State of Illinois
91st General Assembly
Legislation

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SB1874 Engrossed                              LRB9112814MWcsC

 1        AN  ACT concerning the exercise of police powers by State
 2    employees.

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

 5        Section 5.   The  Attorney  General  Act  is  amended  by
 6    changing Section 4c as follows:

 7        (15 ILCS 205/4c) (from Ch. 14, par. 4c)
 8        Sec.  4c.  (a) Subject  to  the  qualifications set forth
 9    below, investigators employed by the Attorney  General  shall
10    be  peace officers and shall have all the powers possessed by
11    policemen in cities and by sheriffs; provided, that  Attorney
12    General's  investigators may exercise such powers anywhere in
13    the State in cooperation with  and  after  contact  with  the
14    local law enforcement officials.
15        No  investigator  employed  by the Attorney General shall
16    have peace officer status or exercise police powers unless he
17    or she  successfully  completes  the  basic  police  training
18    course  mandated and approved by the Illinois Law Enforcement
19    Training Standards Board or such board  waives  the  training
20    requirement   by  reason  of  the  investigator's  prior  law
21    enforcement experience or training or both.
22        The board shall not waive the training requirement unless
23    the investigator has had a minimum of 5 years experience as a
24    sworn officer of a local, state or  federal  law  enforcement
25    agency,  2  of  which  shall  have  been  in an investigatory
26    capacity.
27        (b)  The  Attorney  General  must   authorize   to   each
28    investigator  employed  under  this  Section and to any other
29    employee exercising the powers of peace officers  a  distinct
30    badge  that,  on  its  face,  (i)  clearly  states that it is
31    authorized by the Office of the  Attorney  General  and  (ii)
 
SB1874 Engrossed            -2-               LRB9112814MWcsC
 1    contains  a  unique identifying number.  No other badge shall
 2    be authorized by the Office of the Attorney General.
 3    (Source: P.A. 90-540, eff. 12-1-97.)

 4        Section 10.  The Department of  Agriculture  Law  of  the
 5    Civil  Administrative  Code  of Illinois is amended by adding
 6    Section 205-435 as follows:

 7        (20 ILCS 205/205-435 new)
 8        Sec. 205-435.  Badges. The  Director  must  authorize  to
 9    each Inspector of the Department and to any other employee of
10    the  Department  exercising  the  powers of a peace officer a
11    distinct badge that, on its face, (i) clearly states that the
12    badge is authorized by the Department  and  (ii)  contains  a
13    unique   identifying   number.    No  other  badge  shall  be
14    authorized by the Department.

15        Section  15.  The  Department   of   Central   Management
16    Services  Law of the Civil Administrative Code of Illinois is
17    amended by adding Section 405-330 as follows:

18        (20 ILCS 405/405-330 new)
19        Sec. 405-330.  Badges. The  Director  must  authorize  to
20    each member of the police and security force and to any other
21    employee  of  the Department exercising the powers of a peace
22    officer a distinct badge  that,  on  its  face,  (i)  clearly
23    states  that  the  badge  is authorized by the Department and
24    (ii) contains a unique identifying number.   No  other  badge
25    shall be authorized by the Department.

26        Section  20.   The   Department  of  Children  and Family
27    Services Powers Law  of  the  Civil  Administrative  Code  of
28    Illinois is amended by changing Section 510-200 as follows:
 
SB1874 Engrossed            -3-               LRB9112814MWcsC
 1        (20 ILCS 510/510-200) (was 20 ILCS 510/65.2)
 2        Sec. 510-200.  Police and security force.
 3        (a) The  Department  has the power to appoint, subject to
 4    the Personnel Code, persons to be members  of  a  police  and
 5    security  force.  Members  of  the  police and security force
 6    shall be peace officers and as such have all powers possessed
 7    by policemen in cities and sheriffs, including the  power  to
 8    make  arrests  on  view or on warrants of violations of State
 9    statutes or city or  county  ordinances.  These  powers  may,
10    however,  be  exercised only in counties of more than 500,000
11    population when required for  the  protection  of  Department
12    properties,  interests,  and  personnel  or when specifically
13    requested by  appropriate  State  or  local  law  enforcement
14    officials.  Members  of the police and security force may not
15    serve and execute civil process.
16        (b)  The Director must authorize to each  member  of  the
17    police  and  security  force and to any other employee of the
18    Department  exercising  the  powers  of  a  peace  officer  a
19    distinct badge that, on its face, (i) clearly states that the
20    badge is authorized by the Department  and  (ii)  contains  a
21    unique   identifying   number.    No  other  badge  shall  be
22    authorized by the Department.
23    (Source: P.A. 91-239, eff. 1-1-00.)

24        Section 25.  The Department of Natural Resources  Act  is
25    amended by adding Section 1-30 as follows:

26        (20 ILCS 801/1-30 new)
27        Sec.  1-30.  Badges.  The Director must authorize to each
28    Conservation Police Officer and to any other employee of  the
29    Department  exercising  the  powers  of  a  peace  officer  a
30    distinct badge that, on its face, (i) clearly states that the
31    badge  is  authorized  by  the Department and (ii) contains a
32    unique identifying number. No other badge shall be authorized
 
SB1874 Engrossed            -4-               LRB9112814MWcsC
 1    by the Department.

 2        Section 30.  The Department  of  Human  Services  Act  is
 3    amended by adding Section 1-30 as follows:

 4        (20 ILCS 1305/1-30 new)
 5        Sec.  1-30.  Badges. The Secretary must authorize to each
 6    employee of the Department exercising the powers of  a  peace
 7    officer  a  distinct  badge  that,  on  its face, (i) clearly
 8    states that the badge is authorized  by  the  Department  and
 9    (ii)  contains  a  unique  identifying number. No other badge
10    shall be authorized by the Department.

11        Section 35.  The Department of Labor  Law  of  the  Civil
12    Administrative  Code of Illinois is amended by adding Section
13    1505-205 as follows:

14        (20 ILCS 1505/1505-205 new)
15        Sec. 1505-205.  Badges. The Director must authorize  each
16    employee  of  the Department exercising the powers of a peace
17    officer a distinct badge  that,  on  its  face,  (i)  clearly
18    states  that  the  badge  is authorized by the Department and
19    (ii) contains a unique identifying  number.  No  other  badge
20    shall be authorized by the Department.

21        Section  40.  The  Department  of Professional Regulation
22    Law of the Civil Administrative Code of Illinois  is  amended
23    by adding Section 2105-330 as follows:

24        (20 ILCS 2105/2105-330 new)
25        Sec.  2105-330.  Badges.  The  Director must authorize to
26    each agent, officer, investigator, and peace officer  and  to
27    any other employee of the Department exercising the powers of
28    a  peace  officer  a  distinct  badge  that, on its face, (i)
 
SB1874 Engrossed            -5-               LRB9112814MWcsC
 1    clearly states that the badge is authorized by the Department
 2    and (ii) contains a unique identifying number. No other badge
 3    shall be authorized by the Department.

 4        Section 45.  The Department of Revenue Law of  the  Civil
 5    Administrative  Code  of  Illinois  is  amended  by  changing
 6    Section 2505-305 as follows:

 7        (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
 8        Sec. 2505-305.  Investigators.
 9        (a)  The    Department   has   the   power   to   appoint
10    investigators  to  conduct  all   investigations,   searches,
11    seizures,   arrests,  and  other  duties  imposed  under  the
12    provisions of any law administered  by  the  Department.  The
13    investigators  have  and may exercise all the powers of peace
14    officers solely for the purpose of enforcing taxing  measures
15    administered by the Department.
16        (b)  The  Director  must  authorize  to each investigator
17    employed under this Section and to any other employee of  the
18    Department  exercising  the  powers  of  a  peace  officer  a
19    distinct badge that, on its face, (i) clearly states that the
20    badge  is  authorized  by  the Department and (ii) contains a
21    unique identifying number. No other badge shall be authorized
22    by the Department.
23    (Source: P.A. 91-239, eff. 1-1-00.)

24        Section 50.  The Department of State Police  Law  of  the
25    Civil  Administrative  Code  of Illinois is amended by adding
26    Section 2605-55 as follows:

27        (20 ILCS 2605/2605-55 new)
28        Sec. 2605-55.  Badges. The  Director  must  authorize  to
29    each  State  trooper, police officer, and investigator and to
30    any other employee of the Department exercising the powers of
 
SB1874 Engrossed            -6-               LRB9112814MWcsC
 1    a peace officer a distinct  badge  that,  on  its  face,  (i)
 2    clearly states that the badge is authorized by the Department
 3    and (ii) contains a unique identifying number. No other badge
 4    shall be authorized by the Department.

 5        Section  55.  The Peace Officer Fire Investigation Act is
 6    amended by changing Section 1 as follows:

 7        (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
 8        Sec. 1.  Peace Officer Status.
 9        (a) Any person who is a sworn member of any organized and
10    paid fire department of a political subdivision of this State
11    and is authorized to investigate fires or explosions for such
12    political subdivision, or who is employed by  the  Office  of
13    the  State  Fire  Marshal  to determine the cause, origin and
14    circumstances of such fires or explosions that are  suspected
15    to  be  arson or arson-related crimes, may be classified as a
16    peace  officer  by  the  political  subdivision   or   agency
17    employing  such  person. A person so classified shall possess
18    the same  powers  of  arrest,  search  and  seizure  and  the
19    securing and service of warrants as sheriffs of counties, and
20    police  officers  within  the jurisdiction of their political
21    subdivision. While in the actual  investigation  and  matters
22    incident  thereto,  such  person  may carry weapons as may be
23    necessary,  but  only  if  that  person  has   satisfactorily
24    completed  (1)  a training program offered or approved by the
25    Illinois  Law  Enforcement  Training  Standards  Board  which
26    substantially conforms to standards promulgated  pursuant  to
27    the  Illinois  Police Training Act and "An Act in relation to
28    firearms training for peace officers",  approved  August  29,
29    1975,  as  amended; or in the case of employees of the Office
30    of the State Fire Marshal, a training course approved by  the
31    Department  of State Police which also substantially conforms
32    to standards promulgated pursuant to "An Act in  relation  to
 
SB1874 Engrossed            -7-               LRB9112814MWcsC
 1    firearms  training  for  peace officers", approved August 29,
 2    1975, as  amended;  and  (2)  a  course  in  fire  and  arson
 3    investigation  approved  by  the  Office  of  the  State Fire
 4    Marshal pursuant to the  Illinois  Fire  Protection  Training
 5    Act.   Such training need not include exposure to vehicle and
 6    traffic law, traffic control and accident  investigation,  or
 7    first  aid, but shall include training in the law relating to
 8    the rights of persons suspected of  involvement  in  criminal
 9    activities.
10        Any  person granted the powers enumerated in this Section
11    may exercise such powers only during the actual investigation
12    of the cause, origin  and  circumstances  of  such  fires  or
13    explosions  that  are  suspected to be arson or arson-related
14    crimes.
15        (b)  The  State  Fire  Marshal  must  authorize  to  each
16    employee of the Office of  the  State  Fire  Marshal  who  is
17    exercising  the  powers  of  a peace officer a distinct badge
18    that, on its face, (i)  clearly  states  that  the  badge  is
19    authorized  by  the Office of the State Fire Marshal and (ii)
20    contains a unique identifying number.  No other  badge  shall
21    be authorized by the Office of the State Fire Marshal.
22    (Source: P.A. 88-586, eff. 8-12-94.)

23        Section 60.  The University of Illinois Act is amended by
24    changing Section 7 as follows:

25        (110 ILCS 305/7) (from Ch. 144, par. 28)
26        Sec. 7.  Powers of trustees.
27        (a)  The  trustees  shall  have  power to provide for the
28    requisite buildings, apparatus, and conveniences; to fix  the
29    rates   for   tuition;   to   appoint   such  professors  and
30    instructors, and to establish and provide for the  management
31    of  such  model  farms,  model art, and other departments and
32    professorships, as may be required  to  teach,  in  the  most
 
SB1874 Engrossed            -8-               LRB9112814MWcsC
 1    thorough  manner, such branches of learning as are related to
 2    agriculture and the  mechanic  arts,  and  military  tactics,
 3    without excluding other scientific and classical studies. The
 4    trustees  shall,  upon  the  written  request  of an employee
 5    withhold from the compensation of  that  employee  any  dues,
 6    payments  or  contributions  payable  by such employee to any
 7    labor organization as defined  in  the  Illinois  Educational
 8    Labor Relations Act.  Under such arrangement, an amount shall
 9    be  withheld  from each regular payroll period which is equal
10    to the pro rata share of the annual dues plus any payments or
11    contributions,  and  the   trustees   shall   transmit   such
12    withholdings  to  the  specified labor organization within 10
13    working days from the time  of  the  withholding.   They  may
14    accept   the   endowments  and  voluntary  professorships  or
15    departments in the University, from any person or persons  or
16    corporations  who  may  offer  the  same, and, at any regular
17    meeting of the board, may prescribe rules and regulations  in
18    relation  to  such  endowments  and  declare  on what general
19    principles they may be admitted: Provided, that such  special
20    voluntary   endowments   or   professorships   shall  not  be
21    incompatible with the true design and scope  of  the  act  of
22    congress,  or of this Act: Provided, that no student shall at
23    any time be allowed to remain in or about the  University  in
24    idleness,  or  without  full mental or industrial occupation:
25    And provided further, that the trustees, in the  exercise  of
26    any of the powers conferred by this Act, shall not create any
27    liability or indebtedness in excess of the funds in the hands
28    of  the  treasurer  of the University at the time of creating
29    such liability or indebtedness, and which  may  be  specially
30    and properly applied to the payment of the same. Any lease to
31    the  trustees  of  lands,  buildings or facilities which will
32    support scientific research and development in such areas  as
33    high    technology,    super   computing,   microelectronics,
34    biotechnology, robotics, physics and engineering shall be for
 
SB1874 Engrossed            -9-               LRB9112814MWcsC
 1    a term not to exceed 18 years, and may grant to the  trustees
 2    the  option  to  purchase the lands, buildings or facilities.
 3    The lease shall recite that it is subject to termination  and
 4    cancellation in any year for which the General Assembly fails
 5    to  make  an  appropriation to pay the rent payable under the
 6    terms of the lease.
 7        Leases for the  purposes  described  herein  exceeding  5
 8    years shall have the approval of the Illinois Board of Higher
 9    Education.
10        The  Board  of  Trustees  may, directly or in cooperation
11    with other  institutions  of  higher  education,  acquire  by
12    purchase  or  lease  or  otherwise,  and  construct, enlarge,
13    improve, equip, complete, operate, control and manage medical
14    research  and  high  technology  parks,  together  with   the
15    necessary   lands,   buildings,   facilities,  equipment  and
16    personal property therefor, to encourage and  facilitate  (a)
17    the  location and development of business and industry in the
18    State of Illinois, and  (b)  the  increased  application  and
19    development   of  technology  and  (c)  the  improvement  and
20    development of the State's economy. The Board of Trustees may
21    lease to nonprofit corporations all or any part of the  land,
22    buildings,  facilities,  equipment or other property included
23    in a medical research and  high  technology  park  upon  such
24    terms  and  conditions as the University of Illinois may deem
25    advisable and enter into any contract or agreement with  such
26    nonprofit  corporations  as  may be necessary or suitable for
27    the construction, financing, operation  and  maintenance  and
28    management  of  any  such  park; and may lease to any person,
29    firm, partnership or corporation, either public  or  private,
30    any  part or all of the land, building, facilities, equipment
31    or other property of such park for  such  purposes  and  upon
32    such rentals, terms and conditions as the University may deem
33    advisable;  and  may  finance  all or part of the cost of any
34    such  park,  including  the  purchase,  lease,  construction,
 
