Sen. James F. Clayborne, Jr.
Filed: 4/5/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 448 




2    AMENDMENT NO. ______. Amend Senate Bill 448 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Southern Illinois University Management 
5Act is amended  by changing Section 8 as follows:
 
6    (110 ILCS 520/8)  (from Ch. 144, par. 658)
7    Sec. 8. Powers and Duties of the Board. The Board shall 
8have power and
it shall be its duty:
9        1. To make rules, regulations and by-laws, not 
10    inconsistent with
law, for the government and management of 
11    Southern Illinois University
and its branches.
12        2. To employ, and, for good cause, to remove a 
13    president of Southern
Illinois University, and all 
14    necessary deans, professors, associate
professors, 
15    assistant professors, instructors, and other educational 
16    and
administrative assistants, and all other necessary 
 
 
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1    employees, and
contract with them upon matters relating to 
2    tenure, salaries and
retirement benefits in accordance 
3    with the State Universities Civil Service
Act; the Board 
4    shall, upon the written request of an employee of Southern

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

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

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

6    matriculation fees; tuition fees; fees for student 
7    activities; fees for
student facilities such as student 
8    union buildings or field houses or
stadium or other 
9    recreational facilities; student welfare fees;
laboratory 
10    fees and similar fees for supplies and material.
11        6. To succeed to and to administer all trusts, trust 
12    property, and
gifts now or hereafter belonging or 
13    pertaining to Southern Illinois
University.
14        7. To accept endowments of professorships or 
15    departments in the
University from any person who may 
16    proffer them and, at regular
meetings, to prescribe rules 
17    and regulations in relation to endowments
and declare on 
18    what general principles they may be accepted.
19        8. To enter into contracts with the Federal government 
20    for providing
courses of instruction and other services at 
21    Southern Illinois
University for persons serving in or with 
22    the military or naval forces
of the United States, and to 
23    provide such courses of instruction and
other services.
24        9. To provide for the receipt and expenditures of 
25    Federal funds,
paid to the Southern Illinois University by 
26    the Federal government for
instruction and other services 
 
 
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1    for persons serving in or with the
military or naval forces 
2    of the United States and to provide for audits
of such 
3    funds.
4        10. To appoint, subject to the applicable civil service 
5    law, persons
to be members of the Southern Illinois 
6    University Police Department.
Members of the Police 
7    Department shall be conservators of the peace and
as such 
8    have all powers possessed by policemen in cities, and 
9    sheriffs,
including the power to make arrests on view or 
10    warrants of violations of
state statutes, university rules 
11    and regulations and city or county
ordinances, except that 
12    they may exercise such powers only within
counties wherein 
13    the university and any of its branches or properties
are 
14    located when such is required for the protection of 
15    university
properties and interests, and its students and 
16    personnel, and otherwise,
within such counties, when 
17    requested by appropriate State
or local law enforcement 
18    officials. However, such officers shall have no
power to 
19    serve and execute civil processes.
20        The Board must authorize to each member of the Southern 
21    Illinois University
Police
Department
and to any other 
22    employee of Southern Illinois University exercising the 
23    powers
of a peace officer
a distinct badge
that, on its 
24    face, (i) clearly states that the badge is authorized by 
25    Southern
Illinois
University and
(ii) contains a unique 
26    identifying number.  No other badge shall be authorized
by 
 
 
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1    Southern Illinois University.
2        10.5.
 To conduct health care programs in furtherance of 
3    its teaching, research, and public service functions, 
4    which shall include without limitation patient and 
5    ancillary facilities, institutes, clinics, or offices 
6    owned, leased, or purchased through an equity interest by 
7    the Board or its appointed designee to carry out such 
8    activities in the course of or in support of the Board's 
9    academic, clinical, and public service responsibilities.

