a licensee, where evidence of 31 the compliance or noncompliance with the provisions of 32 this Act is likely to be found. 33 (5) To investigate alleged violations of this Act 34 or the rules of the Board and to take appropriate SB1874 Engrossed -58- LRB9112814MWcsC 1 disciplinary action against a licensee or a holder of an 2 occupational license for a violation, or institute 3 appropriate legal action for enforcement, or both. 4 (6) To adopt standards for the licensing of all 5 persons under this Act, as well as for electronic or 6 mechanical gambling games, and to establish fees for such 7 licenses. 8 (7) To adopt appropriate standards for all 9 riverboats and facilities. 10 (8) To require that the records, including 11 financial or other statements of any licensee under this 12 Act, shall be kept in such manner as prescribed by the 13 Board and that any such licensee involved in the 14 ownership or management of gambling operations submit to 15 the Board an annual balance sheet and profit and loss 16 statement, list of the stockholders or other persons 17 having a 1% or greater beneficial interest in the 18 gambling activities of each licensee, and any other 19 information the Board deems necessary in order to 20 effectively administer this Act and all rules, 21 regulations, orders and final decisions promulgated under 22 this Act. 23 (9) To conduct hearings, issue subpoenas for the 24 attendance of witnesses and subpoenas duces tecum for the 25 production of books, records and other pertinent 26 documents in accordance with the Illinois Administrative 27 Procedure Act, and to administer oaths and affirmations 28 to the witnesses, when, in the judgment of the Board, it 29 is necessary to administer or enforce this Act or the 30 Board rules. 31 (10) To prescribe a form to be used by any licensee 32 involved in the ownership or management of gambling 33 operations as an application for employment for their 34 employees. SB1874 Engrossed -59- LRB9112814MWcsC 1 (11) To revoke or suspend licenses, as the Board 2 may see fit and in compliance with applicable laws of the 3 State regarding administrative procedures, and to review 4 applications for the renewal of licenses. The Board may 5 suspend an owners license, without notice or hearing upon 6 a determination that the safety or health of patrons or 7 employees is jeopardized by continuing a riverboat's 8 operation. The suspension may remain in effect until the 9 Board determines that the cause for suspension has been 10 abated. The Board may revoke the owners license upon a 11 determination that the owner has not made satisfactory 12 progress toward abating the hazard. 13 (12) To eject or exclude or authorize the ejection 14 or exclusion of, any person from riverboat gambling 15 facilities where such person is in violation of this Act, 16 rules and regulations thereunder, or final orders of the 17 Board, or where such person's conduct or reputation is 18 such that his presence within the riverboat gambling 19 facilities may, in the opinion of the Board, call into 20 question the honesty and integrity of the gambling 21 operations or interfere with orderly conduct thereof; 22 provided that the propriety of such ejection or exclusion 23 is subject to subsequent hearing by the Board. 24 (13) To require all licensees of gambling 25 operations to utilize a cashless wagering system whereby 26 all players' money is converted to tokens, electronic 27 cards, or chips which shall be used only for wagering in 28 the gambling establishment. 29 (14) (Blank). 30 (15) To suspend, revoke or restrict licenses, to 31 require the removal of a licensee or an employee of a 32 licensee for a violation of this Act or a Board rule or 33 for engaging in a fraudulent practice, and to impose 34 civil penalties of up to $5,000 against individuals and SB1874 Engrossed -60- LRB9112814MWcsC 1 up to $10,000 or an amount equal to the daily gross 2 receipts, whichever is larger, against licensees for each 3 violation of any provision of the Act, any rules adopted 4 by the Board, any order of the Board or any other action 5 which, in the Board's discretion, is a detriment or 6 impediment to riverboat gambling operations. 7 (16) To hire employees to gather information, 8 conduct investigations and carry out any other tasks 9 contemplated under this Act. 10 (17) To establish minimum levels of insurance to be 11 maintained by licensees. 