SB1874 Engrossed            -10-              LRB9112814MWcsC
 1    reconstruction, improvement,  remodeling,  addition  to,  and
 2    extension  and  maintenance  of  all  or  part  of  such high
 3    technology  park,  and  all  equipment  and  furnishings,  by
 4    legislative  appropriations,  government  grants,  contracts,
 5    private gifts, loans, receipts from  the  operation  of  such
 6    high  technology  park, rentals and similar receipts; and may
 7    make its other facilities and services available  to  tenants
 8    or  other  occupants  of  any  such  park  at rates which are
 9    reasonable and appropriate.
10        The Trustees  shall  have  power  (a)  to  purchase  real
11    property  and easements, and (b) to acquire real property and
12    easements in the manner provided by law for the  exercise  of
13    the  right  of  eminent domain, and in the event negotiations
14    for the acquisition of real property or easements for  making
15    any  improvement  which  the  Trustees are authorized to make
16    shall have proven unsuccessful and the Trustees shall have by
17    resolution adopted a schedule or plan of  operation  for  the
18    execution  of  the project and therein made a finding that it
19    is necessary to take such property or  easements  immediately
20    or  at  some specified later date in order to comply with the
21    schedule, the Trustees may acquire such property or easements
22    in the same manner provided in Sections 7-103  through  7-112
23    of the Code of Civil Procedure.
24        The Board of Trustees also shall have power to agree with
25    the State's Attorney of the county in which any properties of
26    the  Board  are  located  to pay for services rendered by the
27    various taxing districts for the years 1944 through 1949  and
28    to  pay  annually  for  services  rendered thereafter by such
29    district such sums as may be determined  by  the  Board  upon
30    properties  used  solely for income producing purposes, title
31    to which is held by said Board of Trustees,  upon  properties
32    leased to members of the staff of the University of Illinois,
33    title  to  which  is held in trust for said Board of Trustees
34    and upon properties leased to for-profit entities  the  title
 
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 1    to  which  properties  is  held  by  the Board of Trustees. A
 2    certified copy of any such agreement made  with  the  State's
 3    Attorney  shall  be filed with the County Clerk and such sums
 4    shall be distributed to the respective  taxing  districts  by
 5    the  County  Collector  in  such proportions that each taxing
 6    district will receive therefrom such proportion  as  the  tax
 7    rate of such taxing district bears to the total tax rate that
 8    would  be  levied  against  such  properties if they were not
 9    exempt from taxation under the Property Tax Code.
10        The Board of Trustees  of  the  University  of  Illinois,
11    subject  to  the  applicable  civil  service law, may appoint
12    persons to be members of the University  of  Illinois  Police
13    Department.  Members  of the Police Department shall be peace
14    officers and as such have all powers possessed  by  policemen
15    in  cities, and sheriffs, including the power to make arrests
16    on view or warrants of violations of state statutes and  city
17    or  county  ordinances,  except  that  they may exercise such
18    powers only in counties wherein the University and any of its
19    branches or properties are located when such is required  for
20    the  protection  of  university properties and interests, and
21    its  students  and  personnel,  and  otherwise,  within  such
22    counties, when requested by appropriate state  or  local  law
23    enforcement  officials;  provided, however, that such officer
24    shall have no power to serve and execute civil processes.
25        The Board of Trustees must authorize to  each  member  of
26    the University of Illinois Police Department and to any other
27    employee  of the University of Illinois exercising the powers
28    of a peace officer a distinct badge that, on  its  face,  (i)
29    clearly states that the badge is authorized by the University
30    of Illinois and (ii) contains a unique identifying number. No
31    other   badge  shall  be  authorized  by  the  University  of
32    Illinois.
33        The Board of Trustees may own, operate, or govern, by  or
34    through  the  College  of  Medicine at Peoria, a managed care
 
SB1874 Engrossed            -12-              LRB9112814MWcsC
 1    community network established under subsection (r) of Section
 2    5-16.3 of the Illinois Public Aid Code.
 3        The powers of  the  trustees  as  herein  designated  are
 4    subject  to  the  provisions  of  "An Act creating a Board of
 5    Higher Education, defining its powers and duties,  making  an
 6    appropriation  therefor,  and repealing an Act herein named",
 7    approved August 22, 1961, as amended.
 8        The Board of Trustees shall have the authority  to  adopt
 9    all  administrative  rules  which  may  be  necessary for the
10    effective administration, enforcement and regulation  of  all
11    matters   for   which   the   Board   has   jurisdiction   or
12    responsibility.
13        (b)  To   assist   in  the  provision  of  buildings  and
14    facilities  beneficial  to,  useful  for,  or  supportive  of
15    University purposes, the Board of Trustees of the  University
16    of  Illinois may exercise the following powers with regard to
17    the area located on or adjacent to the University of Illinois
18    at Chicago campus and bounded as  follows:  on  the  West  by
19    Morgan Street; on the North by Roosevelt Road; on the East by
20    Union Street; and on the South by 16th Street, in the City of
21    Chicago:
22             (1)  Acquire  any  interests  in land, buildings, or
23        facilities by purchase,  including  installments  payable
24        over  a  period  allowed  by law, by lease over a term of
25        such duration as the Board of Trustees  shall  determine,
26        or by exercise of the power of eminent domain;
27             (2)  Sub-lease   or  contract  to  purchase  through
28        installments  all  or  any  portion   of   buildings   or
29        facilities  for  such  duration  and on such terms as the
30        Board of Trustees shall determine, including a term  that
31        exceeds  5  years,  provided  that  each  such  lease  or
32        purchase  contract  shall  be and shall recite that it is
33        subject to termination and cancellation in any  year  for
34        which the General Assembly fails to make an appropriation
 
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 1        to  pay  the  rent or purchase installments payable under
 2        the terms of such lease or purchase contract; and
 3             (3)  Sell property without compliance with the State
 4        Property  Control  Act  and  retain   proceeds   in   the
 5        University  Treasury  in  a special, separate development
 6        fund account which the Auditor General shall  examine  to
 7        assure compliance with this Act.
 8    Any buildings or facilities to be developed on the land shall
 9    be  buildings or facilities that, in the determination of the
10    Board of Trustees, in whole or in part: (i) are  for  use  by
11    the  University;  or  (ii) otherwise advance the interests of
12    the University, including, by  way  of  example,  residential
13    facilities  for  University staff and students and commercial
14    facilities which provide services needed  by  the  University
15    community.  Revenues from the development fund account may be
16    withdrawn by the University for the purpose of demolition and
17    the  processes  associated  with demolition; routine land and
18    property acquisition;  extension  of  utilities;  streetscape
19    work;   landscape   work;   surface  and  structure  parking;
20    sidewalks, recreational paths, and street  construction;  and
21    lease  and  lease  purchase arrangements and the professional
22    services associated with the planning and development of  the
23    area.   Moneys from the development fund account used for any
24    other purpose must be deposited into  and  appropriated  from
25    the  General Revenue Fund.  Buildings or facilities leased to
26    an entity or person other than the University  shall  not  be
27    subject  to  any  limitations applicable to a State supported
28    college or university under any law.  All development on  the
29    land  and  all  use  of  any buildings or facilities shall be
30    subject to the control and approval of the Board of Trustees.
31    (Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.)

32        Section 65.  The Southern Illinois University  Management
33    Act is amended by changing Section 8 as follows:
 
SB1874 Engrossed            -14-              LRB9112814MWcsC
 1        (110 ILCS 520/8) (from Ch. 144, par. 658)
 2        Sec. 8.  Powers and Duties of the Board.  The Board shall
 3    have power and it shall be its duty:
 4        1.  To   make   rules,   regulations   and  by-laws,  not
 5    inconsistent with law, for the government and  management  of
 6    Southern Illinois University and its branches;
 7        2.  To employ, and, for good cause, to remove a president
 8    of  Southern  Illinois  University,  and all necessary deans,
 9    professors,  associate  professors,   assistant   professors,
10    instructors,   and   other   educational  and  administrative
11    assistants, and all other necessary employees,  and  contract
12    with  them  upon  matters  relating  to  tenure, salaries and
13    retirement benefits in accordance with the State Universities
14    Civil Service Act; the Board shall, upon the written  request
15    of an employee of Southern Illinois University, withhold from
16    the  compensation  of  that  employee  any  dues, payments or
17    contributions  payable  by  such  employee   to   any   labor
18    organization  as  defined  in  the Illinois Educational Labor
19    Relations Act. Under such arrangement,  an  amount  shall  be
20    withheld  from  each regular payroll period which is equal to
21    the pro rata share of the annual dues plus  any  payments  or
22    contributions, and the Board shall transmit such withholdings
23    to  the  specified  labor organization within 10 working days
24    from  the  time  of  the  withholding.  Whenever  the   Board
25    establishes  a  search  committee  to  fill  the  position of
26    president of Southern Illinois  University,  there  shall  be
27    minority  representation,  including  women,  on  that search
28    committee;
29        3.  To prescribe the course of study to be followed,  and
30    textbooks  and  apparatus  to  be  used  at Southern Illinois
31    University;
32        4.  To issue upon  the  recommendation  of  the  faculty,
33    diplomas to such persons as have satisfactorily completed the
34    required  studies of Southern Illinois University, and confer
 
SB1874 Engrossed            -15-              LRB9112814MWcsC
 1    such  professional  and  literary  degrees  as  are   usually
 2    conferred by other institutions of like character for similar
 3    or equivalent courses of study, or such as the Board may deem
 4    appropriate;
 5        5.  To  examine  into  the  conditions,  management,  and
 6    administration  of  Southern  Illinois University, to provide
 7    the requisite buildings, apparatus, equipment  and  auxiliary
 8    enterprises,  and  to  fix  and  collect  matriculation fees;
 9    tuition fees; fees for student activities; fees  for  student
10    facilities such as student union buildings or field houses or
11    stadium  or  other  recreational  facilities; student welfare
12    fees; laboratory fees  and  similar  fees  for  supplies  and
13    material;
14        6.  To  succeed  to  and  to administer all trusts, trust
15    property, and gifts now or hereafter belonging or  pertaining
16    to Southern Illinois University;
17        7.  To accept endowments of professorships or departments
18    in  the  University from any person who may proffer them and,
19    at regular meetings, to prescribe rules  and  regulations  in
20    relation to endowments and declare on what general principles
21    they may be accepted;
22        8.  To  enter  into contracts with the Federal government
23    for providing courses of instruction and  other  services  at
24    Southern  Illinois  University for persons serving in or with
25    the military or naval forces of the  United  States,  and  to
26    provide such courses of instruction and other services;
27        9.  To  provide  for  the  receipt  and  expenditures  of
28    Federal  funds,  paid  to the Southern Illinois University by
29    the Federal government for instruction and other services for
30    persons serving in or with the military or  naval  forces  of
31    the United States and to provide for audits of such funds;
32        10.  To  appoint, subject to the applicable civil service
33    law,  persons  to  be  members  of  the   Southern   Illinois
34    University   Police   Department.   Members   of  the  Police
 
SB1874 Engrossed            -16-              LRB9112814MWcsC
 1    Department shall be conservators of the  peace  and  as  such
 2    have  all  powers  possessed  by  policemen  in  cities,  and
 3    sheriffs,  including  the  power  to  make arrests on view or
 4    warrants of violations of state  statutes,  university  rules
 5    and  regulations  and  city or county ordinances, except that
 6    they may exercise such powers only  within  counties  wherein
 7    the  university  and  any  of  its branches or properties are
 8    located  when  such  is  required  for  the   protection   of
 9    university  properties  and  interests,  and its students and
10    personnel,  and  otherwise,  within   such   counties,   when
11    requested  by  appropriate  State  or  local  law enforcement
12    officials. However, such officers  shall  have  no  power  to
13    serve and execute civil processes.
14        The  Board  must authorize to each member of the Southern
15    Illinois  University  Police  Department  and  to  any  other
16    employee  of  Southern  Illinois  University  exercising  the
17    powers of a peace officer a distinct badge that, on its face,
18    (i) clearly states that the badge is authorized  by  Southern
19    Illinois  University  and  (ii) contains a unique identifying
20    number.  No other  badge  shall  be  authorized  by  Southern
21    Illinois University.
22        11.  To  administer  a  plan  or plans established by the
23    clinical faculty of the School of Medicine for  the  billing,
24    collection  and  disbursement  of  charges made by individual
25    faculty members for professional services performed  by  them
26    in   the   course   of   or  in  support  of  their  academic
27    responsibilities, provided that  such  plan  has  been  first
28    approved  by  Board  action.  All  such  collections shall be
29    deposited into a special fund or funds  administered  by  the
30    Board  from  which disbursements may be made according to the
31    provisions of said plan. The reasonable  costs  incurred,  by
32    the  University,  administering  the  billing, collection and
33    disbursement provisions of a plan shall have  first  priority
34    for payment before distribution or disbursement for any other
 
SB1874 Engrossed            -17-              LRB9112814MWcsC
 1    purpose.  Charges  established  pursuant to this plan must be
 2    itemized in any billing and any amounts collected  which  are
 3    not  used to off-set the cost of operating or maintaining the
 4    activity  which  generated  the  funds  collected,  must   be
 5    accounted  for  separately. This accounting must clearly show
 6    the use and application made of the funds and the Board shall
 7    report such accountings for the previous fiscal year  to  the
 8    Legislative  Audit Commission annually by December 31 of each
 9    fiscal year.
10        The Board of Trustees may own, operate, or govern, by  or
11    through  the  School  of  Medicine,  a managed care community
12    network established under subsection (r) of Section 5-16.3 of
13    the Illinois Public Aid Code.
14        12.  The  Board  of  Trustees   may,   directly   or   in
15    cooperation  with  other  institutions  of  higher education,
16    acquire by purchase or lease  or  otherwise,  and  construct,
17    enlarge,  improve,  equip,  complete,  operate,  control  and
18    manage  medical  research and high technology parks, together
19    with the necessary lands, buildings,  facilities,  equipment,
20    and  personal  property therefor, to encourage and facilitate
21    (a) the location and development of business and industry  in
22    the  State of Illinois, and (b) the increased application and
23    development  of  technology  and  (c)  the  improvement   and
24    development  of  the  State's economy.  The Board of Trustees
25    may lease to nonprofit corporations all or any  part  of  the
26    land,  buildings,  facilities,  equipment  or  other property
27    included in a medical research and high technology park  upon
28    such  terms  and conditions as the Board of Trustees may deem
29    advisable and enter into any contract or agreement with  such
30    nonprofit  corporations  as  may be necessary or suitable for
31    the construction, financing, operation  and  maintenance  and
32    management  of  any  such  park; and may lease to any person,
33    firm, partnership or corporation, either public  or  private,
34    any  part or all of the land, building, facilities, equipment
 
SB1874 Engrossed            -18-              LRB9112814MWcsC
 1    or other property of such park for  such  purposes  and  upon
 2    such  rentals,  terms and conditions as the Board of Trustees
 3    may deem advisable; and may finance all or part of  the  cost
 4    of   any   such   park,   including   the   purchase,  lease,
 5    construction,   reconstruction,   improvement,    remodeling,
 6    addition  to, and extension and maintenance of all or part of
 7    such high technology park, and all equipment and furnishings,
 8    by legislative appropriations, government grants,  contracts,
 9    private  gifts,  loans,  receipts  from the operation of such
10    high technology park, rentals and similar receipts;  and  may
11    make  its  other facilities and services available to tenants
12    or other occupants of  any  such  park  at  rates  which  are
13    reasonable and appropriate.
14        The  powers of the Board as herein designated are subject
15    to the  Board of Higher Education Act.
16    (Source: P.A. 87-378; 88-554, eff. 7-26-94.)

