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093_HB3465
LRB093 08082 NHT 08283 b
1 AN ACT regarding higher education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Transportation Cooperation Act of 1971 is
5 amended by changing Section 2 as follows:
6 (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
7 Sec. 2. For the purposes of this Act:
8 (a) "Railroad passenger service" means any railroad
9 passenger service within the State of Illinois, including the
10 equipment and facilities used in connection therewith, with
11 the exception of the basic system operated by the National
12 Railroad Passenger Corporation pursuant to Title II and
13 Section 403(a) of the Federal Rail Passenger Service Act of
14 1970.
15 (b) "Federal Railroad Corporation" means the National
16 Railroad Passenger Corporation established pursuant to an Act
17 of Congress known as the "Rail Passenger Service Act of
18 1970."
19 (c) "Transportation system" means any and all modes of
20 public transportation within the State, including, but not
21 limited to, transportation of persons or property by rapid
22 transit, rail, bus, and aircraft, and all equipment,
23 facilities and property, real and personal, used in
24 connection therewith.
25 (d) "Carrier" means any corporation, authority,
26 partnership, association, person or district authorized to
27 maintain a transportation system within the State with the
28 exception of the Federal Railroad Corporation.
29 (e) "Units of local government" means cities, villages,
30 incorporated towns, counties, municipalities, townships, and
31 special districts, including any district created pursuant to
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1 the "Local Mass Transit District Act", approved July 21,
2 1959, as amended; any Authority created pursuant to the
3 "Metropolitan Transit Authority Act", approved April 12,
4 1945, as amended; and, any authority, commission or other
5 entity which by virtue of an interstate compact approved by
6 Congress is authorized to provide mass transportation.
7 (f) "Universities" means all public institutions of
8 higher education as defined in an "Act creating a Board of
9 Higher Education, defining its powers and duties, making an
10 appropriation therefor, and repealing an Act herein named",
11 approved August 22, 1961, as amended, and all private
12 institutions of higher education as defined in the Illinois
13 Educational Facilities Authority Act.
14 (g) "Department" means the Illinois Department of
15 Transportation, or such other department designated by law to
16 perform the duties and functions of the Illinois Department
17 of Transportation prior to January 1, 1972.
18 (h) "Association" means any Transportation Service
19 Association created pursuant to Section 4 of this Act.
20 (i) "Contracting Parties" means any units of local
21 government or universities which have associated and joined
22 together pursuant to Section 3 of this Act.
23 (j) "Governing authorities" means (1) the city council
24 or similar legislative body of a city; (2) the board of
25 trustees or similar body of a village or incorporated town;
26 (3) the council of a municipality under the commission form
27 of municipal government; (4) the board of trustees in a
28 township; (5) the Board of Trustees of the University of
29 Illinois, the Board of Trustees of Southern Illinois
30 University at Carbondale, the Board of Trustees of Southern
31 Illinois University at Edwardsville, the Board of Trustees of
32 Chicago State University, the Board of Trustees of Eastern
33 Illinois University, the Board of Trustees of Governors State
34 University, the Board of Trustees of Illinois State
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1 University, the Board of Trustees of Northeastern Illinois
2 University, the Board of Trustees of Northern Illinois
3 University, the Board of Trustees of Western Illinois
4 University, and the Illinois Community College Board; (6) the
5 county board of a county; and (7) the trustees,
6 commissioners, board members, or directors of a university,
7 special district, authority or similar agency.
8 (Source: P.A. 89-4, eff. 1-1-96.)
9 Section 10. The Official Bond Act is amended by changing
10 Section 14.3 as follows:
11 (5 ILCS 260/14.3) (from Ch. 103, par. 14.3)
12 Sec. 14.3. All departments, boards, bureaus,
13 commissions, authorities, or other units of State government,
14 except the Board of Trustees of Chicago State University, the
15 Board of Trustees of Eastern Illinois University, the Board
16 of Trustees of Governors State University, the Board of
17 Trustees of Illinois State University, the Board of Trustees
18 of Northeastern Illinois University, the Board of Trustees of
19 Northern Illinois University, the Board of Trustees of
20 Western Illinois University, the Board of Trustees of the
21 University of Illinois, and the Board of Trustees of Southern
22 Illinois University at Carbondale, and the Board of Trustees
23 of Southern Illinois University at Edwardsville, that bond
24 officers or employees who are not required by law to obtain
25 bonds to qualify for office or employment, shall effect such
26 bonding through the Department of Central Management Services
27 by inclusion in the blanket bond or bonds or self-insurance
28 program provided for in Sections 14.1 and 14.2 of this Act.
29 (Source: P.A. 89-4, eff. 1-1-96.)
30 Section 15. The Voluntary Payroll Deductions Act of 1983
31 is amended by changing Sections 4 and 5 as follows:
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1 (5 ILCS 340/4) (from Ch. 15, par. 504)
2 Sec. 4. Employee withholding. An employee may authorize
3 the withholding of a portion of his or her salary or wages
4 for contribution to a maximum number of 4 organizations
5 described in paragraphs (b) and (c) of Section 3 of this Act.
6 A department, board, body, agency or commission may direct
7 the State Comptroller to deduct, and the University of
8 Illinois, Southern Illinois University at Carbondale,
9 Southern Illinois University at Edwardsville, Chicago State
10 University, Eastern Illinois University, Governors State
11 University, Illinois State University, Northeastern Illinois
12 University, Northern Illinois University, and Western
13 Illinois University may deduct, upon written request of a
14 State employee, for each regular payroll period, from the
15 salary or wages of the employee the amount specified in the
16 written request for payment to the organization designated by
17 the employee. The moneys so deducted shall be paid over
18 promptly to the organizations designated by the employee by
19 means of warrants drawn by the State Comptroller, the
20 University of Illinois, Southern Illinois University at
21 Carbondale, Southern Illinois University at Edwardsville,
22 Chicago State University, Eastern Illinois University,
23 Governors State University, Illinois State University,
24 Northeastern Illinois University, Northern Illinois
25 University, and Western Illinois University, against the
26 appropriation for personal services of the department, board,
27 body, agency or commission by which such employee is
28 employed.
29 Such deductions may be made notwithstanding that the
30 compensation paid in cash to such employee is thereby reduced
31 below the minimum prescribed by law. Payment to such
32 employee of compensation less such deduction shall constitute
33 a full and complete discharge and acquittance of all claims
34 and demands whatsoever for the services rendered by such
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1 employee during the period covered by such payment.
2 Such request for deduction may be withdrawn at any time
3 by filing a written notification of withdrawal with the
4 department, board, body, agency or commission, the University
5 of Illinois, Southern Illinois University at Carbondale,
6 Southern Illinois University at Edwardsville, Chicago State
7 University, Eastern Illinois University, Governors State
8 University, Illinois State University, Northeastern Illinois
9 University, Northern Illinois University, or Western Illinois
10 University, by which such employee is employed.
11 (Source: P.A. 91-896, eff. 7-6-00.)
12 (5 ILCS 340/5) (from Ch. 15, par. 505)
13 Sec. 5. Rules; Advisory Committee. The State Comptroller
14 shall promulgate and issue reasonable rules and regulations
15 as deemed necessary for the administration of this Act.
16 However, all solicitations of State employees for
17 contributions at their workplace and all solicitations of
18 State annuitants for contributions shall be in accordance
19 with rules promulgated by the Governor or his or her designee
20 or other agency as may be designated by the Governor. All
21 solicitations of State annuitants for contributions shall
22 also be in accordance with the rules promulgated by the
23 applicable retirement system.
24 The rules promulgated by the Governor or his or her
25 designee or other agency as designated by the Governor shall
26 include a Code of Campaign Conduct that all qualified
27 organizations and United Funds shall subscribe to in writing,
28 sanctions for violations of the Code of Campaign Conduct,
29 provision for the handling of cash contributions, provision
30 for an Advisory Committee, provisions for the allocation of
31 expenses among the participating organizations, an
32 organizational plan and structure whereby responsibilities
33 are set forth for the appropriate State employees or State
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1 annuitants and the participating organizations, and any other
2 matters that are necessary to accomplish the purposes of this
3 Act.
4 The Governor or the Governor's designee shall promulgate
5 rules to establish the composition and the duties of the
6 Advisory Committee. The Governor or the Governor's designee
7 shall make appointments to the Advisory Committee. The
8 powers of the Advisory Committee shall include, at a minimum,
9 the ability to impose the sanctions authorized by rule. Each
10 State agency and each retirement system shall file an annual
11 report that sets forth, for the prior calendar year, (i) the
12 total amount of money contributed to each qualified
13 organization and united fund through both payroll deductions
14 and cash contributions, (ii) the number of employees or State
15 annuitants who have contributed to each qualified
16 organization and united fund, and (iii) any other information
17 required by the rules. The report shall not include the
18 names of any contributing or non-contributing employees or
19 State annuitants. The report shall be filed with the
20 Advisory Committee no later than March 15. The report shall
21 be available for inspection.
22 Other constitutional officers, retirement systems, the
23 University of Illinois, Southern Illinois University at
24 Carbondale, Southern Illinois University at Edwardsville,
25 Chicago State University, Eastern Illinois University,
26 Governors State University, Illinois State University,
27 Northeastern Illinois University, Northern Illinois
28 University, and Western Illinois University shall be governed
29 by the rules promulgated pursuant to this Section, unless
30 such entities adopt their own rules governing solicitation of
31 contributions at the workplace.
32 All rules promulgated pursuant to this Section shall not
33 discriminate against one or more qualified organizations or
34 United Funds.
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1 (Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
2 Section 20. The State Salary and Annuity Withholding Act
3 is amended by changing Section 2 as follows:
4 (5 ILCS 365/2) (from Ch. 127, par. 352)
5 Sec. 2. Definitions. As used in this Act, unless the
6 context otherwise requires:
7 "Office" means the State Comptroller, the Board of
8 Trustees of the State Universities Retirement System, or the
9 Board of Trustees of any of the following institutions: the
10 University of Illinois, Southern Illinois University at
11 Carbondale, Southern Illinois University at Edwardsville,
12 Chicago State University, Eastern Illinois University,
13 Governors State University, Illinois State University,
14 Northeastern Illinois University, Northern Illinois
15 University, and Western Illinois University.
16 "Department" means any department, board, commission,
17 institution, officer, court, or agency of State government,
18 other than the University of Illinois, Southern Illinois
19 University at Carbondale, Southern Illinois University at
20 Edwardsville, Chicago State University, Eastern Illinois
21 University, Governors State University, Illinois State
22 University, Northeastern Illinois University, Northern
23 Illinois University, and Western Illinois University,
24 receiving State appropriations and having the power to
25 certify payrolls to the Comptroller authorizing payments of
26 salary or wages from appropriations from any State fund or
27 from trust funds held by the State Treasurer; and the Board
28 of Trustees of the General Assembly Retirement System, the
29 Board of Trustees of the State Employees' Retirement System
30 of Illinois, the Board of Trustees of the Teachers'
31 Retirement System of the State of Illinois, and the Board of
32 Trustees of the Judges Retirement System of Illinois created
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1 respectively by Articles 2, 14, 16, and 18 of the Illinois
2 Pension Code.
3 "Employee" means any regular officer or employee who
4 receives salary or wages for personal service rendered to the
5 State of Illinois and, for the purpose of deduction for the
6 purchase of United States Savings Bonds, includes any State
7 contractual employee.
8 "Annuitant" means a person receiving a retirement annuity
9 or disability benefits under Article 2, 14, 15, 16, or 18 of
10 the Illinois Pension Code.
11 "Annuity" means the retirement annuity or disability
12 benefits received by an annuitant.
13 (Source: P.A. 89-4, eff. 1-1-96; 90-14, eff. 7-1-97; 90-448,
14 eff. 8-16-97.)
15 Section 25. The State Employment Records Act is amended
16 by changing Section 10 as follows:
17 (5 ILCS 410/10)
18 Sec. 10. Definitions. As used in this Act:
19 (a) "Agency work force" means those persons employed by
20 a State agency who are part of the State work force.
21 (b) "Contractual services employee" means a person
22 employed by the State, or a State supported institution of
23 higher education, under a written contract and paid by a
24 State system CO-2 voucher (or its administrative equivalent)
25 whose daily duties and responsibilities are directly or
26 indirectly supervised or managed by a person paid by a
27 payroll warrant (or its administrative equivalent) funded by
28 State funds or pass through funds.
29 (c) "Agency" or "State agency" means those entities
30 included in the definition of "State agencies" in the
31 Illinois State Auditing Act.
32 (d) "Minority" means a person who is:
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1 (1) African American (a person having origins in
2 any of the black racial groups in Africa);
3 (2) Hispanic (a person of Spanish or Portuguese
4 culture with origins in Mexico, South or Central America,
5 or the Caribbean Islands, regardless of race);
6 (3) Asian American (a person having origins in any
7 of the original peoples of the Far East, Southeast Asia,
8 the Indian Subcontinent or the Pacific Islands); or
9 (4) Native American (a person having origins in any
10 of the original peoples of North America).
11 (e) "Professional employee" means a person employed to
12 perform employment duties requiring academic training,
13 evidenced by a graduate or advanced degree from an accredited
14 institution of higher education, and who, in the performance
15 of those employment duties, may only engage in active
16 practice of the academic training received when licensed or
17 certified by the State of Illinois.
18 (f) "State employee" means any person employed within
19 the State work force.
20 (g) "State work force" means all persons employed by the
21 State of Illinois as evidenced by:
22 (1) the total number of all payroll warrants (or
23 their administrative equivalent) issued by the
24 Comptroller to pay:
25 (i) persons subject to the Personnel Code; and
26 (ii) for the sole purpose of providing
27 accurate statistical information, all persons exempt
28 from the Personnel Code; and
29 (2) the total number of payroll warrants (or their
30 administrative equivalent) funded by State appropriation
31 which are issued by educational institutions governed by
32 the Board of Trustees of the University of Illinois, the
33 Board of Trustees of Southern Illinois University at
34 Carbondale, the Board of Trustees of Southern Illinois
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1 University at Edwardsville, the Board of Trustees of
2 Chicago State University, the Board of Trustees of
3 Eastern Illinois University, the Board of Trustees of
4 Governors State University, the Board of Trustees of
5 Illinois State University, the Board of Trustees of
6 Northeastern Illinois University, the Board of Trustees
7 of Northern Illinois University, and the Board of
8 Trustees of Western Illinois Universitythe Board of
9 Governors of State Colleges and Universities, and the
10 Board of Regents; and
11 (3) the total number of contractual payroll system
12 CO-2 vouchers (or their administrative equivalent) funded
13 by State revenues and issued by:
14 (i) the State Comptroller; and
15 (ii) the issuing agents of the educational
16 institutions listed in subdivision (2) of this
17 subsection (g).
18 "State work force" does not, however, include persons holding
19 elective State office.
20 (Source: P.A. 87-1211.)
21 Section 30. The Illinois Governmental Ethics Act is
22 amended by changing Section 4A-101 as follows:
23 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
24 Sec. 4A-101. Persons required to file. The following
25 persons shall file verified written statements of economic
26 interests, as provided in this Article:
27 (a) Members of the General Assembly and candidates
28 for nomination or election to the General Assembly.
29 (b) Persons holding an elected office in the
30 Executive Branch of this State, and candidates for
31 nomination or election to these offices.
32 (c) Members of a Commission or Board created by the
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1 Illinois Constitution, and candidates for nomination or
2 election to such Commission or Board.
3 (d) Persons whose appointment to office is subject
4 to confirmation by the Senate.
5 (e) Holders of, and candidates for nomination or
6 election to, the office of judge or associate judge of
7 the Circuit Court and the office of judge of the
8 Appellate or Supreme Court.
9 (f) Persons who are employed by any branch, agency,
10 authority or board of the government of this State,
11 including but not limited to, the Illinois State Toll
12 Highway Authority, the Illinois Housing Development
13 Authority, the Illinois Community College Board, and
14 institutions under the jurisdiction of the Board of
15 Trustees of the University of Illinois, Board of Trustees
16 of Southern Illinois University at Carbondale, Board of
17 Trustees of Southern Illinois University at Edwardsville,
18 Board of Trustees of Chicago State University, Board of
19 Trustees of Eastern Illinois University, Board of
20 Trustees of Governor's State University, Board of
21 Trustees of Illinois State University, Board of Trustees
22 of Northeastern Illinois University, Board of Trustees of
23 Northern Illinois University, Board of Trustees of
24 Western Illinois University, or Board of Trustees of the
25 Illinois Mathematics and Science Academy, and are
26 compensated for services as employees and not as
27 independent contractors and who:
28 (1) are, or function as, the head of a
29 department, commission, board, division, bureau,
30 authority or other administrative unit within the
31 government of this State, or who exercise similar
32 authority within the government of this State;
33 (2) have direct supervisory authority over, or
34 direct responsibility for the formulation,
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1 negotiation, issuance or execution of contracts
2 entered into by the State in the amount of $5,000 or
3 more;
4 (3) have authority for the issuance or
5 promulgation of rules and regulations within areas
6 under the authority of the State;
7 (4) have authority for the approval of
8 professional licenses;
9 (5) have responsibility with respect to the
10 financial inspection of regulated nongovernmental
11 entities;
12 (6) adjudicate, arbitrate, or decide any
13 judicial or administrative proceeding, or review the
14 adjudication, arbitration or decision of any
15 judicial or administrative proceeding within the
16 authority of the State; or
17 (7) have supervisory responsibility for 20 or
18 more employees of the State.
19 (g) Persons who are elected to office in a unit of
20 local government, and candidates for nomination or
21 election to that office, including regional
22 superintendents of school districts.
23 (h) Persons appointed to the governing board of a
24 unit of local government, or of a special district, and
25 persons appointed to a zoning board, or zoning board of
26 appeals, or to a regional, county, or municipal plan
27 commission, or to a board of review of any county, and
28 persons appointed to the Board of the Metropolitan Pier
29 and Exposition Authority and any Trustee appointed under
30 Section 22 of the Metropolitan Pier and Exposition
31 Authority Act, and persons appointed to a board or
32 commission of a unit of local government who have
33 authority to authorize the expenditure of public funds.
34 This subsection does not apply to members of boards or
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1 commissions who function in an advisory capacity.
2 (i) Persons who are employed by a unit of local
3 government and are compensated for services as employees
4 and not as independent contractors and who:
5 (1) are, or function as, the head of a
6 department, division, bureau, authority or other
7 administrative unit within the unit of local
8 government, or who exercise similar authority within
9 the unit of local government;
10 (2) have direct supervisory authority over, or
11 direct responsibility for the formulation,
12 negotiation, issuance or execution of contracts
13 entered into by the unit of local government in the
14 amount of $1,000 or greater;
15 (3) have authority to approve licenses and
16 permits by the unit of local government; this item
17 does not include employees who function in a
18 ministerial capacity;
19 (4) adjudicate, arbitrate, or decide any
20 judicial or administrative proceeding, or review the
21 adjudication, arbitration or decision of any
22 judicial or administrative proceeding within the
23 authority of the unit of local government;
24 (5) have authority to issue or promulgate
25 rules and regulations within areas under the
26 authority of the unit of local government; or
27 (6) have supervisory responsibility for 20 or
28 more employees of the unit of local government.
29 (j) Persons on the Board of Trustees of the
30 Illinois Mathematics and Science Academy.
31 (k) Persons employed by a school district in
32 positions that require that person to hold an
33 administrative or a chief school business official
34 endorsement.
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1 (l) (Blank).
2 This Section shall not be construed to prevent any unit
3 of local government from enacting financial disclosure
4 requirements that mandate more information than required by
5 this Act.
6 (Source: P.A. 91-622, eff. 8-19-99.)
7 Section 35. The State Comptroller Act is amended by
8 changing Sections 13, 13.1, and 21 as follows:
9 (15 ILCS 405/13) (from Ch. 15, par. 213)
10 Sec. 13. Payment of salaries of State employees -
11 Schedule. The comptroller shall prepare a schedule showing
12 the dates on which all employees of the State shall be paid.
13 All employees shall be paid at least semi-monthly, except
14 that employees of the University of Illinois, Chicago State
15 University, Eastern Illinois University, Governors State
16 University, Illinois State University, Northeastern Illinois
17 University, Northern Illinois University, Western Illinois
18 University, and Southern Illinois University at Carbondale,
19 and Southern Illinois University at Edwardsville who are not
20 subject to the State Universities Civil Service System shall
21 be paid at least once each month. No payment shall be made
22 before the completion of the period for which the
23 compensation is being paid, except that employees leaving the
24 service of the State may be paid at the termination of their
25 period of employment.
26 Such schedule shall be prepared showing such dates of
27 payment so as to provide as far as is practical, an even flow
28 of work for issuance of warrants in payment of personal
29 services.
