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Public Act 91-0883
SB1874 Enrolled LRB9112814MWcsC
AN ACT concerning the exercise of police powers by State
employees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Attorney General Act is amended by
changing Section 4c as follows:
(15 ILCS 205/4c) (from Ch. 14, par. 4c)
Sec. 4c. (a) Subject to the qualifications set forth
below, investigators employed by the Attorney General shall
be peace officers and shall have all the powers possessed by
policemen in cities and by sheriffs; provided, that Attorney
General's investigators may exercise such powers anywhere in
the State in cooperation with and after contact with the
local law enforcement officials.
No investigator employed by the Attorney General shall
have peace officer status or exercise police powers unless he
or she successfully completes the basic police training
course mandated and approved by the Illinois Law Enforcement
Training Standards Board or such board waives the training
requirement by reason of the investigator's prior law
enforcement experience or training or both.
The board shall not waive the training requirement unless
the investigator has had a minimum of 5 years experience as a
sworn officer of a local, state or federal law enforcement
agency, 2 of which shall have been in an investigatory
capacity.
(b) The Attorney General must authorize to each
investigator employed under this Section and to any other
employee exercising the powers of peace officers a distinct
badge that, on its face, (i) clearly states that it is
authorized by the Office of the Attorney General and (ii)
contains a unique identifying number. No other badge shall
be authorized by the Office of the Attorney General.
(Source: P.A. 90-540, eff. 12-1-97.)
Section 10. The Department of Agriculture Law of the
Civil Administrative Code of Illinois is amended by adding
Section 205-435 as follows:
(20 ILCS 205/205-435 new)
Sec. 205-435. Badges. The Director must authorize to
each Inspector of the Department and to any other employee of
the Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be
authorized by the Department.
Section 15. The Department of Central Management
Services Law of the Civil Administrative Code of Illinois is
amended by adding Section 405-330 as follows:
(20 ILCS 405/405-330 new)
Sec. 405-330. Badges. The Director must authorize to
each member of the police and security force and to any other
employee of the Department exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
Section 20. The Department of Children and Family
Services Powers Law of the Civil Administrative Code of
Illinois is amended by changing Section 510-200 as follows:
(20 ILCS 510/510-200) (was 20 ILCS 510/65.2)
Sec. 510-200. Police and security force.
(a) The Department has the power to appoint, subject to
the Personnel Code, persons to be members of a police and
security force. Members of the police and security force
shall be peace officers and as such have all powers possessed
by policemen in cities and sheriffs, including the power to
make arrests on view or on warrants of violations of State
statutes or city or county ordinances. These powers may,
however, be exercised only in counties of more than 500,000
population when required for the protection of Department
properties, interests, and personnel or when specifically
requested by appropriate State or local law enforcement
officials. Members of the police and security force may not
serve and execute civil process.
(b) The Director must authorize to each member of the
police and security force and to any other employee of the
Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be
authorized by the Department.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 25. The Department of Natural Resources Act is
amended by adding Section 1-30 as follows:
(20 ILCS 801/1-30 new)
Sec. 1-30. Badges. The Director must authorize to each
Conservation Police Officer and to any other employee of the
Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be authorized
by the Department.
Section 30. The Department of Human Services Act is
amended by adding Section 1-30 as follows:
(20 ILCS 1305/1-30 new)
Sec. 1-30. Badges. The Secretary must authorize to each
employee of the Department exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
Section 35. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by adding Section
1505-205 as follows:
(20 ILCS 1505/1505-205 new)
Sec. 1505-205. Badges. The Director must authorize each
employee of the Department exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
Section 40. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended
by adding Section 2105-330 as follows:
(20 ILCS 2105/2105-330 new)
Sec. 2105-330. Badges. The Director must authorize to
each agent, officer, investigator, and peace officer and to
any other employee of the Department exercising the powers of
a peace officer a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the Department
and (ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
Section 45. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing
Section 2505-305 as follows:
(20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
Sec. 2505-305. Investigators.
(a) The Department has the power to appoint
investigators to conduct all investigations, searches,
seizures, arrests, and other duties imposed under the
provisions of any law administered by the Department. The
investigators have and may exercise all the powers of peace
officers solely for the purpose of enforcing taxing measures
administered by the Department.
(b) The Director must authorize to each investigator
employed under this Section and to any other employee of the
Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be authorized
by the Department.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 50. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2605-55 as follows:
(20 ILCS 2605/2605-55 new)
Sec. 2605-55. Badges. The Director must authorize to
each State trooper, police officer, and investigator and to
any other employee of the Department exercising the powers of
a peace officer a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the Department
and (ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
Section 55. The Peace Officer Fire Investigation Act is
amended by changing Section 1 as follows:
(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
Sec. 1. Peace Officer Status.
(a) Any person who is a sworn member of any organized and
paid fire department of a political subdivision of this State
and is authorized to investigate fires or explosions for such
political subdivision, or who is employed by the Office of
the State Fire Marshal to determine the cause, origin and
circumstances of such fires or explosions that are suspected
to be arson or arson-related crimes, may be classified as a
peace officer by the political subdivision or agency
employing such person. A person so classified shall possess
the same powers of arrest, search and seizure and the
securing and service of warrants as sheriffs of counties, and
police officers within the jurisdiction of their political
subdivision. While in the actual investigation and matters
incident thereto, such person may carry weapons as may be
necessary, but only if that person has satisfactorily
completed (1) a training program offered or approved by the
Illinois Law Enforcement Training Standards Board which
substantially conforms to standards promulgated pursuant to
the Illinois Police Training Act and "An Act in relation to
firearms training for peace officers", approved August 29,
1975, as amended; or in the case of employees of the Office
of the State Fire Marshal, a training course approved by the
Department of State Police which also substantially conforms
to standards promulgated pursuant to "An Act in relation to
firearms training for peace officers", approved August 29,
1975, as amended; and (2) a course in fire and arson
investigation approved by the Office of the State Fire
Marshal pursuant to the Illinois Fire Protection Training
Act. Such training need not include exposure to vehicle and
traffic law, traffic control and accident investigation, or
first aid, but shall include training in the law relating to
the rights of persons suspected of involvement in criminal
activities.
Any person granted the powers enumerated in this Section
may exercise such powers only during the actual investigation
of the cause, origin and circumstances of such fires or
explosions that are suspected to be arson or arson-related
crimes.
(b) The State Fire Marshal must authorize to each
employee of the Office of the State Fire Marshal who is
exercising the powers of a peace officer a distinct badge
that, on its face, (i) clearly states that the badge is
authorized by the Office of the State Fire Marshal and (ii)
contains a unique identifying number. No other badge shall
be authorized by the Office of the State Fire Marshal.
(Source: P.A. 88-586, eff. 8-12-94.)
Section 60. The University of Illinois Act is amended by
changing Section 7 as follows:
(110 ILCS 305/7) (from Ch. 144, par. 28)
Sec. 7. Powers of trustees.
