SB2459 95TH GENERAL ASSEMBLY

LRB095 19703 RCE 46063 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2459

Introduced 2/15/2008, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

20 ILCS 805/805-536 new

Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that Conservation Police Officers have the powers of policemen throughout the State. Creates law enforcement divisions within the Department. Classifies positions. Creates a Conservation Police Merit Board to exercise jurisdiction over certification for appointment and promotion. Sets qualifications for officers. Contains other provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by adding Section 805-536 as follows:

(20 ILCS 805/805-536 new)

Sec. 805-536. Conservation Police; Merit Board.

(a) Arrest powers. In addition to the arrest powers prescribed by law, Conservation Police Officers are conservators of the peace and as such have all powers possessed by policemen, except that they may exercise those powers anywhere in this State. Conservation Police Officers acting under the authority of this Section are considered employees of the Department and are subject to its direction, benefits, and legal protection.

(b) Organization.

(1) The Department of Natural Resources, Office of Law Enforcement shall maintain divisions as follows: the Division of Operations; the Division of Investigations; and the Division of Administration.

(2) The Department, by the Director, shall appoint Conservation Police Officers as provided in this Section.

(3) Each Conservation Police Officer appointed by the Director shall be classified within the following ranks: Conservation Police Trainee, Conservation Police Officer I, Conservation Police Officer II, Sergeant, Lieutenant, Captain, or Deputy Chief. The Director shall also designate the authority and responsibility for each rank of Conservation Police Officer in the Department.

(c) Conservation Police Merit Board.

(1) The Governor shall appoint, by and with the advice and consent of the Senate, a Conservation Police Merit Board, hereinafter called the Board. The Board shall consist of 5 members, no more than 3 of whom may be affiliated with the same political party, and of which one of them must represent the Conservation Police Lodge and one of them must represent the Policemen's Benevolent Labor Committee.

(2) The members appointed to represent the Conservation Police Lodge and the Policemen's Benevolent Labor Committee shall serve for a term of 6 years until their successors are qualified and appointed for a like term. Of the remaining members, one member shall serve until the 3rd Monday in March 2010; one shall serve until the 3rd Monday in March 2011; and one until the 3rd Monday in March 2012, until their successors are appointed and qualified. Upon expiration of these first terms, their successors shall serve for a term of 6 years.

(3) In case of a vacancy in the office of any member of the Board during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall nominate some person to fill such office; and any person so nominated, who is confirmed by the Senate, shall hold his or her office during the remainder of the term and until a successor shall be appointed and qualified.

(4) Each member of the Board shall receive the sum of $125 per day for each day during which he or she is engaged in transacting the business of the Board, or an amount set by the Compensation Review Board, whichever is greater, and, in addition thereto, his or her actual traveling and other expenses necessarily incurred in discharging the duties of office; provided no member of the Board shall receive compensation for more than 100 days of work in any one fiscal year.

(5) As soon as practical after the members of the Board have been appointed, they shall meet and shall organize by electing a chairman and a secretary. The initial chairman and secretary, and their successors, shall be elected by the Board from among its members for a term of 2 years or for the remainder of their term of office as a member of the Board, whichever is the shorter. Three members of the Board shall constitute a quorum for the transaction of business. The Board shall hold regular quarterly meetings and such other meetings as may be called by the chairman.

(6) It is the policy of this Act that the Board shall exercise its powers and duties in an independent manner, subject to the provisions of this Act, and be free from the direction, control, or influence of any other agency or department of State government. All expenses and liabilities incurred by the Board in the performance of its responsibilities under this Act shall be paid from funds that are appropriated to the Board by the General Assembly for the ordinary and contingent expenses of the Board.

(7) The Board shall exercise jurisdiction over the certification for appointment and promotion of Conservation Police Officers. Pursuant to recognized merit principles of public employment, the Board shall formulate, adopt, and put into effect rules, regulations, and procedures for its operation and the transaction of its business. The Board shall establish a classification of ranks of persons subject to its jurisdiction and shall set standards and qualifications for each rank.

(d) Appointments, promotions, and qualifications.

(1) The appointment of Conservation Police Officers shall be made from those applicants who have been certified by the Board as being qualified for appointment.

(2) Any person hired by the Department of Natural Resources after January 1, 2009 for a sworn law enforcement position or position that has arrest authority must meet the following minimum professional standards:

(A) All persons so appointed shall, at the time of appointment, be not less than 21 years of age.

(B) All persons so certified for appointment shall be of sound mind and body, be of good moral character, be citizens of the United States, have no criminal records, possess such prerequisites of training, education, and experience as the Board may from time to time prescribe, and be required to pass successfully such mental and physical tests and examinations as may be prescribed by the Board.

(C) At the time of hire, the person must hold (i) a 2-year college degree and 3 consecutive years of experience as a police officer with the same law enforcement agency or (ii) a 4-year college degree.

(D) The person must possess the skill level and demonstrate the ability to swim at a competency level not less than that established by the American Red Cross for skills equivalent to an intermediate level swimmer. The person's swimming competency level shall be determined by the Board or other impartial entity certified by the Board.

(E) Within one year of hire, the person must successfully obtain certification as a police officer under the standards in effect at that time unless that person already holds that certification. Proof shall be in the form of certification of successful completion of an approved course from the Illinois Local Government Training and Standards Board. No waivers shall be accepted.

(F) The person must also successfully complete the Conservation Police Academy training program, consisting of not less than 400 hours of training, within one year of hire.

The Board must adopt an administrative rule listing those disciplines that qualify as directly related areas of study and must also adopt, by listing, the American Red Cross standards and testing points for a skill level equivalent to an intermediate level swimmer.

(1) Preference shall be given in such appointments to persons who have honorably served in the military or naval services of the United States.

(2) All appointees shall serve a probationary period of 12 months from the date of appointment and during that period may be discharged at the will of the Director.

(3) Promotions of Conservation Police Officers shall be made by the Director from candidates who have been certified as being qualified for promotion. The Board shall make certifications for promotion on the basis of job performance measurement, seniority, education, or written or oral examinations. All vacancies in all ranks above the lowest shall be filled by promotion.

(4) All appointments and promotions shall be made in accordance with this Act and the rules and regulations of the Board, without considering the political affiliation of any applicant.

(e) Separation from service. No person hired after January 1, 2009 shall be retained in service as a Conservation Police Officer after he or she has reached 60 years of age.