17        Section 70.  The Chicago State University Law is  amended
18    by changing Section 5-45 as follows:

19        (110 ILCS 660/5-45)
20        Sec. 5-45.  Powers and duties.  The Board also shall have
21    power and it shall be its duty:
22        (1)  To   make   rules,   regulations   and  bylaws,  not
23    inconsistent with law, for the government and  management  of
24    Chicago State University and its branches;
25        (2)  To   employ,  and,  for  good  cause,  to  remove  a
26    President of Chicago  State  University,  and  all  necessary
27    deans,    professors,    associate    professors,   assistant
28    professors, instructors, other educational and administrative
29    assistants,  and  all  other  necessary  employees,  and   to
30    prescribe  their  duties  and contract with them upon matters
31    relating to  tenure,  salaries  and  retirement  benefits  in
32    accordance  with  the  State  Universities Civil Service Act.
 
SB1874 Engrossed            -19-              LRB9112814MWcsC
 1    Whenever the Board establishes a search committee to fill the
 2    position of President  of  Chicago  State  University,  there
 3    shall  be  minority  representation, including women, on that
 4    search committee.  The Board shall, upon the written  request
 5    of an employee of Chicago State University, withhold from the
 6    compensation   of   that   employee  any  dues,  payments  or
 7    contributions  payable  by  such  employee   to   any   labor
 8    organization  as  defined  in  the Illinois Educational Labor
 9    Relations Act.  Under such arrangement, an  amount  shall  be
10    withheld  from  each regular payroll period which is equal to
11    the pro rata share of the annual dues plus  any  payments  or
12    contributions, and the Board shall transmit such withholdings
13    to  the  specified  labor organization within 10 working days
14    from the time of the withholding;
15        (3)  To prescribe the courses of study  to  be  followed,
16    and  textbooks  and  apparatus  to  be  used at Chicago State
17    University;
18        (4)  To issue upon the  recommendation  of  the  faculty,
19    diplomas to such persons as have satisfactorily completed the
20    required studies of Chicago State University, and confer such
21    professional and literary degrees as are usually conferred by
22    other   institutions   of   like  character  for  similar  or
23    equivalent courses of study, or such as the  Board  may  deem
24    appropriate;
25        (5)  To  examine  into  the  conditions,  management, and
26    administration of Chicago State University,  to  provide  the
27    requisite   buildings,  apparatus,  equipment  and  auxiliary
28    enterprises, and  to  fix  and  collect  matriculation  fees;
29    tuition  fees;  fees for student activities; fees for student
30    facilities such as student union buildings or field houses or
31    stadia or  other  recreational  facilities;  student  welfare
32    fees;  laboratory  fees;  and  similar  fees for supplies and
33    materials. The expense of the building, improving,  repairing
34    and supplying fuel and furniture and the necessary appliances
 
SB1874 Engrossed            -20-              LRB9112814MWcsC
 1    and  apparatus  for  conducting Chicago State University, the
 2    reimbursed expenses of members of the Board, and the salaries
 3    or compensation of  the  President,  assistants,  agents  and
 4    other  employees  of  Chicago  State  University,  shall be a
 5    charge upon the State Treasury.  All other expenses shall  be
 6    chargeable against students, and the Board shall regulate the
 7    charges accordingly;
 8        (6)  To  succeed  to  and to administer all trusts, trust
 9    property, and gifts now or hereafter belonging or  pertaining
10    to Chicago State University;
11        (7)  To    accept   endowments   of   professorships   or
12    departments in Chicago State University from any  person  who
13    may proffer them and, at regular meetings, to prescribe rules
14    and regulations in relation to endowments and declare on what
15    general principles they may be accepted;
16        (8)  To  enter into contracts with the Federal government
17    for providing courses of instruction and  other  services  at
18    Chicago  State  University for persons serving in or with the
19    military or naval forces of the United States, and to provide
20    such courses of instruction and other services;
21        (9)  To contract with respect to the Cooperative Computer
22    Center  to  obtain  services  related  to   electronic   data
23    processing;
24        (10)  To  provide  for  the  receipt  and expenditures of
25    Federal funds paid to Chicago State University by the Federal
26    government for instruction and  other  services  for  persons
27    serving in or with the military or naval forces of the United
28    States, and to provide for audits of such funds;
29        (11)  To appoint, subject to the applicable civil service
30    law,  persons  to  be members of the Chicago State University
31    Police Department. Members of the Police Department shall  be
32    conservators  of  the  peace  and  as  such  have  all powers
33    possessed by policemen in cities, and sheriffs, including the
34    power to make arrests on view or warrants  of  violations  of
 
SB1874 Engrossed            -21-              LRB9112814MWcsC
 1    State  statutes, University rules and regulations and city or
 2    county ordinances, except that they may exercise such  powers
 3    only within counties wherein Chicago State University and any
 4    of  its  branches  or  properties  are  located  when such is
 5    required for the  protection  of  University  properties  and
 6    interests,  and  its  students  and personnel, and otherwise,
 7    within such counties, when requested by appropriate State  or
 8    local law enforcement officials. However, such officers shall
 9    have no power to serve and execute civil processes.;
10        The  Board  must  authorize to each member of the Chicago
11    State University Police Department and to any other  employee
12    of  Chicago State University exercising the powers of a peace
13    officer a distinct badge  that,  on  its  face,  (i)  clearly
14    states   that  the  badge  is  authorized  by  Chicago  State
15    University and (ii) contains a unique identifying  number  on
16    its face. No other badge shall be authorized by Chicago State
17    University;
18        (12)  The  Board  may,  directly  or  in cooperation with
19    other institutions of higher education, acquire  by  purchase
20    or  lease  or  otherwise,  and  construct,  enlarge, improve,
21    equip, complete, operate, control  and  manage  research  and
22    high  technology  parks,  together  with the necessary lands,
23    buildings,  facilities,  equipment,  and  personal   property
24    therefor,  to  encourage  and facilitate (i) the location and
25    development  of  business  and  industry  in  the  State   of
26    Illinois,  and (ii) the increased application and development
27    of technology, and (iii) the improvement and  development  of
28    the  State's  economy.   The  Board  may  lease  to nonprofit
29    corporations  all  or  any  part  of  the  land,   buildings,
30    facilities,   equipment  or  other  property  included  in  a
31    research  and  high  technology  park  upon  such  terms  and
32    conditions as the Board may deem advisable and enter into any
33    contract or agreement with such nonprofit corporations as may
34    be necessary or suitable  for  the  construction,  financing,
 
SB1874 Engrossed            -22-              LRB9112814MWcsC
 1    operation  and  maintenance  and management of any such park;
 2    and  may  lease  to  any   person,   firm,   partnership   or
 3    corporation, either public or private, any part or all of the
 4    land,  building,  facilities,  equipment or other property of
 5    such park for such purposes and upon such rentals, terms  and
 6    conditions  as  the Board may deem advisable; and may finance
 7    all or part of the cost  of  any  such  park,  including  the
 8    purchase,  lease,  construction, reconstruction, improvement,
 9    remodeling, addition to, and extension and maintenance of all
10    or part of such high technology park, and all  equipment  and
11    furnishings,   by   legislative   appropriations,  government
12    grants, contracts, private gifts, loans,  receipts  from  the
13    operation  of  such high technology park, rentals and similar
14    receipts; and may make  its  other  facilities  and  services
15    available  to  tenants or other occupants of any such park at
16    rates which are reasonable and appropriate.
17    (Source: P.A. 89-4, eff. 1-1-96.)

18        Section 75.   The  Eastern  Illinois  University  Law  is
19    amended by changing Section 10-45 as follows:

20        (110 ILCS 665/10-45)
21        Sec. 10-45.  Powers and duties.
22        (a)  The  Board also shall have power and it shall be its
23    duty:
24             (1)  To make  rules,  regulations  and  bylaws,  not
25        inconsistent  with law, for the government and management
26        of Eastern Illinois University and its branches.
27             (2)  To employ, and, for good  cause,  to  remove  a
28        President   of   Eastern  Illinois  University,  and  all
29        necessary  deans,   professors,   associate   professors,
30        assistant  professors, instructors, other educational and
31        administrative  assistants,  and  all   other   necessary
32        employees,  and  to  prescribe  their duties and contract
 
SB1874 Engrossed            -23-              LRB9112814MWcsC
 1        with them upon matters relating to tenure,  salaries  and
 2        retirement   benefits   in   accordance  with  the  State
 3        Universities  Civil  Service  Act.   Whenever  the  Board
 4        establishes a search committee to fill  the  position  of
 5        President  of Eastern Illinois University, there shall be
 6        minority representation, including women, on that  search
 7        committee.   The Board shall, upon the written request of
 8        an employee of Eastern Illinois University, withhold from
 9        the compensation of that employee any dues,  payments  or
10        contributions  payable  by  such  employee  to  any labor
11        organization as defined in the Illinois Educational Labor
12        Relations Act.  Under such arrangement, an  amount  shall
13        be  withheld  from  each  regular payroll period which is
14        equal to the pro rata share of the annual dues  plus  any
15        payments  or  contributions, and the Board shall transmit
16        such withholdings to  the  specified  labor  organization
17        within 10 working days from the time of the withholding.
18             (3)  To   prescribe  the  courses  of  study  to  be
19        followed, and textbooks  and  apparatus  to  be  used  at
20        Eastern Illinois University.
21             (4)  To   issue   upon  the  recommendation  of  the
22        faculty, diplomas to such persons as have  satisfactorily
23        completed   the  required  studies  of  Eastern  Illinois
24        University, and confer  such  professional  and  literary
25        degrees as are usually conferred by other institutions of
26        like  character  for  similar  or  equivalent  courses of
27        study, or such as the Board may deem appropriate.
28             (5)  To examine into the conditions, management, and
29        administration of Eastern Illinois University, to provide
30        the  requisite  buildings,   apparatus,   equipment   and
31        auxiliary   enterprises,   and   to   fix   and   collect
32        matriculation   fees;  tuition  fees;  fees  for  student
33        activities; fees for student facilities such  as  student
34        union  buildings  or  field  houses  or  stadia  or other
 
SB1874 Engrossed            -24-              LRB9112814MWcsC
 1        recreational facilities; student welfare fees; laboratory
 2        fees; and similar fees for supplies  and  materials.  The
 3        expense   of   the  building,  improving,  repairing  and
 4        supplying fuel and furniture and the necessary appliances
 5        and apparatus for conducting Eastern Illinois University,
 6        the reimbursed expenses of members of the Board, and  the
 7        salaries  or  compensation  of the President, assistants,
 8        agents  and   other   employees   of   Eastern   Illinois
 9        University,  shall  be  a charge upon the State Treasury.
10        All other expenses shall be chargeable against  students,
11        and the Board shall regulate the charges accordingly.
12             (6)  To  succeed  to  and  to administer all trusts,
13        trust property, and gifts now or hereafter  belonging  or
14        pertaining to Eastern Illinois University.
15             (7)  To   accept  endowments  of  professorships  or
16        departments  in  Eastern  Illinois  University  from  any
17        person who may proffer them and, at regular meetings,  to
18        prescribe rules and regulations in relation to endowments
19        and  declare  on  what  general  principles  they  may be
20        accepted.
21             (8)  To  enter  into  contracts  with  the   Federal
22        government for providing courses of instruction and other
23        services  at  Eastern  Illinois  University  for  persons
24        serving  in  or  with the military or naval forces of the
25        United States, and to provide such courses of instruction
26        and other services.
27             (9)  To contract with  respect  to  the  Cooperative
28        Computer  Center to obtain services related to electronic
29        data processing.
30             (10)  To provide for the receipt and expenditures of
31        Federal funds paid to Eastern Illinois University by  the
32        Federal government for instruction and other services for
33        persons  serving  in or with the military or naval forces
34        of the United States, and to provide for audits  of  such
 
SB1874 Engrossed            -25-              LRB9112814MWcsC
 1        funds.
 2             (11)  To  appoint,  subject  to the applicable civil
 3        service  law,  persons  to  be  members  of  the  Eastern
 4        Illinois University Police  Department.  Members  of  the
 5        Police  Department shall be conservators of the peace and
 6        as such have all powers possessed by policemen in cities,
 7        and sheriffs, including the power to make arrests on view
 8        or warrants of violations of State  statutes,  University
 9        rules  and  regulations  and  city  or county ordinances,
10        except that they may exercise  such  powers  only  within
11        counties  wherein  Eastern Illinois University and any of
12        its branches or  properties  are  located  when  such  is
13        required  for the protection of University properties and
14        interests, and its students and personnel, and otherwise,
15        within such counties, when requested by appropriate State
16        or  local  law  enforcement  officials.   However,   such
17        officers  shall  have no power to serve and execute civil
18        processes.
19        The Board must authorize to each member  of  the  Eastern
20    Illinois  University  Police  Department  and  to  any  other
21    employee of Eastern Illinois University exercising the powers
22    of  a  peace  officer a distinct badge that, on its face, (i)
23    clearly states  that  the  badge  is  authorized  by  Eastern
24    Illinois  University  and  (ii) contains a unique identifying
25    number.  No  other  badge  shall  be  authorized  by  Eastern
26    Illinois University.
27        (b)  The Board may, directly or in cooperation with other
28    institutions of higher  education,  acquire  by  purchase  or
29    lease  or  otherwise, and construct, enlarge, improve, equip,
30    complete, operate,  control  and  manage  research  and  high
31    technology   parks,   together   with  the  necessary  lands,
32    buildings,  facilities,  equipment,  and  personal   property
33    therefor,  to  encourage  and facilitate (i) the location and
34    development  of  business  and  industry  in  the  State   of
 
SB1874 Engrossed            -26-              LRB9112814MWcsC
 1    Illinois,  and (ii) the increased application and development
 2    of technology, and (iii) the improvement and  development  of
 3    the  State's  economy.   The  Board  may  lease  to nonprofit
 4    corporations  all  or  any  part  of  the  land,   buildings,
 5    facilities,   equipment  or  other  property  included  in  a
 6    research  and  high  technology  park  upon  such  terms  and
 7    conditions as the Board may deem advisable and enter into any
 8    contract or agreement with such nonprofit corporations as may
 9    be necessary or suitable  for  the  construction,  financing,
10    operation  and  maintenance  and management of any such park;
11    and  may  lease  to  any   person,   firm,   partnership   or
12    corporation, either public or private, any part or all of the
13    land,  building,  facilities,  equipment or other property of
14    such park for such purposes and upon such rentals, terms  and
15    conditions  as  the Board may deem advisable; and may finance
16    all or part of the cost  of  any  such  park,  including  the
17    purchase,  lease,  construction, reconstruction, improvement,
18    remodeling, addition to, and extension and maintenance of all
19    or part of such high technology park, and all  equipment  and
20    furnishings,   by   legislative   appropriations,  government
21    grants, contracts, private gifts, loans,  receipts  from  the
22    operation  of  such high technology park, rentals and similar
23    receipts; and may make  its  other  facilities  and  services
24    available  to  tenants or other occupants of any such park at
25    rates which are reasonable and appropriate.
26        (c)  The Board may sell the following described  property
27    without  compliance  with  the State Property Control Act and
28    retain the proceeds in the University treasury in a  special,
29    separate  development  fund  account that the Auditor General
30    shall examine to assure compliance with this Law:
31        Lots 511 and 512 in Heritage Woods V,  Charleston,  Coles
32        County, Illinois.
33    Revenues  from  the development fund account may be withdrawn
34    by the University for the purpose of upgrading the  on-campus
 
SB1874 Engrossed            -27-              LRB9112814MWcsC
 1    formal  reception facility.  Moneys from the development fund
 2    account used for any other purpose must be deposited into and
 3    appropriated from the General Revenue Fund.
 4    (Source: P.A. 91-251, eff. 7-22-99.)