(a) The trustees shall have power to provide for the
requisite buildings, apparatus, and conveniences; to fix the
rates for tuition; to appoint such professors and
instructors, and to establish and provide for the management
of such model farms, model art, and other departments and
professorships, as may be required to teach, in the most
thorough manner, such branches of learning as are related to
agriculture and the mechanic arts, and military tactics,
without excluding other scientific and classical studies. The
trustees shall, upon the written request of an employee
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount shall
be withheld from each regular payroll period which is equal
to the pro rata share of the annual dues plus any payments or
contributions, and the trustees shall transmit such
withholdings to the specified labor organization within 10
working days from the time of the withholding. They may
accept the endowments and voluntary professorships or
departments in the University, from any person or persons or
corporations who may offer the same, and, at any regular
meeting of the board, may prescribe rules and regulations in
relation to such endowments and declare on what general
principles they may be admitted: Provided, that such special
voluntary endowments or professorships shall not be
incompatible with the true design and scope of the act of
congress, or of this Act: Provided, that no student shall at
any time be allowed to remain in or about the University in
idleness, or without full mental or industrial occupation:
And provided further, that the trustees, in the exercise of
any of the powers conferred by this Act, shall not create any
liability or indebtedness in excess of the funds in the hands
of the treasurer of the University at the time of creating
such liability or indebtedness, and which may be specially
and properly applied to the payment of the same. Any lease to
the trustees of lands, buildings or facilities which will
support scientific research and development in such areas as
high technology, super computing, microelectronics,
biotechnology, robotics, physics and engineering shall be for
a term not to exceed 18 years, and may grant to the trustees
the option to purchase the lands, buildings or facilities.
The lease shall recite that it is subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to pay the rent payable under the
terms of the lease.
Leases for the purposes described herein exceeding 5
years shall have the approval of the Illinois Board of Higher
Education.
The Board of Trustees may, directly or in cooperation
with other institutions of higher education, acquire by
purchase or lease or otherwise, and construct, enlarge,
improve, equip, complete, operate, control and manage medical
research and high technology parks, together with the
necessary lands, buildings, facilities, equipment and
personal property therefor, to encourage and facilitate (a)
the location and development of business and industry in the
State of Illinois, and (b) the increased application and
development of technology and (c) the improvement and
development of the State's economy. The Board of Trustees may
lease to nonprofit corporations all or any part of the land,
buildings, facilities, equipment or other property included
in a medical research and high technology park upon such
terms and conditions as the University of Illinois may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for
the construction, financing, operation and maintenance and
management of any such park; and may lease to any person,
firm, partnership or corporation, either public or private,
any part or all of the land, building, facilities, equipment
or other property of such park for such purposes and upon
such rentals, terms and conditions as the University may deem
advisable; and may finance all or part of the cost of any
such park, including the purchase, lease, construction,
reconstruction, improvement, remodeling, addition to, and
extension and maintenance of all or part of such high
technology park, and all equipment and furnishings, by
legislative appropriations, government grants, contracts,
private gifts, loans, receipts from the operation of such
high technology park, rentals and similar receipts; and may
make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate.
The Trustees shall have power (a) to purchase real
property and easements, and (b) to acquire real property and
easements in the manner provided by law for the exercise of
the right of eminent domain, and in the event negotiations
for the acquisition of real property or easements for making
any improvement which the Trustees are authorized to make
shall have proven unsuccessful and the Trustees shall have by
resolution adopted a schedule or plan of operation for the
execution of the project and therein made a finding that it
is necessary to take such property or easements immediately
or at some specified later date in order to comply with the
schedule, the Trustees may acquire such property or easements
in the same manner provided in Sections 7-103 through 7-112
of the Code of Civil Procedure.
The Board of Trustees also shall have power to agree with
the State's Attorney of the county in which any properties of
the Board are located to pay for services rendered by the
various taxing districts for the years 1944 through 1949 and
to pay annually for services rendered thereafter by such
district such sums as may be determined by the Board upon
properties used solely for income producing purposes, title
to which is held by said Board of Trustees, upon properties
leased to members of the staff of the University of Illinois,
title to which is held in trust for said Board of Trustees
and upon properties leased to for-profit entities the title
to which properties is held by the Board of Trustees. A
certified copy of any such agreement made with the State's
Attorney shall be filed with the County Clerk and such sums
shall be distributed to the respective taxing districts by
the County Collector in such proportions that each taxing
district will receive therefrom such proportion as the tax
rate of such taxing district bears to the total tax rate that
would be levied against such properties if they were not
exempt from taxation under the Property Tax Code.
The Board of Trustees of the University of Illinois,
subject to the applicable civil service law, may appoint
persons to be members of the University of Illinois Police
Department. Members of the Police Department shall be peace
officers and as such have all powers possessed by policemen
in cities, and sheriffs, including the power to make arrests
on view or warrants of violations of state statutes and city
or county ordinances, except that they may exercise such
powers only in counties wherein the University and any of its
branches or properties are located when such is required for
the protection of university properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate state or local law
enforcement officials; provided, however, that such officer
shall have no power to serve and execute civil processes.
The Board of Trustees must authorize to each member of
the University of Illinois Police Department and to any other
employee of the University of Illinois exercising the powers
of a peace officer a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the University
of Illinois and (ii) contains a unique identifying number. No
other badge shall be authorized by the University of
Illinois.
The Board of Trustees may own, operate, or govern, by or
through the College of Medicine at Peoria, a managed care
community network established under subsection (r) of Section
5-16.3 of the Illinois Public Aid Code.
The powers of the trustees as herein designated are
subject to the provisions of "An Act creating a Board of
Higher Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended.
The Board of Trustees shall have the authority to adopt
all administrative rules which may be necessary for the
effective administration, enforcement and regulation of all
matters for which the Board has jurisdiction or
responsibility.
(b) To assist in the provision of buildings and
facilities beneficial to, useful for, or supportive of
University purposes, the Board of Trustees of the University
of Illinois may exercise the following powers with regard to
the area located on or adjacent to the University of Illinois
at Chicago campus and bounded as follows: on the West by
Morgan Street; on the North by Roosevelt Road; on the East by
Union Street; and on the South by 16th Street, in the City of
Chicago:
(1) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of
such duration as the Board of Trustees shall determine,
or by exercise of the power of eminent domain;
(2) Sub-lease or contract to purchase through
installments all or any portion of buildings or
facilities for such duration and on such terms as the
Board of Trustees shall determine, including a term that
exceeds 5 years, provided that each such lease or
purchase contract shall be and shall recite that it is
subject to termination and cancellation in any year for
which the General Assembly fails to make an appropriation
to pay the rent or purchase installments payable under
the terms of such lease or purchase contract; and
(3) Sell property without compliance with the State
Property Control Act and retain proceeds in the
University Treasury in a special, separate development
fund account which the Auditor General shall examine to
assure compliance with this Act.
Any buildings or facilities to be developed on the land shall
be buildings or facilities that, in the determination of the
Board of Trustees, in whole or in part: (i) are for use by
the University; or (ii) otherwise advance the interests of
the University, including, by way of example, residential
facilities for University staff and students and commercial
facilities which provide services needed by the University
community. Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and
the processes associated with demolition; routine land and
property acquisition; extension of utilities; streetscape
work; landscape work; surface and structure parking;
sidewalks, recreational paths, and street construction; and
lease and lease purchase arrangements and the professional
services associated with the planning and development of the
area. Moneys from the development fund account used for any
other purpose must be deposited into and appropriated from
the General Revenue Fund. Buildings or facilities leased to
an entity or person other than the University shall not be
subject to any limitations applicable to a State supported
college or university under any law. All development on the
land and all use of any buildings or facilities shall be
subject to the control and approval of the Board of Trustees.
(Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.)
Section 65. The Southern Illinois University Management
Act is amended by changing Section 8 as follows:
(110 ILCS 520/8) (from Ch. 144, par. 658)
Sec. 8. Powers and Duties of the Board. The Board shall
have power and it shall be its duty:
1. To make rules, regulations and by-laws, not
inconsistent with law, for the government and management of
Southern Illinois University and its branches;
2. To employ, and, for good cause, to remove a president
of Southern Illinois University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, and other educational and administrative
assistants, and all other necessary employees, and contract
with them upon matters relating to tenure, salaries and
retirement benefits in accordance with the State Universities
Civil Service Act; the Board shall, upon the written request
of an employee of Southern Illinois University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding. Whenever the Board
establishes a search committee to fill the position of
president of Southern Illinois University, there shall be
minority representation, including women, on that search
committee;
3. To prescribe the course of study to be followed, and
textbooks and apparatus to be used at Southern Illinois
University;
4. To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Southern Illinois University, and confer
such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
5. To examine into the conditions, management, and
administration of Southern Illinois University, to provide
the requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadium or other recreational facilities; student welfare
fees; laboratory fees and similar fees for supplies and
material;
6. To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Southern Illinois University;
7. To accept endowments of professorships or departments
in the University from any person who may proffer them and,
at regular meetings, to prescribe rules and regulations in
relation to endowments and declare on what general principles
they may be accepted;
8. To enter into contracts with the Federal government
for providing courses of instruction and other services at
Southern Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services;
9. To provide for the receipt and expenditures of
Federal funds, paid to the Southern Illinois University by
the Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States and to provide for audits of such funds;
10. To appoint, subject to the applicable civil service
law, persons to be members of the Southern Illinois
University Police Department. Members of the Police
Department shall be conservators of the peace and as such
have all powers possessed by policemen in cities, and
sheriffs, including the power to make arrests on view or
warrants of violations of state statutes, university rules
and regulations and city or county ordinances, except that
they may exercise such powers only within counties wherein
the university and any of its branches or properties are
located when such is required for the protection of
university properties and interests, and its students and
personnel, and otherwise, within such counties, when
requested by appropriate State or local law enforcement
officials. However, such officers shall have no power to
serve and execute civil processes.
The Board must authorize to each member of the Southern
Illinois University Police Department and to any other
employee of Southern Illinois University exercising the
powers of a peace officer a distinct badge that, on its face,
(i) clearly states that the badge is authorized by Southern
Illinois University and (ii) contains a unique identifying
number. No other badge shall be authorized by Southern
Illinois University.
11. To administer a plan or plans established by the
clinical faculty of the School of Medicine for the billing,
collection and disbursement of charges made by individual
faculty members for professional services performed by them
in the course of or in support of their academic
responsibilities, provided that such plan has been first
approved by Board action. All such collections shall be
deposited into a special fund or funds administered by the
Board from which disbursements may be made according to the
provisions of said plan. The reasonable costs incurred, by
the University, administering the billing, collection and
disbursement provisions of a plan shall have first priority
for payment before distribution or disbursement for any other
purpose. Charges established pursuant to this plan must be
itemized in any billing and any amounts collected which are
not used to off-set the cost of operating or maintaining the
activity which generated the funds collected, must be
accounted for separately. This accounting must clearly show
the use and application made of the funds and the Board shall
report such accountings for the previous fiscal year to the
Legislative Audit Commission annually by December 31 of each
fiscal year.
The Board of Trustees may own, operate, or govern, by or
through the School of Medicine, a managed care community
network established under subsection (r) of Section 5-16.3 of
the Illinois Public Aid Code.
12. The Board of Trustees may, directly or in
cooperation with other institutions of higher education,
acquire by purchase or lease or otherwise, and construct,
enlarge, improve, equip, complete, operate, control and
manage medical research and high technology parks, together
with the necessary lands, buildings, facilities, equipment,
and personal property therefor, to encourage and facilitate
(a) the location and development of business and industry in
the State of Illinois, and (b) the increased application and
development of technology and (c) the improvement and
development of the State's economy. The Board of Trustees
may lease to nonprofit corporations all or any part of the
land, buildings, facilities, equipment or other property
included in a medical research and high technology park upon
such terms and conditions as the Board of Trustees may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for
the construction, financing, operation and maintenance and
management of any such park; and may lease to any person,
firm, partnership or corporation, either public or private,
any part or all of the land, building, facilities, equipment
or other property of such park for such purposes and upon
such rentals, terms and conditions as the Board of Trustees
may deem advisable; and may finance all or part of the cost
of any such park, including the purchase, lease,
construction, reconstruction, improvement, remodeling,
addition to, and extension and maintenance of all or part of
such high technology park, and all equipment and furnishings,
by legislative appropriations, government grants, contracts,
private gifts, loans, receipts from the operation of such
high technology park, rentals and similar receipts; and may
make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate.
The powers of the Board as herein designated are subject
to the Board of Higher Education Act.
(Source: P.A. 87-378; 88-554, eff. 7-26-94.)
Section 70. The Chicago State University Law is amended
by changing Section 5-45 as follows:
(110 ILCS 660/5-45)
Sec. 5-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Chicago State University and its branches;
(2) To employ, and, for good cause, to remove a
President of Chicago State University, and all necessary
deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Chicago State University, there
shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Chicago State University, withhold from the
compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Chicago State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Chicago State University, and confer such
professional and literary degrees as are usually conferred by
other institutions of like character for similar or
equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Chicago State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare
fees; laboratory fees; and similar fees for supplies and
materials. The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Chicago State University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and
other employees of Chicago State University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Chicago State University;
(7) To accept endowments of professorships or
departments in Chicago State University from any person who
may proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Chicago State University for persons serving in or with the
military or naval forces of the United States, and to provide
such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of
Federal funds paid to Chicago State University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Chicago State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers
possessed by policemen in cities, and sheriffs, including the
power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or
county ordinances, except that they may exercise such powers
only within counties wherein Chicago State University and any
of its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State or
local law enforcement officials. However, such officers shall
have no power to serve and execute civil processes.;
The Board must authorize to each member of the Chicago
State University Police Department and to any other employee
of Chicago State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by Chicago State
University and (ii) contains a unique identifying number on
its face. No other badge shall be authorized by Chicago State
University;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 75. The Eastern Illinois University Law is
amended by changing Section 10-45 as follows:
(110 ILCS 665/10-45)
Sec. 10-45. Powers and duties.
(a) The Board also shall have power and it shall be its
duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management
of Eastern Illinois University and its branches.
(2) To employ, and, for good cause, to remove a
President of Eastern Illinois University, and all
necessary deans, professors, associate professors,
assistant professors, instructors, other educational and
administrative assistants, and all other necessary
employees, and to prescribe their duties and contract
with them upon matters relating to tenure, salaries and
retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board
establishes a search committee to fill the position of
President of Eastern Illinois University, there shall be
minority representation, including women, on that search
committee. The Board shall, upon the written request of
an employee of Eastern Illinois University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall
be withheld from each regular payroll period which is
equal to the pro rata share of the annual dues plus any
payments or contributions, and the Board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding.
(3) To prescribe the courses of study to be
followed, and textbooks and apparatus to be used at
Eastern Illinois University.
