Public Act 100-0400
 
SB0448 EnrolledLRB100 04890 MLM 14900 b



    AN ACT concerning education.

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



 
    Section 5. The Southern Illinois University Management Act 
is amended  by changing Section 8 as follows:
 
    (110 ILCS 520/8)  (from Ch. 144, par. 658)
    Sec. 8. Powers and Duties of the Board. The Board shall 
have power and
it shall be its duty:
        1. To make rules, regulations and by-laws, not 
    inconsistent with
law, for the government and management of 
    Southern Illinois University
and its branches.
        2. To employ, and, for good cause, to remove a 
    president of Southern
Illinois University, and all 
    necessary deans, professors, associate
professors, 
    assistant professors, instructors, and other educational 
    and
administrative assistants, and all other necessary 
    employees, and
contract with them upon matters relating to 
    tenure, salaries and
retirement benefits in accordance 
    with the State Universities Civil Service
Act; the Board 
    shall, upon the written request of an employee of Southern

    Illinois University, withhold from the compensation of 
    that employee any
dues, payments or contributions payable 
    by such employee to any labor
organization as defined in 
    the Illinois Educational Labor Relations Act.
Under such 
    arrangement, an amount shall be withheld from each regular

    payroll period which is equal to the pro rata share of the 
    annual dues plus
any payments or contributions, and the 
    Board shall transmit such withholdings
to the specified 
    labor organization within 10 working days from the time
of 
    the withholding. Whenever the Board establishes a search 
    committee to
fill the position of president of Southern 
    Illinois University, there shall
be minority 
    representation, including women, on that search committee.
        3. To prescribe the course of study to be followed, and 
    textbooks
and apparatus to be used at Southern Illinois 
    University.
        4. To issue upon the recommendation of the faculty, 
    diplomas to such
persons as have satisfactorily completed 
    the required studies of
Southern Illinois University, and 
    confer such professional and literary
degrees as are 
    usually conferred by other institutions of like character

    for similar or equivalent courses of study, or such as the 
    Board may
deem appropriate.
        5. To examine into the conditions, management, and 
    administration of
Southern Illinois University, to provide 
    the requisite buildings,
apparatus, equipment and 
    auxiliary enterprises, and to fix and collect

    matriculation fees; tuition fees; fees for student 
    activities; fees for
student facilities such as student 
    union buildings or field houses or
stadium or other 
    recreational facilities; student welfare fees;
laboratory 
    fees and similar fees for supplies and material.
        6. To succeed to and to administer all trusts, trust 
    property, and
gifts now or hereafter belonging or 
    pertaining to Southern Illinois
University.
        7. To accept endowments of professorships or 
    departments in the
University from any person who may 
    proffer them and, at regular
meetings, to prescribe rules 
    and regulations in relation to endowments
and declare on 
    what general principles they may be accepted.
        8. To enter into contracts with the Federal government 
    for providing
courses of instruction and other services at 
    Southern Illinois
University for persons serving in or with 
    the military or naval forces
of the United States, and to 
    provide such courses of instruction and
other services.
        9. To provide for the receipt and expenditures of 
    Federal funds,
paid to the Southern Illinois University by 
    the Federal government for
instruction and other services 
    for persons serving in or with the
military or naval forces 
    of the United States and to provide for audits
of such 
    funds.
        10. To appoint, subject to the applicable civil service 
    law, persons
to be members of the Southern Illinois 
    University Police Department.
Members of the Police 
    Department shall be conservators of the peace and
as such 
    have all powers possessed by policemen in cities, and 
    sheriffs,
including the power to make arrests on view or 
    warrants of violations of
state statutes, university rules 
    and regulations and city or county
ordinances, except that 
    they may exercise such powers only within
counties wherein 
    the university and any of its branches or properties
are 
    located when such is required for the protection of 
    university
properties and interests, and its students and 
    personnel, and otherwise,
within such counties, when 
    requested by appropriate State
or local law enforcement 
    officials. However, such officers shall have no
power to 
    serve and execute civil processes.
        The Board must authorize to each member of the Southern 
    Illinois University
Police
Department
and to any other 
    employee of Southern Illinois University exercising the 
    powers
of a peace officer
a distinct badge
that, on its 
    face, (i) clearly states that the badge is authorized by 
    Southern
Illinois
University and
(ii) contains a unique 
    identifying number.  No other badge shall be authorized
by 
    Southern Illinois University.
        10.5.
 To conduct health care programs in furtherance of 
    its teaching, research, and public service functions, 
    which shall include without limitation patient and 
    ancillary facilities, institutes, clinics, or offices 
    owned, leased, or purchased through an equity interest by 
    the Board or its appointed designee to carry out such 
    activities in the course of or in support of the Board's 
    academic, clinical, and public service responsibilities.