 5        Section  80.   The  Governors  State  University  Law  is
 6    amended by changing Section 15-45 as follows:

 7        (110 ILCS 670/15-45)
 8        Sec. 15-45.  Powers and duties.   The  Board  also  shall
 9    have power and it shall be its duty:
10        (1)  To   make   rules,   regulations   and  bylaws,  not
11    inconsistent with law, for the government and  management  of
12    Governors State University and its branches;
13        (2)  To   employ,  and,  for  good  cause,  to  remove  a
14    President of Governors State University,  and  all  necessary
15    deans,    professors,    associate    professors,   assistant
16    professors, instructors, other educational and administrative
17    assistants,  and  all  other  necessary  employees,  and   to
18    prescribe  their  duties  and contract with them upon matters
19    relating to  tenure,  salaries  and  retirement  benefits  in
20    accordance  with  the  State  Universities Civil Service Act.
21    Whenever the Board establishes a search committee to fill the
22    position of President of Governors  State  University,  there
23    shall  be  minority  representation, including women, on that
24    search committee.  The Board shall, upon the written  request
25    of  an  employee of Governors State University, withhold from
26    the compensation of  that  employee  any  dues,  payments  or
27    contributions   payable   by   such  employee  to  any  labor
28    organization as defined in  the  Illinois  Educational  Labor
29    Relations  Act.   Under  such arrangement, an amount shall be
30    withheld from each regular payroll period which is  equal  to
31    the  pro  rata  share of the annual dues plus any payments or
32    contributions, and the Board shall transmit such withholdings
 
SB1874 Engrossed            -28-              LRB9112814MWcsC
 1    to the specified labor organization within  10  working  days
 2    from the time of the withholding;
 3        (3)  To  prescribe  the  courses of study to be followed,
 4    and textbooks and apparatus to be  used  at  Governors  State
 5    University;
 6        (4)  To  issue  upon  the  recommendation of the faculty,
 7    diplomas to such persons as have satisfactorily completed the
 8    required studies of Governors State  University,  and  confer
 9    such   professional  and  literary  degrees  as  are  usually
10    conferred by other institutions of like character for similar
11    or equivalent courses of study, or such as the Board may deem
12    appropriate;
13        (5)  To examine  into  the  conditions,  management,  and
14    administration  of Governors State University, to provide the
15    requisite  buildings,  apparatus,  equipment  and   auxiliary
16    enterprises,  and  to  fix  and  collect  matriculation fees;
17    tuition fees; fees for student activities; fees  for  student
18    facilities such as student union buildings or field houses or
19    stadia  or  other  recreational  facilities;  student welfare
20    fees; laboratory fees; and  similar  fees  for  supplies  and
21    materials.  The expense of the building, improving, repairing
22    and supplying fuel and furniture and the necessary appliances
23    and apparatus for conducting Governors State University,  the
24    reimbursed expenses of members of the Board, and the salaries
25    or  compensation  of  the  President,  assistants, agents and
26    other employees of Governors State  University,  shall  be  a
27    charge  upon the State Treasury.  All other expenses shall be
28    chargeable against students, and the Board shall regulate the
29    charges accordingly;
30        (6)  To succeed to and to administer  all  trusts,  trust
31    property,  and gifts now or hereafter belonging or pertaining
32    to Governors State University;
33        (7)  To   accept   endowments   of   professorships    or
34    departments in Governors State University from any person who
 
SB1874 Engrossed            -29-              LRB9112814MWcsC
 1    may proffer them and, at regular meetings, to prescribe rules
 2    and regulations in relation to endowments and declare on what
 3    general principles they may be accepted;
 4        (8)  To  enter into contracts with the Federal government
 5    for providing courses of instruction and  other  services  at
 6    Governors State University for persons serving in or with the
 7    military or naval forces of the United States, and to provide
 8    such courses of instruction and other services;
 9        (9)  To  operate,  maintain, and contract with respect to
10    the Cooperative Computer Center for its own purposes  and  to
11    provide  services  related  to  electronic data processing to
12    other  public  and  private  colleges  and  universities,  to
13    governmental   agencies,   and   to   public    or    private
14    not-for-profit  agencies;  and  to  examine  the  conditions,
15    management,  and  administration  of the Cooperative Computer
16    Center;
17        (10)  To provide for  the  receipt  and  expenditures  of
18    Federal  funds  paid  to  Governors  State  University by the
19    Federal government for instruction  and  other  services  for
20    persons  serving  in  or with the military or naval forces of
21    the United States, and to provide for audits of such funds;
22        (11)  To appoint, subject to the applicable civil service
23    law, persons to be members of the Governors State  University
24    Police  Department. Members of the Police Department shall be
25    conservators of  the  peace  and  as  such  have  all  powers
26    possessed by policemen in cities, and sheriffs, including the
27    power  to  make  arrests on view or warrants of violations of
28    State statutes, University rules and regulations and city  or
29    county  ordinances, except that they may exercise such powers
30    only within counties wherein Governors State  University  and
31    any  of  its  branches or properties are located when such is
32    required for the  protection  of  University  properties  and
33    interests,  and  its  students  and personnel, and otherwise,
34    within such counties, when requested by appropriate State  or
 
SB1874 Engrossed            -30-              LRB9112814MWcsC
 1    local law enforcement officials. However, such officers shall
 2    have no power to serve and execute civil processes.;
 3        The  Board must authorize to each member of the Governors
 4    State University Police Department and to any other  employee
 5    of  Governors  State  University  exercising  the powers of a
 6    peace officer a distinct badge that, on its face, (i) clearly
 7    states that  the  badge  is  authorized  by  Governors  State
 8    University  and (ii) contains a unique identifying number. No
 9    other  badge  shall  be   authorized   by   Governors   State
10    University;
11        (12)  The  Board  may,  directly  or  in cooperation with
12    other institutions of higher education, acquire  by  purchase
13    or  lease  or  otherwise,  and  construct,  enlarge, improve,
14    equip, complete, operate, control  and  manage  research  and
15    high  technology  parks,  together  with the necessary lands,
16    buildings,  facilities,  equipment,  and  personal   property
17    therefor,  to  encourage  and facilitate (i) the location and
18    development  of  business  and  industry  in  the  State   of
19    Illinois,  and (ii) the increased application and development
20    of technology, and (iii) the improvement and  development  of
21    the  State's  economy.   The  Board  may  lease  to nonprofit
22    corporations  all  or  any  part  of  the  land,   buildings,
23    facilities,   equipment  or  other  property  included  in  a
24    research  and  high  technology  park  upon  such  terms  and
25    conditions as the Board may deem advisable and enter into any
26    contract or agreement with such nonprofit corporations as may
27    be necessary or suitable  for  the  construction,  financing,
28    operation  and  maintenance  and management of any such park;
29    and  may  lease  to  any   person,   firm,   partnership   or
30    corporation, either public or private, any part or all of the
31    land,  building,  facilities,  equipment or other property of
32    such park for such purposes and upon such rentals, terms  and
33    conditions  as  the Board may deem advisable; and may finance
34    all or part of the cost  of  any  such  park,  including  the
 
SB1874 Engrossed            -31-              LRB9112814MWcsC
 1    purchase,  lease,  construction, reconstruction, improvement,
 2    remodeling, addition to, and extension and maintenance of all
 3    or part of such high technology park, and all  equipment  and
 4    furnishings,   by   legislative   appropriations,  government
 5    grants, contracts, private gifts, loans,  receipts  from  the
 6    operation  of  such high technology park, rentals and similar
 7    receipts; and may make  its  other  facilities  and  services
 8    available  to  tenants or other occupants of any such park at
 9    rates which are reasonable and appropriate.
10    (Source: P.A. 89-4, eff. 1-1-96.)

11        Section 85.  The Illinois State University Law is amended
12    by changing Section 20-45 as follows:

13        (110 ILCS 675/20-45)
14        Sec. 20-45.  Powers and duties.   The  Board  also  shall
15    have power and it shall be its duty:
16        (1)  To   make   rules,   regulations   and  bylaws,  not
17    inconsistent with law, for the government and  management  of
18    Illinois State University and its branches;
19        (2)  To   employ,  and,  for  good  cause,  to  remove  a
20    President of Illinois State  University,  and  all  necessary
21    deans,    professors,    associate    professors,   assistant
22    professors, instructors, other educational and administrative
23    assistants,  and  all  other  necessary  employees,  and   to
24    prescribe  their  duties  and contract with them upon matters
25    relating to  tenure,  salaries  and  retirement  benefits  in
26    accordance  with  the  State  Universities Civil Service Act.
27    Whenever the Board establishes a search committee to fill the
28    position of President of  Illinois  State  University,  there
29    shall  be  minority  representation, including women, on that
30    search committee.  The Board shall, upon the written  request
31    of  an  employee  of Illinois State University, withhold from
32    the compensation of  that  employee  any  dues,  payments  or
 
SB1874 Engrossed            -32-              LRB9112814MWcsC
 1    contributions   payable   by   such  employee  to  any  labor
 2    organization as defined in  the  Illinois  Educational  Labor
 3    Relations  Act.   Under  such arrangement, an amount shall be
 4    withheld from each regular payroll period which is  equal  to
 5    the  pro  rata  share of the annual dues plus any payments or
 6    contributions, and the Board shall transmit such withholdings
 7    to the specified labor organization within  10  working  days
 8    from the time of the withholding;
 9        (3)  To  prescribe  the  courses of study to be followed,
10    and textbooks and apparatus to  be  used  at  Illinois  State
11    University;
12        (4)  To  issue  upon  the  recommendation of the faculty,
13    diplomas to such persons as have satisfactorily completed the
14    required studies of Illinois  State  University,  and  confer
15    such   professional  and  literary  degrees  as  are  usually
16    conferred by other institutions of like character for similar
17    or equivalent courses of study, or such as the Board may deem
18    appropriate;
19        (5)  To examine  into  the  conditions,  management,  and
20    administration  of  Illinois State University, to provide the
21    requisite  buildings,  apparatus,  equipment  and   auxiliary
22    enterprises,  and  to  fix  and  collect  matriculation fees;
23    tuition fees; fees for student activities; fees  for  student
24    facilities such as student union buildings or field houses or
25    stadia  or  other  recreational  facilities;  student welfare
26    fees; laboratory fees; and  similar  fees  for  supplies  and
27    materials.  The expense of the building, improving, repairing
28    and supplying fuel and furniture and the necessary appliances
29    and apparatus for conducting Illinois State  University,  the
30    reimbursed expenses of members of the Board, and the salaries
31    or  compensation  of  the  President,  assistants, agents and
32    other employees of Illinois  State  University,  shall  be  a
33    charge  upon the State Treasury.  All other expenses shall be
34    chargeable against students, and the Board shall regulate the
 
SB1874 Engrossed            -33-              LRB9112814MWcsC
 1    charges accordingly;
 2        (6)  To succeed to and to administer  all  trusts,  trust
 3    property,  and gifts now or hereafter belonging or pertaining
 4    to Illinois State University;
 5        (7)  To   accept   endowments   of   professorships    or
 6    departments  in Illinois State University from any person who
 7    may proffer them and, at regular meetings, to prescribe rules
 8    and regulations in relation to endowments and declare on what
 9    general principles they may be accepted;
10        (8)  To enter into contracts with the Federal  government
11    for  providing  courses  of instruction and other services at
12    Illinois State University for persons serving in or with  the
13    military or naval forces of the United States, and to provide
14    such courses of instruction and other services;
15        (9)  To contract with respect to the Cooperative Computer
16    Center   to   obtain  services  related  to  electronic  data
17    processing;
18        (10)  To provide for  the  receipt  and  expenditures  of
19    Federal  funds  paid  to  Illinois  State  University  by the
20    Federal government for instruction  and  other  services  for
21    persons  serving  in  or with the military or naval forces of
22    the United States, and to provide for audits of such funds;
23        (11)  To appoint, subject to the applicable civil service
24    law, persons to be members of the Illinois  State  University
25    Police  Department. Members of the Police Department shall be
26    conservators of  the  peace  and  as  such  have  all  powers
27    possessed by policemen in cities, and sheriffs, including the
28    power  to  make  arrests on view or warrants of violations of
29    State statutes, University rules and regulations and city  or
30    county  ordinances, except that they may exercise such powers
31    only within counties wherein Illinois  State  University  and
32    any  of  its  branches or properties are located when such is
33    required for the  protection  of  University  properties  and
34    interests,  and  its  students  and personnel, and otherwise,
 
SB1874 Engrossed            -34-              LRB9112814MWcsC
 1    within such counties, when requested by appropriate State  or
 2    local law enforcement officials. However, such officers shall
 3    have no power to serve and execute civil processes.;
 4        The  Board  must authorize to each member of the Illinois
 5    State University Police Department and to any other  employee
 6    of Illinois State University exercising the powers of a peace
 7    officer  a  distinct  badge  that,  on  its face, (i) clearly
 8    states  that  the  badge  is  authorized  by  Illinois  State
 9    University and (ii) contains a unique identifying number.  No
10    other badge shall be authorized by Illinois State University;
11        (12)  The  Board  may,  directly  or  in cooperation with
12    other institutions of higher education, acquire  by  purchase
13    or  lease  or  otherwise,  and  construct,  enlarge, improve,
14    equip, complete, operate, control  and  manage  research  and
15    high  technology  parks,  together  with the necessary lands,
16    buildings,  facilities,  equipment,  and  personal   property
17    therefor,  to  encourage  and facilitate (i) the location and
18    development  of  business  and  industry  in  the  State   of
19    Illinois,  and (ii) the increased application and development
20    of technology, and (iii) the improvement and  development  of
21    the  State's  economy.   The  Board  may  lease  to nonprofit
22    corporations  all  or  any  part  of  the  land,   buildings,
23    facilities,   equipment  or  other  property  included  in  a
24    research  and  high  technology  park  upon  such  terms  and
25    conditions as the Board may deem advisable and enter into any
26    contract or agreement with such nonprofit corporations as may
27    be necessary or suitable  for  the  construction,  financing,
28    operation  and  maintenance  and management of any such park;
29    and  may  lease  to  any   person,   firm,   partnership   or
30    corporation, either public or private, any part or all of the
31    land,  building,  facilities,  equipment or other property of
32    such park for such purposes and upon such rentals, terms  and
33    conditions  as  the Board may deem advisable; and may finance
34    all or part of the cost  of  any  such  park,  including  the
 