30 In making payments for a fractional part of a pay period,
31 that part of the regular compensation for the period shall be
32 paid represented by a fraction, the numerator being the
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1 number of days worked and the denominator being the number of
2 work days in the period. However, in making payments for a
3 fractional part of a pay period for positions subject to the
4 jurisdiction of the Department of Central Management
5 Services, that part of the regular compensation shall be paid
6 by deducting an amount determined by multiplying the number
7 of work days without pay by the applicable daily rate as
8 defined within the Department of Central Management Services
9 Pay Plan.
10 In employments of a teaching or professional nature in
11 connection with the educational, charitable, penal or
12 reformatory institutions, where the compensation of an
13 employee is based upon an annual salary, a teaching or
14 professional year may be substituted for a calendar year in
15 determining the pay schedule.
16 (Source: P.A. 89-4, eff. 1-1-96.)
17 (15 ILCS 405/13.1) (from Ch. 15, par. 213.1)
18 Sec. 13.1. Compliance with State Employment Records Act.
19 The Comptroller, for the purpose of facilitating an accurate
20 compilation of the entire State work force as defined and
21 required by the State Employment Records Act, shall report,
22 on a fiscal year basis, the total number of payroll warrants
23 drawn for the payment of salaries for State employees,
24 including contractual payroll system CO-2 vouchers (or their
25 administrative equivalent) or any other information necessary
26 to comply with that Act. The State Employment Records (SER)
27 report shall be maintained and kept on file as public
28 information within the Office of the Comptroller.
29 The total number of payroll warrants drawn by the Board
30 of Trustees of the University of Illinois, the Board of
31 Trustees of Southern Illinois University at Carbondale, the
32 Board of Trustees of Southern Illinois University at
33 Edwardsville, the Board of Trustees of Chicago State
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1 University, the Board of Trustees of Eastern Illinois
2 University, the Board of Trustees of Governors State
3 University, the Board of Trustees of Illinois State
4 University, the Board of Trustees of Northeastern Illinois
5 University, the Board of Trustees of Northern Illinois
6 University, the Board of Trustees of Western Illinois
7 University,the Board of Governors of State Colleges and
8 Universities, the Board of Regents and all educational
9 institutions governed by those boards to be paid from funds
10 retained in their own treasuries shall be filed with the
11 Office of the Secretary of State by the respective boards and
12 educational institutions in the same manner.
13 Multiple payroll warrants issued to the same person shall
14 be noted with multiple warrants counted and reported as one
15 payroll warrant count for the purposes of the State
16 Employment Records Act. The total State remuneration to
17 persons paid by multiple payroll warrants or, if applicable,
18 contractual payroll system CO-2 vouchers, or both, shall be
19 reported separately by agency.
20 (Source: P.A. 87-1211.)
21 (15 ILCS 405/21) (from Ch. 15, par. 221)
22 Sec. 21. Rules and Regulations - Imprest accounts. The
23 Comptroller shall promulgate rules and regulations to
24 implement the exercise of his powers and performance of his
25 duties under this Act and to guide and assist State agencies
26 in complying with this Act. Any rule or regulation
27 specifically requiring the approval of the State Treasurer
28 under this Act for adoption by the comptroller shall require
29 the approval of the State Treasurer for modification or
30 repeal.
31 The Comptroller may provide in his rules and regulations
32 for periodic transfers, with the approval of the State
33 Treasurer, for use in accordance with the imprest system,
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1 subject to the rules and regulations of the Comptroller as
2 respects vouchers, controls and reports, as follows:
3 (a) To the University of Illinois, Southern
4 Illinois University at Carbondale, Southern Illinois
5 University at Edwardsville, Chicago State University,
6 Eastern Illinois University, Governors State University,
7 Illinois State University, Northeastern Illinois
8 University, Northern Illinois University, Western
9 Illinois University, and State Community College of East
10 St. Louis under the jurisdiction of the Illinois
11 Community College Board, not to exceed $200,000 for each
12 campus.
13 (b) To the Department of Agriculture and the
14 Department of Commerce and Community Affairs for the
15 operation of overseas offices, not to exceed $200,000 for
16 each Department for each overseas office.
17 (c) To the Department of Agriculture for the
18 purpose of making change for activities at each State
19 Fair, not to exceed $200,000, to be returned within 5
20 days of the termination of such activity.
21 (d) To the Department of Agriculture to pay (i)
22 State Fair premiums and awards and State Fair
23 entertainment contracts at each State Fair, and (ii)
24 ticket refunds for cancelled events. The amount
25 transferred from any fund shall not exceed the
26 appropriation for each specific purpose. This
27 authorization shall terminate each year within 60 days of
28 the close of each State Fair. The Department shall be
29 responsible for withholding State income tax, where
30 necessary, as required by Section 709 of the Illinois
31 Income Tax Act.
32 (e) To the State Treasurer to pay for securities'
33 safekeeping charges assessed by the Board of Governors of
34 the Federal Reserve System as a consequence of the
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1 Treasurer's use of the government securities' book-entry
2 system. This account shall not exceed $25,000.
3 (f) To the Illinois Mathematics and Science
4 Academy, not to exceed $15,000.
5 (Source: P.A. 91-753, eff. 7-1-00.)
6 Section 40. The Civil Administrative Code of Illinois is
7 amended by changing Section 5-525 as follows:
8 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
9 Sec. 5-525. In the Department of Agriculture.
10 (a) (Blank).
11 (b) An Advisory Board of Livestock Commissioners to
12 consist of 25 persons. The Board shall consist of the
13 administrator of animal disease programs, the Dean of the
14 College of Agriculture of the University of Illinois, the
15 Dean of the College of Veterinary Medicine of the University
16 of Illinois, and commencing on January 1, 1990 the Deans or
17 Chairmen of the Colleges or Departments of Agriculture of
18 Illinois State University, Southern Illinois University at
19 Carbondale, and Western Illinois University in that order who
20 shall each serve for 1 year terms, provided that commencing
21 on January 1, 1993 such terms shall be for 2 years in the
22 same order, the Director of Public Health, the Director of
23 Natural Resources, the chairman of the Agriculture,
24 Conservation and Energy Committee of the Senate, and the
25 chairman of the Committee on Agriculture of the House of
26 Representatives, who shall ex-officio be members of the
27 Board, and 17 additional persons interested in the
28 prevention, elimination and control of diseases of domestic
29 animals and poultry who shall be appointed by the Governor to
30 serve at the Governor's pleasure. An appointed member's
31 office becomes vacant upon the member's absence from 3
32 consecutive meetings. Of the 17 additional persons, one
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1 shall be a representative of breeders of beef cattle, one
2 shall be a representative of breeders of dairy cattle, one
3 shall be a representative of breeders of dual purpose cattle,
4 one shall be a representative of breeders of swine, one shall
5 be a representative of poultry breeders, one shall be a
6 representative of sheep breeders, one shall be a veterinarian
7 licensed in this State, one shall be a representative of
8 general or diversified farming, one shall be a representative
9 of deer or elk breeders, one shall be a representative of
10 livestock auction markets, one shall be a representative of
11 cattle feeders, one shall be a representative of pork
12 producers, one shall be a representative of the State
13 licensed meat packers, one shall be a representative of
14 canine breeders, one shall be a representative of equine
15 breeders, one shall be a representative of the Illinois
16 licensed renderers, and one shall be a representative of
17 livestock dealers. The members shall receive no compensation
18 but shall be reimbursed for expenses necessarily incurred in
19 the performance of their duties. In the appointment of the
20 Advisory Board of Livestock Commissioners, the Governor shall
21 consult with representative persons and recognized
22 organizations in the respective fields concerning the
23 appointments.
24 Rules and regulations of the Department of Agriculture
25 pertaining to the prevention, elimination, and control of
26 diseases of domestic animals and poultry shall be submitted
27 to the Advisory Board of Livestock Commissioners for approval
28 at its duly called meeting. The chairman of the Board shall
29 certify the official minutes of the Board's action and shall
30 file the certified minutes with the Department of Agriculture
31 within 30 days after the proposed rules and regulations are
32 submitted and before they are promulgated and made effective.
33 If the Board fails to take action within 30 days this
34 limitation shall not apply and the rules and regulations may
-20- LRB093 08082 NHT 08283 b
1 be promulgated and made effective. In the event it is deemed
2 desirable, the Board may hold hearings upon the rules and
3 regulations or proposed revisions. The Board members shall be
4 familiar with the Acts relating to the prevention,
5 elimination, and control of diseases among domestic animals
6 and poultry. The Department shall, upon the request of a
7 Board member, advise the Board concerning the administration
8 of the respective Acts.
9 The Director of Agriculture or his representative from
10 the Department shall act as chairman of the Board. The
11 Director shall call meetings of the Board from time to time
12 or when requested by 3 or more appointed members of the
13 Board. A quorum of appointed members must be present to
14 convene an official meeting. The chairman and ex-officio
15 members shall not be included in a quorum call. Ex-officio
16 members may be represented by a duly authorized
17 representative from their department, division, college, or
18 committee. Appointed members shall not be represented at a
19 meeting by another person. Ex-officio members and appointed
20 members shall have the right to vote on all proposed rules
21 and regulations; voting that in effect would pertain to
22 approving rules and regulations shall be taken by an oral
23 roll call. No member shall vote by proxy. The chairman
24 shall not vote except in the case of a tie vote. Any
25 ex-officio or appointed member may ask for and shall receive
26 an oral roll call on any motion before the Board. The
27 Department shall provide a clerk to take minutes of the
28 meetings and record transactions of the Board. The Board, by
29 oral roll call, may require an official court reporter to
30 record the minutes of the meetings.
31 (Source: P.A. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00;
32 91-798, eff. 7-9-00.)
33 Section 45. The Personnel Code is amended by changing
-21- LRB093 08082 NHT 08283 b
1 Section 4c as follows:
2 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
3 Sec. 4c. General exemptions. The following positions in
4 State service shall be exempt from jurisdictions A, B, and C,
5 unless the jurisdictions shall be extended as provided in
6 this Act:
7 (1) All officers elected by the people.
8 (2) All positions under the Lieutenant Governor,
9 Secretary of State, State Treasurer, State Comptroller,
10 State Board of Education, Clerk of the Supreme Court, and
11 Attorney General.
12 (3) Judges, and officers and employees of the
13 courts, and notaries public.
14 (4) All officers and employees of the Illinois
15 General Assembly, all employees of legislative
16 commissions, all officers and employees of the Illinois
17 Legislative Reference Bureau, the Legislative Research
18 Unit, and the Legislative Printing Unit.
19 (5) All positions in the Illinois National Guard
20 and Illinois State Guard, paid from federal funds or
21 positions in the State Military Service filled by
22 enlistment and paid from State funds.
23 (6) All employees of the Governor at the executive
24 mansion and on his immediate personal staff.
25 (7) Directors of Departments, the Adjutant General,
26 the Assistant Adjutant General, the Director of the
27 Illinois Emergency Management Agency, members of boards
28 and commissions, and all other positions appointed by
29 the Governor by and with the consent of the Senate.
30 (8) The presidents, other principal administrative
31 officers, and teaching, research and extension faculties
32 of Chicago State University, Eastern Illinois University,
33 Governors State University, Illinois State University,
-22- LRB093 08082 NHT 08283 b
1 Northeastern Illinois University, Northern Illinois
2 University, Western Illinois University, the Illinois
3 Community College Board, Southern Illinois University at
4 Carbondale, Southern Illinois University at Edwardsville,
5 Illinois Board of Higher Education, University of
6 Illinois, State Universities Civil Service System,
7 University Retirement System of Illinois, and the
8 administrative officers and scientific and technical
9 staff of the Illinois State Museum.
10 (9) All other employees except the presidents,
11 other principal administrative officers, and teaching,
12 research and extension faculties of the universities
13 under the jurisdiction of the Board of Regents and the
14 colleges and universities under the jurisdiction of the
15 Board of Governors of State Colleges and Universities,
16 Illinois Community College Board, Southern Illinois
17 University at Carbondale, Southern Illinois University at
18 Edwardsville, the Illinois Board of Higher Education,
19 Chicago State University, Eastern Illinois University,
20 Governors State University, Illinois State University,
21 Northeastern Illinois University, Northern Illinois
22 University, Western Illinois UniversityBoard of
23 Governors of State Colleges and Universities, the Board
24 of Regents, the University of Illinois, the State
25 Universities Civil Service System, and the University
26 Retirement System of Illinois, so long as these are
27 subject to the provisions of the State Universities Civil
28 Service Act.
29 (10) The State Police so long as they are subject
30 to the merit provisions of the State Police Act.
31 (11) The scientific staff of the State Scientific
32 Surveys and the Waste Management and Research Center.
33 (12) The technical and engineering staffs of the
34 Department of Transportation, the Department of Nuclear
-23- LRB093 08082 NHT 08283 b
1 Safety, the Pollution Control Board, and the Illinois
2 Commerce Commission, and the technical and engineering
3 staff providing architectural and engineering services in
4 the Department of Central Management Services.
5 (13) All employees of the Illinois State Toll
6 Highway Authority.
7 (14) The Secretary of the Industrial Commission.
8 (15) All persons who are appointed or employed by
9 the Director of Insurance under authority of Section 202
10 of the Illinois Insurance Code to assist the Director of
11 Insurance in discharging his responsibilities relating to
12 the rehabilitation, liquidation, conservation, and
13 dissolution of companies that are subject to the
14 jurisdiction of the Illinois Insurance Code.
15 (16) All employees of the St. Louis Metropolitan
16 Area Airport Authority.
17 (17) All investment officers employed by the
18 Illinois State Board of Investment.
19 (18) Employees of the Illinois Young Adult
20 Conservation Corps program, administered by the Illinois
21 Department of Natural Resources, authorized grantee under
22 Title VIII of the Comprehensive Employment and Training
23 Act of 1973, 29 USC 993.
24 (19) Seasonal employees of the Department of
25 Agriculture for the operation of the Illinois State Fair
26 and the DuQuoin State Fair, no one person receiving more
27 than 29 days of such employment in any calendar year.
28 (20) All "temporary" employees hired under the
29 Department of Natural Resources' Illinois Conservation
30 Service, a youth employment program that hires young
31 people to work in State parks for a period of one year or
32 less.
33 (21) All hearing officers of the Human Rights
34 Commission.
-24- LRB093 08082 NHT 08283 b
1 (22) All employees of the Illinois Mathematics and
2 Science Academy.
3 (23) All employees of the Kankakee River Valley
4 Area Airport Authority.
5 (Source: P.A. 90-490, eff. 8-17-97; 91-214, eff. 1-1-00;
6 91-357, eff. 7-29-99.)
7 Section 50. The Forms Notice Act is amended by changing
8 Section 4 as follows:
9 (20 ILCS 435/4) (from Ch. 127, par. 1404)
10 Sec. 4. Definition; State agency.
11 As used in this Act the term "state agency" means and
12 includes all boards, commissions, agencies, institutions,
13 authorities, bodies politic and corporate of the State
14 created by or pursuant to the constitution or statute, of the
15 executive branch of State government; However, such term does
16 not include colleges, universities and institutions under the
17 jurisdiction of the Board of Trustees of the University of
18 Illinois, the Board of Trustees of Southern Illinois
19 University at Carbondale, the Board of Trustees of Southern
20 Illinois University at Edwardsville, the Board of Trustees of
21 Chicago State University, the Board of Trustees of Eastern
22 Illinois University, the Board of Trustees of Governors State
23 University, the Board of Trustees of Illinois State
24 University, the Board of Trustees of Northeastern Illinois
25 University, the Board of Trustees of Northern Illinois
26 University, the Board of Trustees of Western Illinois
27 University, the Board of Higher Education, or the Illinois
28 Community College Board.
29 (Source: P.A. 89-4, eff. 1-1-96; 90-156, eff. 7-23-97;
30 90-372, eff. 7-1-98.)
31 Section 55. The Department of Commerce and Community
-25- LRB093 08082 NHT 08283 b
1 Affairs Law of the Civil Administrative Code of Illinois is
2 amended by changing Section 605-355 as follows:
3 (20 ILCS 605/605-355) (was 20 ILCS 605/46.19a in part)
4 Sec. 605-355. Grants for research and development in
5 high technology and service sectors.
6 (a) The Department is authorized to establish a program
7 of grants to universities, community colleges, research
8 institutions, research consortiums, other not-for-profit
9 entities, and Illinois businesses for the purpose of
10 fostering research and development in the high technology and
11 the service sector leading to the development of new products
12 and services that can be marketed by Illinois businesses. All
13 grant awards shall include a contract that may provide for
14 payment of negotiated royalties to the Department if the
15 product or service to be developed by the grantee is
16 subsequently licensed for production.
17 (b) Grants may be awarded to universities and research
18 institutions to assist them in making their faculties and
19 facilities available to Illinois businesses. The grants may
20 be used by a university or research institution for purposes
21 including but not limited to the following: (i) to establish
22 or enhance computerized cataloging of all research labs and
23 university staff and make those catalogues available to
24 Illinois businesses; (ii) to market products developed by the
25 university to Illinois businesses; (iii) to review
26 publications in order to identify, catalog, and inform
27 Illinois businesses of new practices in areas such as
28 robotics and biotechnology; (iv) to build an on-line,
29 information and technology system that relies on other
30 computerized networks in the United States; and (v) to assist
31 in securing temporary replacement for faculty who are granted
32 a leave of absence from their teaching duties for the purpose
33 of working full-time for an Illinois business to assist that
-26- LRB093 08082 NHT 08283 b
1 business with technology transfer.
2 (c) Grants may be awarded to universities and research
3 institutions, research consortiums, and other not-for-profit
4 entities for the purpose of identifying and supporting
5 Illinois businesses engaged in high technology and service
6 sector enterprises. The Illinois businesses identified and
7 funded shall include recipients of Small Business Innovation
8 Research Program funds under subsections (e) through (k) of
9 Section 9 of the Small Business Act (15 U.S.C. 638,
10 subsections (e) through (k)). Entities receiving grants under
11 this subsection (c) shall be known as commercialization
12 centers and shall engage in one or more of the following
13 activities:
14 (1) Directing research assistance for new venture
15 creations.
16 (2) General feasibility studies of new venture
17 ideas.
18 (3) Furthering the technical and intellectual
19 skills of the managers and owners of Illinois small
20 businesses.
21 (4) Commercialization of technology and research.
22 (5) Development of prototypes and testing new
23 products.
24 (6) Identifying and assisting in securing
25 financing.
26 (7) Marketing assistance.
27 (8) Assisting Illinois inventors in finding
28 Illinois manufacturers to produce and market their
29 inventions.
30 A commercialization center may charge a nominal fee or
31 accept royalty agreements for conducting feasibility studies
32 and other services.
33 (d) Grants may be awarded by the Department to Illinois
34 businesses to fund research and consultation arrangements
-27- LRB093 08082 NHT 08283 b
1 between businesses and universities, community colleges,
2 research institutions, research consortiums, and other
3 not-for-profit entities within this State.
4 The Department shall give priority to Illinois small
5 businesses in awarding grants. Each grant awarded under this
6 subsection (d) shall provide funding for up to 50% of the
7 cost of the research or consultation arrangements, not to
8 exceed $100,000; provided that the grant recipient utilizes
9 Illinois not for profit research and academic institutions to
10 perform the research and development function for which grant
11 funds were requested.
12 (e) Grants may be awarded to research consortiums and
13 other qualified applicants, in conjunction with private
14 sector or federal funding, for other creative systems that
15 bridge university resources and business, technological,
16 production, and development concerns.
17 (f) For the purposes of this Section:
18 "High technology" means any area of research or
19 development designed to foster greater knowledge or
20 understanding in fields such as computer science,
21 electronics, physics, chemistry, or biology for the purpose
22 of producing designing, developing, or improving prototypes
23 and new processes.
24 "Illinois business" means a "small business concern" as
25 defined in 15 U.S.C. 632 that conducts its business
26 primarily in Illinois.
27 "Illinois research institutions" refers to not-for-profit
28 entities, which include federally funded research
29 laboratories, that conduct research and development
30 activities for the purpose of producing, designing,
31 developing, or improving prototypes and new processes.
32 "Other not-for-profit entities" means nonprofit
33 organizations based in Illinois that are primarily devoted
34 to new enterprise or product development.
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1 "Private sector" has the meaning ascribed to it in 29
2 U.S.C. 1503.
3 "University" means either a degree granting institution
4 located in Illinois as defined in Section 2 of the Academic
5 Degree Act, or a State-supported institution of higher
6 learning administered by the Board of Trustees of the
7 University of Illinois, the Board of Trustees of Southern
8 Illinois University at Carbondale, the Board of Trustees of
9 Southern Illinois University at Edwardsville, the Board of
10 Trustees of Chicago State University, the Board of Trustees
11 of Eastern Illinois University, the Board of Trustees of
12 Governors State University, the Board of Trustees of Illinois
13 State University, the Board of Trustees of Northeastern
14 Illinois University, the Board of Trustees of Northern
15 Illinois University, the Board of Trustees of Western
16 Illinois University, or the Illinois Community College Board.
17 "Venture" means any Illinois business engaged in research
18 and development to create new products or services with high
19 growth potential.