(4) To issue upon the recommendation of the
faculty, diplomas to such persons as have satisfactorily
completed the required studies of Eastern Illinois
University, and confer such professional and literary
degrees as are usually conferred by other institutions of
like character for similar or equivalent courses of
study, or such as the Board may deem appropriate.
(5) To examine into the conditions, management, and
administration of Eastern Illinois University, to provide
the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student
activities; fees for student facilities such as student
union buildings or field houses or stadia or other
recreational facilities; student welfare fees; laboratory
fees; and similar fees for supplies and materials. The
expense of the building, improving, repairing and
supplying fuel and furniture and the necessary appliances
and apparatus for conducting Eastern Illinois University,
the reimbursed expenses of members of the Board, and the
salaries or compensation of the President, assistants,
agents and other employees of Eastern Illinois
University, shall be a charge upon the State Treasury.
All other expenses shall be chargeable against students,
and the Board shall regulate the charges accordingly.
(6) To succeed to and to administer all trusts,
trust property, and gifts now or hereafter belonging or
pertaining to Eastern Illinois University.
(7) To accept endowments of professorships or
departments in Eastern Illinois University from any
person who may proffer them and, at regular meetings, to
prescribe rules and regulations in relation to endowments
and declare on what general principles they may be
accepted.
(8) To enter into contracts with the Federal
government for providing courses of instruction and other
services at Eastern Illinois University for persons
serving in or with the military or naval forces of the
United States, and to provide such courses of instruction
and other services.
(9) To contract with respect to the Cooperative
Computer Center to obtain services related to electronic
data processing.
(10) To provide for the receipt and expenditures of
Federal funds paid to Eastern Illinois University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces
of the United States, and to provide for audits of such
funds.
(11) To appoint, subject to the applicable civil
service law, persons to be members of the Eastern
Illinois University Police Department. Members of the
Police Department shall be conservators of the peace and
as such have all powers possessed by policemen in cities,
and sheriffs, including the power to make arrests on view
or warrants of violations of State statutes, University
rules and regulations and city or county ordinances,
except that they may exercise such powers only within
counties wherein Eastern Illinois University and any of
its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State
or local law enforcement officials. However, such
officers shall have no power to serve and execute civil
processes.
The Board must authorize to each member of the Eastern
Illinois University Police Department and to any other
employee of Eastern Illinois University exercising the powers
of a peace officer a distinct badge that, on its face, (i)
clearly states that the badge is authorized by Eastern
Illinois University and (ii) contains a unique identifying
number. No other badge shall be authorized by Eastern
Illinois University.
(b) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or
lease or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
(c) The Board may sell the following described property
without compliance with the State Property Control Act and
retain the proceeds in the University treasury in a special,
separate development fund account that the Auditor General
shall examine to assure compliance with this Law:
Lots 511 and 512 in Heritage Woods V, Charleston, Coles
County, Illinois.
Revenues from the development fund account may be withdrawn
by the University for the purpose of upgrading the on-campus
formal reception facility. Moneys from the development fund
account used for any other purpose must be deposited into and
appropriated from the General Revenue Fund.
(Source: P.A. 91-251, eff. 7-22-99.)
Section 80. The Governors State University Law is
amended by changing Section 15-45 as follows:
(110 ILCS 670/15-45)
Sec. 15-45. Powers and duties. The Board also shall
have power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Governors State University and its branches;
(2) To employ, and, for good cause, to remove a
President of Governors State University, and all necessary
deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Governors State University, there
shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Governors State University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Governors State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Governors State University, and confer
such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Governors State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare
fees; laboratory fees; and similar fees for supplies and
materials. The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Governors State University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and
other employees of Governors State University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Governors State University;
(7) To accept endowments of professorships or
departments in Governors State University from any person who
may proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Governors State University for persons serving in or with the
military or naval forces of the United States, and to provide
such courses of instruction and other services;
(9) To operate, maintain, and contract with respect to
the Cooperative Computer Center for its own purposes and to
provide services related to electronic data processing to
other public and private colleges and universities, to
governmental agencies, and to public or private
not-for-profit agencies; and to examine the conditions,
management, and administration of the Cooperative Computer
Center;
(10) To provide for the receipt and expenditures of
Federal funds paid to Governors State University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Governors State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers
possessed by policemen in cities, and sheriffs, including the
power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or
county ordinances, except that they may exercise such powers
only within counties wherein Governors State University and
any of its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State or
local law enforcement officials. However, such officers shall
have no power to serve and execute civil processes.;
The Board must authorize to each member of the Governors
State University Police Department and to any other employee
of Governors State University exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by Governors State
University and (ii) contains a unique identifying number. No
other badge shall be authorized by Governors State
University;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 85. The Illinois State University Law is amended
by changing Section 20-45 as follows:
(110 ILCS 675/20-45)
Sec. 20-45. Powers and duties. The Board also shall
have power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Illinois State University and its branches;
(2) To employ, and, for good cause, to remove a
President of Illinois State University, and all necessary
deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Illinois State University, there
shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Illinois State University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Illinois State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Illinois State University, and confer
such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Illinois State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare
fees; laboratory fees; and similar fees for supplies and
materials. The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Illinois State University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and
other employees of Illinois State University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Illinois State University;
(7) To accept endowments of professorships or
departments in Illinois State University from any person who
may proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Illinois State University for persons serving in or with the
military or naval forces of the United States, and to provide
such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of
Federal funds paid to Illinois State University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Illinois State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers
possessed by policemen in cities, and sheriffs, including the
power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or
county ordinances, except that they may exercise such powers
only within counties wherein Illinois State University and
any of its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State or
local law enforcement officials. However, such officers shall
have no power to serve and execute civil processes.;
The Board must authorize to each member of the Illinois
State University Police Department and to any other employee
of Illinois State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by Illinois State
University and (ii) contains a unique identifying number. No
other badge shall be authorized by Illinois State University;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate;
(13) To assist in the provision of lands, buildings, and
facilities that are supportive of university purposes and
suitable and appropriate for the conduct and operation of the
university's education programs, the Board of Trustees of
Illinois State University may exercise the powers specified
in subparagraphs (a), (b), and (c) of this paragraph (13)
with regard to the following described property located near
the Normal, Illinois campus of Illinois State University:
Parcel 1: Approximately 300 acres that form a part of
the Illinois State University Farm in Section 20,
Township 24 North, Range 2 East of the Third Principal
Meridian in McLean County, Illinois.
Parcels 2 and 3: Lands located in the Northeast Quadrant
of the City of Normal in McLean County, Illinois, one
such parcel consisting of approximately 150 acres located
north and east of the old Illinois Soldiers and Sailors
Children's School campus, and another such parcel,
located in the Northeast Quadrant of the old Soldiers and
Sailors Children's School Campus, consisting of
approximately 1.03.
(a) The Board of Trustees may sell, lease, or
otherwise transfer and convey all or part of the above
described parcels of real estate, together with the
improvements situated thereon, to a bona fide purchaser
for value, without compliance with the State Property
Control Act and on such terms as the Board of Trustees
shall determine are in the best interests of Illinois
State University and consistent with its objects and
purposes.