SB1874 Engrossed            -35-              LRB9112814MWcsC
 1    purchase,  lease,  construction, reconstruction, improvement,
 2    remodeling, addition to, and extension and maintenance of all
 3    or part of such high technology park, and all  equipment  and
 4    furnishings,   by   legislative   appropriations,  government
 5    grants, contracts, private gifts, loans,  receipts  from  the
 6    operation  of  such high technology park, rentals and similar
 7    receipts; and may make  its  other  facilities  and  services
 8    available  to  tenants or other occupants of any such park at
 9    rates which are reasonable and appropriate;
10        (13)  To assist in the provision of lands, buildings, and
11    facilities that are supportive  of  university  purposes  and
12    suitable and appropriate for the conduct and operation of the
13    university's  education  programs,  the  Board of Trustees of
14    Illinois State University may exercise the  powers  specified
15    in  subparagraphs  (a),  (b),  and (c) of this paragraph (13)
16    with regard to the following described property located  near
17    the Normal, Illinois campus of Illinois State University:
18        Parcel  1:   Approximately  300 acres that form a part of
19        the  Illinois  State  University  Farm  in  Section   20,
20        Township  24  North,  Range 2 East of the Third Principal
21        Meridian in McLean County, Illinois.
22        Parcels 2 and 3:  Lands located in the Northeast Quadrant
23        of the City of Normal in  McLean  County,  Illinois,  one
24        such parcel consisting of approximately 150 acres located
25        north  and  east of the old Illinois Soldiers and Sailors
26        Children's  School  campus,  and  another  such   parcel,
27        located in the Northeast Quadrant of the old Soldiers and
28        Sailors   Children's   School   Campus,   consisting   of
29        approximately 1.03.
30             (a)  The  Board  of  Trustees  may  sell,  lease, or
31        otherwise transfer and convey all or part  of  the  above
32        described  parcels  of  real  estate,  together  with the
33        improvements situated thereon, to a bona  fide  purchaser
34        for  value,  without  compliance  with the State Property
 
SB1874 Engrossed            -36-              LRB9112814MWcsC
 1        Control Act and on such terms as the  Board  of  Trustees
 2        shall  determine  are  in  the best interests of Illinois
 3        State University and  consistent  with  its  objects  and
 4        purposes.
 5             (b)  The  Board  of Trustees may retain the proceeds
 6        from the sale, lease, or other transfer  of  all  or  any
 7        part of the above described parcels of real estate in the
 8        University  treasury,  in a special, separate development
 9        fund account that the Auditor General  shall  examine  to
10        assure  the  use or deposit of those proceeds in a manner
11        consistent with the provisions  of  subparagraph  (c)  of
12        this paragraph (13).
13             (c)  Moneys from the development fund account may be
14        used   by   the  Board  of  Trustees  of  Illinois  State
15        University to acquire and develop other land  to  achieve
16        the  same  purposes  for which the parcels of real estate
17        described in this item (13), all or a part of which  have
18        been sold, leased, or otherwise transferred and conveyed,
19        were  used  and  for  the  purpose  of demolition and the
20        processes associated  with  demolition  on  the  acquired
21        land.   Moneys from the development fund account used for
22        any other purpose must be deposited into and appropriated
23        from the General Revenue Fund.  Buildings  or  facilities
24        leased  to  an entity or person other than the University
25        shall not be subject to any limitations applicable  to  a
26        State-supported college or university under any law.  All
27        development  on the land and all the use of any buildings
28        or  facilities  shall  be  subject  to  the  control  and
29        approval of the  Board  of  Trustees  of  Illinois  State
30        University.
31    (Source: P.A. 91-396, eff. 7-30-99.)

32        Section  90.  The Northeastern Illinois University Law is
33    amended by changing Section 25-45 as follows:
 
SB1874 Engrossed            -37-              LRB9112814MWcsC
 1        (110 ILCS 680/25-45)
 2        Sec. 25-45.  Powers and duties.   The  Board  also  shall
 3    have power and it shall be its duty:
 4        (1)  To   make   rules,   regulations   and  bylaws,  not
 5    inconsistent with law, for the government and  management  of
 6    Northeastern Illinois University and its branches;
 7        (2)  To   employ,  and,  for  good  cause,  to  remove  a
 8    President  of  Northeastern  Illinois  University,  and   all
 9    necessary  deans, professors, associate professors, assistant
10    professors, instructors, other educational and administrative
11    assistants,  and  all  other  necessary  employees,  and   to
12    prescribe  their  duties  and contract with them upon matters
13    relating to  tenure,  salaries  and  retirement  benefits  in
14    accordance  with  the  State  Universities Civil Service Act.
15    Whenever the Board establishes a search committee to fill the
16    position of President of  Northeastern  Illinois  University,
17    there  shall  be minority representation, including women, on
18    that search committee.  The Board  shall,  upon  the  written
19    request  of  an employee of Northeastern Illinois University,
20    withhold from the compensation of  that  employee  any  dues,
21    payments  or  contributions  payable  by such employee to any
22    labor organization as defined  in  the  Illinois  Educational
23    Labor Relations Act.  Under such arrangement, an amount shall
24    be  withheld  from each regular payroll period which is equal
25    to the pro rata share of the annual dues plus any payments or
26    contributions, and the Board shall transmit such withholdings
27    to the specified labor organization within  10  working  days
28    from the time of the withholding;
29        (3)  To  prescribe  the  courses of study to be followed,
30    and textbooks  and  apparatus  to  be  used  at  Northeastern
31    Illinois University;
32        (4)  To  issue  upon  the  recommendation of the faculty,
33    diplomas to such persons as have satisfactorily completed the
34    required studies of  Northeastern  Illinois  University,  and
 
SB1874 Engrossed            -38-              LRB9112814MWcsC
 1    confer  such professional and literary degrees as are usually
 2    conferred by other institutions of like character for similar
 3    or equivalent courses of study, or such as the Board may deem
 4    appropriate;
 5        (5)  To examine  into  the  conditions,  management,  and
 6    administration   of   Northeastern  Illinois  University,  to
 7    provide the requisite  buildings,  apparatus,  equipment  and
 8    auxiliary  enterprises,  and to fix and collect matriculation
 9    fees; tuition fees; fees for  student  activities;  fees  for
10    student  facilities  such as student union buildings or field
11    houses or stadia or other  recreational  facilities;  student
12    welfare  fees; laboratory fees; and similar fees for supplies
13    and  materials.  The  expense  of  the  building,  improving,
14    repairing and supplying fuel and furniture and the  necessary
15    appliances and apparatus for conducting Northeastern Illinois
16    University,  the reimbursed expenses of members of the Board,
17    and  the  salaries  or   compensation   of   the   President,
18    assistants,   agents  and  other  employees  of  Northeastern
19    Illinois  University,  shall  be  a  charge  upon  the  State
20    Treasury.  All other expenses  shall  be  chargeable  against
21    students,   and   the   Board   shall  regulate  the  charges
22    accordingly;
23        (6)  To succeed to and to administer  all  trusts,  trust
24    property,  and gifts now or hereafter belonging or pertaining
25    to Northeastern Illinois University;
26        (7)  To   accept   endowments   of   professorships    or
27    departments  in  Northeastern  Illinois  University  from any
28    person who may proffer them  and,  at  regular  meetings,  to
29    prescribe rules and regulations in relation to endowments and
30    declare on what general principles they may be accepted;
31        (8)  To  enter into contracts with the Federal government
32    for providing courses of instruction and  other  services  at
33    Northeastern  Illinois  University  for persons serving in or
34    with the military or naval forces of the United  States,  and
 
SB1874 Engrossed            -39-              LRB9112814MWcsC
 1    to provide such courses of instruction and other services;
 2        (9)  To contract with respect to the Cooperative Computer
 3    Center   to   obtain  services  related  to  electronic  data
 4    processing;
 5        (10)  To provide for  the  receipt  and  expenditures  of
 6    Federal funds paid to Northeastern Illinois University by the
 7    Federal  government  for  instruction  and other services for
 8    persons serving in or with the military or  naval  forces  of
 9    the United States, and to provide for audits of such funds;
10        (11)  To appoint, subject to the applicable civil service
11    law,  persons  to  be  members  of  the Northeastern Illinois
12    University  Police  Department.   Members   of   the   Police
13    Department  shall  be  conservators  of the peace and as such
14    have  all  powers  possessed  by  policemen  in  cities,  and
15    sheriffs, including the power to  make  arrests  on  view  or
16    warrants  of  violations  of State statutes, University rules
17    and regulations and city or county  ordinances,  except  that
18    they  may  exercise  such powers only within counties wherein
19    Northeastern Illinois University and any of its  branches  or
20    properties   are  located  when  such  is  required  for  the
21    protection of University properties and  interests,  and  its
22    students  and personnel, and otherwise, within such counties,
23    when requested by appropriate State or local law  enforcement
24    officials.  However,  such  officers  shall  have no power to
25    serve and execute civil processes.;
26        The  Board  must  authorize  to  each   member   of   the
27    Northeastern Illinois University Police Department and to any
28    other employee of Northeastern Illinois University exercising
29    the  powers  of a peace officer a distinct badge that, on its
30    face, (i) clearly states that  the  badge  is  authorized  by
31    Northeastern  Illinois  University and (ii) contains a unique
32    identifying number. No other badge  shall  be  authorized  by
33    Northeastern Illinois University;
34        (12)  The  Board  may,  directly  or  in cooperation with
 
SB1874 Engrossed            -40-              LRB9112814MWcsC
 1    other institutions of higher education, acquire  by  purchase
 2    or  lease  or  otherwise,  and  construct,  enlarge, improve,
 3    equip, complete, operate, control  and  manage  research  and
 4    high  technology  parks,  together  with the necessary lands,
 5    buildings,  facilities,  equipment,  and  personal   property
 6    therefor,  to  encourage  and facilitate (i) the location and
 7    development  of  business  and  industry  in  the  State   of
 8    Illinois,  and (ii) the increased application and development
 9    of technology, and (iii) the improvement and  development  of
10    the  State's  economy.   The  Board  may  lease  to nonprofit
11    corporations  all  or  any  part  of  the  land,   buildings,
12    facilities,   equipment  or  other  property  included  in  a
13    research  and  high  technology  park  upon  such  terms  and
14    conditions as the Board may deem advisable and enter into any
15    contract or agreement with such nonprofit corporations as may
16    be necessary or suitable  for  the  construction,  financing,
17    operation  and  maintenance  and management of any such park;
18    and  may  lease  to  any   person,   firm,   partnership   or
19    corporation, either public or private, any part or all of the
20    land,  building,  facilities,  equipment or other property of
21    such park for such purposes and upon such rentals, terms  and
22    conditions  as  the Board may deem advisable; and may finance
23    all or part of the cost  of  any  such  park,  including  the
24    purchase,  lease,  construction, reconstruction, improvement,
25    remodeling, addition to, and extension and maintenance of all
26    or part of such high technology park, and all  equipment  and
27    furnishings,   by   legislative   appropriations,  government
28    grants, contracts, private gifts, loans,  receipts  from  the
29    operation  of  such high technology park, rentals and similar
30    receipts; and may make  its  other  facilities  and  services
31    available  to  tenants or other occupants of any such park at
32    rates which are reasonable and appropriate.
33    (Source: P.A. 89-4, eff. 1-1-96.)
 
SB1874 Engrossed            -41-              LRB9112814MWcsC
 1        Section 95.  The  Northern  Illinois  University  Law  is
 2    amended by changing Section 30-45 as follows:

 3        (110 ILCS 685/30-45)
 4        Sec.  30-45.  Powers  and  duties.   The Board also shall
 5    have power and it shall be its duty:
 6        (1)  To  make  rules,   regulations   and   bylaws,   not
 7    inconsistent  with  law, for the government and management of
 8    Northern Illinois University and its branches;
 9        (2)  To  employ,  and,  for  good  cause,  to  remove   a
10    President  of Northern Illinois University, and all necessary
11    deans,   professors,    associate    professors,    assistant
12    professors, instructors, other educational and administrative
13    assistants,   and  all  other  necessary  employees,  and  to
14    prescribe their duties and contract with  them  upon  matters
15    relating  to  tenure,  salaries  and  retirement  benefits in
16    accordance with the State  Universities  Civil  Service  Act.
17    Whenever the Board establishes a search committee to fill the
18    position  of President of Northern Illinois University, there
19    shall be minority representation, including  women,  on  that
20    search  committee.  The Board shall, upon the written request
21    of an employee of Northern Illinois University, withhold from
22    the compensation of  that  employee  any  dues,  payments  or
23    contributions   payable   by   such  employee  to  any  labor
24    organization as defined in  the  Illinois  Educational  Labor
25    Relations  Act.   Under  such arrangement, an amount shall be
26    withheld from each regular payroll period which is  equal  to
27    the  pro  rata  share of the annual dues plus any payments or
28    contributions, and the Board shall transmit such withholdings
29    to the specified labor organization within  10  working  days
30    from the time of the withholding;
31        (3)  To  prescribe  the  courses of study to be followed,
32    and textbooks and apparatus to be used at  Northern  Illinois
33    University;
 
SB1874 Engrossed            -42-              LRB9112814MWcsC
 1        (4)  To  issue  upon  the  recommendation of the faculty,
 2    diplomas to such persons as have satisfactorily completed the
 3    required studies of Northern Illinois University, and  confer
 4    such   professional  and  literary  degrees  as  are  usually
 5    conferred by other institutions of like character for similar
 6    or equivalent courses of study, or such as the Board may deem
 7    appropriate;
 8        (5)  To examine  into  the  conditions,  management,  and
 9    administration  of  Northern  Illinois University, to provide
10    the requisite buildings, apparatus, equipment  and  auxiliary
11    enterprises,  and  to  fix  and  collect  matriculation fees;
12    tuition fees; fees for student activities; fees  for  student
13    facilities such as student union buildings or field houses or
14    stadia  or  other  recreational  facilities;  student welfare
15    fees; laboratory fees; and  similar  fees  for  supplies  and
16    materials.  The expense of the building, improving, repairing
17    and supplying fuel and furniture and the necessary appliances
18    and apparatus for conducting  Northern  Illinois  University,
19    the  reimbursed  expenses  of  members  of the Board, and the
20    salaries or compensation of the President, assistants, agents
21    and other employees of Northern Illinois University, shall be
22    a charge upon the State Treasury.  All other  expenses  shall
23    be  chargeable against students, and the Board shall regulate
24    the charges accordingly;
25        (6)  To succeed to and to administer  all  trusts,  trust
26    property,  and gifts now or hereafter belonging or pertaining
27    to Northern Illinois University;
28        (7)  To   accept   endowments   of   professorships    or
29    departments  in  Northern Illinois University from any person
30    who may proffer them and, at regular meetings,  to  prescribe
31    rules  and  regulations in relation to endowments and declare
32    on what general principles they may be accepted;
33        (8)  To enter into contracts with the Federal  government
34    for  providing  courses  of instruction and other services at
 