20 (g) The Department may establish a program of grant
21 assistance on a matching basis to universities, community
22 colleges, small business development centers, community
23 action agencies and other not-for-profit economic development
24 agencies to encourage new enterprise development and new
25 business formation and to encourage enterprises in this
26 State. The Department may provide grants, which shall be
27 exempt from the provisions of Section 35-360, to
28 universities, community colleges, small business development
29 centers, community action agencies, and other not-for-profit
30 economic development entities for the purpose of making loans
31 to small businesses. All grant applications shall contain
32 information as required by the Department, including the
33 following: a program operation plan; a certification and
34 assurance that the small business applicants have received
-29- LRB093 08082 NHT 08283 b
1 business development training or education, have a business
2 and finance plan, and have experience in the proposed
3 business area; and a description of the support services that
4 the grant recipient will provide to the small business. No
5 more than 10% of the grant may be used by the grant recipient
6 for administrative costs associated with the grant. Grant
7 recipients may use grant funds under this program to make
8 loans on terms and conditions favorable to the small business
9 and shall give priority to those businesses located in high
10 poverty areas, enterprise zones, or both.
11 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
12 Section 60. The Department of Natural Resources Act is
13 amended by changing Section 15-10 as follows:
14 (20 ILCS 801/15-10)
15 Sec. 15-10. Board of Natural Resources and Conservation.
16 (a) Within the Department there shall be a Board of
17 Natural Resources and Conservation, composed of 8 persons.
18 The Board shall be composed of the Director of Natural
19 Resources (or the Director's designee), who shall be
20 chairman; the president of the University of Illinois, or his
21 or her representative; the president of Southern Illinois
22 University at Carbondale, or his or her representative; and
23 one appointed expert each in animal biology, geology,
24 engineering, chemistry, and plant biology, qualified by at
25 least 10 years of experience in practicing or teaching their
26 several professions. Appointed members of the Board shall be
27 appointed by the Governor, with the advice and consent of the
28 Senate.
29 The transfer of the Board to the Department under this
30 Act does not terminate or otherwise affect the term of
31 membership of any member of the Board, except for the change
32 in chairman.
-30- LRB093 08082 NHT 08283 b
1 (b) The Board, acting through 5 or more subcommittees,
2 each of which shall be composed of the Director of Natural
3 Resources, the president of the University of Illinois or his
4 or her representative, the president of Southern Illinois
5 University at Carbondale or his or her representative, and
6 the expert advisor specially qualified in the field of
7 investigation, shall:
8 (1) consider and decide matters pertaining to
9 natural history, geology, water and atmospheric
10 resources, forestry, and allied research, investigation,
11 and scientific work;
12 (2) select and appoint, without reference to the
13 State civil service law, members of the scientific staff,
14 prosecuting such research, investigation, and scientific
15 work;
16 (3) cooperate with the University of Illinois in
17 the use of scientific staff and equipment; and
18 (4) cooperate with the various departments of State
19 government in research, investigation, and scientific
20 work useful in the prosecution of the work of any
21 department.
22 (Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)
23 Section 65. The Capital Development Board Act is amended
24 by changing Section 12 as follows:
25 (20 ILCS 3105/12) (from Ch. 127, par. 782)
26 Sec. 12. Nothing in this Act shall be construed to
27 include the power to abrogate those powers vested in the
28 boards of the local public community college districts and
29 the Illinois Community College Board by the Public Community
30 College Act, the Board of Trustees of the University of
31 Illinois, the Board of Trustees of Southern Illinois
32 University at Carbondale, the Board of Trustees of Southern
-31- LRB093 08082 NHT 08283 b
1 Illinois University at Edwardsville, the Board of Trustees of
2 Chicago State University, the Board of Trustees of Eastern
3 Illinois University, the Board of Trustees of Governors State
4 University, the Board of Trustees of Illinois State
5 University, the Board of Trustees of Northeastern Illinois
6 University, the Board of Trustees of Northern Illinois
7 University, and the Board of Trustees of Western Illinois
8 University, hereinafter referred to as Governing Boards. In
9 the exercise of the powers conferred by law upon the Board
10 and in the exercise of the powers vested in such Governing
11 Boards, it is hereby provided that (i) the Board and any such
12 Governing Board may contract with each other and other
13 parties as to the design and construction of any project to
14 be constructed for or upon the property of such Governing
15 Board or any institution under its jurisdiction; (ii) in
16 connection with any such project, compliance with the
17 provisions of the Illinois Purchasing Act by either the Board
18 or such Governing Board shall be deemed to be compliance by
19 the other; (iii) funds appropriated to any such Governing
20 Board may be expended for any project constructed by the
21 Board for such Governing Board; (iv) in connection with any
22 such project the architects and engineers retained for the
23 project and the plans and specifications for the project must
24 be approved by both the Governing Board and the Board before
25 undertaking either design or construction of the project, as
26 the case may be.
27 (Source: P.A. 89-4, eff. 1-1-96.)
28 Section 70. The Building Authority Act is amended by
29 changing Sections 3, 4, 5, and 9 as follows:
30 (20 ILCS 3110/3) (from Ch. 127, par. 213.3)
31 Sec. 3. Duties. The Authority shall make thorough and
32 continuous studies and investigations of the following
-32- LRB093 08082 NHT 08283 b
1 building needs of the State of Illinois as they may from time
2 to time develop:
3 (a) Office structures, recreational facilities, fixed
4 equipment of any kind, electric, gas, steam, water and sewer
5 utilities, motor parking facilities, hospitals,
6 penitentiaries and facilities of every kind and character,
7 other than movable equipment, considered by the Authority
8 necessary or convenient for the efficient operation of any
9 unit which is used by any officer, department, board,
10 commission or other agency of the State.
11 (b) Buildings and other facilities intended for use as
12 classrooms, laboratories, libraries, student residence halls,
13 instructional and administrative facilities for students,
14 faculty, officers, and employees, and motor vehicle parking
15 facilities and fixed equipment for any institution or unit
16 under the control of the Board of Trustees of the University
17 of Illinois, the Board of Trustees of Southern Illinois
18 University at Carbondale, the Board of Trustees of Southern
19 Illinois University at Edwardsville, the Board of Trustees of
20 Chicago State University, the Board of Trustees of Eastern
21 Illinois University, the Board of Trustees of Governors State
22 University, the Board of Trustees of Illinois State
23 University, the Board of Trustees of Northeastern Illinois
24 University, the Board of Trustees of Northern Illinois
25 University, the Board of Trustees of Western Illinois
26 University, the School Building Commission or any public
27 community college district board.
28 (c) School sites, buildings and fixed equipment to meet
29 the needs of school districts unable to provide such
30 facilities because of lack of funds and constitutional bond
31 limitations, whenever any General Assembly has declared the
32 acquisition of sites, construction of buildings and
33 installation of fixed equipment for such school districts to
34 be in the public interest, and allocations of said
-33- LRB093 08082 NHT 08283 b
1 declarations shall be made as provided in Section 5 of this
2 Act.
3 Whenever the General Assembly declares by law that it is
4 in the public interest for the Authority to acquire any real
5 estate, construct, complete and remodel buildings, and
6 install fixed equipment in buildings and other facilities for
7 public community college districts, or for school districts
8 that qualify under Article 35 of The School Code, as amended
9 or as may hereafter be amended, the amount of any declaration
10 to be allocated to any public community college district
11 shall be determined by the Illinois Community College Board,
12 and the amount of any declaration to be allocated to any
13 School District qualifying under Article 35 of The School
14 Code shall be determined by the School Building Commission,
15 unless otherwise provided by law.
16 (Source: P.A. 89-4, eff. 1-1-96.)
17 (20 ILCS 3110/4) (from Ch. 127, par. 213.4)
18 Sec. 4. Any department, board, commission, agency or
19 officer of this State or the Board of Trustees of the
20 University of Illinois, the Board of Trustees of Southern
21 Illinois University at Carbondale, the Board of Trustees of
22 Southern Illinois University at Edwardsville, the Board of
23 Trustees of Chicago State University, the Board of Trustees
24 of Eastern Illinois University, the Board of Trustees of
25 Governors State University, the Board of Trustees of Illinois
26 State University, the Board of Trustees of Northeastern
27 Illinois University, the Board of Trustees of Northern
28 Illinois University, the Board of Trustees of Western
29 Illinois University, the School Building Commission, or any
30 public community college district board, may transfer
31 jurisdiction of or title to any property under its or his
32 control to the Authority when such transfer is approved in
33 writing by the Governor as being advantageous to the State.
-34- LRB093 08082 NHT 08283 b
1 (Source: P.A. 89-4, eff. 1-1-96.)
2 (20 ILCS 3110/5) (from Ch. 127, par. 213.5)
3 Sec. 5. Powers. To accomplish projects of the kind
4 listed in Section 3 above, the Authority shall possess the
5 following powers:
6 (a) Acquire by purchase or otherwise (including the
7 power of condemnation in the manner provided for the exercise
8 of the right of eminent domain under Article VII of the Code
9 of Civil Procedure, as amended), construct, complete, remodel
10 and install fixed equipment in any and all buildings and
11 other facilities as the General Assembly by law declares to
12 be in the public interest.
13 Whenever the General Assembly has by law declared it to
14 be in the public interest for the Authority to acquire any
15 real estate, construct, complete, remodel and install fixed
16 equipment in buildings and other facilities for public
17 community college districts, the Director of the Department
18 of Central Management Services shall, when requested by any
19 such public community college district board, enter into a
20 lease by and on behalf of and for the use of such public
21 community college district board to the extent appropriations
22 have been made by the General Assembly to pay the rents under
23 the terms of such lease.
24 In the course of such activities, acquire property of any
25 and every kind and description, whether real, personal or
26 mixed, by gift, purchase or otherwise. It may also acquire
27 real estate of the State of Illinois controlled by any
28 officer, department, board, commission, or other agency of
29 the State, or the Board of Trustees of the University of
30 Illinois, the Board of Trustees of Southern Illinois
31 University at Carbondale, the Board of Trustees of Southern
32 Illinois University at Edwardsville, the Board of Trustees of
33 Chicago State University, the Board of Trustees of Eastern
-35- LRB093 08082 NHT 08283 b
1 Illinois University, the Board of Trustees of Governors State
2 University, the Board of Trustees of Illinois State
3 University, the Board of Trustees of Northeastern Illinois
4 University, the Board of Trustees of Northern Illinois
5 University, the Board of Trustees of Western Illinois
6 University, the School Building Commission or any public
7 community college district board, the jurisdiction of which
8 is transferred by such officer, department, board,
9 commission, or other agency, or the Board of Trustees of
10 Southern Illinois University at Carbondale, the Board of
11 Trustees of Southern Illinois University at Edwardsville, the
12 Board of Trustees of Chicago State University, the Board of
13 Trustees of Eastern Illinois University, the Board of
14 Trustees of Governors State University, the Board of Trustees
15 of Illinois State University, the Board of Trustees of
16 Northeastern Illinois University, the Board of Trustees of
17 Northern Illinois University, the Board of Trustees of
18 Western Illinois University, or the School Building
19 Commission or any public community college district board, to
20 the Authority. The Board of Trustees of the University of
21 Illinois, the Board of Trustees of Southern Illinois
22 University at Carbondale, the Board of Trustees of Southern
23 Illinois University at Edwardsville, the Board of Trustees of
24 Chicago State University, the Board of Trustees of Eastern
25 Illinois University, the Board of Trustees of Governors State
26 University, the Board of Trustees of Illinois State
27 University, the Board of Trustees of Northeastern Illinois
28 University, the Board of Trustees of Northern Illinois
29 University, the Board of Trustees of Western Illinois
30 University, or the School Building Commission and any public
31 community college district board, respectively, shall prepare
32 plans and specifications for and have supervision over any
33 project to be undertaken by the Authority for their use.
34 Before any other particular construction is undertaken, plans
-36- LRB093 08082 NHT 08283 b
1 and specifications shall be approved by the lessee provided
2 for under (b) below, except as indicated above.
3 (b) Execute leases of facilities and sites to, and
4 charge for the use of any such facilities and sites by, any
5 officer, department, board, commission or other agency of the
6 State of Illinois, or the Director of the Department of
7 Central Management Services when the Director is requested
8 to, by and on behalf of, or for the use of, any officer,
9 department, board, commission or other agency of the State of
10 Illinois, or by the Board of Trustees of the University of
11 Illinois, the Board of Trustees of Southern Illinois
12 University at Carbondale, the Board of Trustees of Southern
13 Illinois University at Edwardsville, the Board of Trustees of
14 Chicago State University, the Board of Trustees of Eastern
15 Illinois University, the Board of Trustees of Governors State
16 University, the Board of Trustees of Illinois State
17 University, the Board of Trustees of Northeastern Illinois
18 University, the Board of Trustees of Northern Illinois
19 University, the Board of Trustees of Western Illinois
20 University, or the School Building Commission or any public
21 community college district board. Such leases may be entered
22 into contemporaneously with any financing to be done by the
23 Authority and payments under the terms of the lease shall
24 begin at any time after execution of any such lease.
25 (c) In the event of non-payment of rents reserved in
26 such leases, maintain and operate such facilities and sites
27 or execute leases thereof to others for any suitable
28 purposes. Such leases to the officers, departments, boards,
29 commissions, other agencies, the respective Boards of
30 Trustees,, or the School Building Commission or any public
31 community college district board shall contain the provision
32 that rents under such leases shall be payable solely from
33 appropriations to be made by the General Assembly for the
34 payment of such rent and any revenues derived from the
-37- LRB093 08082 NHT 08283 b
1 operation of the leased premises.
2 (d) Borrow money and issue and sell bonds in such amount
3 or amounts as the Authority may determine for the purpose of
4 acquiring, constructing, completing or remodeling, or putting
5 fixed equipment in any such facility; refund and refinance
6 the same from time to time as often as advantageous and in
7 the public interest to do so; and pledge any and all income
8 of such Authority, and any revenues derived from such
9 facilities, or any combination thereof, to secure the payment
10 of such bonds and to redeem such bonds. All such bonds are
11 subject to the provisions of Section 6 of this Act.
12 In addition to the permanent financing authorized by
13 Sections 5 and 6 of this Act, the Illinois Building Authority
14 may borrow money and issue interim notes in evidence thereof
15 for any of the projects, or to perform any of the duties
16 authorized under this Act, and in addition may borrow money
17 and issue interim notes for planning, architectural and
18 engineering, acquisition of land, and purchase of fixed
19 equipment as follows:
20 1. Whenever the Authority considers it advisable
21 and in the interests of the Authority to borrow funds
22 temporarily for any of the purposes enumerated in this
23 Section, the Authority may from time to time, and
24 pursuant to appropriate resolution, issue interim notes
25 to evidence such borrowings including funds for the
26 payment of interest on such borrowings and funds for all
27 necessary and incidental expenses in connection with any
28 of the purposes provided for by this Section and this Act
29 until the date of the permanent financing. Any resolution
30 authorizing the issuance of such notes shall describe the
31 project to be undertaken and shall specify the principal
32 amount, rate of interest (not exceeding the maximum rate
33 authorized by the Bond Authorization Act, as amended at
34 the time of the making of the contract,) and maturity
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1 date, but not to exceed 5 years from date of issue, and
2 such other terms as may be specified in such resolution;
3 however, time of payment of any such notes may be
4 extended for a period of not exceeding 3 years from the
5 maturity date thereof.
6 The Authority may provide for the registration of
7 the notes in the name of the owner either as to principal
8 alone, or as to both principal and interest, on such
9 terms and conditions as the Authority may determine by
10 the resolution authorizing their issue. The notes shall
11 be issued from time to time by the Authority as funds are
12 borrowed, in the manner the Authority may determine.
13 Interest on the notes may be made payable semiannually,
14 annually or at maturity. The notes may be made
15 redeemable, prior to maturity, at the option of the
16 Authority, in the manner and upon the terms fixed by the
17 resolution authorizing their issuance. The notes may be
18 executed in the name of the Authority by the Chairman of
19 the Authority or by any other officer or officers of the
20 Authority as the Authority by resolution may direct,
21 shall be attested by the Secretary or such other officer
22 or officers of the Authority as the Authority may by
23 resolution direct, and be sealed with the Authority's
24 corporate seal. All such notes and the interest thereon
25 may be secured by a pledge of any income and revenue
26 derived by the Authority from the project to be
27 undertaken with the proceeds of the notes and shall be
28 payable solely from such income and revenue and from the
29 proceeds to be derived from the sale of any revenue bonds
30 for permanent financing authorized to be issued under
31 Sections 5 and 6 of this Act, and from the property
32 acquired with the proceeds of the notes.
33 Contemporaneously with the issue of revenue bonds as
34 provided by this Act, all interim notes, even though they
-39- LRB093 08082 NHT 08283 b
1 may not then have matured, shall be paid, both principal
2 and interest to date of payment, from the funds derived
3 from the sale of revenue bonds for the permanent
4 financing and such interim notes shall be surrendered and
5 canceled.
6 2. The Authority, in order further to secure the
7 payment of the interim notes, is, in addition to the
8 foregoing, authorized and empowered to make any other or
9 additional covenants, terms and conditions not
10 inconsistent with the provisions of subparagraph (a) of
11 this Section, and do any and all acts and things as may
12 be necessary or convenient or desirable in order to
13 secure payment of its interim notes, or in the discretion
14 of the Authority, as will tend to make the interim notes
15 more acceptable to lenders, notwithstanding that the
16 covenants, acts or things may not be enumerated herein;
17 however, nothing contained in this subparagraph shall
18 authorize the Authority to secure the payment of the
19 interim notes out of property or facilities, other than
20 the facilities acquired with the proceeds of the interim
21 notes, and any net income and revenue derived from the
22 facilities and the proceeds of revenue bonds as
23 hereinabove provided.
24 (e) Convey property, without charge, to the State or to
25 the appropriate corporate agency of the State or to any
26 public community college district board if and when all debts
27 which have been secured by the income from such property have
28 been paid.
29 (f) Enter into contracts regarding any matter connected
30 with any corporate purpose within the objects and purposes of
31 this Act.
32 (g) Employ agents and employees necessary to carry out
33 the duties and purposes of the Authority.
34 (h) Adopt all necessary by-laws, rules and regulations
-40- LRB093 08082 NHT 08283 b
1 for the conduct of the business and affairs of the Authority,
2 and for the management and use of facilities and sites
3 acquired under the powers granted by this Act.
4 (i) Have and use a common seal and alter the same at
5 pleasure.
6 The Interim notes shall constitute State debt of the
7 State of Illinois within the meaning of any of the provisions
8 of the Constitution and statutes of the State of Illinois.
9 No member, officer, agent or employee of the Authority,
10 nor any other person who executes interim notes, shall be
11 liable personally by reason of the issuance thereof.
12 With respect to instruments for the payment of money
13 issued under this Section either before, on, or after the
14 effective date of this amendatory Act of 1989, it is and
15 always has been the intention of the General Assembly (i)
16 that the Omnibus Bond Acts are and always have been
17 supplementary grants of power to issue instruments in
18 accordance with the Omnibus Bond Acts, regardless of any
19 provision of this Act that may appear to be or to have been
20 more restrictive than those Acts, (ii) that the provisions of
21 this Section are not a limitation on the supplementary
22 authority granted by the Omnibus Bond Acts, and (iii) that
23 instruments issued under this Section within the
24 supplementary authority granted by the Omnibus Bond Acts are
25 not invalid because of any provision of this Act that may
26 appear to be or to have been more restrictive than those
27 Acts.
28 (Source: P.A. 89-4, eff. 1-1-96.)
29 (20 ILCS 3110/9) (from Ch. 127, par. 213.9)
30 Sec. 9. Limitation on disbursements. The Authority shall
31 keep account of the gross total income derived from each
32 separate project or any combination thereof undertaken
33 pursuant to this Act. Disbursements from a given account in
-41- LRB093 08082 NHT 08283 b
1 The Public Building Fund shall be ordered by the Authority
2 only for the payment of (1) the principal of and interest on
3 the bonds issued for each project, or combination thereof,
4 and (2) any other purposes set forth in the resolution
5 authorizing the issuance of such bonds.
6 An accurate record shall be kept of the rental payments
7 under each lease entered into by the Authority and any
8 officer, department, board, commission or other agency of the
9 State of Illinois, the Director of the Department of Central
10 Management Services, the Board of Trustees of the University
11 of Illinois, the Board of Trustees of Southern Illinois
12 University at Carbondale, the Board of Trustees of Southern
13 Illinois University at Edwardsville, the Board of Trustees of
14 Chicago State University, the Board of Trustees of Eastern
15 Illinois University, the Board of Trustees of Governors State
16 University, the Board of Trustees of Illinois State
17 University, the Board of Trustees of Northeastern Illinois
18 University, the Board of Trustees of Northern Illinois
19 University, the Board of Trustees of Western Illinois
20 University, the School Building Commission, or any public
21 community college district board, and when the rentals
22 applicable to each project or facility, or any combination
23 thereof, constructed, completed, remodeled, maintained and
24 equipped, have been paid in (1) amounts sufficient to
25 amortize and pay the principal of and interest upon the total
26 principal amount of bonds of the Authority issued to pay the
27 cost of each project or facility, including maintenance and
28 operation expenses and that proportion of the administrative
29 expense of the Authority as provided for by each lease, or
30 (2) amounts which when invested in direct obligations of the
31 United States of America are, together with earnings thereon,
32 sufficient to amortize and pay the principal of and interest
33 upon the total principal amount of bonds of the Authority
34 issued to pay the cost of each project or facility, including
-42- LRB093 08082 NHT 08283 b
1 maintenance and operation expenses and that proportion of the
2 administrative expense of the Authority as provided for by
3 each lease, the property shall be conveyed without charge to
4 the lessee.
