110 ILCS 690/35-60
2021 Illinois Compiled Statutes|Chapter 110 - HIGHER EDUCATION|110 ILCS 690/ - Western Illinois University Law.|Article 35

Sec. 35-60.     Police Department; liability insurance.(a) The Board shall provide each member of the Western Illinois University  Police Department without cost to him or her public liability  insurance covering him or her for any liability which arises out of his or her  employment  to the extent of the insurance policy limits which shall be not less than  $50,000.(b) The Board shall have power to insure the Board, Western Illinois  University and its branches under  Board jurisdiction, Board members, paid and unpaid employees of the Board,  and any students, volunteer workers, visiting faculty and professionals who  are agents of the Board in the performance or delivery of its programs or  services against claims, damages, losses, expenses and civil suits arising  out of statements, acts or omissions in the discharge of their duties,  which statements, acts or omissions do not involve intentional or willful  and wanton misconduct on the part of such persons; and to insure against  losses to real and personal property owned by the Board or in the actual or  constructive custody of the Board and for loss of income  from such real and personal property.  The Board shall have power to defend,  hold harmless and  indemnify, in whole or in part, all persons as to whom any such insurance  is provided.  Pursuant to its power to insure, the Board may establish  and accumulate reserves for payment  of such claims, damages, losses, expenses and civil suit awards  or obtain insurance affording  coverage for such matters.  Reserves  established by the Board for the foregoing purpose shall be subject to the  following conditions:(1) The amount of such reserves shall not exceed the     amount necessary and proper, based on past experience or independent actuarial determinations;(2) All earnings derived from such reserves shall be     considered part of the reserves and may be used only for the same purposes for which the reserves may be used;(3) Reserves may be used only for the purposes of     making payments for civil suits, claims, damages, losses and expenses, including attorneys fees, claims investigation costs and actuarial studies associated with liabilities arising out of statements, acts or omissions of individuals in the discharge of their duties, which statements, acts or omissions do not involve intentional or willful and wanton misconduct on the part of such individuals, for payment of insurance premiums, and for the purposes of making payments for losses resulting from any insured peril;(4) All funds collected for the purposes specified in     paragraph (3) or earmarked for such purposes must be placed in the reserves;(5) Whenever the reserves have a balance in excess of     what is necessary and proper, then contributions, charges, assessments or other forms of funding for the reserves shall be appropriately decreased.(c) As to all claims, damages, losses, expenses and civil suits covered  by insurance provided by the Board or as to which the Board has not provided  insurance, to the extent permitted by law, sovereign immunity shall apply  and recourse shall be limited to the Court of Claims.(d) When permitted by law to enter into an agreement with any unit of  government, institution of higher education, person, or corporation for the  use of property or the performance of any function, service or act, the  Board may agree to the sharing or allocation of liabilities and damages  resulting from such use of property or performance of any function, service  or act.  Such agreement may provide for contribution or indemnification by  any or all of the parties to the agreement upon any liability arising out  of the performance of the agreement.    (Source: P.A. 89-4, eff. 1-1-96.)