SB1874 Engrossed            -43-              LRB9112814MWcsC
 1    Northern Illinois University for persons serving in  or  with
 2    the  military  or  naval  forces of the United States, and to
 3    provide such courses of instruction and other services;
 4        (9)  To contract with respect to the Cooperative Computer
 5    Center  to  obtain  services  related  to   electronic   data
 6    processing;
 7        (10)  To  provide  for  the  receipt  and expenditures of
 8    Federal funds paid to Northern  Illinois  University  by  the
 9    Federal  government  for  instruction  and other services for
10    persons serving in or with the military or  naval  forces  of
11    the United States, and to provide for audits of such funds;
12        (11)  To appoint, subject to the applicable civil service
13    law,   persons   to  be  members  of  the  Northern  Illinois
14    University  Police  Department.   Members   of   the   Police
15    Department  shall  be  conservators  of the peace and as such
16    have  all  powers  possessed  by  policemen  in  cities,  and
17    sheriffs, including the power to  make  arrests  on  view  or
18    warrants  of  violations  of State statutes, University rules
19    and regulations and city or county  ordinances,  except  that
20    they  may  exercise  such powers only within counties wherein
21    Northern Illinois University  and  any  of  its  branches  or
22    properties   are  located  when  such  is  required  for  the
23    protection of University properties and  interests,  and  its
24    students  and personnel, and otherwise, within such counties,
25    when requested by appropriate State or local law  enforcement
26    officials.  However,  such  officers  shall  have no power to
27    serve and execute civil processes.;
28        The Board must authorize to each member of  the  Northern
29    Illinois  University  Police  Department  and  to  any  other
30    employee  of  Northern  Illinois  University  exercising  the
31    powers of a peace officer a distinct badge that, on its face,
32    (i)  clearly  states that the badge is authorized by Northern
33    Illinois University and (ii) contains  a  unique  identifying
34    number.  No  other  badge  shall  be  authorized  by Northern
 
SB1874 Engrossed            -44-              LRB9112814MWcsC
 1    Illinois University;
 2        (12)  The Board may,  directly  or  in  cooperation  with
 3    other  institutions  of higher education, acquire by purchase
 4    or lease  or  otherwise,  and  construct,  enlarge,  improve,
 5    equip,  complete,  operate,  control  and manage research and
 6    high technology parks, together  with  the  necessary  lands,
 7    buildings,   facilities,  equipment,  and  personal  property
 8    therefor, to encourage and facilitate (i)  the  location  and
 9    development   of  business  and  industry  in  the  State  of
10    Illinois, and (ii) the increased application and  development
11    of  technology,  and (iii) the improvement and development of
12    the State's  economy.   The  Board  may  lease  to  nonprofit
13    corporations   all  or  any  part  of  the  land,  buildings,
14    facilities,  equipment  or  other  property  included  in   a
15    research  and  high  technology  park  upon  such  terms  and
16    conditions as the Board may deem advisable and enter into any
17    contract or agreement with such nonprofit corporations as may
18    be  necessary  or  suitable  for the construction, financing,
19    operation and maintenance and management of  any  such  park;
20    and   may   lease   to   any  person,  firm,  partnership  or
21    corporation, either public or private, any part or all of the
22    land, building, facilities, equipment or  other  property  of
23    such  park for such purposes and upon such rentals, terms and
24    conditions as the Board may deem advisable; and  may  finance
25    all  or  part  of  the  cost  of any such park, including the
26    purchase, lease, construction,  reconstruction,  improvement,
27    remodeling, addition to, and extension and maintenance of all
28    or  part  of such high technology park, and all equipment and
29    furnishings,  by   legislative   appropriations,   government
30    grants,  contracts,  private  gifts, loans, receipts from the
31    operation of such high technology park, rentals  and  similar
32    receipts;  and  may  make  its  other facilities and services
33    available to tenants or other occupants of any such  park  at
34    rates which are reasonable and appropriate.
 
SB1874 Engrossed            -45-              LRB9112814MWcsC
 1        (13)  To   assist  in  the  provision  of  buildings  and
 2    facilities  beneficial  to,  useful  for,  or  supportive  of
 3    university  purposes,  the  Board  of  Trustees  of  Northern
 4    Illinois University may exercise the  following  powers  with
 5    regard  to  the  area  located on or adjacent to the Northern
 6    Illinois  University DeKalb campus and bounded as follows:
 7    Parcel 1:
 8        In Township 40 North, Range 4 East, of  the  Third  Prime
 9        Meridian,  County  of DeKalb, State of Illinois: The East
10        half  of  the  Southeast  Quarter  of  Section  17,   the
11        Southwest  Quarter  of  Section  16,  and  the  Northwest
12        Quarter  of  Section  21,  all  in  the County of DeKalb,
13        Illinois.
14    Parcel 2:
15        In Township 40 North, Range 4 East, of  the  Third  Prime
16        Meridian,  County  of  DeKalb,  State of Illinois: On the
17        North, by a line beginning at the Northwest corner of the
18        Southeast Quarter of  Section  15;  thence  East  1,903.3
19        feet;  thence  South  to  the North line of the Southeast
20        Quarter of the Southeast Quarter of  Section  15;  thence
21        East  along  said line to North First Street; on the West
22        by Garden Road  between  Lucinda  Avenue  and  the  North
23        boundary;  thence  on the South by Lucinda Avenue between
24        Garden Road and the intersection of  Lucinda  Avenue  and
25        the  South  Branch  of  the  Kishwaukee River, and by the
26        South  Branch  of  the  Kishwaukee  River  between   such
27        intersection  and  easterly  to  the intersection of such
28        river and North First Street; thence on the East by North
29        First Street.
30             (a)  Acquire any interests in  land,  buildings,  or
31        facilities  by  purchase,  including installments payable
32        over a period allowed by law, by lease  over  a  term  of
33        such  duration  as the Board of Trustees shall determine,
34        or by exercise of the power of eminent domain;
 
SB1874 Engrossed            -46-              LRB9112814MWcsC
 1             (b)  Sublease  or  contract  to   purchase   through
 2        installments   all   or   any  portion  of  buildings  or
 3        facilities for such duration and on  such  terms  as  the
 4        Board  of Trustees shall determine, including a term that
 5        exceeds  5  years,  provided  that  each  such  lease  or
 6        purchase contract shall be and shall recite  that  it  is
 7        subject  to  termination and cancellation in any year for
 8        which the General Assembly fails to make an appropriation
 9        to pay the rent or purchase  installments  payable  under
10        the terms of such lease or purchase contracts; and
11             (c)  Sell property without compliance with the State
12        Property   Control   Act   and  retain  proceeds  in  the
13        University treasury in a  special,  separate  development
14        fund  account  which the Auditor General shall examine to
15        assure compliance with this Act.
16        Any buildings or facilities to be developed on  the  land
17    shall  be  buildings or facilities that, in the determination
18    of the Board of Trustees, in whole or in part:  (i)  are  for
19    use   by  the  University;  or  (ii)  otherwise  advance  the
20    interests of the University, including, by  way  of  example,
21    residential,    recreational,   educational,   and   athletic
22    facilities for University staff and students  and  commercial
23    facilities  which  provide  services needed by the University
24    community.  Revenues from the development fund account may be
25    withdrawn by the University for the purpose of demolition and
26    the processes associated with demolition;  routine  land  and
27    property  acquisition;  extension  of  utilities; streetscape
28    work;  landscape  work;  surface   and   structure   parking;
29    sidewalks,  recreational  paths, and street construction; and
30    lease and lease purchase arrangements  and  the  professional
31    services  associated with the planning and development of the
32    area.  Moneys from the development fund account used for  any
33    other  purpose  must  be deposited into and appropriated from
34    the General Revenue Fund.  Buildings or facilities leased  to
 
SB1874 Engrossed            -47-              LRB9112814MWcsC
 1    an  entity  or  person other than the University shall not be
 2    subject to any limitations applicable  to  a  State-supported
 3    college  or university under any law.  All development on the
 4    land and all the use of any buildings or facilities shall  be
 5    subject  to the control and approval of the Board of Trustees
 6    of Northern Illinois University.
 7    (Source: P.A. 89-4, eff. 1-1-96; 90-284, eff. 1-1-98.)

 8        Section 100.  The  Western  Illinois  University  Law  is
 9    amended by changing Section 35-45 as follows:

10        (110 ILCS 690/35-45)
11        Sec.  35-45.  Powers  and  duties.   The Board also shall
12    have power and it shall be its duty:
13        (1)  To  make  rules,   regulations   and   bylaws,   not
14    inconsistent  with  law, for the government and management of
15    Western Illinois University and its branches;
16        (2)  To  employ,  and,  for  good  cause,  to  remove   a
17    President  of  Western Illinois University, and all necessary
18    deans,   professors,    associate    professors,    assistant
19    professors, instructors, other educational and administrative
20    assistants,   and  all  other  necessary  employees,  and  to
21    prescribe their duties and contract with  them  upon  matters
22    relating  to  tenure,  salaries  and  retirement  benefits in
23    accordance with the State  Universities  Civil  Service  Act.
24    Whenever the Board establishes a search committee to fill the
25    position  of  President of Western Illinois University, there
26    shall be minority representation, including  women,  on  that
27    search  committee.  The Board shall, upon the written request
28    of an employee of Western Illinois University, withhold  from
29    the  compensation  of  that  employee  any  dues, payments or
30    contributions  payable  by  such  employee   to   any   labor
31    organization  as  defined  in  the Illinois Educational Labor
32    Relations Act.  Under such arrangement, an  amount  shall  be
 
SB1874 Engrossed            -48-              LRB9112814MWcsC
 1    withheld  from  each regular payroll period which is equal to
 2    the pro rata share of the annual dues plus  any  payments  or
 3    contributions, and the Board shall transmit such withholdings
 4    to  the  specified  labor organization within 10 working days
 5    from the time of the withholding;
 6        (3)  To prescribe the courses of study  to  be  followed,
 7    and  textbooks  and  apparatus to be used at Western Illinois
 8    University;
 9        (4)  To issue upon the  recommendation  of  the  faculty,
10    diplomas to such persons as have satisfactorily completed the
11    required  studies  of Western Illinois University, and confer
12    such  professional  and  literary  degrees  as  are   usually
13    conferred by other institutions of like character for similar
14    or equivalent courses of study, or such as the Board may deem
15    appropriate;
16        (5)  To  examine  into  the  conditions,  management, and
17    administration of Western Illinois University, to provide the
18    requisite  buildings,  apparatus,  equipment  and   auxiliary
19    enterprises,  and  to  fix  and  collect  matriculation fees;
20    tuition fees; fees for student activities; fees  for  student
21    facilities such as student union buildings or field houses or
22    stadia  or  other  recreational  facilities;  student welfare
23    fees; laboratory fees; and  similar  fees  for  supplies  and
24    materials.  The expense of the building, improving, repairing
25    and supplying fuel and furniture and the necessary appliances
26    and apparatus for conducting Western Illinois University, the
27    reimbursed expenses of members of the Board, and the salaries
28    or compensation of  the  President,  assistants,  agents  and
29    other  employees  of  Western Illinois University, shall be a
30    charge upon the State Treasury.  All other expenses shall  be
31    chargeable against students, and the Board shall regulate the
32    charges accordingly;
33        (6)  To  succeed  to  and to administer all trusts, trust
34    property, and gifts now or hereafter belonging or  pertaining
 
SB1874 Engrossed            -49-              LRB9112814MWcsC
 1    to Western Illinois University;
 2        (7)  To    accept   endowments   of   professorships   or
 3    departments in Western Illinois University  from  any  person
 4    who  may  proffer them and, at regular meetings, to prescribe
 5    rules and regulations in relation to endowments  and  declare
 6    on what general principles they may be accepted;
 7        (8)  To  enter into contracts with the Federal government
 8    for providing courses of instruction and  other  services  at
 9    Western  Illinois  University  for persons serving in or with
10    the military or naval forces of the  United  States,  and  to
11    provide such courses of instruction and other services;
12        (9)  To contract with respect to the Cooperative Computer
13    Center   to   obtain  services  related  to  electronic  data
14    processing;
15        (10)  To provide for  the  receipt  and  expenditures  of
16    Federal  funds  paid  to  Western  Illinois University by the
17    Federal government for instruction  and  other  services  for
18    persons  serving  in  or with the military or naval forces of
19    the United States, and to provide for audits of such funds;
20        (11)  To appoint, subject to the applicable civil service
21    law, persons to be members of the Western Illinois University
22    Police Department. Members of the Police Department shall  be
23    conservators  of  the  peace  and  as  such  have  all powers
24    possessed by policemen in cities, and sheriffs, including the
25    power to make arrests on view or warrants  of  violations  of
26    State  statutes, University rules and regulations and city or
27    county ordinances, except that they may exercise such  powers
28    only  within counties wherein Western Illinois University and
29    any of its branches or properties are located  when  such  is
30    required  for  the  protection  of  University properties and
31    interests, and its students  and  personnel,  and  otherwise,
32    within  such counties, when requested by appropriate State or
33    local law enforcement officials. However, such officers shall
34    have no power to serve and execute civil processes.;
 
SB1874 Engrossed            -50-              LRB9112814MWcsC
 1        The Board must authorize to each member  of  the  Western
 2    Illinois  University  Police  Department  and  to  any  other
 3    employee of Western Illinois University exercising the powers
 4    of  a  peace  officer a distinct badge that, on its face, (i)
 5    clearly states  that  the  badge  is  authorized  by  Western
 6    Illinois  University  and  (ii) contains a unique identifying
 7    number.  No  other  badge  shall  be  authorized  by  Western
 8    Illinois University;
 9        (12)  The Board may,  directly  or  in  cooperation  with
10    other  institutions  of higher education, acquire by purchase
11    or lease  or  otherwise,  and  construct,  enlarge,  improve,
12    equip,  complete,  operate,  control  and manage research and
13    high technology parks, together  with  the  necessary  lands,
14    buildings,   facilities,  equipment,  and  personal  property
15    therefor, to encourage and facilitate (i)  the  location  and
16    development   of  business  and  industry  in  the  State  of
17    Illinois, and (ii) the increased application and  development
18    of  technology,  and (iii) the improvement and development of
19    the State's  economy.   The  Board  may  lease  to  nonprofit
20    corporations   all  or  any  part  of  the  land,  buildings,
21    facilities,  equipment  or  other  property  included  in   a
22    research  and  high  technology  park  upon  such  terms  and
23    conditions as the Board may deem advisable and enter into any
24    contract or agreement with such nonprofit corporations as may
25    be  necessary  or  suitable  for the construction, financing,
26    operation and maintenance and management of  any  such  park;
27    and   may   lease   to   any  person,  firm,  partnership  or
28    corporation, either public or private, any part or all of the
29    land, building, facilities, equipment or  other  property  of
30    such  park for such purposes and upon such rentals, terms and
31    conditions as the Board may deem advisable; and  may  finance
32    all  or  part  of  the  cost  of any such park, including the
33    purchase, lease, construction,  reconstruction,  improvement,
34    remodeling, addition to, and extension and maintenance of all
 
SB1874 Engrossed            -51-              LRB9112814MWcsC
 1    or  part  of such high technology park, and all equipment and
 2    furnishings,  by   legislative   appropriations,   government
 3    grants,  contracts,  private  gifts, loans, receipts from the
 4    operation of such high technology park, rentals  and  similar
 5    receipts;  and  may  make  its  other facilities and services
 6    available to tenants or other occupants of any such  park  at
 7    rates which are reasonable and appropriate.
 8    (Source: P.A. 89-4, eff. 1-1-96.)