5 (Source: P.A. 89-4, eff. 1-1-96.)
6 Section 75. The Legislative Commission Reorganization
7 Act of 1984 is amended by changing Section 10-3 as follows:
8 (25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
9 Sec. 10-3. The Legislative Research Unit may administer a
10 legislative staff internship program in cooperation with a
11 university in the state designated by the Legislative
12 Research Unit. For the purpose of advising in the
13 administration of such a program, there is created a
14 sponsoring committee for legislative staff internships
15 consisting of the chairman of the Legislative Research Unit
16 or a member designated by him, the President of the Senate or
17 a Senator designated by him, the Speaker of the House of
18 Representatives or a Representative designated by him, the
19 Minority Leader of the Senate or a Senator designated by him,
20 and the Minority Leader of the House of Representatives or a
21 Representative designated by him, as plenary members, and as
22 associate members, one person from the academic staff of each
23 university designated by the Legislative Research Unit as a
24 cooperating university and agreeing to cooperate, such person
25 to be appointed by the ranking academic official of such
26 university. Until the Legislative Research Unit, by
27 resolution, determines otherwise, such cooperating
28 universities are Northwestern University, Illinois Institute
29 of Technology, University of Chicago, University of Illinois,
30 Roosevelt University, Western Illinois University, Loyola
31 University of Chicago, Southern Illinois University at
32 Carbondale, Southern Illinois University at Edwardsville,
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1 DePaul University, Eastern Illinois University, Northern
2 Illinois University, Sangamon State University of Illinois at
3 Springfield, and Illinois State University. Associate
4 members shall serve at the pleasure of their respective
5 appointing authorities. Members of the sponsoring committee
6 shall serve without compensation, but shall be reimbursed for
7 necessary expenses in connection with the performance of
8 their duties.
9 (Source: P.A. 83-1257; revised 11-6-02.)
10 Section 80. The State Finance Act is amended by changing
11 Sections 6a-1, 6a-2, 6a-3, 10, 12-1, and 13.2 and adding
12 Section 6a-1h as follows:
13 (30 ILCS 105/6a-1) (from Ch. 127, par. 142a1)
14 Sec. 6a-1. Southern Illinois University at Carbondale;
15 retention of income.
16 (1) Beginning on the effective date of this amendatory
17 Act of 1996, The following items of income received by the
18 Southern Illinois University at Carbondale for general
19 operational and educational purposes shall be retained by the
20 University in its own treasury and credited to an account
21 known as the University Income Fund that it shall establish
22 in its treasury for purposes of this paragraph: (a) tuition
23 and laboratory fees not pledged to discharge obligations
24 arising out of the issuance of revenue bonds, library fees,
25 and all interest which may be earned thereon; and (b) excess
26 income from auxiliary enterprises and activities as provided
27 in paragraph (2) of this Section, and all other income
28 arising out of any activity or purpose not specified in
29 paragraph (2) of this Section or in Sections 6a-2 or 6a-3
30 upon receipt of the same without any deduction whatever. Such
31 items of income shall be deposited into a college or
32 university bank account within the time period established
-44- LRB093 08082 NHT 08283 b
1 for like amounts in Section 2 of the State Officers and
2 Employees Money Disposition Act. Within 10 days after the
3 effective date of this amendatory Act of 1996, all moneys
4 then remaining in the Southern Illinois University Income
5 Fund heretofore established as a special fund in the State
6 Treasury that were covered and paid into that fund by the
7 University shall be repaid to the University upon the warrant
8 of the State Comptroller, directed to the State Treasurer as
9 an order to pay the sum required to be repaid under this
10 paragraph and shown as due on the warrant. The University
11 shall deposit the amount so repaid to it in a college or
12 university bank account within the time period established
13 for like amounts in Section 2 of the State Officers and
14 Employees Money Disposition Act, to be credited to the
15 University Income Fund established by the University in its
16 own treasury for purposes of this paragraph. All moneys from
17 time to time held in the University Income Fund in the
18 treasury of the University shall be used by the University,
19 pursuant to the order and direction of the Board of Trustees
20 of the University, for the support and improvement of the
21 University, except for amounts disbursed from that University
22 Income Fund for refunds to students for whom duplicate
23 payment has been made and to students who have withdrawn
24 after registration and who are entitled to such refunds.
25 (2) The following items of income shall be retained by
26 the University in its own treasury: endowment funds, gifts,
27 trust funds, and Federal aid; funds received in connection
28 with contracts with governmental, public, or private agencies
29 or persons, for research or services including funds which
30 are paid as reimbursement to the University; funds received
31 in connection with reserves authorized by Section 8a of the
32 Southern Illinois University Management Act; funds received
33 in connection with its operation of medical research and high
34 technology parks and with the retention, receipt,
-45- LRB093 08082 NHT 08283 b
1 assignment, license, sale or transfer of interests in, rights
2 to, or income from discoveries, inventions, patents, or
3 copyrightable works; funds retained by the University under
4 the authority of Sections 6a-2 and 6a-3; and funds received
5 from the operation of student or staff residence facilities,
6 student and staff medical and health programs, Union
7 buildings, bookstores, farms, stores, and other auxiliary
8 enterprises or activities which are self-supporting in whole
9 or in part. Any income derived from such auxiliary
10 enterprises or activities which is not necessary to their
11 support, maintenance, or development shall not, however, be
12 applied to any general operational or educational purposes
13 but shall be retained by the University in its own treasury
14 and credited to the University Income Fund that it shall
15 establish in its treasury as provided in paragraph (1) of
16 this Section.
17 Whenever such funds retained by the University in its own
18 treasury are deposited with a bank or savings and loan
19 association and the amount of the deposit exceeds the amount
20 of federal deposit insurance coverage, a bond or pledged
21 securities shall be obtained. Only the types of securities
22 which the State Treasurer may, in his discretion, accept for
23 amounts not insured by the Federal Deposit Insurance
24 Corporation or the Federal Savings and Loan Insurance
25 Corporation under Section 11 of the Deposit of State Moneys
26 Act, may be accepted as pledged securities. The market value
27 of the bond or pledged securities shall at all times be equal
28 to or greater than the uninsured portion of the deposit.
29 The Auditor General shall audit or cause to be audited
30 the above items of income and all other income and
31 expenditures of such institution.
32 (Source: P.A. 89-602, eff. 8-2-96.)
33 (30 ILCS 105/6a-1h new)
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1 Sec. 6a-1h. Southern Illinois University at
2 Edwardsville; retention of income.
3 (a) The following items of income received by Southern
4 Illinois University at Edwardsville for general operational
5 and educational purposes shall be retained by the University
6 in its own treasury and credited to an account known as the
7 University Income Fund that it shall establish in its
8 treasury for purposes of this subsection (a): (1) tuition and
9 laboratory fees not pledged to discharge obligations arising
10 out of the issuance of revenue bonds, library fees, and all
11 interest that may be earned thereon; and (2) excess income
12 from auxiliary enterprises and activities as provided in
13 subsection (b) of this Section and all other income arising
14 out of any activity or purpose not specified in subsection
15 (b) of this Section or in Sections 6a-2 or 6a-3 upon receipt
16 of the same without any deduction whatever. Such items of
17 income shall be deposited into a college or university bank
18 account within the time period established for like amounts
19 in Section 2 of the State Officers and Employees Money
20 Disposition Act. All moneys from time to time held in the
21 University Income Fund in the treasury of the University
22 shall be used by the University, pursuant to the order and
23 direction of the Board of Trustees of the University, for the
24 support and improvement of the University, except for amounts
25 disbursed from that University Income Fund for refunds to
26 students for whom duplicate payment has been made and to
27 students who have withdrawn after registration and who are
28 entitled to such refunds.
29 (b) The following items of income shall be retained by
30 the University in its own treasury: endowment funds, gifts,
31 trust funds, and Federal aid; funds received in connection
32 with contracts with governmental, public, or private agencies
33 or persons for research or services, including funds that are
34 paid as reimbursement to the University; funds received in
-47- LRB093 08082 NHT 08283 b
1 connection with reserves authorized by Section 8a of the
2 Southern Illinois University Management Act; funds received
3 in connection with its operation of medical research and high
4 technology parks and with the retention, receipt,
5 assignment, license, sale, or transfer of interests in,
6 rights to, or income from discoveries, inventions, patents,
7 or copyrightable works; funds retained by the University
8 under the authority of Sections 6a-2 and 6a-3; and funds
9 received from the operation of student or staff residence
10 facilities, student and staff medical and health programs,
11 Union buildings, bookstores, farms, stores, and other
12 auxiliary enterprises or activities that are self-supporting
13 in whole or in part. Any income derived from such auxiliary
14 enterprises or activities that is not necessary to their
15 support, maintenance, or development shall not, however, be
16 applied to any general operational or educational purposes
17 but shall be retained by the University in its own treasury
18 and credited to the University Income Fund that it shall
19 establish in its treasury as provided in subsection (a) of
20 this Section.
21 Whenever such funds retained by the University in its own
22 treasury are deposited with a bank or savings and loan
23 association and the amount of the deposit exceeds the amount
24 of federal deposit insurance coverage, a bond or pledged
25 securities shall be obtained. Only the types of securities
26 that the State Treasurer may, in his or her discretion,
27 accept for amounts not insured by the Federal Deposit
28 Insurance Corporation or the Federal Savings and Loan
29 Insurance Corporation under Section 11 of the Deposit of
30 State Moneys Act may be accepted as pledged securities. The
31 market value of the bond or pledged securities shall at all
32 times be equal to or greater than the uninsured portion of
33 the deposit.
34 The Auditor General shall audit or cause to be audited
-48- LRB093 08082 NHT 08283 b
1 the above items of income and all other income and
2 expenditures of such institution.
3 (30 ILCS 105/6a-2) (from Ch. 127, par. 142a2)
4 Sec. 6a-2. Retention of certain funds by universities;
5 use of funds; audit.
6 (a) Each University listed in SectionSections 6a,or
7 6a-1, or 6a-1h may retain in its treasury any funds derived
8 from rentals, service charges and laboratory and building
9 service charges or other sources, assessed or obtained for or
10 arising out of the operation of any building or buildings or
11 structure or structures and pledged to discharge obligations
12 created in order to complete or operate such building or
13 structure, or for the payment of revenue bonds issued under
14 "An Act to authorize The Board of Trustees of Southern
15 Illinois University to acquire, build, purchase, or otherwise
16 construct, equip, complete, remodel, operate, control, and
17 manage student residence halls, dormitories, dining halls,
18 student union buildings, field houses, stadiums and other
19 revenue-producing buildings, including sites therefor, for
20 the Southern Illinois University, defining the duties of The
21 Board of Trustees of Southern Illinois University with
22 respect to operation and maintenance thereof, charging rates
23 or fees for the use thereof, and providing for and
24 authorizing the issuance of bonds for the purpose of
25 defraying the cost of construction, acquisition or equipment
26 of any such building or buildings payable from the revenues
27 derived from the operation thereof, or, when authorized by
28 The Board of Trustees, payable from such revenues as
29 supplemented by University income authorized by law to be
30 retained in the University treasury and applied to such
31 purpose, and for the refunding of any such bonds, and
32 authorizing investment in such bonds", approved June 30,
33 1949, as amended, or issued under the "Board of Governors of
-49- LRB093 08082 NHT 08283 b
1 State Colleges and Universities Revenue Bond Act", approved
2 May 8, 1947, as amended, as the case may be; and, to be
3 disbursed from time to time pursuant to the order and
4 direction of the Board of Trustees of Southern Illinois
5 University at Carbondale, the Board of Trustees of Southern
6 Illinois University at Edwardsville, or the Board of
7 Governors of State Colleges and Universities, and in
8 accordance with any contracts, pledges, trusts or agreements
9 heretofore or hereafter made by the Board of Trustees or
10 Board of Governors of State Colleges and Universities.
11 (b) The Board of Trustees of Southern Illinois
12 University at Carbondale and the Board of Trustees of
13 Southern Illinois University at Edwardsville may also retain
14 in their treasuriesits treasury, out of student fees and
15 tuition, such sums annually as eachthe Board determines are
16 necessary to supplement revenue derived from any building or
17 buildings constructed or acquired after July 1, 1957, or to
18 supplement revenues derived from any building or buildings
19 having bonds outstanding thereon which are refunded under the
20 provisions of "An Act to authorize The Board of Trustees of
21 Southern Illinois University to acquire, build, purchase, or
22 otherwise construct, equip, complete, remodel, operate,
23 control, and manage student residence halls, dormitories,
24 dining halls, student union buildings, field houses,
25 stadiums, and other revenue-producing buildings, including
26 sites therefor, for the Southern Illinois University,
27 defining the duties of The Board of Trustees of Southern
28 Illinois University with respect to operation and maintenance
29 thereof, charging rates or fees for the use thereof, and
30 providing for and authorizing the issuance of bonds for the
31 purpose of defraying the cost of construction, acquisition or
32 equipment of any such building or buildings payable from the
33 revenues derived from the operation thereof, or, when
34 authorized by The Board of Trustees, payable from such
-50- LRB093 08082 NHT 08283 b
1 revenues as supplemented by University income authorized by
2 law to be retained in the University treasury and applied to
3 such purpose, and for the refunding of any such bonds, and
4 authorizing investment in such bonds", approved June 30,
5 1949, as amended, and pledge or by resolution make a
6 supplementary allocation of the funds so retained out of
7 students' fees and tuition for the retirement of such bonds
8 as may be issued under such Act. Such funds as are so pledged
9 shall annually be credited to the account to which the pledge
10 applies. Such funds as are supplementarily allocated by Board
11 resolution subsequent to the resolution creating the bonds
12 shall be credited in accordance with the terms of the
13 resolution making such supplementary allocation to the
14 account to which the allocation applies. EachThe Board may
15 authorize such supplementation only after a determination by
16 it that the maximum revenues which may reasonably and
17 economically be derived from the operation of a building
18 proposed to be constructed or acquired under the Act herein
19 cited will be insufficient to meet the costs of operation and
20 maintenance and to pay the principal of and interest on bonds
21 issued for such building, or after a determination by it that
22 the maximum revenues which may reasonably and economically be
23 derived from the operation of a building already constructed
24 or acquired under the Act are or will be insufficient to meet
25 the costs of operation and maintenance and to pay the
26 principal of and interest on bonds issued for such building.
27 In no event shall the supplementation from University income
28 be in excess of an amount which, when added to the revenues
29 to be derived from the operation of the building or
30 buildings, will be sufficient to meet the annual debt service
31 requirements on the bonds issued in respect to such building
32 or buildings, the annual cost of maintenance or operation of
33 such building or buildings, and to provide for such reserves,
34 accounts or covenants which the resolution authorizing the
-51- LRB093 08082 NHT 08283 b
1 issuing of such bonds may require.
2 (c) The Auditor General shall audit or cause to be
3 audited the above items of income and all other income and
4 expenditures of such institutions.
5 (d) Beginning on January 1, 1996, the provisions of
6 subsection (a) of this Section, insofar as they relate to the
7 retention and use of any funds by or on behalf of the
8 universities listed in Section 6a, shall be superseded by
9 Section 5-35 of the Chicago State University Law and Section
10 6a-1c of the State Finance Act with respect to Chicago State
11 University; by Section 10-35 of the Eastern Illinois
12 University Law and Section 6a-1d of the State Finance Act
13 with respect to Eastern Illinois University; by Section 15-35
14 of the Governors State University Law and Section 6a-1e of
15 the State Finance Act with respect to Governors State
16 University; by Section 25-35 of the Northeastern Illinois
17 University Law and Section 6a-1f of the State Finance Act
18 with respect to Northeastern Illinois University; and by
19 Section 35-35 of the Western Illinois University Law and
20 Section 6a-1g of the State Finance Act with respect to
21 Western Illinois University. On January 1, 1996 all funds
22 deposited, retained, or otherwise held under subsection (a)
23 of this Section with respect to the universities listed in
24 Section 6a shall be transferred, retained and held as
25 provided by the provisions of law cited in this subsection
26 (d) as superseding the provisions of subsection (a) of this
27 Section, and in accordance with any contracts, pledges,
28 trusts, or agreements heretofore made by the Teachers College
29 Board or the Board of Governors of State Colleges and
30 Universities, or hereafter made by the respective Boards of
31 Trustees of the Universities named in this paragraph (d).
32 (Source: P.A. 89-4, eff. 1-1-96.)
33 (30 ILCS 105/6a-3) (from Ch. 127, par. 142a3)
-52- LRB093 08082 NHT 08283 b
1 Sec. 6a-3. The Board of Trustees of Southern Illinois
2 University at Carbondale and the Board of Trustees of
3 Southern Illinois University at Edwardsville may retain in
4 their treasuriessits treasury (a) all moneys received from
5 the sale of all bonds issued under the Southern Illinois
6 University Revenue Bond Act, (b) all fees, rentals and other
7 charges from students, staff members and others using or
8 being served by, or having the right to use or the right to
9 be served by, or to operate any project acquired under the
10 said Act, (c) all tuition, registration, matriculation,
11 health, hospital, medical, laboratory, admission, student
12 activities, student services, and all other fees collected
13 from students matriculated, registered or otherwise enrolled
14 at and attending the UniversitiesUniversity pledged under
15 the terms of any resolution authorizing bonds, or authorizing
16 a supplemental allocation of fees for debt service of bonds
17 theretofore issued, pursuant to the said Act, and (d) all
18 rentals from any facility or building acquired under the said
19 Act and leased to the United States of America.
20 The Auditor General shall audit or cause to be audited
21 the above items of income and all other income and
22 expenditures of such institutionsinstitution.
23 (Source: P.A. 76-1337.)
24 (30 ILCS 105/10) (from Ch. 127, par. 146)
25 Sec. 10. When an appropriation has been made by the
26 General Assembly for the ordinary and contingent expenses of
27 the operation, maintenance and administration of the several
28 offices, departments, institutions, boards, commissions and
29 agencies of the State government, the State Comptroller shall
30 draw his warrant on the State Treasurer for the payment of
31 the same upon the presentation of itemized vouchers, issued,
32 certified, and approved, as follows:
33 For appropriations to:
-53- LRB093 08082 NHT 08283 b
1 (1) Elective State officers in the executive
2 Department, to be certified and approved by such
3 officers, respectively;
4 (2) The Supreme Court, to be certified and approved
5 by the Chief Justice thereof;
6 (3) Appellate Court, to be certified and approved
7 by the Chief Justice of each judicial district;
8 (4) The State Senate, to be certified and approved
9 by the President;
10 (5) The House of Representatives, to be certified
11 and approved by the Speaker;
12 (6) The Auditor General, to be certified and
13 approved by the Auditor General;
14 (7) Clerks of courts, to be certified and approved
15 by the clerk incurring expenditures;
16 (8) The departments under the Civil Administrative
17 Code, to be certified and approved by the Director or
18 Secretary of the Department;
19 (9) The University of Illinois, to be certified by
20 the president and secretary of the Board of Trustees of
21 the University of Illinois, with the corporate seal of
22 the University attached thereto;
23 (10) The State Universities Retirement System, to
24 be certified to by the President and Secretary of the
25 Board of Trustees of the System;
26 (11) The Board of Trustees of Illinois State
27 University, to be certified to by the president and
28 secretary of that Board of Trustees, with the corporate
29 seal of that University attached thereto;
30 (12) The Board of Trustees of Northern Illinois
31 University, to be certified to by the president and
32 secretary of that Board of Trustees, with the corporate
33 seal of that University attached thereto;
34 (12a) The Board of Trustees of Chicago State
-54- LRB093 08082 NHT 08283 b
1 University, certified to by the president and secretary
2 of that Board of Trustees, with the corporate seal of
3 that University attached thereto;
4 (12b) The Board of Trustees of Eastern Illinois
5 University, certified to by the president and secretary
6 of that Board of Trustees, with the corporate seal of
7 that University attached thereto;
8 (12c) The Board of Trustees of Governors State
9 University, certified to by the president and secretary
10 of that Board of Trustees, with the corporate seal of
11 that University attached thereto;
12 (12d) The Board of Trustees of Northeastern
13 Illinois University, certified to by the president and
14 secretary of that Board of Trustees, with the corporate
15 seal of that University attached thereto;
16 (12e) The Board of Trustees of Western Illinois
17 University, certified to by the president and secretary
18 of that Board of Trustees, with the corporate seal of
19 that University attached thereto;
20 (13) Southern Illinois University at Carbondale, to
21 be certified to by the President and Secretary of the
22 Board of Trustees of Southern Illinois University at
23 Carbondale, with the corporate seal of the University
24 attached thereto;
25 (13a) Southern Illinois University at Edwardsville,
26 to be certified to by the President and Secretary of the
27 Board of Trustees of Southern Illinois University at
28 Edwardsville, with the corporate seal of the University
29 attached thereto;
30 (14) The Adjutant General, to be certified and
31 approved by the Adjutant General;
32 (15) The Illinois Legislative Investigating
33 Commission, to be certified and approved by its Chairman,
34 or when it is organized with Co-Chairmen, by either of
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1 its Co-Chairmen;
2 (16) All other officers, boards, commissions and
3 agencies of the State government, certified and approved
4 by such officer or by the president or chairman and
5 secretary or by the executive officer of such board,
6 commission or agency;
7 (17) Individuals, to be certified by such
8 individuals;
9 (18) The farmers' institute, agricultural,
10 livestock, poultry, scientific, benevolent, and other
11 private associations, or corporations of whatsoever
12 nature, to be certified and approved by the president and
13 secretary of such society.