(b) The Board of Trustees may retain the proceeds
from the sale, lease, or other transfer of all or any
part of the above described parcels of real estate in the
University treasury, in a special, separate development
fund account that the Auditor General shall examine to
assure the use or deposit of those proceeds in a manner
consistent with the provisions of subparagraph (c) of
this paragraph (13).
(c) Moneys from the development fund account may be
used by the Board of Trustees of Illinois State
University to acquire and develop other land to achieve
the same purposes for which the parcels of real estate
described in this item (13), all or a part of which have
been sold, leased, or otherwise transferred and conveyed,
were used and for the purpose of demolition and the
processes associated with demolition on the acquired
land. Moneys from the development fund account used for
any other purpose must be deposited into and appropriated
from the General Revenue Fund. Buildings or facilities
leased to an entity or person other than the University
shall not be subject to any limitations applicable to a
State-supported college or university under any law. All
development on the land and all the use of any buildings
or facilities shall be subject to the control and
approval of the Board of Trustees of Illinois State
University.
(Source: P.A. 91-396, eff. 7-30-99.)
Section 90. The Northeastern Illinois University Law is
amended by changing Section 25-45 as follows:
(110 ILCS 680/25-45)
Sec. 25-45. Powers and duties. The Board also shall
have power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Northeastern Illinois University and its branches;
(2) To employ, and, for good cause, to remove a
President of Northeastern Illinois University, and all
necessary deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Northeastern Illinois University,
there shall be minority representation, including women, on
that search committee. The Board shall, upon the written
request of an employee of Northeastern Illinois University,
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount shall
be withheld from each regular payroll period which is equal
to the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Northeastern
Illinois University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Northeastern Illinois University, and
confer such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Northeastern Illinois University, to
provide the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect matriculation
fees; tuition fees; fees for student activities; fees for
student facilities such as student union buildings or field
houses or stadia or other recreational facilities; student
welfare fees; laboratory fees; and similar fees for supplies
and materials. The expense of the building, improving,
repairing and supplying fuel and furniture and the necessary
appliances and apparatus for conducting Northeastern Illinois
University, the reimbursed expenses of members of the Board,
and the salaries or compensation of the President,
assistants, agents and other employees of Northeastern
Illinois University, shall be a charge upon the State
Treasury. All other expenses shall be chargeable against
students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Northeastern Illinois University;
(7) To accept endowments of professorships or
departments in Northeastern Illinois University from any
person who may proffer them and, at regular meetings, to
prescribe rules and regulations in relation to endowments and
declare on what general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Northeastern Illinois University for persons serving in or
with the military or naval forces of the United States, and
to provide such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of
Federal funds paid to Northeastern Illinois University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Northeastern Illinois
University Police Department. Members of the Police
Department shall be conservators of the peace and as such
have all powers possessed by policemen in cities, and
sheriffs, including the power to make arrests on view or
warrants of violations of State statutes, University rules
and regulations and city or county ordinances, except that
they may exercise such powers only within counties wherein
Northeastern Illinois University and any of its branches or
properties are located when such is required for the
protection of University properties and interests, and its
students and personnel, and otherwise, within such counties,
when requested by appropriate State or local law enforcement
officials. However, such officers shall have no power to
serve and execute civil processes.;
The Board must authorize to each member of the
Northeastern Illinois University Police Department and to any
other employee of Northeastern Illinois University exercising
the powers of a peace officer a distinct badge that, on its
face, (i) clearly states that the badge is authorized by
Northeastern Illinois University and (ii) contains a unique
identifying number. No other badge shall be authorized by
Northeastern Illinois University;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 95. The Northern Illinois University Law is
amended by changing Section 30-45 as follows:
(110 ILCS 685/30-45)
Sec. 30-45. Powers and duties. The Board also shall
have power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Northern Illinois University and its branches;
(2) To employ, and, for good cause, to remove a
President of Northern Illinois University, and all necessary
deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Northern Illinois University, there
shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Northern Illinois University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Northern Illinois
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Northern Illinois University, and confer
such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Northern Illinois University, to provide
the requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare
fees; laboratory fees; and similar fees for supplies and
materials. The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Northern Illinois University,
the reimbursed expenses of members of the Board, and the
salaries or compensation of the President, assistants, agents
and other employees of Northern Illinois University, shall be
a charge upon the State Treasury. All other expenses shall
be chargeable against students, and the Board shall regulate
the charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Northern Illinois University;
(7) To accept endowments of professorships or
departments in Northern Illinois University from any person
who may proffer them and, at regular meetings, to prescribe
rules and regulations in relation to endowments and declare
on what general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Northern Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of
Federal funds paid to Northern Illinois University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Northern Illinois
University Police Department. Members of the Police
Department shall be conservators of the peace and as such
have all powers possessed by policemen in cities, and
sheriffs, including the power to make arrests on view or
warrants of violations of State statutes, University rules
and regulations and city or county ordinances, except that
they may exercise such powers only within counties wherein
Northern Illinois University and any of its branches or
properties are located when such is required for the
protection of University properties and interests, and its
students and personnel, and otherwise, within such counties,
when requested by appropriate State or local law enforcement
officials. However, such officers shall have no power to
serve and execute civil processes.;
The Board must authorize to each member of the Northern
Illinois University Police Department and to any other
employee of Northern Illinois University exercising the
powers of a peace officer a distinct badge that, on its face,
(i) clearly states that the badge is authorized by Northern
Illinois University and (ii) contains a unique identifying
number. No other badge shall be authorized by Northern
Illinois University;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
(13) To assist in the provision of buildings and
facilities beneficial to, useful for, or supportive of
university purposes, the Board of Trustees of Northern
Illinois University may exercise the following powers with
regard to the area located on or adjacent to the Northern
Illinois University DeKalb campus and bounded as follows:
Parcel 1:
In Township 40 North, Range 4 East, of the Third Prime
Meridian, County of DeKalb, State of Illinois: The East
half of the Southeast Quarter of Section 17, the
Southwest Quarter of Section 16, and the Northwest
Quarter of Section 21, all in the County of DeKalb,
Illinois.
Parcel 2:
In Township 40 North, Range 4 East, of the Third Prime
Meridian, County of DeKalb, State of Illinois: On the
North, by a line beginning at the Northwest corner of the
Southeast Quarter of Section 15; thence East 1,903.3
feet; thence South to the North line of the Southeast
Quarter of the Southeast Quarter of Section 15; thence
East along said line to North First Street; on the West
by Garden Road between Lucinda Avenue and the North
boundary; thence on the South by Lucinda Avenue between
Garden Road and the intersection of Lucinda Avenue and
the South Branch of the Kishwaukee River, and by the
South Branch of the Kishwaukee River between such
intersection and easterly to the intersection of such
river and North First Street; thence on the East by North
First Street.
(a) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of
such duration as the Board of Trustees shall determine,
or by exercise of the power of eminent domain;
(b) Sublease or contract to purchase through
installments all or any portion of buildings or
facilities for such duration and on such terms as the
Board of Trustees shall determine, including a term that
exceeds 5 years, provided that each such lease or
purchase contract shall be and shall recite that it is
subject to termination and cancellation in any year for
which the General Assembly fails to make an appropriation
to pay the rent or purchase installments payable under
the terms of such lease or purchase contracts; and
(c) Sell property without compliance with the State
Property Control Act and retain proceeds in the
University treasury in a special, separate development
fund account which the Auditor General shall examine to
assure compliance with this Act.