 9        Section  103.  The  Riverboat  Gambling Act is amended by
10    changing Section 5 as follows:

11        (230 ILCS 10/5) (from Ch. 120, par. 2405)
12        Sec. 5.  Gaming Board.
13        (a)  (1)  There  is   hereby   established   within   the
14    Department  of  Revenue  an Illinois Gaming Board which shall
15    have the powers and duties specified in  this  Act,  and  all
16    other  powers  necessary  and proper to fully and effectively
17    execute  this  Act  for   the   purpose   of   administering,
18    regulating,  and  enforcing  the system of riverboat gambling
19    established by this Act. Its jurisdiction shall extend  under
20    this   Act   to   every   person,  association,  corporation,
21    partnership  and  trust  involved   in   riverboat   gambling
22    operations in the State of Illinois.
23        (2)  The Board shall consist of 5 members to be appointed
24    by  the  Governor  with the advice and consent of the Senate,
25    one of whom  shall  be  designated  by  the  Governor  to  be
26    chairman.   Each  member shall have a reasonable knowledge of
27    the  practice,   procedure   and   principles   of   gambling
28    operations.  Each  member  shall  either  be  a  resident  of
29    Illinois  or  shall certify that he will become a resident of
30    Illinois before taking office. At least one member  shall  be
31    experienced in law enforcement and criminal investigation, at
32    least  one  member  shall  be  a  certified public accountant
 
SB1874 Engrossed            -52-              LRB9112814MWcsC
 1    experienced in accounting and  auditing,  and  at  least  one
 2    member  shall  be  a  lawyer  licensed  to  practice  law  in
 3    Illinois.
 4        (3)  The  terms of office of the Board members shall be 3
 5    years, except that the terms of office of the  initial  Board
 6    members appointed pursuant to this Act will commence from the
 7    effective  date  of  this  Act and run as follows:  one for a
 8    term ending July 1, 1991, 2 for a term ending July  1,  1992,
 9    and 2 for a term ending July 1, 1993.  Upon the expiration of
10    the  foregoing  terms,  the  successors of such members shall
11    serve a term for 3  years  and  until  their  successors  are
12    appointed  and  qualified  for  like  terms. Vacancies in the
13    Board shall be filled for the unexpired term in  like  manner
14    as  original appointments.  Each member of the Board shall be
15    eligible for reappointment at the discretion of the  Governor
16    with the advice and consent of the Senate.
17        (4)  Each member of the Board shall receive $300 for each
18    day  the Board meets and for each day the member conducts any
19    hearing pursuant to this Act.  Each member of the Board shall
20    also be reimbursed for all actual and necessary expenses  and
21    disbursements incurred in the execution of official duties.
22        (5)  No  person  shall be appointed a member of the Board
23    or continue to be a member of the  Board  who  is,  or  whose
24    spouse,  child  or  parent  is,  a  member  of  the  board of
25    directors of, or a  person  financially  interested  in,  any
26    gambling operation subject to the jurisdiction of this Board,
27    or  any  race  track, race meeting, racing association or the
28    operations  thereof  subject  to  the  jurisdiction  of   the
29    Illinois  Racing Board.  No Board member shall hold any other
30    public office for which he shall receive  compensation  other
31    than  necessary  travel  or  other  incidental  expenses.  No
32    person shall be a member of the Board  who  is  not  of  good
33    moral  character  or  who  has been convicted of, or is under
34    indictment for, a felony under the laws of  Illinois  or  any
 
SB1874 Engrossed            -53-              LRB9112814MWcsC
 1    other state, or the United States.
 2        (6)  Any  member  of  the  Board  may  be  removed by the
 3    Governor for neglect of duty,  misfeasance,  malfeasance,  or
 4    nonfeasance in office.
 5        (7)  Before  entering upon the discharge of the duties of
 6    his office, each member of the Board shall take an oath  that
 7    he will faithfully execute the duties of his office according
 8    to  the  laws  of  the  State  and  the rules and regulations
 9    adopted therewith  and  shall  give  bond  to  the  State  of
10    Illinois,  approved  by  the Governor, in the sum of $25,000.
11    Every such bond, when duly executed and  approved,  shall  be
12    recorded  in  the office of the Secretary of State.  Whenever
13    the Governor determines that the bond of any  member  of  the
14    Board   has   become  or  is  likely  to  become  invalid  or
15    insufficient, he shall require such member forthwith to renew
16    his bond, which is to  be  approved  by  the  Governor.   Any
17    member  of  the  Board  who  fails to take oath and give bond
18    within 30 days from the date of his appointment, or who fails
19    to renew his bond within 30 days after it is demanded by  the
20    Governor,  shall  be  guilty  of  neglect  of duty and may be
21    removed by the Governor.  The cost of any bond given  by  any
22    member of the Board under this Section shall be taken to be a
23    part of the necessary expenses of the Board.
24        (8)  Upon  the request of the Board, the Department shall
25    employ such personnel as may be necessary to  carry  out  the
26    functions of the Board.  No person shall be employed to serve
27    the  Board  who  is,  or whose spouse, parent or child is, an
28    official of, or has a  financial  interest  in  or  financial
29    relation  with,  any  operator engaged in gambling operations
30    within this State or any organization engaged  in  conducting
31    horse racing within this State.  Any employee violating these
32    prohibitions shall be subject to termination of employment.
33        (9)  An  Administrator  shall  perform any and all duties
34    that  the  Board  shall  assign  him.   The  salary  of   the
 
SB1874 Engrossed            -54-              LRB9112814MWcsC
 1    Administrator  shall  be determined by the Board and approved
 2    by the Director of the Department and, in addition, he  shall
 3    be  reimbursed for all actual and necessary expenses incurred
 4    by  him  in  discharge   of   his   official   duties.    The
 5    Administrator  shall  keep  records of all proceedings of the
 6    Board and shall preserve all records,  books,  documents  and
 7    other papers belonging to the Board or entrusted to its care.
 8    The Administrator shall devote his full time to the duties of
 9    the office and shall not hold any other office or employment.
10        (b)  The  Board shall have general responsibility for the
11    implementation of this  Act.   Its  duties  include,  without
12    limitation, the following:
13             (1)  To  decide promptly and in reasonable order all
14        license applications. Any party aggrieved by an action of
15        the Board denying, suspending, revoking,  restricting  or
16        refusing  to renew a license may request a hearing before
17        the Board.  A request for a hearing must be made  to  the
18        Board in writing within 5 days after service of notice of
19        the  action  of  the  Board.  Notice of the action of the
20        Board shall be served either by personal delivery  or  by
21        certified mail, postage prepaid, to the aggrieved party.
22        Notice  served by certified mail shall be deemed complete
23        on the business day following the date of  such  mailing.
24        The  Board  shall conduct all requested hearings promptly
25        and in reasonable order;
26             (2)  To conduct all  hearings  pertaining  to  civil
27        violations   of   this   Act  or  rules  and  regulations
28        promulgated hereunder;
29             (3)  To promulgate such rules and regulations as  in
30        its  judgment  may be necessary to protect or enhance the
31        credibility  and   integrity   of   gambling   operations
32        authorized   by  this  Act  and  the  regulatory  process
33        hereunder;
34             (4)  To provide for the establishment and collection
 
SB1874 Engrossed            -55-              LRB9112814MWcsC
 1        of all license and registration fees and taxes imposed by
 2        this Act and the rules and  regulations  issued  pursuant
 3        hereto.   All such fees and taxes shall be deposited into
 4        the State Gaming Fund;
 5             (5)  To provide  for  the  levy  and  collection  of
 6        penalties  and  fines  for the violation of provisions of
 7        this  Act  and  the  rules  and  regulations  promulgated
 8        hereunder.   All  such  fines  and  penalties  shall   be
 9        deposited  into the Education Assistance Fund, created by
10        Public Act 86-0018, of the State of Illinois;
11             (6)  To be present through its inspectors and agents
12        any  time  gambling  operations  are  conducted  on   any
13        riverboat  for  the  purpose  of  certifying  the revenue
14        thereof,  receiving  complaints  from  the  public,   and
15        conducting  such other investigations into the conduct of
16        the gambling games and the maintenance of  the  equipment
17        as  from  time  to  time the Board may deem necessary and
18        proper;
19             (7)  To review and rule  upon  any  complaint  by  a
20        licensee  regarding  any  investigative procedures of the
21        State which  are  unnecessarily  disruptive  of  gambling
22        operations.  The need to inspect and investigate shall be
23        presumed  at  all  times.  The disruption of a licensee's
24        operations  shall  be  proved  by  clear  and  convincing
25        evidence, and establish that:  (A) the procedures had  no
26        reasonable   law   enforcement   purposes,  and  (B)  the
27        procedures were so disruptive as to unreasonably  inhibit
28        gambling operations;
29             (8)  To  hold  at  least one meeting each quarter of
30        the fiscal year.  In addition, special  meetings  may  be
31        called  by  the  Chairman  or any 2 Board members upon 72
32        hours written notice to each member.  All Board  meetings
33        shall  be subject to the Open Meetings Act. Three members
34        of the Board shall constitute a quorum, and 3 votes shall
 
SB1874 Engrossed            -56-              LRB9112814MWcsC
 1        be required for any final  determination  by  the  Board.
 2        The  Board  shall  keep a complete and accurate record of
 3        all its meetings. A majority of the members of the  Board
 4        shall  constitute  a  quorum  for  the transaction of any
 5        business, for the performance of any  duty,  or  for  the
 6        exercise  of  any power which this Act requires the Board
 7        members to transact, perform or exercise en banc,  except
 8        that,  upon  order of the Board, one of the Board members
 9        or an administrative law judge designated  by  the  Board
10        may conduct any hearing provided for under this Act or by
11        Board  rule  and  may recommend findings and decisions to
12        the Board.  The Board member or administrative law  judge
13        conducting  such hearing shall have all powers and rights
14        granted to the Board in this Act. The record made at  the
15        time  of the hearing shall be reviewed by the Board, or a
16        majority thereof, and the findings and  decision  of  the
17        majority  of  the Board shall constitute the order of the
18        Board in such case;
19             (9)  To maintain  records  which  are  separate  and
20        distinct  from  the  records  of any other State board or
21        commission.  Such records shall be available  for  public
22        inspection   and   shall  accurately  reflect  all  Board
23        proceedings;
24             (10)  To file  a  written  annual  report  with  the
25        Governor  on  or  before  March  1  each  year  and  such
26        additional  reports  as  the  Governor  may  request. The
27        annual report shall include a statement of  receipts  and
28        disbursements  by  the Board, actions taken by the Board,
29        and any additional information and recommendations  which
30        the  Board  may  deem  valuable or which the Governor may
31        request;
32             (11)  (Blank); and
33             (12)  To    assume    responsibility     for     the
34        administration  and  enforcement of the Bingo License and
 
SB1874 Engrossed            -57-              LRB9112814MWcsC
 1        Tax Act, the Charitable Games Act, and the Pull Tabs  and
 2        Jar  Games  Act if such responsibility is delegated to it
 3        by the Director of Revenue.
 4        (c)  The Board shall have  jurisdiction  over  and  shall
 5    supervise  all gambling operations governed by this Act.  The
 6    Board shall have all powers necessary and proper to fully and
 7    effectively execute the provisions of  this  Act,  including,
 8    but not limited to, the following:
 9             (1)  To  investigate  applicants  and  determine the
10        eligibility of applicants  for  licenses  and  to  select
11        among  competing  applicants  the  applicants  which best
12        serve the interests of the citizens of Illinois.
13             (2)  To have jurisdiction and supervision  over  all
14        riverboat  gambling  operations  in  this  State  and all
15        persons  on  riverboats  where  gambling  operations  are
16        conducted.
17             (3)  To promulgate rules  and  regulations  for  the
18        purpose  of  administering the provisions of this Act and
19        to prescribe  rules,  regulations  and  conditions  under
20        which  all  riverboat  gambling  in  the  State  shall be
21        conducted.  Such rules and regulations are to provide for
22        the prevention of practices  detrimental  to  the  public
23        interest   and   for  the  best  interests  of  riverboat
24        gambling, including rules and regulations  regarding  the
25        inspection  of  such  riverboats  and  the  review of any
26        permits or licenses  necessary  to  operate  a  riverboat
27        under  any  laws or regulations applicable to riverboats,
28        and to impose penalties for violations thereof.
29             (4)  To enter the office, riverboats, facilities, or
30        other places of business of a licensee, where evidence of
31        the compliance or noncompliance with  the  provisions  of
32        this Act is likely to be found.
33             (5)  To  investigate  alleged violations of this Act
34        or the  rules  of  the  Board  and  to  take  appropriate
 
SB1874 Engrossed            -58-              LRB9112814MWcsC
 1        disciplinary  action against a licensee or a holder of an
 2        occupational  license  for  a  violation,  or   institute
 3        appropriate legal action for enforcement, or both.
 4             (6)  To  adopt  standards  for  the licensing of all
 5        persons under this Act, as  well  as  for  electronic  or
 6        mechanical gambling games, and to establish fees for such
 7        licenses.
 8             (7)  To   adopt   appropriate   standards   for  all
 9        riverboats and facilities.
10             (8)  To  require   that   the   records,   including
11        financial  or other statements of any licensee under this
12        Act, shall be kept in such manner as  prescribed  by  the
13        Board   and  that  any  such  licensee  involved  in  the
14        ownership or management of gambling operations submit  to
15        the  Board  an  annual  balance sheet and profit and loss
16        statement, list of  the  stockholders  or  other  persons
17        having  a  1%  or  greater  beneficial  interest  in  the
18        gambling  activities  of  each  licensee,   and any other
19        information  the  Board  deems  necessary  in  order   to
20        effectively   administer   this   Act   and   all  rules,
21        regulations, orders and final decisions promulgated under
22        this Act.
23             (9)  To conduct hearings, issue  subpoenas  for  the
24        attendance of witnesses and subpoenas duces tecum for the
25        production   of   books,   records  and  other  pertinent
26        documents in accordance with the Illinois  Administrative
27        Procedure  Act,  and to administer oaths and affirmations
28        to the witnesses, when, in the judgment of the Board,  it
29        is  necessary  to  administer  or enforce this Act or the
30        Board rules.
31             (10)  To prescribe a form to be used by any licensee
32        involved in  the  ownership  or  management  of  gambling
33        operations  as  an  application  for employment for their
34        employees.
 