14 Nothing contained in this Section shall be construed to
15 amend or modify the "Personnel Code".
16 This Section is subject to Section 9.02.
17 (Source: P.A. 89-4, eff. 1-1-96; 90-372, eff. 7-1-98.)
18 (30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
19 Sec. 12-1. Travel control boards.
20 (a) The following travel control boards are created with
21 the members and jurisdiction set forth below:
22 (1) A Travel Control Board is created within the
23 Office of the Attorney General consisting of the Attorney
24 General as chairman and 2 members of his supervisory
25 staff appointed by him. The board shall have
26 jurisdiction over travel by employees of the office.
27 (2) A Travel Control Board is created within the
28 Office of the State Comptroller consisting of the
29 Comptroller as chairman and 2 members of his supervisory
30 staff appointed by him. The board shall have
31 jurisdiction over travel by employees of the office.
32 (3) The Higher Education Travel Control Board shall
33 consist of 1211 members, one to be appointed by each of
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1 the following: the Board of Trustees of the University
2 of Illinois, the Board of Trustees of Southern Illinois
3 University at Carbondale, the Board of Trustees of
4 Southern Illinois University at Edwardsville, the Board
5 of Trustees of Chicago State University, the Board of
6 Trustees of Eastern Illinois University, the Board of
7 Trustees of Governors State University, the Board of
8 Trustees of Illinois State University, the Board of
9 Trustees of Northeastern Illinois University, the Board
10 of Trustees of Northern Illinois University, the Board of
11 Trustees of Western Illinois University, the Illinois
12 Community College Board and the Illinois Board of Higher
13 Education. Each member shall be an officer, member or
14 employee of the board making the appointment, or of an
15 institution governed or maintained by such board. The
16 board shall have jurisdiction over travel by the Board of
17 Higher Education, the Board of Trustees of the University
18 of Illinois, the Board of Trustees of Southern Illinois
19 University at Carbondale, the Board of Trustees of
20 Southern Illinois University at Edwardsville, the Board
21 of Trustees of Chicago State University, the Board of
22 Trustees of Eastern Illinois University, the Board of
23 Trustees of Governors State University, the Board of
24 Trustees of Illinois State University, the Board of
25 Trustees of Northeastern Illinois University, the Board
26 of Trustees of Northern Illinois University, the Board of
27 Trustees of Western Illinois University, the Illinois
28 Community College Board, the State Community College of
29 East St. Louis, the Illinois State Scholarship
30 Commission, the State Universities Retirement System, the
31 University Civil Service Merit Board, the Board of
32 Trustees of the Illinois Mathematics and Science Academy
33 and all employees of the named Boards, Commission and
34 System and of the institutions governed or maintained by
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1 the named Boards. The Higher Education Travel Control
2 Board shall select a chairman from among its members.
3 (4) The Legislative Travel Control Board shall
4 consist of the following members serving ex-officio: The
5 Auditor General as chairman, the President and the
6 Minority Leader of the Senate and the Speaker and the
7 Minority Leader of the House of Representatives. The
8 board shall have jurisdiction over travel by employees
9 of: the General Assembly, legislative boards and
10 commissions, the Office of the Auditor General and all
11 legislative agencies.
12 (5) A Travel Control Board is created within the
13 Office of the Lieutenant Governor consisting of the
14 Lieutenant Governor as chairman and 2 members of his
15 supervisory staff appointed by him. The board shall have
16 jurisdiction over travel by employees of the office. The
17 Travel Control Board within the office of the Lieutenant
18 Governor is subject to the provisions of Section 405-500
19 of the Department of Central Management Services Law (20
20 ILCS 405/405-500).
21 (6) A Travel Control Board is created within the
22 Office of the Secretary of State consisting of the
23 Secretary of State as chairman, and 2 members of his
24 supervisory staff appointed by him. The board shall have
25 jurisdiction over travel by employees of the office.
26 (7) A Travel Control Board is created within the
27 Judicial Branch consisting of a chairman and 2 members
28 appointed by the Supreme Court. The board shall have
29 jurisdiction over travel by personnel of the Judicial
30 Branch, except the circuit courts and the judges.
31 (8) A Travel Control Board is created under the
32 State Board of Education, consisting of the State
33 Superintendent of Education as chairman, and 2 members of
34 his supervisory staff appointed by the State Board of
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1 Education. The Board shall have jurisdiction over travel
2 by employees of the State Board of Education.
3 (9) A Travel Control Board is created within the
4 Office of the State Treasurer, consisting of the State
5 Treasurer as chairman and 2 members of his supervisory
6 staff appointed by him. The board shall have
7 jurisdiction over travel by employees of the office.
8 (10) A Governor's Travel Control Board is created
9 consisting of the Governor ex-officio as chairman, and 2
10 members appointed by the Governor. The board shall have
11 jurisdiction over travel by employees and officers of all
12 State agencies as defined in the Illinois State Auditing
13 Act, except for the following: judges, members of the
14 General Assembly, elected constitutional officers of the
15 State, the Auditor General, and personnel under the
16 jurisdiction of another travel control board created by
17 statute.
18 (a-5) The Commissioner of Banks and Real Estate, the
19 Prisoner Review Board, and the State Fire Marshal shall
20 submit to the Governor's Travel Control Board the quarterly
21 reports required by regulation pertaining to their employees
22 reimbursed for housing.
23 (b) Each travel control board created by this Section
24 shall meet at the call of the chairman at least quarterly to
25 review all vouchers, or a report thereof, for travel
26 reimbursements involving an exception to the State Travel
27 Regulations and Rates. Each travel control board shall
28 prescribe the procedures for submission of an information
29 copy of vouchers involving an exception to the general
30 provisions established by the State Travel Regulations and
31 Reimbursement Rates.
32 (c) Any chairman or member of a travel control board
33 may, with the consent of the respective appointing official,
34 designate a deputy to serve in his place at any or all
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1 meetings of the board. The designation shall be in writing
2 and directed to the chairman of the board.
3 (d) No member of a travel control board may receive
4 additional compensation for his service as a member.
5 (e) A report of the travel reimbursement claims reviewed
6 by each travel control board shall be submitted to the
7 Legislative Audit Commission at least once each quarter and
8 that Commission shall comment on all such reports in its
9 annual reports to the General Assembly.
10 (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
11 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
12 Sec. 13.2. Transfers among line item appropriations.
13 (a) Transfers among line item appropriations from the
14 same treasury fund for the objects specified in this Section
15 may be made in the manner provided in this Section when the
16 balance remaining in one or more such line item
17 appropriations is insufficient for the purpose for which the
18 appropriation was made.
19 No transfers may be made from one agency to another
20 agency, nor may transfers be made from one institution of
21 higher education to another institution of higher education.
22 Transfers may be made only among the objects of expenditure
23 enumerated in this Section, except that no funds may be
24 transferred from any appropriation for personal services,
25 from any appropriation for State contributions to the State
26 Employees' Retirement System, from any separate appropriation
27 for employee retirement contributions paid by the employer,
28 nor from any appropriation for State contribution for
29 employee group insurance. Further, if an agency receives a
30 separate appropriation for employee retirement contributions
31 paid by the employer, any transfer by that agency into an
32 appropriation for personal services must be accompanied by a
33 corresponding transfer into the appropriation for employee
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1 retirement contributions paid by the employer, in an amount
2 sufficient to meet the employer share of the employee
3 contributions required to be remitted to the retirement
4 system.
5 (b) In addition to the general transfer authority
6 provided under subsection (c), the following agencies have
7 the specific transfer authority granted in this subsection:
8 The Illinois Department of Public Aid is authorized to
9 make transfers representing savings attributable to not
10 increasing grants due to the births of additional children
11 from line items for payments of cash grants to line items for
12 payments for employment and social services for the purposes
13 outlined in subsection (f) of Section 4-2 of the Illinois
14 Public Aid Code.
15 The Department of Children and Family Services is
16 authorized to make transfers not exceeding 2% of the
17 aggregate amount appropriated to it within the same treasury
18 fund for the following line items among these same line
19 items: Foster Home and Specialized Foster Care and
20 Prevention, Institutions and Group Homes and Prevention, and
21 Purchase of Adoption and Guardianship Services.
22 The Department on Aging is authorized to make transfers
23 not exceeding 2% of the aggregate amount appropriated to it
24 within the same treasury fund for the following Community
25 Care Program line items among these same line items:
26 Homemaker and Senior Companion Services, Case Coordination
27 Units, and Adult Day Care Services.
28 The State Treasurer is authorized to make transfers among
29 line item appropriations from the Capital Litigation Trust
30 Fund, with respect to costs incurred in fiscal years 2002 and
31 2003 only, when the balance remaining in one or more such
32 line item appropriations is insufficient for the purpose for
33 which the appropriation was made, provided that no such
34 transfer may be made unless the amount transferred is no
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1 longer required for the purpose for which that appropriation
2 was made.
3 (c) The sum of such transfers for an agency in a fiscal
4 year shall not exceed 2% of the aggregate amount appropriated
5 to it within the same treasury fund for the following
6 objects: Personal Services; Extra Help; Student and Inmate
7 Compensation; State Contributions to Retirement Systems;
8 State Contributions to Social Security; State Contribution
9 for Employee Group Insurance; Contractual Services; Travel;
10 Commodities; Printing; Equipment; Electronic Data Processing;
11 Operation of Automotive Equipment; Telecommunications
12 Services; Travel and Allowance for Committed, Paroled and
13 Discharged Prisoners; Library Books; Federal Matching Grants
14 for Student Loans; Refunds; Workers' Compensation,
15 Occupational Disease, and Tort Claims; and, in appropriations
16 to institutions of higher education, Awards and Grants.
17 Notwithstanding the above, any amounts appropriated for
18 payment of workers' compensation claims to an agency to which
19 the authority to evaluate, administer and pay such claims has
20 been delegated by the Department of Central Management
21 Services may be transferred to any other expenditure object
22 where such amounts exceed the amount necessary for the
23 payment of such claims.
24 (c-1) Special provisions for State fiscal year 2003.
25 Notwithstanding any other provision of this Section to the
26 contrary, for State fiscal year 2003 only, transfers among
27 line item appropriations to an agency from the same treasury
28 fund may be made provided that the sum of such transfers for
29 an agency in State fiscal year 2003 shall not exceed 3% of
30 the aggregate amount appropriated to that State agency for
31 State fiscal year 2003 for the following objects: personal
32 services, except that no transfer may be approved which
33 reduces the aggregate appropriations for personal services
34 within an agency; extra help; student and inmate
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1 compensation; State contributions to retirement systems;
2 State contributions to social security; State contributions
3 for employee group insurance; contractual services; travel;
4 commodities; printing; equipment; electronic data processing;
5 operation of automotive equipment; telecommunications
6 services; travel and allowance for committed, paroled, and
7 discharged prisoners; library books; federal matching grants
8 for student loans; refunds; workers' compensation,
9 occupational disease, and tort claims; and, in appropriations
10 to institutions of higher education, awards and grants.
11 (d) Transfers among appropriations made to agencies of
12 the Legislative and Judicial departments and to the
13 constitutionally elected officers in the Executive branch
14 require the approval of the officer authorized in Section 10
15 of this Act to approve and certify vouchers. Transfers among
16 appropriations made to the University of Illinois, Southern
17 Illinois University at Carbondale, Southern Illinois
18 University at Edwardsville, Chicago State University, Eastern
19 Illinois University, Governors State University, Illinois
20 State University, Northeastern Illinois University, Northern
21 Illinois University, Western Illinois University, the
22 Illinois Mathematics and Science Academy and the Board of
23 Higher Education require the approval of the Board of Higher
24 Education and the Governor. Transfers among appropriations
25 to all other agencies require the approval of the Governor.
26 The officer responsible for approval shall certify that
27 the transfer is necessary to carry out the programs and
28 purposes for which the appropriations were made by the
29 General Assembly and shall transmit to the State Comptroller
30 a certified copy of the approval which shall set forth the
31 specific amounts transferred so that the Comptroller may
32 change his records accordingly. The Comptroller shall
33 furnish the Governor with information copies of all transfers
34 approved for agencies of the Legislative and Judicial
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1 departments and transfers approved by the constitutionally
2 elected officials of the Executive branch other than the
3 Governor, showing the amounts transferred and indicating the
4 dates such changes were entered on the Comptroller's records.
5 (Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03.)
6 Section 85. The State Officers and Employees Money
7 Disposition Act is amended by changing Section 1 as follows:
8 (30 ILCS 230/1) (from Ch. 127, par. 170)
9 Sec. 1. Application of Act; exemptions. The officers of
10 the Executive Department of the State Government, the Clerk
11 of the Supreme Court, the Clerks of the Appellate Courts, the
12 Departments of the State government created by the Civil
13 Administrative Code of Illinois, and all other officers,
14 boards, commissions, commissioners, departments,
15 institutions, arms or agencies, or agents of the Executive
16 Department of the State government except the University of
17 Illinois, Southern Illinois University at Carbondale,
18 Southern Illinois University at Edwardsville, Chicago State
19 University, Eastern Illinois University, Governors State
20 University, Illinois State University, Northeastern Illinois
21 University, Northern Illinois University, Western Illinois
22 University, the Cooperative Computer Center, and the Board of
23 Trustees of the Illinois Bank Examiners' Education Foundation
24 for moneys collected pursuant to subsection (11) of Section
25 48 of the Illinois Banking Act for purposes of the Illinois
26 Bank Examiners' Education Program are subject to this Act.
27 This Act shall not apply, however, to any of the following:
28 (i) the receipt by any such officer of federal funds made
29 available under such conditions as precluded the payment
30 thereof into the State Treasury, (ii) (blank), (iii) the
31 Director of Insurance in his capacity as rehabilitator or
32 liquidator under Article XIII of the Illinois Insurance Code,
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1 (iv) funds received by the Illinois State Scholarship
2 Commission from private firms employed by the State to
3 collect delinquent amounts due and owing from a borrower on
4 any loans guaranteed by such Commission under the Higher
5 Education Student Assistance Law or on any "eligible loans"
6 as that term is defined under the Education Loan Purchase
7 Program Law, or (v) moneys collected on behalf of lessees of
8 facilities of the Department of Agriculture located on the
9 Illinois State Fairgrounds at Springfield and DuQuoin. This
10 Section 1 shall not apply to the receipt of funds required to
11 be deposited in the Industrial Project Fund pursuant to
12 Section 12 of the Disabled Persons Rehabilitation Act.
13 (Source: P.A. 92-850, eff. 8-26-02.)
14 Section 90. The Public Funds Investment Act is amended
15 by changing Section 6 as follows:
16 (30 ILCS 235/6) (from Ch. 85, par. 906)
17 Sec. 6. Report of financial institutions.
18 (a) No bank shall receive any public funds unless it has
19 furnished the corporate authorities of a public agency
20 submitting a deposit with copies of the last two sworn
21 statements of resources and liabilities which the bank is
22 required to furnish to the Commissioner of Banks and Real
23 Estate or to the Comptroller of the Currency. Each bank
24 designated as a depository for public funds shall, while
25 acting as such depository, furnish the corporate authorities
26 of a public agency with a copy of all statements of resources
27 and liabilities which it is required to furnish to the
28 Commissioner of Banks and Real Estate or to the Comptroller
29 of the Currency; provided, that if such funds or moneys are
30 deposited in a bank, the amount of all such deposits not
31 collateralized or insured by an agency of the federal
32 government shall not exceed 75% of the capital stock and
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1 surplus of such bank, and the corporate authorities of a
2 public agency submitting a deposit shall not be discharged
3 from responsibility for any funds or moneys deposited in any
4 bank in excess of such limitation.
5 (b) No savings bank or savings and loan association
6 shall receive public funds unless it has furnished the
7 corporate authorities of a public agency submitting a deposit
8 with copies of the last 2 sworn statements of resources and
9 liabilities which the savings bank or savings and loan
10 association is required to furnish to the Commissioner of
11 Banks and Real Estate or the Federal Deposit Insurance
12 Corporation. Each savings bank or savings and loan
13 association designated as a depository for public funds
14 shall, while acting as such depository, furnish the corporate
15 authorities of a public agency with a copy of all statements
16 of resources and liabilities which it is required to furnish
17 to the Commissioner of Banks and Real Estate or the Federal
18 Deposit Insurance Corporation; provided, that if such funds
19 or moneys are deposited in a savings bank or savings and loan
20 association, the amount of all such deposits not
21 collateralized or insured by an agency of the federal
22 government shall not exceed 75% of the net worth of such
23 savings bank or savings and loan association as defined by
24 the Federal Deposit Insurance Corporation, and the corporate
25 authorities of a public agency submitting a deposit shall not
26 be discharged from responsibility for any funds or moneys
27 deposited in any savings bank or savings and loan association
28 in excess of such limitation.
29 (c) No credit union shall receive public funds unless it
30 has furnished the corporate authorities of a public agency
31 submitting a share deposit with copies of the last two
32 reports of examination prepared by or submitted to the
33 Illinois Department of Financial Institutions or the National
34 Credit Union Administration. Each credit union designated as
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1 a depository for public funds shall, while acting as such
2 depository, furnish the corporate authorities of a public
3 agency with a copy of all reports of examination prepared by
4 or furnished to the Illinois Department of Financial
5 Institutions or the National Credit Union Administration;
6 provided that if such funds or moneys are invested in a
7 credit union account, the amount of all such investments not
8 collateralized or insured by an agency of the federal
9 government or other approved share insurer shall not exceed
10 50% of the unimpaired capital and surplus of such credit
11 union, which shall include shares, reserves and undivided
12 earnings and the corporate authorities of a public agency
13 making an investment shall not be discharged from
14 responsibility for any funds or moneys invested in a credit
15 union in excess of such limitation.
16 (d) Whenever a public agency deposits any public funds
17 in a financial institution, the public agency may enter into
18 an agreement with the financial institution requiring any
19 funds not insured by the Federal Deposit Insurance
20 Corporation or the National Credit Union Administration or
21 other approved share insurer to be collateralized by
22 securities, mortgages, letters of credit issued by a Federal
23 Home Loan Bank, or loans covered by a State Guaranty under
24 the Illinois Farm Development Act in an amount equal to at
25 least market value of that amount of funds deposited
26 exceeding the insurance limitation provided by the Federal
27 Deposit Insurance Corporation or the National Credit Union
28 Administration or other approved share insurer.
29 (e) Paragraphs (a), (b), (c), and (d) of this Section do
30 not apply to the University of Illinois, Southern Illinois
31 University at Carbondale, Southern Illinois University at
32 Edwardsville, Chicago State University, Eastern Illinois
33 University, Governors State University, Illinois State
34 University, Northeastern Illinois University, Northern
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1 Illinois University, Western Illinois University, the
2 Cooperative Computer Center and public community colleges.
3 (Source: P.A. 91-324, eff. 1-1-00; 91-773, eff. 6-9-00.)
4 Section 95. The Educational Institution Bond
5 Authorization Act is amended by changing Section 1 as
6 follows:
7 (30 ILCS 395/1) (from Ch. 127, par. 307)
8 Sec. 1. The State of Illinois is authorized to issue and
9 sell and provide for the retirement of bonds of the State of
10 Illinois to the amount of $195,000,000 for the purpose of
11 providing funds in order to relieve overcrowded conditions by
12 making permanent improvements at educational institutions
13 owned by this State which are now under the jurisdiction,
14 management and control of the Board of Trustees of the
15 University of Illinois, the Board of Trustees of Southern
16 Illinois University at Carbondale, the Board of Trustees of
17 Southern Illinois University at Edwardsville, the Board of
18 Trustees of Chicago State University, the Board of Trustees
19 of Eastern Illinois University, the Board of Trustees of
20 Governors State University, the Board of Trustees of Illinois
21 State University, the Board of Trustees of Northeastern
22 Illinois University, the Board of Trustees of Northern
23 Illinois University, and the Board of Trustees of Western
24 Illinois University.
25 (Source: P.A. 89-4, eff. 1-1-96.)