        11. To administer a plan or plans established by the 
    clinical faculty
of the School of Medicine or the School of 
    Dental Medicine for the billing, collection and 
    disbursement of
charges for services performed
 in the 
    course of or in support of the faculty's academic 
    responsibilities,
provided that such plan has been first 
    approved by Board action. All such
collections shall be 
    deposited into a special fund or funds administered
by the 
    Board from which disbursements may be made according to the 
    provisions
of said plan. The reasonable costs incurred, by 
    the University, administering
the billing, collection and 
    disbursement provisions of a plan shall have
first priority 
    for payment before distribution or disbursement for any 
    other
purpose. Audited financial statements of the plan or 
    plans must be provided to the Legislative Audit
Commission 
    annually.
        The Board of Trustees may own, operate, or govern, by 
    or through the School
of Medicine, a managed care community 
    network established under subsection
(b)
of Section 5-11 of 
    the Illinois Public Aid Code.
        12. The Board of Trustees may, directly or in 
    cooperation with other
institutions of higher education, 
    acquire by purchase or lease or
otherwise, and construct, 
    enlarge, improve, equip, complete, operate,
control and 
    manage medical research and high technology parks, 
    together
with the necessary lands, buildings, facilities, 
    equipment, and personal
property therefor, to encourage 
    and facilitate (a) the location and
development of business 
    and industry in the State of Illinois, and (b) the

    increased application and development of technology and 
    (c) the improvement
and development of the State's economy.  
    The Board of Trustees may lease to
nonprofit corporations 
    all or any part of the land, buildings, facilities,

    equipment or other property included in a medical research 
    and high
technology park upon such terms and conditions as 
    the Board of Trustees may
deem advisable and enter into any 
    contract or agreement with such nonprofit
corporations as 
    may be necessary or suitable for the construction,

    financing, operation and maintenance and management of any 
    such park; and
may lease to any person, firm, partnership 
    or corporation, either public or
private, any part or all 
    of the land, building, facilities, equipment or
other 
    property of such park for such purposes and upon such

    rentals, terms and conditions as the Board of Trustees may 
    deem advisable; and
may finance all or part of the cost of 
    any such park, including the purchase,
lease, 
    construction, reconstruction, improvement, remodeling, 
    addition to,
and extension and maintenance of all or part 
    of such high technology park,
and all equipment and 
    furnishings, by legislative appropriations, government