12 (18) To authorize a licensee to sell or serve 13 alcoholic liquors, wine or beer as defined in the Liquor 14 Control Act of 1934 on board a riverboat and to have 15 exclusive authority to establish the hours for sale and 16 consumption of alcoholic liquor on board a riverboat, 17 notwithstanding any provision of the Liquor Control Act 18 of 1934 or any local ordinance, and regardless of whether 19 the riverboat makes excursions. The establishment of the 20 hours for sale and consumption of alcoholic liquor on 21 board a riverboat is an exclusive power and function of 22 the State. A home rule unit may not establish the hours 23 for sale and consumption of alcoholic liquor on board a 24 riverboat. This amendatory Act of 1991 is a denial and 25 limitation of home rule powers and functions under 26 subsection (h) of Section 6 of Article VII of the 27 Illinois Constitution. 28 (19) After consultation with the U.S. Army Corps of 29 Engineers, to establish binding emergency orders upon the 30 concurrence of a majority of the members of the Board 31 regarding the navigability of water, relative to 32 excursions, in the event of extreme weather conditions, 33 acts of God or other extreme circumstances. 34 (20) To delegate the execution of any of its powers SB1874 Engrossed -61- LRB9112814MWcsC 1 under this Act for the purpose of administering and 2 enforcing this Act and its rules and regulations 3 hereunder. 4 (21) To take any other action as may be reasonable 5 or appropriate to enforce this Act and rules and 6 regulations hereunder. 7 (d) The Board may seek and shall receive the cooperation 8 of the Department of State Police in conducting background 9 investigations of applicants and in fulfilling its 10 responsibilities under this Section. Costs incurred by the 11 Department of State Police as a result of such cooperation 12 shall be paid by the Board in conformance with the 13 requirements of Section 2605-400 of the Department of State 14 Police Law (20 ILCS 2605/2605-400). 15 (e) The Board must authorize to each investigator and to 16 any other employee of the Board exercising the powers of a 17 peace officer a distinct badge that, on its face, (i) clearly 18 states that the badge is authorized by the Board and (ii) 19 contains a unique identifying number. No other badge shall 20 be authorized by the Board. 21 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 22 revised 8-9-99.) 23 Section 105. The Illinois Vehicle Code is amended by 24 changing Sections 2-115, 13-107, and 18c-1205 as follows: 25 (625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115) 26 Sec. 2-115. Investigators. 27 (a) The Secretary of State, for the purpose of more 28 effectively carrying out the provisions of the laws in 29 relation to motor vehicles, shall have power to appoint such 30 number of investigators as he may deem necessary. It shall 31 be the duty of such investigators to investigate and enforce 32 violations of the provisions of this Act administered by the SB1874 Engrossed -62- LRB9112814MWcsC 1 Secretary of State and provisions of Chapters 11, 12, 13, 14 2 and 15 and to investigate and report any violation by any 3 person who operates as a motor carrier of property as defined 4 in Section 18-100 of this Act and does not hold a valid 5 certificate or permit. Such investigators shall have and may 6 exercise throughout the State all of the powers of peace 7 officers. 8 No person may be retained in service as an investigator 9 under this Section after he has reached 60 years of age. 10 The Secretary of State must authorize to each 11 investigator employed under this Section and to any other 12 employee of the Office of the Secretary of State exercising 13 the powers of a peace officer a distinct badge that, on its 14 face, (i) clearly states that the badge is authorized by the 15 Office of the Secretary of State and (ii) contains a unique 16 identifying number. No other badge shall be authorized by the 17 Office of the Secretary of State. 18 (b) The Secretary may expend such sums as he deems 19 necessary from Contractual Services appropriations for the 20 Department of Police for the purchase of evidence, for the 21 employment of persons to obtain evidence, and for the payment 22 for any goods or services related to obtaining evidence. 23 Such sums shall be advanced to investigators authorized by 24 the Secretary to expend funds, on vouchers signed by the 25 Secretary. In addition, the Secretary of State is authorized 26 to maintain one or more commercial checking accounts with any 27 State banking corporation or corporations organized under or 28 subject to the Illinois Banking Act for the deposit and 29 withdrawal of moneys to be used solely for the purchase of 30 evidence and for the employment of persons to obtain 31 evidence, or for the payment for any goods or services 32 related to obtaining evidence; provided that no check may be 33 written on nor any withdrawal made from any such account 34 except on the written signatures of 2 persons designated by SB1874 Engrossed -63- LRB9112814MWcsC 1 the Secretary to write such checks and make such withdrawals, 2 and provided further that the balance of moneys on deposit in 3 any such account shall not exceed $5,000 at any time, nor 4 shall any one check written on or single withdrawal made from 5 any such account exceed $5,000. 