26 Section 100. The Illinois Procurement Code is amended by
27 changing Sections 1-15.100 and 50-13 as follows:
28 (30 ILCS 500/1-15.100)
29 Sec. 1-15.100. State agency. "State agency" means and
30 includes all boards, commissions, agencies, institutions,
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1 authorities, and bodies politic and corporate of the State,
2 created by or in accordance with the constitution or statute,
3 of the executive branch of State government and does include
4 colleges, universities, and institutions under the
5 jurisdiction of the governing boards of the University of
6 Illinois, Southern Illinois University at Carbondale,
7 Southern Illinois University at Edwardsville, Illinois State
8 University, Eastern Illinois University, Northern Illinois
9 University, Western Illinois University, Chicago State
10 University, Governor State University, Northeastern Illinois
11 University, and the Board of Higher Education. However, this
12 term does not apply to public employee retirement systems or
13 investment boards that are subject to fiduciary duties
14 imposed by the Illinois Pension Code or to the University of
15 Illinois Foundation. "State agency" does not include units
16 of local government, school districts, community colleges
17 under the Public Community College Act, and the Illinois
18 Comprehensive Health Insurance Board.
19 (Source: P.A. 90-572, eff. 2-6-98.)
20 (30 ILCS 500/50-13)
21 Sec. 50-13. Conflicts of interest.
22 (a) Prohibition. It is unlawful for any person holding
23 an elective office in this State, holding a seat in the
24 General Assembly, or appointed to or employed in any of the
25 offices or agencies of State government and who receives
26 compensation for such employment in excess of 60% of the
27 salary of the Governor of the State of Illinois, or who is an
28 officer or employee of the Capital Development Board or the
29 Illinois Toll Highway Authority, or who is the spouse or
30 minor child of any such person to have or acquire any
31 contract, or any direct pecuniary interest in any contract
32 therein, whether for stationery, printing, paper, or any
33 services, materials, or supplies, that will be wholly or
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1 partially satisfied by the payment of funds appropriated by
2 the General Assembly of the State of Illinois or in any
3 contract of the Capital Development Board or the Illinois
4 Toll Highway Authority.
5 (b) Interests. It is unlawful for any firm,
6 partnership, association, or corporation, in which any person
7 listed in subsection (a) is entitled to receive (i) more than
8 7 1/2% of the total distributable income or (ii) an amount in
9 excess of the salary of the Governor, to have or acquire any
10 such contract or direct pecuniary interest therein.
11 (c) Combined interests. It is unlawful for any firm,
12 partnership, association, or corporation, in which any person
13 listed in subsection (a) together with his or her spouse or
14 minor children is entitled to receive (i) more than 15%, in
15 the aggregate, of the total distributable income or (ii) an
16 amount in excess of 2 times the salary of the Governor, to
17 have or acquire any such contract or direct pecuniary
18 interest therein.
19 (d) Securities. Nothing in this Section invalidates the
20 provisions of any bond or other security previously offered
21 or to be offered for sale or sold by or for the State of
22 Illinois.
23 (e) Prior interests. This Section does not affect the
24 validity of any contract made between the State and an
25 officer or employee of the State or member of the General
26 Assembly, his or her spouse, minor child or any combination
27 of those persons if that contract was in existence before his
28 or her election or employment as an officer, member, or
29 employee. The contract is voidable, however, if it cannot be
30 completed within 365 days after the officer, member, or
31 employee takes office or is employed.
32 (f) Exceptions.
33 (1) Public aid payments. This Section does not
34 apply to payments made for a public aid recipient.
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1 (2) Teaching. This Section does not apply to a
2 contract for personal services as a teacher or school
3 administrator between a member of the General Assembly or
4 his or her spouse, or a State officer or employee or his
5 or her spouse, and any school district, public community
6 college district, the University of Illinois, Southern
7 Illinois University at Carbondale, Southern Illinois
8 University at Edwardsville, Illinois State University,
9 Eastern Illinois University, Northern Illinois
10 University, Western Illinois University, Chicago State
11 University, Governor State University, or Northeastern
12 Illinois University.
13 (3) Ministerial duties. This Section does not
14 apply to a contract for personal services of a wholly
15 ministerial character, including but not limited to
16 services as a laborer, clerk, typist, stenographer, page,
17 bookkeeper, receptionist, or telephone switchboard
18 operator, made by a spouse or minor child of an elective
19 or appointive State officer or employee or of a member of
20 the General Assembly.
21 (4) Child and family services. This Section does
22 not apply to payments made to a member of the General
23 Assembly, a State officer or employee, his or her spouse
24 or minor child acting as a foster parent, homemaker,
25 advocate, or volunteer for or in behalf of a child or
26 family served by the Department of Children and Family
27 Services.
28 (5) Licensed professionals. Contracts with licensed
29 professionals, provided they are competitively bid or
30 part of a reimbursement program for specific, customary
31 goods and services through the Department of Children and
32 Family Services, the Department of Human Services, the
33 Department of Public Aid, the Department of Public
34 Health, or the Department on Aging.
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1 (g) Penalty. A person convicted of a violation of this
2 Section is guilty of a business offense and shall be fined
3 not less than $1,000 nor more than $5,000.
4 (Source: P.A. 90-572, eff. 2-6-98.)
5 Section 105. The Business Enterprise for Minorities,
6 Females, and Persons with Disabilities Act is amended by
7 changing Section 2 as follows:
8 (30 ILCS 575/2) (from Ch. 127, par. 132.602)
9 (Section scheduled to be repealed on September 6, 2004)
10 Sec. 2. Definitions.
11 (A) For the purpose of this Act, the following terms
12 shall have the following definitions:
13 (1) "Minority person" shall mean a person who is a
14 citizen or lawful permanent resident of the United States and
15 who is:
16 (a) African American (a person having origins in
17 any of the black racial groups in Africa);
18 (b) Hispanic (a person of Spanish or Portuguese
19 culture with origins in Mexico, South or Central America,
20 or the Caribbean Islands, regardless of race);
21 (c) Asian American (a person having origins in any
22 of the original peoples of the Far East, Southeast Asia,
23 the Indian Subcontinent or the Pacific Islands); or
24 (d) Native American or Alaskan Native (a person
25 having origins in any of the original peoples of North
26 America).
27 (2) "Female" shall mean a person who is a citizen or
28 lawful permanent resident of the United States and who is of
29 the female gender.
30 (2.05) "Person with a disability" means a person who is
31 a citizen or lawful resident of the United States and is a
32 person qualifying as being disabled under subdivision (2.1)
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1 of this subsection (A).
2 (2.1) "Disabled" means a severe physical or mental
3 disability that:
4 (a) results from:
5 amputation,
6 arthritis,
7 autism,
8 blindness,
9 burn injury,
10 cancer,
11 cerebral palsy,
12 cystic fibrosis,
13 deafness,
14 head injury,
15 heart disease,
16 hemiplegia,
17 hemophilia,
18 respiratory or pulmonary dysfunction,
19 mental retardation,
20 mental illness,
21 multiple sclerosis,
22 muscular dystrophy,
23 musculoskeletal disorders,
24 neurological disorders, including stroke and epilepsy,
25 paraplegia,
26 quadriplegia and other spinal cord conditions,
27 sickle cell anemia,
28 specific learning disabilities, or
29 end stage renal failure disease; and
30 (b) substantially limits one or more of the person's
31 major life activities.
32 Another disability or combination of disabilities may
33 also be considered as a severe disability for the purposes of
34 item (a) of this subdivision (2.1) if it is determined by an
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1 evaluation of rehabilitation potential to cause a comparable
2 degree of substantial functional limitation similar to the
3 specific list of disabilities listed in item (a) of this
4 subdivision (2.1).
5 (3) "Minority owned business" means a business concern
6 which is at least 51% owned by one or more minority persons,
7 or in the case of a corporation, at least 51% of the stock in
8 which is owned by one or more minority persons; and the
9 management and daily business operations of which are
10 controlled by one or more of the minority individuals who own
11 it.
12 (4) "Female owned business" means a business concern
13 which is at least 51% owned by one or more females, or, in
14 the case of a corporation, at least 51% of the stock in which
15 is owned by one or more females; and the management and daily
16 business operations of which are controlled by one or more of
17 the females who own it.
18 (4.1) "Business owned by a person with a disability"
19 means a business concern that is at least 51% owned by one or
20 more persons with a disability and the management and daily
21 business operations of which are controlled by one or more of
22 the persons with disabilities who own it. A not-for-profit
23 agency for persons with disabilities that is exempt from
24 taxation under Section 501 of the Internal Revenue Code of
25 1986 is also considered a "business owned by a person with a
26 disability".
27 (4.2) "Council" means the Business Enterprise Council
28 for Minorities, Females, and Persons with Disabilities
29 created under Section 5 of this Act.
30 (5) "State contracts" shall mean all State contracts,
31 funded exclusively with State funds which are not subject to
32 federal reimbursement, whether competitively bid or
33 negotiated as defined by the Secretary of the Council and
34 approved by the Council.
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1 "State construction contracts" means all State contracts
2 entered into by a State agency or State university for the
3 repair, remodeling, renovation or construction of a building
4 or structure, or for the construction or maintenance of a
5 highway defined in Article 2 of the Illinois Highway Code.
6 (6) "State agencies" shall mean all departments,
7 officers, boards, commissions, institutions and bodies
8 politic and corporate of the State, but does not include the
9 Board of Trustees of the University of Illinois, the Board of
10 Trustees of Southern Illinois University, the Board of
11 Trustees of Chicago State University, the Board of Trustees
12 of Eastern Illinois University, the Board of Trustees of
13 Governors State University, the Board of Trustees of Illinois
14 State University, the Board of Trustees of Northeastern
15 Illinois University, the Board of Trustees of Northern
16 Illinois University, the Board of Trustees of Western
17 Illinois University, municipalities or other local
18 governmental units, or other State constitutional officers.
19 (7) "State universities" shall mean the Board of
20 Trustees of the University of Illinois, the Board of Trustees
21 of Southern Illinois University at Carbondale, the Board of
22 Trustees of Southern Illinois University at Edwardsville, the
23 Board of Trustees of Chicago State University, the Board of
24 Trustees of Eastern Illinois University, the Board of
25 Trustees of Governors State University, the Board of Trustees
26 of Illinois State University, the Board of Trustees of
27 Northeastern Illinois University, the Board of Trustees of
28 Northern Illinois University, and the Board of Trustees of
29 Western Illinois University.
30 (8) "Certification" means a determination made by the
31 Council or by one delegated authority from the Council to
32 make certifications, or by a State agency with statutory
33 authority to make such a certification, that a business
34 entity is a business owned by a minority, female, or person
-75- LRB093 08082 NHT 08283 b
1 with a disability for whatever purpose.
2 (9) "Control" means the exclusive or ultimate and sole
3 control of the business including, but not limited to,
4 capital investment and all other financial matters, property,
5 acquisitions, contract negotiations, legal matters,
6 officer-director-employee selection and comprehensive hiring,
7 operating responsibilities, cost-control matters, income and
8 dividend matters, financial transactions and rights of other
9 shareholders or joint partners. Control shall be real,
10 substantial and continuing, not pro forma. Control shall
11 include the power to direct or cause the direction of the
12 management and policies of the business and to make the
13 day-to-day as well as major decisions in matters of policy,
14 management and operations. Control shall be exemplified by
15 possessing the requisite knowledge and expertise to run the
16 particular business and control shall not include simple
17 majority or absentee ownership.
18 (10) "Business concern or business" means a business
19 which has annual gross sales for the most recent fiscal year
20 of less than $27,000,000, except that a firm with gross sales
21 in excess of that amount may apply to the Council for
22 certification for a particular contract if the firm can
23 demonstrate that the contract would have significant impact
24 on businesses owned by minorities, females, or persons with
25 disabilities as suppliers or subcontractors or in employment
26 of minorities, females, or persons with disabilities.
27 (B) When a business concern is owned at least 51% by any
28 combination of minority persons, females, or persons with
29 disabilities, even though none of the 3 classes alone holds
30 at least a 51% interest, the ownership requirement for
31 purposes of this Act is considered to be met. The
32 certification category for the business is that of the class
33 holding the largest ownership interest in the business. If 2
34 or more classes have equal ownership interests, the
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1 certification category shall be determined by the Department
2 of Central Management Services.
3 (Source: P.A. 92-670, eff. 7-16-02.)
4 Section 110. The Build Illinois Act is amended by
5 changing Section 1-3 as follows:
6 (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
7 Sec. 1-3. The following agencies, boards and entities of
8 State government may expend appropriations for the purposes
9 contained in this Act: Department of Natural Resources;
10 Department of Agriculture; Illinois Development Finance
11 Authority; Capital Development Board; Department of
12 Transportation; Department of Central Management Services;
13 Illinois Arts Council; Environmental Protection Agency;
14 Historic Preservation Agency; State Board of Higher
15 Education; the Metropolitan Pier and Exposition Authority;
16 State Board of Education; Illinois Community College Board;
17 Board of Trustees of the University of Illinois; Board of
18 Trustees of Chicago State University; Board of Trustees of
19 Eastern Illinois University; Board of Trustees of Governors
20 State University; Board of Trustees of Illinois State
21 University; Board of Trustees of Northeastern Illinois
22 University; Board of Trustees of Northern Illinois
23 University; Board of Trustees of Western Illinois University;
24 and Board of Trustees of Southern Illinois University at
25 Carbondale; and Board of Trustees of Southern Illinois
26 University at Edwardsville.
27 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
28 Section 115. The Illinois Pension Code is amended by
29 changing Sections 15-106 and 24-109 as follows:
30 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
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1 Sec. 15-106. Employer. "Employer": The University of
2 Illinois, Southern Illinois University at Carbondale,
3 Southern Illinois University at Edwardsville, Chicago State
4 University, Eastern Illinois University, Governors State
5 University, Illinois State University, Northeastern Illinois
6 University, Northern Illinois University, Western Illinois
7 University, the State Board of Higher Education, the Illinois
8 Mathematics and Science Academy, the State Geological Survey
9 Division of the Department of Natural Resources, the State
10 Natural History Survey Division of the Department of Natural
11 Resources, the State Water Survey Division of the Department
12 of Natural Resources, the Waste Management and Research
13 Center of the Department of Natural Resources, the University
14 Civil Service Merit Board, the Board of Trustees of the State
15 Universities Retirement System, the Illinois Community
16 College Board, community college boards, any association of
17 community college boards organized under Section 3-55 of the
18 Public Community College Act, the Board of Examiners
19 established under the Illinois Public Accounting Act, and,
20 only during the period for which employer contributions
21 required under Section 15-155 are paid, the following
22 organizations: the alumni associations, the foundations and
23 the athletic associations which are affiliated with the
24 universities and colleges included in this Section as
25 employers. A department as defined in Section 14-103.04 is
26 an employer for any person appointed by the Governor under
27 the Civil Administrative Code of Illinois who is a
28 participating employee as defined in Section 15-109. The
29 cities of Champaign and Urbana shall be considered employers,
30 but only during the period for which contributions are
31 required to be made under subsection (b-1) of Section 15-155
32 and only with respect to individuals described in subsection
33 (h) of Section 15-107.
34 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
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1 eff. 8-17-97; 90-511, eff. 8-22-97; 90-576, eff. 3-31-98;
2 90-655, eff. 7-30-98.)
3 (40 ILCS 5/24-109) (from Ch. 108 1/2, par. 24-109)
4 Sec. 24-109. Football Coaches.
5 (a) Any football coach employed by the Board of Trustees
6 of Chicago State University, the Board of Trustees of Eastern
7 Illinois University, the Board of Trustees of Governors State
8 University, the Board of Trustees of Illinois State
9 University, the Board of Trustees of Northeastern Illinois
10 University, the Board of Trustees of Northern Illinois
11 University, the Board of Trustees of Western Illinois
12 University, the University of Illinois Board of Trustees, or
13 the Board of Trustees of Southern Illinois University at
14 Carbondale, or the Board of Trustees of Southern Illinois
15 University at EdwardsvilleSystem Board of Trustees, may
16 participate in the American Football Coaches Retirement Trust
17 in accordance with the conditions of that Trust, of this
18 Section, and of applicable federal law.
19 (b) A football coach who elects to participate in the
20 Trust may defer a part of his compensation as a coach by
21 making employee contributions to the Trust. Amounts deferred
22 by the coach under this Section shall be deemed a part of the
23 coach's compensation for purposes of participation in the
24 State Universities Retirement System but, in accordance with
25 the U.S. Internal Revenue Code of 1986, shall not be included
26 in the computation of federal income taxes withheld on behalf
27 of the coach. The employing institution of higher education
28 shall not make any employer contributions to the Trust on
29 behalf of the coach.
30 (c) A football coach who participates in the Trust may
31 not participate in any other program of deferred compensation
32 under this Article during any year in which he makes
33 contributions to the Trust.
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1 (d) Participation in the Trust shall be administered by
2 the institution of higher education that employs the coach.
3 Each such institution shall report annually to the General
4 Assembly on the status of the Trust and participation under
5 this Section.
6 (e) The right to participate in the Trust that is
7 granted by this Section is subject to future limitation, and
8 shall not be deemed to be a pension benefit that is protected
9 from impairment under Section 5 of Article XIII of the
10 Illinois Constitution.
11 (Source: P.A. 90-14, eff. 7-1-97.)
12 Section 120. The Counties Code is amended by changing
13 Section 4-2001 as follows:
14 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
15 Sec. 4-2001. State's attorney salaries.
16 (a) There shall be allowed to the several state's
17 attorneys in this State, except the state's attorney of Cook
18 County, the following annual salary:
19 (1) Subject to paragraph (5), to each state's
20 attorney in counties containing less than 10,000
21 inhabitants, $40,500 until December 31, 1988, $45,500
22 until June 30, 1994, and $55,500 thereafter or as set by
23 the Compensation Review Board, whichever is greater.
24 (2) Subject to paragraph (5), to each state's
25 attorney in counties containing 10,000 or more
26 inhabitants but less than 20,000 inhabitants, $46,500
27 until December 31, 1988, $61,500 until June 30, 1994, and
28 $71,500 thereafter or as set by the Compensation Review
29 Board, whichever is greater.
30 (3) Subject to paragraph (5), to each state's
31 attorney in counties containing 20,000 or more but less
32 than 30,000 inhabitants, $51,000 until December 31, 1988,
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1 $65,000 until June 30, 1994, and $75,000 thereafter or as
2 set by the Compensation Review Board, whichever is
3 greater.
4 (4) To each state's attorney in counties of 30,000
5 or more inhabitants, $65,500 until December 31, 1988,
6 $80,000 until June 30, 1994, and $96,837 thereafter or as
7 set by the Compensation Review Board, whichever is
8 greater.
9 (5) Effective December 1, 2000, to each state's
10 attorney in counties containing fewer than 30,000
11 inhabitants, the same salary plus any cost of living
12 adjustments as authorized by the Compensation Review
13 Board to take effect after January 1, 1999, for state's
14 attorneys in counties containing 20,000 or more but fewer
15 than 30,000 inhabitants, or as set by the Compensation
16 Review Board whichever is greater.
17 The State shall furnish 66 2/3% of the total annual
18 compensation to be paid to each state's attorney in Illinois
19 based on the salary in effect on December 31, 1988, and 100%
20 of the increases in salary taking effect after December 31,
21 1988.
22 Said amounts furnished by the State shall be payable
23 monthly from the state treasury to the county in which each
24 state's attorney is elected.
25 Each county shall be required to furnish 33 1/3% of the
26 total annual compensation to be paid to each state's attorney
27 in Illinois based on the salary in effect on December 31,
28 1988.
29 (b) Effective December 1, 2000, no state's attorney may
30 engage in the private practice of law. However, until
31 November 30, 2000, (i) the state's attorneys in counties
32 containing fewer than 10,000 inhabitants may engage in the
33 practice of law, and (ii) in any county between 10,000 and
34 30,000 inhabitants or in any county containing 30,000 or more
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1 inhabitants which reached that population between 1970 and
2 December 31, 1981, the state's attorney may declare his or
3 her intention to engage in the private practice of law, and
4 may do so through no later than November 30, 2000, by filing
5 a written declaration of intent to engage in the private
6 practice of law with the county clerk. The declaration of
7 intention shall be irrevocable during the remainder of the
8 term of office. The declaration shall be filed with the
9 county clerk within 30 days of certification of election or
10 appointment, or within 60 days of March 15, 1989, whichever
11 is later. In that event the annual salary of such state's
12 attorney shall be as follows:
13 (1) In counties containing 10,000 or more
14 inhabitants but less than 20,000 inhabitants, $46,500
15 until December 31, 1988, $51,500 until June 30, 1994, and
16 $61,500 thereafter or as set by the Compensation Review
17 Board, whichever is greater. The State shall furnish 100%
18 of the increases taking effect after December 31, 1988.