Any buildings or facilities to be developed on the land
shall be buildings or facilities that, in the determination
of the Board of Trustees, in whole or in part: (i) are for
use by the University; or (ii) otherwise advance the
interests of the University, including, by way of example,
residential, recreational, educational, and athletic
facilities for University staff and students and commercial
facilities which provide services needed by the University
community. Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and
the processes associated with demolition; routine land and
property acquisition; extension of utilities; streetscape
work; landscape work; surface and structure parking;
sidewalks, recreational paths, and street construction; and
lease and lease purchase arrangements and the professional
services associated with the planning and development of the
area. Moneys from the development fund account used for any
other purpose must be deposited into and appropriated from
the General Revenue Fund. Buildings or facilities leased to
an entity or person other than the University shall not be
subject to any limitations applicable to a State-supported
college or university under any law. All development on the
land and all the use of any buildings or facilities shall be
subject to the control and approval of the Board of Trustees
of Northern Illinois University.
(Source: P.A. 89-4, eff. 1-1-96; 90-284, eff. 1-1-98.)
Section 100. The Western Illinois University Law is
amended by changing Section 35-45 as follows:
(110 ILCS 690/35-45)
Sec. 35-45. Powers and duties. The Board also shall
have power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Western Illinois University and its branches;
(2) To employ, and, for good cause, to remove a
President of Western Illinois University, and all necessary
deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Western Illinois University, there
shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Western Illinois University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Western Illinois
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Western Illinois University, and confer
such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Western Illinois University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare
fees; laboratory fees; and similar fees for supplies and
materials. The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Western Illinois University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and
other employees of Western Illinois University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Western Illinois University;
(7) To accept endowments of professorships or
departments in Western Illinois University from any person
who may proffer them and, at regular meetings, to prescribe
rules and regulations in relation to endowments and declare
on what general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Western Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of
Federal funds paid to Western Illinois University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Western Illinois University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers
possessed by policemen in cities, and sheriffs, including the
power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or
county ordinances, except that they may exercise such powers
only within counties wherein Western Illinois University and
any of its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State or
local law enforcement officials. However, such officers shall
have no power to serve and execute civil processes.;
The Board must authorize to each member of the Western
Illinois University Police Department and to any other
employee of Western Illinois University exercising the powers
of a peace officer a distinct badge that, on its face, (i)
clearly states that the badge is authorized by Western
Illinois University and (ii) contains a unique identifying
number. No other badge shall be authorized by Western
Illinois University;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 103. The Riverboat Gambling Act is amended by
changing Section 5 as follows:
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established within the
Department of Revenue an Illinois Gaming Board which shall
have the powers and duties specified in this Act, and all
other powers necessary and proper to fully and effectively
execute this Act for the purpose of administering,
regulating, and enforcing the system of riverboat gambling
established by this Act. Its jurisdiction shall extend under
this Act to every person, association, corporation,
partnership and trust involved in riverboat gambling
operations in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed
by the Governor with the advice and consent of the Senate,
one of whom shall be designated by the Governor to be
chairman. Each member shall have a reasonable knowledge of
the practice, procedure and principles of gambling
operations. Each member shall either be a resident of
Illinois or shall certify that he will become a resident of
Illinois before taking office. At least one member shall be
experienced in law enforcement and criminal investigation, at
least one member shall be a certified public accountant
experienced in accounting and auditing, and at least one
member shall be a lawyer licensed to practice law in
Illinois.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board
members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a
term ending July 1, 1991, 2 for a term ending July 1, 1992,
and 2 for a term ending July 1, 1993. Upon the expiration of
the foregoing terms, the successors of such members shall
serve a term for 3 years and until their successors are
appointed and qualified for like terms. Vacancies in the
Board shall be filled for the unexpired term in like manner
as original appointments. Each member of the Board shall be
eligible for reappointment at the discretion of the Governor
with the advice and consent of the Senate.
(4) Each member of the Board shall receive $300 for each
day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board
or continue to be a member of the Board who is, or whose
spouse, child or parent is, a member of the board of
directors of, or a person financially interested in, any
gambling operation subject to the jurisdiction of this Board,
or any race track, race meeting, racing association or the
operations thereof subject to the jurisdiction of the
Illinois Racing Board. No Board member shall hold any other
public office for which he shall receive compensation other
than necessary travel or other incidental expenses. No
person shall be a member of the Board who is not of good
moral character or who has been convicted of, or is under
indictment for, a felony under the laws of Illinois or any
other state, or the United States.
(6) Any member of the Board may be removed by the
Governor for neglect of duty, misfeasance, malfeasance, or
nonfeasance in office.
(7) Before entering upon the discharge of the duties of
his office, each member of the Board shall take an oath that
he will faithfully execute the duties of his office according
to the laws of the State and the rules and regulations
adopted therewith and shall give bond to the State of
Illinois, approved by the Governor, in the sum of $25,000.
Every such bond, when duly executed and approved, shall be
recorded in the office of the Secretary of State. Whenever
the Governor determines that the bond of any member of the
Board has become or is likely to become invalid or
insufficient, he shall require such member forthwith to renew
his bond, which is to be approved by the Governor. Any
member of the Board who fails to take oath and give bond
within 30 days from the date of his appointment, or who fails
to renew his bond within 30 days after it is demanded by the
Governor, shall be guilty of neglect of duty and may be
removed by the Governor. The cost of any bond given by any
member of the Board under this Section shall be taken to be a
part of the necessary expenses of the Board.
(8) Upon the request of the Board, the Department shall
employ such personnel as may be necessary to carry out the
functions of the Board. No person shall be employed to serve
the Board who is, or whose spouse, parent or child is, an
official of, or has a financial interest in or financial
relation with, any operator engaged in gambling operations
within this State or any organization engaged in conducting
horse racing within this State. Any employee violating these
prohibitions shall be subject to termination of employment.
(9) An Administrator shall perform any and all duties
that the Board shall assign him. The salary of the
Administrator shall be determined by the Board and approved
by the Director of the Department and, in addition, he shall
be reimbursed for all actual and necessary expenses incurred
by him in discharge of his official duties. The
Administrator shall keep records of all proceedings of the
Board and shall preserve all records, books, documents and
other papers belonging to the Board or entrusted to its care.
The Administrator shall devote his full time to the duties of
the office and shall not hold any other office or employment.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without
limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of
the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the
Board shall be served either by personal delivery or by
certified mail, postage prepaid, to the aggrieved party.
Notice served by certified mail shall be deemed complete
on the business day following the date of such mailing.