6 All fines or moneys collected or received by the 7 Department of Police under any State or federal forfeiture 8 statute; including, but not limited to moneys forfeited under 9 Section 12 of the Cannabis Control Act and moneys distributed 10 under Section 413 of the Illinois Controlled Substances Act, 11 shall be deposited into the Secretary of State Evidence Fund. 12 In all convictions for offenses in violation of this Act, 13 the Court may order restitution to the Secretary of any or 14 all sums expended for the purchase of evidence, for the 15 employment of persons to obtain evidence, and for the payment 16 for any goods or services related to obtaining evidence. All 17 such restitution received by the Secretary shall be deposited 18 into the Secretary of State Evidence Fund. Moneys deposited 19 into the fund shall, subject to appropriation, be used by the 20 Secretary of State for the purposes provided for under the 21 provisions of this Section. 22 (Source: P.A. 87-993; 88-517.) 23 (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107) 24 Sec. 13-107. Investigation of complaints against official 25 testing stations. The Department shall, upon its own motion, 26 or upon charges made in writing verified under oath, 27 investigate complaints that an official testing station is 28 willfully falsifying records or tests, either for the purpose 29 of selling parts or services not actually required, or for 30 the purpose of issuing a certificate of safety for a second 31 division vehicle or medical transport vehicle that is not in 32 safe mechanical condition as determined by the standards of 33 this Chapter in violation of the provisions of this Chapter SB1874 Engrossed -64- LRB9112814MWcsC 1 or of the rules and regulations issued by the Department. 2 The Secretary of Transportation, for the purpose of more 3 effectively carrying out the provisions of Chapter 13, may 4 appoint such a number of inspectors as he may deem necessary. 5 Such inspectors shall inspect and investigate applicants for 6 official testing station permits and investigate and report 7 violations. With respect to enforcement of the provisions of 8 this Chapter 13, such inspectors shall have and may exercise 9 throughout the State all the powers of police officers. 10 The Secretary must authorize to each inspector and to any 11 other employee of the Department exercising the powers of a 12 peace officer a distinct badge that, on its face, (i) clearly 13 states that the badge is authorized by the Department and 14 (ii) contains a unique identifying number. No other badge 15 shall be authorized by the Department. 16 (Source: P.A. 82-433.) 17 (625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205) 18 Sec. 18c-1205. Qualifications of Transportation 19 Compliance Program Staff. 20 (1) General provisions. The manager of the 21 Transportation Division shall establish and adhere to written 22 professional standards and procedures for the employment, 23 education and training, performance and dismissal of all 24 nonclerical compliance program personnel. Such standards and 25 procedures shall include: 26 (a) Merit standards and procedures, and education 27 requirements, applicable to State troopers, and training 28 requirements at least equivalent to that received from a 29 police training school approved by the Illinois Law 30 Enforcement Training Standards Board, together with such 31 additional qualifications as are needed under this 32 Chapter, for all nonclerical field operations personnel; 33 (b) Successful completion of an accredited SB1874 Engrossed -65- LRB9112814MWcsC 1 accounting or transportation-related education program, 2 or at least 4 years experience in motor carrier rate 3 analysis or auditing, plus such additional qualifications 4 as are needed under this Chapter, for all nonclerical 5 rate auditing personnel; and 6 (c) Successful completion of an accredited legal or 7 paralegal education program, or equivalent administrative 8 law experience, plus such additional qualifications as 9 are needed under this Chapter, for all nonclerical civil 10 penalties program personnel. 