19 (2) In counties containing 20,000 or more
20 inhabitants but less than 30,000 inhabitants, and in
21 counties containing 30,000 or more inhabitants which
22 reached said population between 1970 and December 31,
23 1981, $51,500 until December 31, 1988, $56,000 until June
24 30, 1994, and $65,000 thereafter or as set by the
25 Compensation Review Board, whichever is greater. The
26 State shall furnish 100% of the increases taking effect
27 after December 31, 1988.
28 (c) In counties where a state mental health institution,
29 as hereinafter defined, is located, one assistant state's
30 attorney shall receive for his services, payable monthly from
31 the state treasury to the county in which he is appointed,
32 the following:
33 (1) To each assistant state's attorney in counties
34 containing less than 10,000 inhabitants, the sum of
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1 $2,500 per annum;
2 (2) To each assistant state's attorney in counties
3 containing not less than 10,000 inhabitants and not more
4 than 20,000 inhabitants, the sum of $3,500 per annum;
5 (3) To each assistant state's attorney in counties
6 containing not less than 20,000 inhabitants and not more
7 than 30,000 inhabitants, the sum of $4,000 per annum;
8 (4) To each assistant state's attorney in counties
9 containing not less than 30,000 inhabitants and not more
10 than 40,000 inhabitants, the sum of $4,500 per annum;
11 (5) To each assistant state's attorney in counties
12 containing not less than 40,000 inhabitants and not more
13 than 70,000 inhabitants, the sum of $5,000 per annum;
14 (6) To each assistant state's attorney in counties
15 containing not less than 70,000 inhabitants and not more
16 than 1,000,000 inhabitants, the sum of $6,000 per annum.
17 (d) The population of all counties for the purpose of
18 fixing salaries as herein provided shall be based upon the
19 last Federal census immediately previous to the appointment
20 of an assistant state's attorney in each county.
21 (e) At the request of the county governing authority, in
22 counties where one or more state correctional institutions,
23 as hereinafter defined, are located, one or more assistant
24 state's attorneys shall receive for their services, provided
25 that such services are performed in connection with the state
26 correctional institution, payable monthly from the state
27 treasury to the county in which they are appointed, the
28 following:
29 (1) $22,000 for each assistant state's attorney in
30 counties with one or more State correctional institutions
31 with a total average daily inmate population in excess of
32 2,000, on the basis of 2 assistant state's attorneys when
33 the total average daily inmate population exceeds 2,000
34 but is less than 4,000; and 3 assistant state's attorneys
-83- LRB093 08082 NHT 08283 b
1 when such population exceeds 4,000; with reimbursement to
2 be based on actual services rendered.
3 (2) $15,000 per year for one assistant state's
4 attorney in counties having one or more correctional
5 institutions with a total average daily inmate population
6 of between 750 and 2,000 inmates, with reimbursement to
7 be based on actual services rendered.
8 (3) A maximum of $12,000 per year for one assistant
9 state's attorney in counties having less than 750
10 inmates, with reimbursement to be based on actual
11 services rendered.
12 Upon application of the county governing authority
13 and certification of the State's Attorney, the Director
14 of Corrections may, in his discretion and subject to
15 appropriation, increase the amount of salary
16 reimbursement to a county in the event special
17 circumstances require the county to incur extraordinary
18 salary expenditures as a result of services performed in
19 connection with State correctional institutions in that
20 county.
21 In determining whether or not to increase the amount of
22 salary reimbursement, the Director shall consider, among
23 other matters:
24 (1) the nature of the services rendered;
25 (2) the results or dispositions obtained;
26 (3) whether or not the county was required to
27 employ additional attorney personnel as a direct result
28 of the services actually rendered in connection with a
29 particular service to a State correctional institution.
30 (f) In counties where a State senior institution of
31 higher education is located, the assistant state's attorneys
32 specified by this Section shall receive for their services,
33 payable monthly from the State treasury to the county in
34 which appointed, the following:
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1 (1) $14,000 per year each for employment on a full
2 time basis for 2 assistant state's attorneys in counties
3 having a State university or State universities with
4 combined full time enrollment of more than 15,000
5 students.
6 (2) $7,200 per year for one assistant state's
7 attorney with no limitation on other practice in counties
8 having a State university or State universities with
9 combined full time enrollment of 10,000 to 15,000
10 students.
11 (3) $4,000 per year for one assistant state's
12 attorney with no limitation on other practice in counties
13 having a State university or State universities with
14 combined full time enrollment of less than 10,000
15 students.
16 Such salaries shall be paid to the state's attorney and
17 the assistant state's attorney in equal monthly installments
18 by such county out of the county treasury provided that the
19 State of Illinois shall reimburse each county monthly from
20 the state treasury the amount of such salary. This Section
21 shall not prevent the payment of such additional compensation
22 to the state's attorney or assistant state's attorney of any
23 county, out of the treasury of that county as may be provided
24 by law.
25 (g) For purposes of this Section, "State mental health
26 institution" means any institution under the jurisdiction of
27 the Department of Human Services that is listed in Section 4
28 of the Mental Health and Developmental Disabilities
29 Administrative Act.
30 For purposes of this Section, "State correctional
31 institution" means any facility of the Department of
32 Corrections including adult facilities, juvenile facilities,
33 pre-release centers, community correction centers, and work
34 camps.
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1 For purposes of this Section, "State university" means
2 the University of Illinois, Southern Illinois University at
3 Carbondale, Southern Illinois University at Edwardsville,
4 Chicago State University, Eastern Illinois University,
5 Governors State University, Illinois State University,
6 Northeastern Illinois University, Northern Illinois
7 University, Western Illinois University, and any public
8 community college which has established a program of
9 interinstitutional cooperation with one of the foregoing
10 institutions whereby a student, after earning an associate
11 degree from the community college, pursues a course of study
12 at the community college campus leading to a baccalaureate
13 degree from the foregoing institution (also known as a "2
14 Plus 2" degree program).
15 (h) A number of assistant state's attorneys shall be
16 appointed in each county that chooses to participate, as
17 provided in this subsection, for the prosecution of
18 alcohol-related traffic offenses. Each county shall receive
19 monthly a subsidy for payment of the salaries and benefits of
20 these assistant state's attorneys from State funds
21 appropriated to the county for that purpose. The amounts of
22 subsidies provided by this subsection shall be adjusted for
23 inflation each July 1 using the Consumer Price Index of the
24 Bureau of Labor Statistics of the U.S. Department of Labor.
25 When a county chooses to participate in the subsidy
26 program described in this subsection (h), the number of
27 assistant state's attorneys who are prosecuting
28 alcohol-related traffic offenses must increase according to
29 the subsidy provided in this subsection. These appointed
30 assistant state's attorneys shall be in addition to any other
31 assistant state's attorneys assigned to those cases on the
32 effective date of this amendatory Act of the 91st General
33 Assembly, and may not replace those assistant state's
34 attorneys. In counties where the state's attorney is the
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1 sole prosecutor, this subsidy shall be used to provide an
2 assistant state's attorney to prosecute alcohol-related
3 traffic offenses along with the state's attorney. In
4 counties where the state's attorney is the sole prosecutor,
5 and in counties where a judge presides over cases involving a
6 variety of misdemeanors, including alcohol-related traffic
7 matters, assistant state's attorneys appointed and subsidized
8 by this subsection (h) may also prosecute the different
9 misdemeanor cases at the direction of the state's attorney.
10 Assistant state's attorneys shall be appointed under this
11 subsection in the following number and counties shall receive
12 the following annual subsidies:
13 (1) In counties with fewer than 30,000 inhabitants,
14 one at $35,000.
15 (2) In counties with 30,000 or more but fewer than
16 100,000 inhabitants, one at $45,000.
17 (3) In counties with 100,000 or more but fewer than
18 300,000 inhabitants, 2 at $45,000 each.
19 (4) In counties, other than Cook County, with
20 300,000 or more inhabitants, 4 at $50,000 each.
21 The amounts appropriated under this Section must be
22 segregated by population classification and disbursed
23 monthly.
24 If in any year the amount appropriated for the purposes
25 of this subsection (h) is insufficient to pay all of the
26 subsidies specified in this subsection, the amount
27 appropriated shall first be prorated by the population
28 classifications of this subsection (h) and then among the
29 counties choosing to participate within each of those
30 classifications. If any of the appropriated moneys for each
31 population classification remain at the end of a fiscal year,
32 the remainder of the moneys may be allocated to participating
33 counties that were not fully funded during the course of the
34 year. Nothing in this subsection prohibits 2 or more State's
-87- LRB093 08082 NHT 08283 b
1 attorneys from combining their subsidies to appoint a joint
2 assistant State's attorney to prosecute alcohol-related
3 traffic offenses in multiple counties. Nothing in this
4 subsection prohibits a State's attorney from appointing an
5 assistant State's attorney by contract or otherwise.
6 (Source: P.A. 91-273, eff. 1-1-00; 91-440, eff. 8-6-99;
7 91-704, eff. 7-1-00; 92-309, eff. 8-9-01.)
8 Section 125. The Municipal Clerk Training Act is amended
9 by changing Section 2 as follows:
10 (65 ILCS 50/2) (from Ch. 144, par. 61.52)
11 Sec. 2. There is created the Municipal Clerk Training
12 Institute Committee composed of 5 municipal clerks, appointed
13 by the Governor as provided herein, and 109 ex-officio
14 members, designated as provided herein, as representatives of
15 public colleges and universities in this State. Each member
16 appointed by the Governor after the effective date of this
17 amendatory Act of 1987 shall be a certified municipal clerk
18 recommended by the Executive Board of the Municipal Clerks of
19 Illinois and serving as a municipal clerk at the time he or
20 she is so recommended and appointed. The 2 additional
21 municipal clerks appointed pursuant to the provisions of this
22 amendatory Act of 1987 both shall be appointed to serve until
23 the third Monday in January, 1992, or until their successors
24 are appointed and qualified. Of the 3 municipal clerks
25 serving as members of the Committee on the effective date of
26 this amendatory Act of 1987, they shall determine by
27 agreement or by lot one who shall continue to so serve until
28 the third Monday in January, 1989, a second who shall
29 continue to so serve until the third Monday in January, 1990,
30 and a third who shall continue to so serve until the third
31 Monday in January, 1991; provided, that each shall serve
32 until his or her successor is appointed and qualified. Each
-88- LRB093 08082 NHT 08283 b
1 successor of any member appointed to the Committee as a
2 municipal clerk shall be appointed to serve for a 4 year term
3 expiring on the third Monday in January, or until his or her
4 successor is appointed and qualified. Any vacancy occurring
5 in the office of a Committee member appointed by the
6 Governor, whether by death, resignation or otherwise, shall
7 be filled by appointment by the Governor from a
8 recommendation or recommendations made by the Executive Board
9 of the Municipal Clerks of Illinois, in the same manner as
10 original appointments. A member appointed to fill a vacancy
11 shall serve for the remainder of the unexpired term or until
12 his or her successor is appointed and qualified. In the
13 event the Governor refuses to appoint a municipal clerk
14 recommended by the Executive Board of the Municipal Clerks of
15 Illinois to either a full term or, in cases of a vacancy, to
16 the remainder of an unexpired term on the Committee, such
17 Executive Board shall promptly recommend one or more
18 additional qualified persons to the Governor for such
19 appointment. The terms of the 3 committee members designated
20 by the Board of Trustees of the University of Illinois and
21 serving on the effective date of this amendatory Act of 1987
22 shall terminate on that effective date, and the 4 ex-officio
23 members designated pursuant to the provisions of this
24 amendatory Act of 1987 shall be designated as follows: one
25 representative of the University of Illinois designated by
26 the Board of Trustees of that University; one representative
27 of Southern Illinois University at Carbondale designated by
28 the Board of Trustees of that University; one representative
29 designated by the Board of Governors of State Colleges and
30 Universities of the several universities and colleges under
31 its governance; and one representative designated by the
32 Board of Regents of the several Regency Universities under
33 its jurisdiction. The terms of the 2 ex-officio members
34 designated as representatives of the Board of Governors of
-89- LRB093 08082 NHT 08283 b
1 State Colleges and Universities and the Board of Regents
2 shall terminate on the effective date of this amendatory Act
3 of 1995. The 2 ex-officio members whose terms are terminated
4 by this amendatory Act of 1995 shall be replaced by 7
5 additional ex-officio members, one representing the Board of
6 Trustees of Chicago State University, one representing the
7 Board of Trustees of Eastern Illinois University, one
8 representing the Board of Trustees of Governors State
9 University, one representing the Board of Trustees of
10 Illinois State University, one representing the Board of
11 Trustees of Northeastern Illinois University, one
12 representing the Board of Trustees of Northern Illinois
13 University, and one representing the Board of Trustees of
14 Western Illinois University. One additional ex-officio
15 member shall represent the Board of Trustees of Southern
16 Illinois University at Edwardsville. The 109 ex-officio
17 members representing the public colleges and universities
18 shall serve in an advisory capacity to the members appointed
19 by the Governor, and each such ex-officio member shall serve
20 at the pleasure of the governing board designating them to
21 membership on the Committee. Members of the Committee shall
22 serve without compensation.
23 (Source: P.A. 89-4, eff. 1-1-96.)
24 Section 130. The Municipal Tax Compliance Act is amended
25 by changing Section 4 as follows:
26 (65 ILCS 80/4) (from Ch. 24, par. 1554)
27 Sec. 4. As used in this Act, except when the context
28 otherwise requires:
29 (a) "Public institution of higher education" means the
30 University of Illinois; Southern Illinois University at
31 Carbondale; Southern Illinois University at Edwardsville;
32 Chicago State University; Eastern Illinois University;
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1 Governors State University; Illinois State University;
2 Northeastern Illinois University; Northern Illinois
3 University; Western Illinois University; the public community
4 colleges of the State and any other public universities,
5 colleges and community colleges now or hereafter established
6 or authorized by law.
7 (b) "Hotel", "operator", "occupancy", "room" or "rooms",
8 "permanent resident" and "rental" each shall have the
9 respective meanings ascribed thereto by Section 2 of The
10 Hotel Operator's Occupation Tax Act, except that the term
11 "hotel" shall also include dormitories, student unions and
12 student centers owned, leased or operated by public
13 institutions of higher education.
14 (c) "Parking spaces" means spaces provided and furnished
15 for persons to park motor vehicles with or without a charge
16 by a public institution of higher education under the control
17 of such public institution of higher education.
18 (d) "Student performances" means theatricals, shows,
19 motion picture shows, or live performances when such
20 theatricals, shows, motion picture shows or live performances
21 are sponsored by a public institution of higher education or
22 a student organization recognized by a public institution of
23 higher education or in which students enrolled in a public
24 institution of higher education constitute more than 50% of
25 the performers. Student performances shall not include
26 performances which take place within the physical boundaries
27 of a public institution of higher education and are sponsored
28 in whole or in part by any individual or business entity
29 which is not a student, a public institution of higher
30 education, a recognized student organization or an employee
31 of said public institution of higher education or where an
32 individual or business entity rents or leases a building
33 owned by a public institution of higher education for the
34 purpose of the staging of such a performance.
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1 (e) "Student athletic contests" means any athletic
2 contest sanctioned and performed under the auspices of the
3 National Collegiate Athletic Association or the National
4 Association of Intercollegiate Athletics or any athletic
5 contest sanctioned or performed under the auspices of a
6 public institution of higher education as defined herein.
7 (Source: P.A. 89-4, eff. 1-1-96.)
8 Section 135. The Hospital District Law is amended by
9 changing Section 15 as follows:
10 (70 ILCS 910/15) (from Ch. 23, par. 1265)
11 Sec. 15. A Hospital District shall constitute a
12 municipal corporation and body politic separate and apart
13 from any other municipality, the State of Illinois or any
14 other public or governmental agency and shall have and
15 exercise the following governmental powers, and all other
16 powers incidental, necessary, convenient, or desirable to
17 carry out and effectuate such express powers.
18 1. To establish and maintain a hospital and hospital
19 facilities within or outside its corporate limits, and to
20 construct, acquire, develop, expand, extend and improve any
21 such hospital or hospital facility. If a Hospital District
22 utilizes its authority to levy a tax pursuant to Section 20
23 of this Act for the purpose of establishing and maintaining
24 hospitals or hospital facilities, such District shall be
25 prohibited from establishing and maintaining hospitals or
26 hospital facilities located outside of its district unless so
27 authorized by referendum. To approve the provision of any
28 service and to approve any contract or other arrangement not
29 prohibited by a hospital licensed under the Hospital
30 Licensing Act, incorporated under the General Not-For-Profit
31 Corporation Act, and exempt from taxation under paragraph (3)
32 of subsection (c) of Section 501 of the Internal Revenue
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1 Code.
2 2. To acquire land in fee simple, rights in land and
3 easements upon, over or across land and leasehold interests
4 in land and tangible and intangible personal property used or
5 useful for the location, establishment, maintenance,
6 development, expansion, extension or improvement of any such
7 hospital or hospital facility. Such acquisition may be by
8 dedication, purchase, gift, agreement, lease, use or adverse
9 possession or by condemnation.
10 3. To operate, maintain and manage such hospital and
11 hospital facility, and to make and enter into contracts for
12 the use, operation or management of and to provide rules and
13 regulations for the operation, management or use of such
14 hospital or hospital facility.
15 Such contracts may include the lease by the District of
16 all or any portion of its facilities to a not-for-profit
17 corporation organized by the District's board of directors.
18 The rent to be paid pursuant to any such lease shall be in an
19 amount deemed appropriate by the board of directors. Any of
20 the remaining assets which are not the subject of such a
21 lease may be conveyed and transferred to the not-for-profit
22 corporation organized by the District's board of directors
23 provided that the not-for-profit corporation agrees to
24 discharge or assume such debts, liabilities, and obligations
25 of the District as determined to be appropriate by the
26 District's board of directors.
27 4. To fix, charge and collect reasonable fees and
28 compensation for the use or occupancy of such hospital or any
29 part thereof, or any hospital facility, and for nursing care,
30 medicine, attendance, or other services furnished by such
31 hospital or hospital facilities, according to the rules and
32 regulations prescribed by the board from time to time.
33 5. To borrow money and to issue general obligation
34 bonds, revenue bonds, notes, certificates, or other evidences
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1 of indebtedness for the purpose of accomplishing any of its
2 corporate purposes, subject to compliance with any conditions
3 or limitations set forth in this Act or the Health Facilities
4 Planning Act or otherwise provided by the constitution of the
5 State of Illinois and to execute, deliver, and perform
6 mortgages and security agreements to secure such borrowing.
7 6. To employ or enter into contracts for the employment
8 of any person, firm, or corporation, and for professional
9 services, necessary or desirable for the accomplishment of
10 the corporate objects of the District or the proper
11 administration, management, protection or control of its
12 property.
13 7. To maintain such hospital for the benefit of the
14 inhabitants of the area comprising the District who are sick,
15 injured, or maimed regardless of race, creed, religion, sex,
16 national origin or color, and to adopt such reasonable rules
17 and regulations as may be necessary to render the use of the
18 hospital of the greatest benefit to the greatest number; to
19 exclude from the use of the hospital all persons who wilfully
20 disregard any of the rules and regulations so established; to
21 extend the privileges and use of the hospital to persons
22 residing outside the area of the District upon such terms and
23 conditions as the board of directors prescribes by its rules
24 and regulations.
25 8. To police its property and to exercise police powers
26 in respect thereto or in respect to the enforcement of any
27 rule or regulation provided by the ordinances of the District
28 and to employ and commission police officers and other
29 qualified persons to enforce the same.
30 The use of any such hospital or hospital facility of a
31 District shall be subject to the reasonable regulation and
32 control of the District and upon such reasonable terms and
33 conditions as shall be established by its board of directors.
34 A regulatory ordinance of a District adopted under any
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1 provision of this Section may provide for a suspension or
2 revocation of any rights or privileges within the control of
3 the District for a violation of any such regulatory
4 ordinance.
5 Nothing in this Section or in other provisions of this
6 Act shall be construed to authorize the District or board to
7 establish or enforce any regulation or rule in respect to
8 hospitalization or in the operation or maintenance of such
9 hospital or any hospital facilities within its jurisdiction
10 which is in conflict with any federal or state law or
11 regulation applicable to the same subject matter.