The Board shall conduct all requested hearings promptly
and in reasonable order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations
promulgated hereunder;
(3) To promulgate such rules and regulations as in
its judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection
of all license and registration fees and taxes imposed by
this Act and the rules and regulations issued pursuant
hereto. All such fees and taxes shall be deposited into
the State Gaming Fund;
(5) To provide for the levy and collection of
penalties and fines for the violation of provisions of
this Act and the rules and regulations promulgated
hereunder. All such fines and penalties shall be
deposited into the Education Assistance Fund, created by
Public Act 86-0018, of the State of Illinois;
(6) To be present through its inspectors and agents
any time gambling operations are conducted on any
riverboat for the purpose of certifying the revenue
thereof, receiving complaints from the public, and
conducting such other investigations into the conduct of
the gambling games and the maintenance of the equipment
as from time to time the Board may deem necessary and
proper;
(7) To review and rule upon any complaint by a
licensee regarding any investigative procedures of the
State which are unnecessarily disruptive of gambling
operations. The need to inspect and investigate shall be
presumed at all times. The disruption of a licensee's
operations shall be proved by clear and convincing
evidence, and establish that: (A) the procedures had no
reasonable law enforcement purposes, and (B) the
procedures were so disruptive as to unreasonably inhibit
gambling operations;
(8) To hold at least one meeting each quarter of
the fiscal year. In addition, special meetings may be
called by the Chairman or any 2 Board members upon 72
hours written notice to each member. All Board meetings
shall be subject to the Open Meetings Act. Three members
of the Board shall constitute a quorum, and 3 votes shall
be required for any final determination by the Board.
The Board shall keep a complete and accurate record of
all its meetings. A majority of the members of the Board
shall constitute a quorum for the transaction of any
business, for the performance of any duty, or for the
exercise of any power which this Act requires the Board
members to transact, perform or exercise en banc, except
that, upon order of the Board, one of the Board members
or an administrative law judge designated by the Board
may conduct any hearing provided for under this Act or by
Board rule and may recommend findings and decisions to
the Board. The Board member or administrative law judge
conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the
time of the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the
Board in such case;
(9) To maintain records which are separate and
distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board
proceedings;
(10) To file a written annual report with the
Governor on or before March 1 each year and such
additional reports as the Governor may request. The
annual report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board,
and any additional information and recommendations which
the Board may deem valuable or which the Governor may
request;
(11) (Blank); and
(12) To assume responsibility for the
administration and enforcement of the Bingo License and
Tax Act, the Charitable Games Act, and the Pull Tabs and
Jar Games Act if such responsibility is delegated to it
by the Director of Revenue.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act. The
Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including,
but not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select
among competing applicants the applicants which best
serve the interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations in this State and all
persons on riverboats where gambling operations are
conducted.
(3) To promulgate rules and regulations for the
purpose of administering the provisions of this Act and
to prescribe rules, regulations and conditions under
which all riverboat gambling in the State shall be
conducted. Such rules and regulations are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of riverboat
gambling, including rules and regulations regarding the
inspection of such riverboats and the review of any
permits or licenses necessary to operate a riverboat
under any laws or regulations applicable to riverboats,
and to impose penalties for violations thereof.
(4) To enter the office, riverboats, facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of
this Act is likely to be found.
(5) To investigate alleged violations of this Act
or the rules of the Board and to take appropriate
disciplinary action against a licensee or a holder of an
occupational license for a violation, or institute
appropriate legal action for enforcement, or both.
(6) To adopt standards for the licensing of all
persons under this Act, as well as for electronic or
mechanical gambling games, and to establish fees for such
licenses.
(7) To adopt appropriate standards for all
riverboats and facilities.
(8) To require that the records, including
financial or other statements of any licensee under this
Act, shall be kept in such manner as prescribed by the
Board and that any such licensee involved in the
ownership or management of gambling operations submit to
the Board an annual balance sheet and profit and loss
statement, list of the stockholders or other persons
having a 1% or greater beneficial interest in the
gambling activities of each licensee, and any other
information the Board deems necessary in order to
effectively administer this Act and all rules,
regulations, orders and final decisions promulgated under
this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent
documents in accordance with the Illinois Administrative
Procedure Act, and to administer oaths and affirmations
to the witnesses, when, in the judgment of the Board, it
is necessary to administer or enforce this Act or the
Board rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board
may see fit and in compliance with applicable laws of the
State regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license, without notice or hearing upon
a determination that the safety or health of patrons or
employees is jeopardized by continuing a riverboat's
operation. The suspension may remain in effect until the
Board determines that the cause for suspension has been
abated. The Board may revoke the owners license upon a
determination that the owner has not made satisfactory
progress toward abating the hazard.
(12) To eject or exclude or authorize the ejection
or exclusion of, any person from riverboat gambling
facilities where such person is in violation of this Act,
rules and regulations thereunder, or final orders of the
Board, or where such person's conduct or reputation is
such that his presence within the riverboat gambling
facilities may, in the opinion of the Board, call into
question the honesty and integrity of the gambling
operations or interfere with orderly conduct thereof;
provided that the propriety of such ejection or exclusion
is subject to subsequent hearing by the Board.
(13) To require all licensees of gambling
operations to utilize a cashless wagering system whereby
all players' money is converted to tokens, electronic
cards, or chips which shall be used only for wagering in
the gambling establishment.
(14) (Blank).
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or
for engaging in a fraudulent practice, and to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 or an amount equal to the daily gross
receipts, whichever is larger, against licensees for each
violation of any provision of the Act, any rules adopted
by the Board, any order of the Board or any other action
which, in the Board's discretion, is a detriment or
impediment to riverboat gambling operations.
(16) To hire employees to gather information,
conduct investigations and carry out any other tasks
contemplated under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve
alcoholic liquors, wine or beer as defined in the Liquor
Control Act of 1934 on board a riverboat and to have
exclusive authority to establish the hours for sale and
consumption of alcoholic liquor on board a riverboat,
notwithstanding any provision of the Liquor Control Act
of 1934 or any local ordinance, and regardless of whether
the riverboat makes excursions. The establishment of the
hours for sale and consumption of alcoholic liquor on
board a riverboat is an exclusive power and function of
the State. A home rule unit may not establish the hours
for sale and consumption of alcoholic liquor on board a
riverboat. This amendatory Act of 1991 is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of water, relative to
excursions, in the event of extreme weather conditions,
acts of God or other extreme circumstances.
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and its rules and regulations
hereunder.
(21) To take any other action as may be reasonable
or appropriate to enforce this Act and rules and
regulations hereunder.
(d) The Board may seek and shall receive the cooperation
of the Department of State Police in conducting background
investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Department of State Police as a result of such cooperation
shall be paid by the Board in conformance with the
requirements of Section 2605-400 of the Department of State
Police Law (20 ILCS 2605/2605-400).
(e) The Board must authorize to each investigator and to
any other employee of the Board exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Board and (ii)
contains a unique identifying number. No other badge shall
be authorized by the Board.
(Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
revised 8-9-99.)
Section 105. The Illinois Vehicle Code is amended by
changing Sections 2-115, 13-107, and 18c-1205 as follows:
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose of more
effectively carrying out the provisions of the laws in
relation to motor vehicles, shall have power to appoint such
number of investigators as he may deem necessary. It shall
be the duty of such investigators to investigate and enforce
violations of the provisions of this Act administered by the
Secretary of State and provisions of Chapters 11, 12, 13, 14
and 15 and to investigate and report any violation by any
person who operates as a motor carrier of property as defined
in Section 18-100 of this Act and does not hold a valid
certificate or permit. Such investigators shall have and may
exercise throughout the State all of the powers of peace
officers.
No person may be retained in service as an investigator
under this Section after he has reached 60 years of age.
The Secretary of State must authorize to each
investigator employed under this Section and to any other
employee of the Office of the Secretary of State exercising
the powers of a peace officer a distinct badge that, on its
face, (i) clearly states that the badge is authorized by the
Office of the Secretary of State and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Office of the Secretary of State.