11 (2) Merit Selection Committee. Standards and procedures 12 under this Section for police shall include the establishment 13 of one or more merit selection committees, each composed of 14 one Commission employee and no fewer than 3, nor more than 5, 15 persons who are not employed by the Commission, each of whom 16 shall from time to time be designated by the division 17 manager, subject to the approval of the Commission. The 18 division manager shall submit a list of candidates to the 19 committee or subcommittee thereof for its consideration. The 20 committee or subcommittee thereof shall interview each 21 candidate on the list and rate those interviewed as "most 22 qualified", "qualified", or "not qualified". The committee 23 shall recommend candidates rated "most qualified" and 24 "qualified" to the division manager. In filling positions to 25 which this Section applies, the division manager shall first 26 offer the position to persons rated "most qualified". If all 27 persons rated "most qualified" have been offered the position 28 and each failed to accept the offer within the time specified 29 by the division manager in the offer, the position may be 30 offered to a person rated "qualified". Only persons rated 31 "most qualified" or "qualified" shall be offered positions 32 within the Compliance Program. 33 (3) The Commission shall authorize to each employee of 34 the Commission exercising the powers of a peace officer a SB1874 Engrossed -66- LRB9112814MWcsC 1 distinct badge that, on its face, (i) clearly states the 2 badge is authorized by the Commission and (ii) contains a 3 unique identifying number. No other badge shall be 4 authorized by the Commission. 5 (Source: P.A. 91-357, eff. 7-29-99.) 6 Section 110. The State's Attorneys Appellate 7 Prosecutor's Act is amended by changing Section 7.06 as 8 follows: 9 (725 ILCS 210/7.06) (from Ch. 14, par. 207.06) 10 Sec. 7.06. (a) The Director may hire no more than 12 11 investigators to provide investigative services in criminal 12 cases and tax objection cases for staff counsel and county 13 state's attorneys. Investigators may be authorized by the 14 board to carry tear gas gun projectors or bombs, pistols, 15 revolvers, stun guns, tasers or other firearms. 16 Subject to the qualifications set forth below, 17 investigators shall be peace officers and shall have all the 18 powers possessed by policemen in cities and by sheriffs; 19 provided, that investigators shall exercise such powers 20 anywhere in the State only after contact and in cooperation 21 with the appropriate local law enforcement agencies. 22 No investigator shall have peace officer status or 23 exercise police powers unless he or she successfully 24 completes the basic police training course mandated and 25 approved by the Illinois Law Enforcement Training Standards 26 Board or such board waives the training requirement by reason 27 of the investigator's prior law enforcement experience or 28 training or both. 29 The board shall not waive the training requirement unless 30 the investigator has had a minimum of 5 years experience as a 31 sworn officer of a local, state or federal law enforcement 32 agency, 2 of which shall have been in an investigatory SB1874 Engrossed -67- LRB9112814MWcsC 1 capacity. 2 (b) The Director must authorize to each investigator 3 employed under this Section and to any other employee of the 4 Office exercising the powers of a peace officer a distinct 5 badge that, on its face, (i) clearly states that the badge is 6 authorized by the Office and (ii) contains a unique 7 identifying number. No other badge shall be authorized by the 8 Office. 9 (Source: P.A. 87-677; 88-586, eff. 8-12-94.) 10 Section 115. The Unified Code of Corrections is amended 11 by adding Section 3-2-10 as follows: 12 (730 ILCS 5/3-2-10 new) 13 Sec. 3-2-10. Badges. The Director must authorize to each 14 correctional officer and parole officer and to any other 15 employee of the Department exercising the powers of a peace 16 officer a distinct badge that, on its face, (i) clearly 17 states that the badge is authorized by the Department and 18 (ii) contains a unique identifying number. No other badge 19 shall be authorized by the Department. SB1874 Engrossed -68- LRB9112814MWcsC 1 INDEX 2 Statutes amended in order of appearance 3 15 ILCS 205/4c from Ch. 14, par. 4c 4 20 ILCS 205/205-435 new 5 20 ILCS 405/405-330 new 6 20 ILCS 510/510-200 was 20 ILCS 510/65.2 7 20 ILCS 801/1-30 new 8 20 ILCS 1305/1-30 new 9 20 ILCS 1505/1505-205 new 10 20 ILCS 2105/2105-330 new 11 20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1 12 20 ILCS 2605/2605-55 new 13 20 ILCS 2910/1 from Ch. 127 1/2, par. 501 14 110 ILCS 305/7 from Ch. 144, par. 28 15 110 ILCS 520/8 from Ch. 144, par. 658 16 110 ILCS 660/5-45 17 110 ILCS 665/10-45 18 110 ILCS 670/15-45 19 110 ILCS 675/20-45 20 110 ILCS 680/25-45 21 110 ILCS 685/30-45 22 110 ILCS 690/35-45 23 230 ILCS 10/5 from Ch. 120, par. 2405 24 625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115 25 625 ILCS 5/13-107 from Ch. 95 1/2, par. 13-107 26 625 ILCS 5/18c-1205 from Ch. 95 1/2, par. 18c-1205 27 725 ILCS 210/7.06 from Ch. 14, par. 207.06 28 730 ILCS 5/3-2-10 new