SB1874 Engrossed            -59-              LRB9112814MWcsC
 1             (11)  To revoke or suspend licenses,  as  the  Board
 2        may see fit and in compliance with applicable laws of the
 3        State  regarding administrative procedures, and to review
 4        applications for the renewal of licenses.  The Board  may
 5        suspend an owners license, without notice or hearing upon
 6        a  determination  that the safety or health of patrons or
 7        employees is  jeopardized  by  continuing  a  riverboat's
 8        operation.  The suspension may remain in effect until the
 9        Board  determines  that the cause for suspension has been
10        abated.  The Board may revoke the owners license  upon  a
11        determination  that  the  owner has not made satisfactory
12        progress toward abating the hazard.
13             (12)  To eject or exclude or authorize the  ejection
14        or  exclusion  of,  any  person  from  riverboat gambling
15        facilities where such person is in violation of this Act,
16        rules and regulations thereunder, or final orders of  the
17        Board,  or  where  such person's conduct or reputation is
18        such that his  presence  within  the  riverboat  gambling
19        facilities  may,  in  the opinion of the Board, call into
20        question  the  honesty  and  integrity  of  the  gambling
21        operations or interfere  with  orderly  conduct  thereof;
22        provided that the propriety of such ejection or exclusion
23        is subject to subsequent hearing by the Board.
24             (13)  To   require   all   licensees   of   gambling
25        operations  to utilize a cashless wagering system whereby
26        all players' money is  converted  to  tokens,  electronic
27        cards,  or chips which shall be used only for wagering in
28        the gambling establishment.
29             (14)  (Blank).
30             (15)  To suspend, revoke or  restrict  licenses,  to
31        require  the  removal  of  a licensee or an employee of a
32        licensee for a violation of this Act or a Board  rule  or
33        for  engaging  in  a  fraudulent  practice, and to impose
34        civil penalties of up to $5,000 against  individuals  and
 
SB1874 Engrossed            -60-              LRB9112814MWcsC
 1        up  to  $10,000  or  an  amount  equal to the daily gross
 2        receipts, whichever is larger, against licensees for each
 3        violation of any provision of the Act, any rules  adopted
 4        by  the Board, any order of the Board or any other action
 5        which, in the  Board's  discretion,  is  a  detriment  or
 6        impediment to riverboat gambling operations.
 7             (16)  To   hire  employees  to  gather  information,
 8        conduct investigations and  carry  out  any  other  tasks
 9        contemplated under this Act.
10             (17)  To establish minimum levels of insurance to be
11        maintained by licensees.
12             (18)  To  authorize  a  licensee  to  sell  or serve
13        alcoholic liquors, wine or beer as defined in the  Liquor
14        Control  Act  of  1934  on  board a riverboat and to have
15        exclusive authority to establish the hours for  sale  and
16        consumption  of  alcoholic  liquor  on board a riverboat,
17        notwithstanding any provision of the Liquor  Control  Act
18        of 1934 or any local ordinance, and regardless of whether
19        the riverboat makes excursions.  The establishment of the
20        hours  for  sale  and  consumption of alcoholic liquor on
21        board a riverboat is an exclusive power and  function  of
22        the  State.  A home rule unit may not establish the hours
23        for sale and consumption of alcoholic liquor on  board  a
24        riverboat.   This  amendatory Act of 1991 is a denial and
25        limitation  of  home  rule  powers  and  functions  under
26        subsection (h)  of  Section  6  of  Article  VII  of  the
27        Illinois Constitution.
28             (19)  After consultation with the U.S. Army Corps of
29        Engineers, to establish binding emergency orders upon the
30        concurrence  of  a  majority  of the members of the Board
31        regarding  the  navigability  of   water,   relative   to
32        excursions,  in  the event of extreme weather conditions,
33        acts of God or other extreme circumstances.
34             (20)  To delegate the execution of any of its powers
 
SB1874 Engrossed            -61-              LRB9112814MWcsC
 1        under this Act  for  the  purpose  of  administering  and
 2        enforcing   this   Act  and  its  rules  and  regulations
 3        hereunder.
 4             (21)  To take any other action as may be  reasonable
 5        or   appropriate  to  enforce  this  Act  and  rules  and
 6        regulations hereunder.
 7        (d)  The Board may seek and shall receive the cooperation
 8    of the Department of State Police  in  conducting  background
 9    investigations   of   applicants   and   in   fulfilling  its
10    responsibilities under this Section.  Costs incurred  by  the
11    Department  of  State  Police as a result of such cooperation
12    shall  be  paid  by  the  Board  in  conformance   with   the
13    requirements  of  Section 2605-400 of the Department of State
14    Police Law (20 ILCS 2605/2605-400).
15        (e)  The Board must authorize to each investigator and to
16    any other employee of the Board exercising the  powers  of  a
17    peace officer a distinct badge that, on its face, (i) clearly
18    states  that  the  badge  is authorized by the Board and (ii)
19    contains a unique identifying number.  No other  badge  shall
20    be authorized by the Board.
21    (Source:  P.A.  91-40,  eff.  1-1-00;  91-239,  eff.  1-1-00;
22    revised 8-9-99.)

23        Section  105.  The  Illinois  Vehicle  Code is amended by
24    changing Sections 2-115, 13-107, and 18c-1205 as follows:

25        (625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
26        Sec. 2-115.  Investigators.
27        (a) The Secretary of  State,  for  the  purpose  of  more
28    effectively  carrying  out  the  provisions  of  the  laws in
29    relation to motor vehicles, shall have power to appoint  such
30    number  of  investigators as he may deem necessary.  It shall
31    be the duty of such investigators to investigate and  enforce
32    violations  of the provisions of this Act administered by the
 
SB1874 Engrossed            -62-              LRB9112814MWcsC
 1    Secretary of State and provisions of Chapters 11, 12, 13,  14
 2    and  15  and  to  investigate and report any violation by any
 3    person who operates as a motor carrier of property as defined
 4    in Section 18-100 of this Act  and  does  not  hold  a  valid
 5    certificate or permit.  Such investigators shall have and may
 6    exercise  throughout  the  State  all  of the powers of peace
 7    officers.
 8        No person may be retained in service as  an  investigator
 9    under this Section after he has reached 60 years of age.
10        The   Secretary   of   State   must   authorize  to  each
11    investigator employed under this Section  and  to  any  other
12    employee  of  the Office of the Secretary of State exercising
13    the powers of a peace officer a distinct badge that,  on  its
14    face,  (i) clearly states that the badge is authorized by the
15    Office of the Secretary of State and (ii) contains  a  unique
16    identifying number. No other badge shall be authorized by the
17    Office of the Secretary of State.
18        (b)  The  Secretary  may  expend  such  sums  as he deems
19    necessary from Contractual Services  appropriations  for  the
20    Department  of  Police  for the purchase of evidence, for the
21    employment of persons to obtain evidence, and for the payment
22    for any goods or  services  related  to  obtaining  evidence.
23    Such  sums  shall  be advanced to investigators authorized by
24    the Secretary to expend funds,  on  vouchers  signed  by  the
25    Secretary.  In addition, the Secretary of State is authorized
26    to maintain one or more commercial checking accounts with any
27    State  banking corporation or corporations organized under or
28    subject to the Illinois  Banking  Act  for  the  deposit  and
29    withdrawal  of  moneys  to be used solely for the purchase of
30    evidence  and  for  the  employment  of  persons  to   obtain
31    evidence,  or  for  the  payment  for  any  goods or services
32    related to obtaining evidence; provided that no check may  be
33    written  on  nor  any  withdrawal  made from any such account
34    except on the written signatures of 2 persons  designated  by
 
SB1874 Engrossed            -63-              LRB9112814MWcsC
 1    the Secretary to write such checks and make such withdrawals,
 2    and provided further that the balance of moneys on deposit in
 3    any  such  account  shall  not exceed $5,000 at any time, nor
 4    shall any one check written on or single withdrawal made from
 5    any such account exceed $5,000.
 6        All  fines  or  moneys  collected  or  received  by   the
 7    Department  of  Police  under any State or federal forfeiture
 8    statute; including, but not limited to moneys forfeited under
 9    Section 12 of the Cannabis Control Act and moneys distributed
10    under Section 413 of the Illinois Controlled Substances  Act,
11    shall be deposited into the Secretary of State Evidence Fund.
12        In all convictions for offenses in violation of this Act,
13    the  Court  may  order restitution to the Secretary of any or
14    all sums expended for  the  purchase  of  evidence,  for  the
15    employment of persons to obtain evidence, and for the payment
16    for  any goods or services related to obtaining evidence. All
17    such restitution received by the Secretary shall be deposited
18    into the Secretary of State Evidence Fund.  Moneys  deposited
19    into the fund shall, subject to appropriation, be used by the
20    Secretary  of  State  for the purposes provided for under the
21    provisions of this Section.
22    (Source: P.A. 87-993; 88-517.)

23        (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
24        Sec. 13-107. Investigation of complaints against official
25    testing stations. The Department shall, upon its own  motion,
26    or   upon  charges  made  in  writing  verified  under  oath,
27    investigate complaints that an official  testing  station  is
28    willfully falsifying records or tests, either for the purpose
29    of  selling  parts  or services not actually required, or for
30    the purpose of issuing a certificate of safety for  a  second
31    division  vehicle or medical transport vehicle that is not in
32    safe mechanical condition as determined by the  standards  of
33    this  Chapter  in violation of the provisions of this Chapter
 
SB1874 Engrossed            -64-              LRB9112814MWcsC
 1    or of the rules and regulations issued by the Department.
 2        The Secretary of Transportation, for the purpose of  more
 3    effectively  carrying  out  the provisions of Chapter 13, may
 4    appoint such a number of inspectors as he may deem necessary.
 5    Such inspectors shall inspect and investigate applicants  for
 6    official  testing  station permits and investigate and report
 7    violations. With respect to enforcement of the provisions  of
 8    this  Chapter 13, such inspectors shall have and may exercise
 9    throughout the State all the powers of police officers.
10        The Secretary must authorize to each inspector and to any
11    other employee of the Department exercising the powers  of  a
12    peace officer a distinct badge that, on its face, (i) clearly
13    states  that  the  badge  is authorized by the Department and
14    (ii) contains a unique identifying number.   No  other  badge
15    shall be authorized by the Department.
16    (Source: P.A. 82-433.)

17        (625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
18        Sec.    18c-1205.    Qualifications   of   Transportation
19    Compliance Program Staff.
20        (1)  General   provisions.    The    manager    of    the
21    Transportation Division shall establish and adhere to written
22    professional  standards  and  procedures  for the employment,
23    education and training,  performance  and  dismissal  of  all
24    nonclerical  compliance program personnel. Such standards and
25    procedures shall include:
26             (a)  Merit standards and procedures,  and  education
27        requirements,  applicable to State troopers, and training
28        requirements at least equivalent to that received from  a
29        police  training  school  approved  by  the  Illinois Law
30        Enforcement Training Standards Board, together with  such
31        additional   qualifications  as  are  needed  under  this
32        Chapter, for all nonclerical field operations personnel;
33             (b)  Successful   completion   of   an    accredited
 
SB1874 Engrossed            -65-              LRB9112814MWcsC
 1        accounting  or  transportation-related education program,
 2        or at least 4 years  experience  in  motor  carrier  rate
 3        analysis or auditing, plus such additional qualifications
 4        as  are  needed  under  this Chapter, for all nonclerical
 5        rate auditing personnel; and
 6             (c)  Successful completion of an accredited legal or
 7        paralegal education program, or equivalent administrative
 8        law experience, plus such  additional  qualifications  as
 9        are  needed under this Chapter, for all nonclerical civil
10        penalties program personnel.
11        (2)  Merit Selection Committee.  Standards and procedures
12    under this Section for police shall include the establishment
13    of one or more merit selection committees, each  composed  of
14    one Commission employee and no fewer than 3, nor more than 5,
15    persons  who are not employed by the Commission, each of whom
16    shall from  time  to  time  be  designated  by  the  division
17    manager,  subject  to  the  approval  of the Commission.  The
18    division manager shall submit a list  of  candidates  to  the
19    committee or subcommittee thereof for its consideration.  The
20    committee   or  subcommittee  thereof  shall  interview  each
21    candidate on the list and rate  those  interviewed  as  "most
22    qualified",  "qualified",  or "not qualified".  The committee
23    shall  recommend  candidates  rated  "most   qualified"   and
24    "qualified" to the division manager.  In filling positions to
25    which  this Section applies, the division manager shall first
26    offer the position to persons rated "most qualified".  If all
27    persons rated "most qualified" have been offered the position
28    and each failed to accept the offer within the time specified
29    by the division manager in the offer,  the  position  may  be
30    offered  to  a  person rated "qualified".  Only persons rated
31    "most qualified" or "qualified" shall  be  offered  positions
32    within the Compliance Program.
33        (3)  The  Commission  shall authorize to each employee of
34    the Commission exercising the powers of  a  peace  officer  a
 
SB1874 Engrossed            -66-              LRB9112814MWcsC
 1    distinct  badge  that,  on  its  face, (i) clearly states the
 2    badge is authorized by the Commission  and  (ii)  contains  a
 3    unique   identifying   number.    No  other  badge  shall  be
 4    authorized by the Commission.
 5    (Source: P.A. 91-357, eff. 7-29-99.)

 6        Section   110.    The   State's    Attorneys    Appellate
 7    Prosecutor's  Act  is  amended  by  changing  Section 7.06 as
 8    follows:

 9        (725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
10        Sec. 7.06.  (a) The Director may hire  no  more  than  12
11    investigators  to  provide investigative services in criminal
12    cases and tax objection cases for staff  counsel  and  county
13    state's  attorneys.  Investigators  may  be authorized by the
14    board to carry tear gas gun  projectors  or  bombs,  pistols,
15    revolvers, stun guns, tasers or other firearms.
16        Subject   to   the   qualifications   set   forth  below,
17    investigators shall be peace officers and shall have all  the
18    powers  possessed  by  policemen  in  cities and by sheriffs;
19    provided,  that  investigators  shall  exercise  such  powers
20    anywhere in the State only after contact and  in  cooperation
21    with the appropriate local law enforcement agencies.
22        No  investigator  shall  have  peace  officer  status  or
23    exercise   police   powers  unless  he  or  she  successfully
24    completes the  basic  police  training  course  mandated  and
25    approved  by  the Illinois Law Enforcement Training Standards
26    Board or such board waives the training requirement by reason
27    of the investigator's prior  law  enforcement  experience  or
28    training or both.
29        The board shall not waive the training requirement unless
30    the investigator has had a minimum of 5 years experience as a
31    sworn  officer  of  a local, state or federal law enforcement
32    agency, 2 of  which  shall  have  been  in  an  investigatory
 
SB1874 Engrossed            -67-              LRB9112814MWcsC
 1    capacity.
 2        (b)  The  Director  must  authorize  to each investigator
 3    employed under this Section and to any other employee of  the
 4    Office  exercising  the  powers of a peace officer a distinct
 5    badge that, on its face, (i) clearly states that the badge is
 6    authorized  by  the  Office  and  (ii)  contains   a   unique
 7    identifying number. No other badge shall be authorized by the
 8    Office.
 9    (Source: P.A. 87-677; 88-586, eff. 8-12-94.)

10        Section  115.  The Unified Code of Corrections is amended
11    by adding Section 3-2-10 as follows:

12        (730 ILCS 5/3-2-10 new)
13        Sec. 3-2-10.  Badges. The Director must authorize to each
14    correctional officer and parole  officer  and  to  any  other
15    employee  of  the Department exercising the powers of a peace
16    officer a distinct badge  that,  on  its  face,  (i)  clearly
17    states  that  the  badge  is authorized by the Department and
18    (ii) contains a unique identifying  number.  No  other  badge
19    shall be authorized by the Department.
 
SB1874 Engrossed            -68-              LRB9112814MWcsC
 1                                INDEX
 2               Statutes amended in order of appearance
 3    15 ILCS 205/4c            from Ch. 14, par. 4c
 4    20 ILCS 205/205-435 new
 5    20 ILCS 405/405-330 new
 6    20 ILCS 510/510-200       was 20 ILCS 510/65.2
 7    20 ILCS 801/1-30 new
 8    20 ILCS 1305/1-30 new
 9    20 ILCS 1505/1505-205 new
10    20 ILCS 2105/2105-330 new
11    20 ILCS 2505/2505-305     was 20 ILCS 2505/39b15.1
12    20 ILCS 2605/2605-55 new
13    20 ILCS 2910/1            from Ch. 127 1/2, par. 501
14    110 ILCS 305/7            from Ch. 144, par. 28
15    110 ILCS 520/8            from Ch. 144, par. 658
16    110 ILCS 660/5-45
17    110 ILCS 665/10-45
18    110 ILCS 670/15-45
19    110 ILCS 675/20-45
20    110 ILCS 680/25-45
21    110 ILCS 685/30-45
22    110 ILCS 690/35-45
23    230 ILCS 10/5             from Ch. 120, par. 2405
24    625 ILCS 5/2-115          from Ch. 95 1/2, par. 2-115
25    625 ILCS 5/13-107         from Ch. 95 1/2, par. 13-107
26    625 ILCS 5/18c-1205       from Ch. 95 1/2, par. 18c-1205
27    725 ILCS 210/7.06         from Ch. 14, par. 207.06
28    730 ILCS 5/3-2-10 new

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