(b) The Secretary may expend such sums as he deems
necessary from Contractual Services appropriations for the
Department of Police for the purchase of evidence, for the
employment of persons to obtain evidence, and for the payment
for any goods or services related to obtaining evidence.
Such sums shall be advanced to investigators authorized by
the Secretary to expend funds, on vouchers signed by the
Secretary. In addition, the Secretary of State is authorized
to maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain
evidence, or for the payment for any goods or services
related to obtaining evidence; provided that no check may be
written on nor any withdrawal made from any such account
except on the written signatures of 2 persons designated by
the Secretary to write such checks and make such withdrawals,
and provided further that the balance of moneys on deposit in
any such account shall not exceed $5,000 at any time, nor
shall any one check written on or single withdrawal made from
any such account exceed $5,000.
All fines or moneys collected or received by the
Department of Police under any State or federal forfeiture
statute; including, but not limited to moneys forfeited under
Section 12 of the Cannabis Control Act and moneys distributed
under Section 413 of the Illinois Controlled Substances Act,
shall be deposited into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act,
the Court may order restitution to the Secretary of any or
all sums expended for the purchase of evidence, for the
employment of persons to obtain evidence, and for the payment
for any goods or services related to obtaining evidence. All
such restitution received by the Secretary shall be deposited
into the Secretary of State Evidence Fund. Moneys deposited
into the fund shall, subject to appropriation, be used by the
Secretary of State for the purposes provided for under the
provisions of this Section.
(Source: P.A. 87-993; 88-517.)
(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official
testing stations. The Department shall, upon its own motion,
or upon charges made in writing verified under oath,
investigate complaints that an official testing station is
willfully falsifying records or tests, either for the purpose
of selling parts or services not actually required, or for
the purpose of issuing a certificate of safety for a second
division vehicle or medical transport vehicle that is not in
safe mechanical condition as determined by the standards of
this Chapter in violation of the provisions of this Chapter
or of the rules and regulations issued by the Department.
The Secretary of Transportation, for the purpose of more
effectively carrying out the provisions of Chapter 13, may
appoint such a number of inspectors as he may deem necessary.
Such inspectors shall inspect and investigate applicants for
official testing station permits and investigate and report
violations. With respect to enforcement of the provisions of
this Chapter 13, such inspectors shall have and may exercise
throughout the State all the powers of police officers.
The Secretary must authorize to each inspector and to any
other employee of the Department exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
(Source: P.A. 82-433.)
(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205. Qualifications of Transportation
Compliance Program Staff.
(1) General provisions. The manager of the
Transportation Division shall establish and adhere to written
professional standards and procedures for the employment,
education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and
procedures shall include:
(a) Merit standards and procedures, and education
requirements, applicable to State troopers, and training
requirements at least equivalent to that received from a
police training school approved by the Illinois Law
Enforcement Training Standards Board, together with such
additional qualifications as are needed under this
Chapter, for all nonclerical field operations personnel;
(b) Successful completion of an accredited
accounting or transportation-related education program,
or at least 4 years experience in motor carrier rate
analysis or auditing, plus such additional qualifications
as are needed under this Chapter, for all nonclerical
rate auditing personnel; and
(c) Successful completion of an accredited legal or
paralegal education program, or equivalent administrative
law experience, plus such additional qualifications as
are needed under this Chapter, for all nonclerical civil
penalties program personnel.
(2) Merit Selection Committee. Standards and procedures
under this Section for police shall include the establishment
of one or more merit selection committees, each composed of
one Commission employee and no fewer than 3, nor more than 5,
persons who are not employed by the Commission, each of whom
shall from time to time be designated by the division
manager, subject to the approval of the Commission. The
division manager shall submit a list of candidates to the
committee or subcommittee thereof for its consideration. The
committee or subcommittee thereof shall interview each
candidate on the list and rate those interviewed as "most
qualified", "qualified", or "not qualified". The committee
shall recommend candidates rated "most qualified" and
"qualified" to the division manager. In filling positions to
which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all
persons rated "most qualified" have been offered the position
and each failed to accept the offer within the time specified
by the division manager in the offer, the position may be
offered to a person rated "qualified". Only persons rated
"most qualified" or "qualified" shall be offered positions
within the Compliance Program.
(3) The Commission shall authorize to each employee of
the Commission exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states the
badge is authorized by the Commission and (ii) contains a
unique identifying number. No other badge shall be
authorized by the Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 110. The State's Attorneys Appellate
Prosecutor's Act is amended by changing Section 7.06 as
follows:
(725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
Sec. 7.06. (a) The Director may hire no more than 12
investigators to provide investigative services in criminal
cases and tax objection cases for staff counsel and county
state's attorneys. Investigators may be authorized by the
board to carry tear gas gun projectors or bombs, pistols,
revolvers, stun guns, tasers or other firearms.
Subject to the qualifications set forth below,
investigators shall be peace officers and shall have all the
powers possessed by policemen in cities and by sheriffs;
provided, that investigators shall exercise such powers
anywhere in the State only after contact and in cooperation
with the appropriate local law enforcement agencies.
No investigator shall have peace officer status or
exercise police powers unless he or she successfully
completes the basic police training course mandated and
approved by the Illinois Law Enforcement Training Standards
Board or such board waives the training requirement by reason
of the investigator's prior law enforcement experience or
training or both.
The board shall not waive the training requirement unless
the investigator has had a minimum of 5 years experience as a
sworn officer of a local, state or federal law enforcement
agency, 2 of which shall have been in an investigatory
capacity.
(b) The Director must authorize to each investigator
employed under this Section and to any other employee of the
Office exercising the powers of a peace officer a distinct
badge that, on its face, (i) clearly states that the badge is
authorized by the Office and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Office.
(Source: P.A. 87-677; 88-586, eff. 8-12-94.)
Section 115. The Unified Code of Corrections is amended
by adding Section 3-2-10 as follows:
(730 ILCS 5/3-2-10 new)
Sec. 3-2-10. Badges. The Director must authorize to each
correctional officer and parole officer and to any other
employee of the Department exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and
(ii) contains a unique identifying number. No other badge
shall be authorized by the Department.
INDEX
Statutes amended in order of appearance
15 ILCS 205/4c from Ch. 14, par. 4c
20 ILCS 205/205-435 new
20 ILCS 405/405-330 new
20 ILCS 510/510-200 was 20 ILCS 510/65.2
20 ILCS 801/1-30 new
20 ILCS 1305/1-30 new
20 ILCS 1505/1505-205 new
20 ILCS 2105/2105-330 new
20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1
20 ILCS 2605/2605-55 new
20 ILCS 2910/1 from Ch. 127 1/2, par. 501
110 ILCS 305/7 from Ch. 144, par. 28
110 ILCS 520/8 from Ch. 144, par. 658
110 ILCS 660/5-45
110 ILCS 665/10-45
110 ILCS 670/15-45
110 ILCS 675/20-45
110 ILCS 680/25-45
110 ILCS 685/30-45
110 ILCS 690/35-45
230 ILCS 10/5 from Ch. 120, par. 2405
625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115
625 ILCS 5/13-107 from Ch. 95 1/2, par. 13-107
625 ILCS 5/18c-1205 from Ch. 95 1/2, par. 18c-1205
725 ILCS 210/7.06 from Ch. 14, par. 207.06
730 ILCS 5/3-2-10 new
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