    grants, contracts, private gifts, loans, receipts from the 
    operation of
such high technology park, rentals and similar 
    receipts; and may make its
other facilities and services 
    available to tenants or other occupants of
any such park at 
    rates which are reasonable and appropriate.
        13. To borrow money, as necessary, from time to time in 
    anticipation of receiving tuition, payments from the State 
    of Illinois, or  other revenues or receipts of the 
    University, also known as anticipated moneys.   The 
    borrowing limit shall be capped at 100% of the total amount 
    of payroll and other expense vouchers submitted and payable 
    to the University for fiscal year 2010 expenses, but unpaid 
    by the State Comptroller's office. Prior to borrowing any 
    funds, the University shall request from the Comptroller's 
    office a verification of the borrowing limit and shall 
    include the estimated date on which such borrowing shall 
    occur.  The borrowing limit cap shall be verified by the 
    State Comptroller's office not prior to 45 days before any 
    estimated date for executing any  promissory note or line of 
    credit established under this item 13.  The principal amount 
    borrowed under a promissory note or line of credit shall 
    not exceed 75% of the borrowing limit.  Within 15 days after 
    borrowing funds under any promissory note or line of credit 
    established under this item 13, the University shall submit 
    to the Governor's Office of Management and Budget, the 
    Speaker of the House of Representatives, the Minority 
    Leader of the House of Representatives, the President of 
    the Senate,  and the Minority Leader of the Senate an 
    Emergency Short Term Cash Management Plan.  The Emergency 
    Short Term Cash Management Plan shall outline the amount 
    borrowed, the terms for repayment, the amount of 
    outstanding State vouchers as verified by the State 
    Comptroller's office, and the University's plan for 
    expenditure of any borrowed funds, including, but not 
    limited to, a detailed plan to meet payroll obligations to 
    include collective bargaining employees, civil service 
    employees, and academic, research, and health care 
    personnel.  The establishment of any promissory note or line 
    of credit established under this item 13 must be finalized 
    within 90 days after the effective date of this amendatory  
    Act of the 96th General Assembly.  The   borrowed moneys shall 
    be applied to the purposes of paying salaries and other 
    expenses lawfully authorized in the University's State 
    appropriation and unpaid by the State Comptroller.  Any line 
    of credit established under this item 13  shall be paid in 
    full one year after creation or within 10 days after the 
    date the University receives reimbursement from the State 
    for all submitted fiscal year 2010 vouchers, whichever is 
    earlier.  Any  promissory note established under this item 13 
    shall be repaid within one year after issuance of the note. 
    The Chairman, Comptroller, or Treasurer of the Board shall 
    execute a promissory note or similar debt instrument to 
    evidence the indebtedness incurred by the borrowing. In 
    connection with a borrowing, the Board may establish a line 
    of credit with a financial institution, investment bank, or 
    broker/dealer.
The obligation to make the payments due 
    under any promissory note or line of credit established 
    under this item 13 shall be a lawful obligation of the 
    University payable from the anticipated moneys.  Any 
    borrowing under this item 13 shall not constitute a debt, 
    legal or moral, of the State and shall not be enforceable 
    against the State. The promissory note or line of credit 
    shall be authorized by a resolution passed by the Board and 
    shall be valid whether or not a budgeted item with respect 
    to  that resolution is included in any annual or  
    supplemental budget adopted by the Board.  The resolution 
    shall set forth facts demonstrating the need for the 
    borrowing, state an amount that the amount to be borrowed 
    will not exceed, and establish a maximum interest rate 
    limit not to exceed the maximum rate authorized by the Bond 
    Authorization Act or 9%, whichever is less. The resolution 
    may direct the Comptroller or Treasurer of the Board to 
    make arrangements to set apart and hold the portion of the 
    anticipated moneys, as received, that shall be used to 
    repay the borrowing, subject to any prior pledges or 
    restrictions with respect to the anticipated moneys.  The 
    resolution may also authorize the Treasurer of the Board to 
    make partial repayments of the borrowing as the anticipated 
    moneys become available and may contain any other terms, 
    restrictions, or limitations not inconsistent with the 
    powers of the Board.
        For the purposes of this item 13, "financial 
    institution" means any bank subject to the Illinois Banking 
    Act, any savings and loan association subject to the 
    Illinois Savings and Loan Act of 1985, and any federally 
    chartered commercial bank or savings and loan association 
    or government-sponsored enterprise organized and operated 
    in this State pursuant to the laws of the United States.
    The powers of the Board as herein designated are subject to 
the  Board
of Higher Education Act.
(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.