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

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

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

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

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

8    grants, contracts, private gifts, loans, receipts from the 
9    operation of
such high technology park, rentals and similar 
10    receipts; and may make its
other facilities and services 
11    available to tenants or other occupants of
any such park at 
12    rates which are reasonable and appropriate.
13        13. To borrow money, as necessary, from time to time in 
14    anticipation of receiving tuition, payments from the State 
15    of Illinois, or  other revenues or receipts of the 
16    University, also known as anticipated moneys.   The 
17    borrowing limit shall be capped at 100% of the total amount 
18    of payroll and other expense vouchers submitted and payable 
19    to the University for fiscal year 2010 expenses, but unpaid 
20    by the State Comptroller's office. Prior to borrowing any 
21    funds, the University shall request from the Comptroller's 
22    office a verification of the borrowing limit and shall 
23    include the estimated date on which such borrowing shall 
24    occur.  The borrowing limit cap shall be verified by the 
25    State Comptroller's office not prior to 45 days before any 
26    estimated date for executing any  promissory note or line of 
 
 
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1    credit established under this item 13.  The principal amount 
2    borrowed under a promissory note or line of credit shall 
3    not exceed 75% of the borrowing limit.  Within 15 days after 
4    borrowing funds under any promissory note or line of credit 
5    established under this item 13, the University shall submit 
6    to the Governor's Office of Management and Budget, the 
7    Speaker of the House of Representatives, the Minority 
8    Leader of the House of Representatives, the President of 
9    the Senate,  and the Minority Leader of the Senate an 
10    Emergency Short Term Cash Management Plan.  The Emergency 
11    Short Term Cash Management Plan shall outline the amount 
12    borrowed, the terms for repayment, the amount of 
13    outstanding State vouchers as verified by the State 
14    Comptroller's office, and the University's plan for 
15    expenditure of any borrowed funds, including, but not 
16    limited to, a detailed plan to meet payroll obligations to 
17    include collective bargaining employees, civil service 
18    employees, and academic, research, and health care 
19    personnel.  The establishment of any promissory note or line 
20    of credit established under this item 13 must be finalized 
21    within 90 days after the effective date of this amendatory  
22    Act of the 96th General Assembly.  The   borrowed moneys shall 
23    be applied to the purposes of paying salaries and other 
24    expenses lawfully authorized in the University's State 
25    appropriation and unpaid by the State Comptroller.  Any line 
26    of credit established under this item 13  shall be paid in 
 
 
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1    full one year after creation or within 10 days after the 
2    date the University receives reimbursement from the State 
3    for all submitted fiscal year 2010 vouchers, whichever is 
4    earlier.  Any  promissory note established under this item 13 
5    shall be repaid within one year after issuance of the note. 
6    The Chairman, Comptroller, or Treasurer of the Board shall 
7    execute a promissory note or similar debt instrument to 
8    evidence the indebtedness incurred by the borrowing. In 
9    connection with a borrowing, the Board may establish a line 
10    of credit with a financial institution, investment bank, or 
11    broker/dealer.
The obligation to make the payments due 
12    under any promissory note or line of credit established 
13    under this item 13 shall be a lawful obligation of the 
14    University payable from the anticipated moneys.  Any 
15    borrowing under this item 13 shall not constitute a debt, 
16    legal or moral, of the State and shall not be enforceable 
17    against the State. The promissory note or line of credit 
18    shall be authorized by a resolution passed by the Board and 
19    shall be valid whether or not a budgeted item with respect 
20    to  that resolution is included in any annual or  
21    supplemental budget adopted by the Board.  The resolution 
22    shall set forth facts demonstrating the need for the 
23    borrowing, state an amount that the amount to be borrowed 
24    will not exceed, and establish a maximum interest rate 
25    limit not to exceed the maximum rate authorized by the Bond 
26    Authorization Act or 9%, whichever is less. The resolution 
 
 
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1    may direct the Comptroller or Treasurer of the Board to 
2    make arrangements to set apart and hold the portion of the 
3    anticipated moneys, as received, that shall be used to 
4    repay the borrowing, subject to any prior pledges or 
5    restrictions with respect to the anticipated moneys.  The 
6    resolution may also authorize the Treasurer of the Board to 
7    make partial repayments of the borrowing as the anticipated 
8    moneys become available and may contain any other terms, 
9    restrictions, or limitations not inconsistent with the 
10    powers of the Board.
11        For the purposes of this item 13, "financial 
12    institution" means any bank subject to the Illinois Banking 
13    Act, any savings and loan association subject to the 
14    Illinois Savings and Loan Act of 1985, and any federally 
15    chartered commercial bank or savings and loan association 
16    or government-sponsored enterprise organized and operated 
17    in this State pursuant to the laws of the United States.
18    The powers of the Board as herein designated are subject to 
19the  Board
of Higher Education Act.
20(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
 

21    Section 99. Effective date. This Act takes effect upon 
22becoming law.".