12 9. To provide for the benefit of its employees group
13 life, health, accident, hospital and medical insurance, or
14 any combination of such types of insurance, and to further
15 provide for its employees by the establishment of a pension
16 or retirement plan or system; to effectuate the establishment
17 of any such insurance program or pension or retirement plan
18 or system, a Hospital District may make, enter into or
19 subscribe to agreements, contracts, policies or plans with
20 private insurance companies. Such insurance may include
21 provisions for employees who rely on treatment by spiritual
22 means alone through prayer for healing in accord with the
23 tenets and practice of a well-recognized religious
24 denomination. The board of directors of a Hospital District
25 may provide for payment by the District of a portion of the
26 premium or charge for such insurance or for a pension or
27 retirement plan for employees with the employee paying the
28 balance of such premium or charge. If the board of directors
29 of a Hospital District undertakes a plan pursuant to which
30 the Hospital District pays a portion of such premium or
31 charge, the board shall provide for the withholding and
32 deducting from the compensation of such employees as consent
33 to joining such insurance program or pension or retirement
34 plan or system, the balance of the premium or charge for such
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1 insurance or plan or system.
2 If the board of directors of a Hospital District does not
3 provide for a program or plan pursuant to which such District
4 pays a portion of the premium or charge for any group
5 insurance program or pension or retirement plan or system,
6 the board may provide for the withholding and deducting from
7 the compensation of such employees as consent thereto the
8 premium or charge for any group life, health, accident,
9 hospital and medical insurance or for any pension or
10 retirement plan or system.
11 A Hospital District deducting from the compensation of
12 its employees for any group insurance program or pension or
13 retirement plan or system, pursuant to this Section, may
14 agree to receive and may receive reimbursement from the
15 insurance company for the cost of withholding and
16 transferring such amount to the company.
17 10. Except as provided in Section 15.3, to sell at
18 public auction or by sealed bid and convey any real estate
19 held by the District which the board of directors, by
20 ordinance adopted by at least 2/3rds of the members of the
21 board then holding office, has determined to be no longer
22 necessary or useful to, or for the best interests of, the
23 District.
24 An ordinance directing the sale of real estate shall
25 include the legal description of the real estate, its present
26 use, a statement that the property is no longer necessary or
27 useful to, or for the best interests of, the District, the
28 terms and conditions of the sale, whether the sale is to be
29 at public auction or sealed bid, and the date, time, and
30 place the property is to be sold at auction or sealed bids
31 opened.
32 Before making a sale by virtue of the ordinance, the
33 board of directors shall cause notice of the proposal to sell
34 to be published once each week for 3 successive weeks in a
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1 newspaper published, or, if none is published, having a
2 general circulation, in the district, the first publication
3 to be not less than 30 days before the day provided in the
4 notice for the public sale or opening of bids for the real
5 estate.
6 The notice of the proposal to sell shall include the same
7 information included in the ordinance directing the sale and
8 shall advertise for bids therefor. A sale of property by
9 public auction shall be held at the property to be sold at a
10 time and date determined by the board of directors. The
11 board of directors may accept the high bid or any other bid
12 determined to be in the best interests of the district by a
13 vote of 2/3rds of the board then holding office, but by a
14 majority vote of those holding office, they may reject any
15 and all bids.
16 The chairman and secretary of the board of directors
17 shall execute all documents necessary for the conveyance of
18 such real property sold pursuant to the foregoing authority.
19 11. To establish and administer a program of loans for
20 postsecondary students pursuing degrees in accredited public
21 health-related educational programs at public institutions of
22 higher education. If a student is awarded a loan, the
23 individual shall agree to accept employment within the
24 hospital district upon graduation from the public institution
25 of higher education. For the purposes of this Act, "public
26 institutions of higher education" means the University of
27 Illinois; Southern Illinois University at Carbondale;
28 Southern Illinois University at Edwardsville; Chicago State
29 University; Eastern Illinois University; Governors State
30 University; Illinois State University; Northeastern Illinois
31 University; Northern Illinois University; Western Illinois
32 University; the public community colleges of the State; and
33 any other public colleges, universities or community colleges
34 now or hereafter established or authorized by the General
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1 Assembly. The district's board of directors shall by
2 resolution provide for eligibility requirements, award
3 criteria, terms of financing, duration of employment accepted
4 within the district and such other aspects of the loan
5 program as its establishment and administration may
6 necessitate.
7 12. To establish and maintain congregate housing units;
8 to acquire land in fee simple and leasehold interests in land
9 for the location, establishment, maintenance, and development
10 of those housing units; to borrow funds and give debt
11 instruments, real estate mortgages, and security interests in
12 personal property, contract rights, and general intangibles;
13 and to enter into any contract required for participation in
14 any federal or State programs.
15 (Source: P.A. 92-534, eff. 5-14-02; 92-611, eff. 7-3-02.)
16 Section 140. The School Code is amended by changing
17 Sections 30-13, 30-15.25, 30-16.4, and 30-16.6 as follows:
18 (105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
19 Sec. 30-13. The scholarships issued under Sections 30-9
20 through 30-12 of this Article may be used at the University
21 of Illinois, Southern Illinois University at Carbondale,
22 Southern Illinois University at Edwardsville, Chicago State
23 University, Eastern Illinois University, Governors State
24 University, Illinois State University, Northeastern Illinois
25 University, Northern Illinois University, and Western
26 Illinois University as provided in those sections. Unless
27 otherwise indicated, these scholarships shall be good for a
28 period of not more than 4 years while enrolled for residence
29 credit and shall exempt the holder from the payment of
30 tuition, or any matriculation, graduation, activity, term or
31 incidental fee, except any portion of a multipurpose fee
32 which is used for a purpose for which exemption is not
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1 granted under this Section. Exemption shall not be granted
2 from any other fees, including book rental, service,
3 laboratory, supply, union building, hospital and medical
4 insurance fees and any fees established for the operation and
5 maintenance of buildings, the income of which is pledged to
6 the payment of interest and principal on bonds issued by the
7 governing board of any university or community college.
8 Any student who has been or shall be awarded a
9 scholarship shall be reimbursed by the appropriate university
10 or community college for any fees which he has paid and for
11 which exemption is granted under this Section, if application
12 for such reimbursement is made within 2 months following the
13 school term for which the fees were paid.
14 The holder of a scholarship shall be subject to all
15 examinations, rules and requirements of the university or
16 community college in which he is enrolled except as herein
17 directed.
18 This article does not prohibit the Board of Trustees of
19 the University of Illinois, the Board of Trustees of Southern
20 Illinois University at Carbondale, the Board of Trustees of
21 Southern Illinois University at Edwardsville, the Board of
22 Trustees of Chicago State University, the Board of Trustees
23 of Eastern Illinois University, the Board of Trustees of
24 Governors State University, the Board of Trustees of Illinois
25 State University, the Board of Trustees of Northeastern
26 Illinois University, the Board of Trustees of Northern
27 Illinois University, and the Board of Trustees of Western
28 Illinois Universitythe Board of Regents of the Regency
29 Universities System and the Board of Governors of State
30 Colleges and Universities for the institutions under their
31 respective jurisdictions from granting other scholarships.
32 (Source: P.A. 88-228; 89-4, eff. 1-1-96.)
33 (105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
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1 Sec. 30-15.25. (a) As used in this Section, the term
2 "public institution of higher education" includes: the
3 University of Illinois; Southern Illinois University at
4 Carbondale; Southern Illinois University at Edwardsville;
5 Chicago State University; Eastern Illinois University;
6 Governors State University; Illinois State University;
7 Northeastern Illinois University; Northern Illinois
8 University; Western Illinois University; the public community
9 colleges of the State; and any other public universities,
10 colleges and community colleges now or hereafter established
11 or authorized by the General Assembly. The term "nonpublic
12 institution of higher education" includes any educational
13 organization in this State, other than a public institution
14 of higher education, which provides a minimum of an organized
15 2 year program at the private junior college level or higher
16 and which operates not-for-profit and in conformity with
17 standards substantially equivalent to those of public
18 institutions of higher education.
19 (b) Each public institution of higher education shall
20 disclose the terms, restrictions and requirements attached to
21 or made a part of any endowment, gift, grant, contract award
22 or property of any kind or value in excess of $100,000 made
23 to such institution, or to any school, college, division,
24 branch or other organizational entity within or forming a
25 part of such institution, by a foreign government or an
26 individual who is neither a citizen nor a resident of the
27 United States, in any calendar or fiscal year. If the
28 foreign government or individual donates more than one gift
29 in any calendar or fiscal year, and the total value of those
30 gifts exceeds $100,000, such institution shall report all the
31 gifts received. This subsection shall not apply to funds that
32 public institutions of higher education receive from grants
33 and contracts through either the federal government or the
34 State of Illinois.
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1 (c) The provisions of this subsection apply to each
2 nonpublic institution of higher education: (i) which receives
3 any grant or award under the Illinois Financial Assistance
4 Act for Nonpublic Institutions of Higher Learning or under
5 the Higher Education Cooperation Act, or (ii) which is a
6 participant in a program of interinstitutional cooperation
7 administered by a not-for-profit organization that is
8 organized to administer such program under the Higher
9 Education Cooperation Act and that receives any grant under
10 and in furtherance of the purposes of that Act, or (iii)
11 which receives any grant or distribution of grant moneys
12 appropriated from the State Treasury or any fund therein to
13 such institution or to the Board of Higher Education for
14 distribution to nonpublic institutions of higher education
15 for purposes of Section 4 of the Build Illinois Bond Act or
16 for any other purpose authorized by law. Each nonpublic
17 institution of higher education to which the provisions of
18 this subsection apply shall disclose the terms, restrictions
19 and requirements attached to or made a part of any endowment,
20 gift, grant, contract award or property of any kind or value
21 in excess of $250,000 made to such institution, or to any
22 school, college, division, branch or other organizational
23 entity within or forming a part of such institution, by a
24 foreign government or an individual who is neither a citizen
25 nor a resident of the United States, in any calendar or
26 fiscal year. If the foreign government or individual donates
27 more than one gift in any calendar or fiscal year, and the
28 total value of those gifts exceeds $250,000, such institution
29 shall report all the gifts received.
30 (d) Such information shall be forwarded to the Attorney
31 General no later than 30 days after the final day of each
32 calendar or fiscal year of such institution, whichever type
33 of year is used by the institution in accounting for the
34 gifts received for the purposes of this Section. The
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1 information shall include:
2 (1) the name of the foreign government in the case
3 of a gift by a government, or the name of the foreign
4 country of which an individual donor is a citizen, in the
5 case of a gift by an individual;
6 (2) the amount and the date of the contribution or
7 contributions;
8 (3) when the gift is conditional, matching or
9 designated for a particular purpose, full details of the
10 conditions, matching provisions or designation; and
11 (4) the purpose or purposes for which the
12 contribution will be used.
13 Such information shall be a matter of public record.
14 (Source: P.A. 89-4, eff. 1-1-96.)
15 (105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
16 Sec. 30-16.4. Privileges Conferred. The scholarships
17 issued under Sections 30-16.1 through 30-16.6, inclusive, of
18 this Article, may be used at those State supported
19 universities where there are provided Reserve Officer's
20 Training Corps programs of the several Armed Services over a
21 period during which the eligible recipient is eligible for
22 enrollment in the program. The scholarships exempt the
23 holder from the payment of tuition, or any matriculation,
24 graduation, activity, term or incidental fee, except any
25 portion of a multi-purpose fee which is used for a purpose
26 for which exemption is not granted under this Section.
27 Exemption may not be granted for any other fees including
28 book rental, service, laboratory, supply, Union Building,
29 hospital and medical insurance fees and any fees established
30 for the operation and maintenance of buildings, the income of
31 which is pledged to the payment of interest and principal, or
32 bonds issued by the governing board of the universities.
33 Any student who has been or is awarded a scholarship
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1 shall be reimbursed by the appropriate university for any
2 fees which he has paid and for which exemption is granted
3 under this Section, if application for such reimbursement is
4 made within 2 months following the school term for which the
5 fees were paid.
6 The holder of a scholarship is subject to all
7 examinations, rules and requirements of the university in
8 which he is enrolled, except as herein directed.
9 The provisions of Sections 30-16.1 through 30-16.6 of
10 this Act do not prohibit the Board of Trustees of the
11 University of Illinois, the Board of Trustees of Southern
12 Illinois University at Carbondale, the Board of Trustees of
13 Southern Illinois University at Edwardsville, the Board of
14 Trustees of Chicago State University, the Board of Trustees
15 of Eastern Illinois University, the Board of Trustees of
16 Governors State University, the Board of Trustees of Illinois
17 State University, the Board of Trustees of Northeastern
18 Illinois University, the Board of Trustees of Northern
19 Illinois University, and the Board of Trustees of Western
20 Illinois University from granting other scholarships.
21 (Source: P.A. 89-4, eff. 1-1-96.)
22 (105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
23 Sec. 30-16.6. Registration of eligible recipients;
24 examination. The president or chairman of the board of each
25 private junior college or public community college, and the
26 President of each University in which a Reserve Officer's
27 Training Corps program is available, or some individual or
28 committee designated by such person, shall receive and
29 register the names of all eligible recipients applying for
30 the scholarships set forth in Section 30-16.3. Applicants
31 shall take an examination each year according to the rules
32 prescribed jointly by the President of the University of
33 Illinois, the President of Southern Illinois University at
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1 Carbondale, the President of Southern Illinois University at
2 Edwardsville, the President of Chicago State University, the
3 President of Eastern Illinois University, the President of
4 Governors State University, the President of Illinois State
5 University, the President of Northeastern Illinois
6 University, the President of Northern Illinois University,
7 and the President of Western Illinois University. The
8 scholarships shall be awarded on a merit basis to those
9 eligible recipients receiving the highest grades with
10 evidence of leadership ability, and the number of
11 scholarships to be awarded in any institution shall be as set
12 forth in Section 30-16.3.
13 (Source: P.A. 89-4, eff. 1-1-96.)
14 Section 145. The Illinois Peace Corps Fellowship Program
15 Law is amended by changing Section 2-3 as follows:
16 (105 ILCS 30/2-3) (from Ch. 122, par. 2003)
17 Sec. 2-3. Program description. The University of
18 Illinois, Southern Illinois University at Carbondale,
19 Southern Illinois University at Edwardsville, Chicago State
20 University, Eastern Illinois University, Governors State
21 University, Illinois State University, Northeastern Illinois
22 University, Northern Illinois University, and Western
23 Illinois Universitythe several universities and colleges
24 under the governance of the Board of Governors of State
25 Colleges and Universities, and the several Regency
26 Universities under the jurisdiction of the Board of Regents
27 are hereby authorized to become participants in the Illinois
28 Peace Corps Fellowship Program. Any such participating
29 public institution of higher education may conduct and
30 administer this program to augment the number of Illinois
31 public school teachers by bringing the teaching skills of
32 recently returned United States Peace Corps volunteers to
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1 those school districts, including the school districts
2 situated within the City of Chicago and the City of East St.
3 Louis or any other school district designated by the State
4 Board of Education, which enter into cooperative agreements
5 required for implementation of the program. In designating
6 such school districts, the State Board of Education may
7 consider districts that have a high proportion of drop-out
8 students, a high percentage of minority students, a high
9 proportion of low income families and high truancy rates.
10 The program shall utilize former United State Peace Corps
11 volunteers with two years of Peace Corps experience by
12 placing them in the designated cooperating school districts
13 as full time teachers or teacher aides. In return for making
14 a two-year commitment to teaching and being placed in a
15 full-time salaried teacher aide or certificated teaching
16 position at a public school located in a designated
17 cooperating school district, the former Peace Corps volunteer
18 may be awarded a fellowship to the participating public
19 institution of higher education to complete (in the case of
20 teacher aides who are not yet certificated) the courses
21 required for issuance of a teaching certificate under Article
22 21 of The School Code, or to pursue a master's degree program
23 in education. The fellowships may consist of tuition waivers
24 applicable toward enrollment at the participating public
25 institution of higher education to complete required courses
26 for teacher certification and to pursue a master's degree
27 program in education; and the award of such tuition waivers
28 may be supported by funds and grants made available to the
29 participating university or universities through private or
30 public sources. A participating university may also consider
31 an authorization under which all fellowship recipients are
32 allowed to pay in-state tuition rates while enrolled for
33 credit in a master's degree program.
34 An annual salary for the fellowship recipient to teach in
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1 a designated school district for a period of two years may be
2 provided by the designated cooperating school district at
3 which the fellowship recipient shall teach, and may be set at
4 an amount equal to that paid to other teacher aides and
5 certificated teachers in a comparable position.
6 (Source: P.A. 86-1467.)
7 Section 150. The Conservation Education Act is amended
8 by changing Section 1 as follows:
9 (105 ILCS 415/1) (from Ch. 122, par. 698.1)
10 Sec. 1. Definitions: as used in this Act:
11 (a) "State agency" means the Board of Trustees of
12 the University of Illinois, the Board of Trustees of
13 Southern Illinois University at Carbondale, the Board of
14 Trustees of Southern Illinois University at Edwardsville,
15 the Board of Trustees of Chicago State University, the
16 Board of Trustees of Eastern Illinois University, the
17 Board of Trustees of Governors State University, the
18 Board of Trustees of Northeastern Illinois University,
19 the Board of Trustees of Western Illinois University,
20 boards of education and boards of directors of public
21 schools, elected State officers and departments, boards
22 and commissions and other agencies of State government.
23 (b) "School" means any school or class established
24 by this Act.
25 (Source: P.A. 89-4, eff. 1-1-96.)
26 Section 155. The Campus Demonstrations Policy Act is
27 amended by changing Section 1 as follows:
28 (110 ILCS 10/1) (from Ch. 144, par. 225)
29 Sec. 1. For the purposes of this Act:
30 (a) "State-supported institution of higher learning"
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1 means the University of Illinois, Southern Illinois
2 University at Carbondale, Southern Illinois University at
3 Edwardsville, Chicago State University, Eastern Illinois
4 University, Governors State University, Illinois State
5 University, Northeastern Illinois University, Northern
6 Illinois University, Western Illinois University, and the
7 public community colleges subject to the Public Community
8 College Act.
9 (b) "Policy on Demonstrations" means an outline of rules
10 and regulations to maintain order on the campus of an
11 institution of higher learning in this State which gives
12 special attention to firmness, to insuring that the civil
13 rights of others are not infringed and to establishment of a
14 step by step approach to secure the reasonable operation of
15 university or college activities in case of any disruptive
16 activity.
17 (Source: P.A. 89-4, eff. 1-1-96.)
18 Section 160. The College Student Immunization Act is
19 amended by changing Section 1 as follows:
20 (110 ILCS 20/1) (from Ch. 144, par. 2601)
21 Sec. 1. Definitions. For the purposes of this Act:
22 (a) "Department" means the Illinois Department of Public
23 Health.
24 (b) "Post-secondary educational institution" means a
25 public or private college or university offering degrees and
26 instruction above the high school level, and shall include,
27 but not be limited to, any and all private colleges and
28 universities, the University of Illinois, Southern Illinois
29 University at Carbondale, Southern Illinois University at
30 Edwardsville, Chicago State University, Eastern Illinois
31 University, Governors State University, Illinois State
32 University, Northeastern Illinois University, Northern
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1 Illinois University, Western Illinois University, and any
2 other public university now or hereafter established or
3 authorized by the General Assembly; except that a
4 post-secondary educational institution does not mean or
5 include any public college or university that does not
6 provide on-campus housing for its students in dormitories or
7 equivalent facilities that are owned, operated, and
8 maintained by the public college or university.
9 The term shall not include any public or private junior
10 or community college, or any institution offering degrees and
11 instruction which utilizes correspondence as its primary mode
12 of student instruction.
13 (Source: P.A. 88-651, eff. 9-16-94; 89-4, eff. 1-1-96.)
14 Section 165. The Nonresident College Trustees Act is
15 amended by changing Section 1 as follows:
16 (110 ILCS 60/1) (from Ch. 144, par. 7)
17 Sec. 1. (a) In all colleges, universities and other
18 institutions of learning in the State of Illinois, not placed
19 under the control of the officers of this State, whether
20 organized under any general or special law, non-residents of
21 this State shall be eligible to the office of trustee;
22 provided, that at least 3 members of the board of trustees of
23 any such institution of learning shall be residents of this
24 State. This subsection (a) does not apply to the Board of
25 Trustees of the University of Illinois, Southern Illinois
26 University at Carbondale, Southern Illinois University at
27 Edwardsville, Chicago State University, Eastern Illinois
28 University, Governors State University, Illinois State
29 University, Northeastern Illinois University, Northern
30 Illinois University, or Western Illinois University.
31 (b) No institution of learning in this State shall be
32 removed from this State unless by a unanimous vote of the
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1 board of trustees.
2 (Source: P.A. 91-798, eff. 7-9-00.)
3 Section 170. The Public University Energy Conservation
4 Act is amended by changing Section 5-5 as follows:
5 (110 ILCS 62/5-5)
6 Sec. 5-5. Public university. "Public university" means
7 any of the the following institutions of higher learning: the
8 University of Illinois, Southern Illinois University at
9 Carbondale, Southern Illinois University at Edwardsville,
10 Northern Illinois University, Eastern Illinois University,
11 Western Illinois University, Northeastern Illinois
12 University, Chicago State University, Governors State
13 University, or Illinois State University, acting in each case
14 through its board of trustees or through a designee of that
15 board.
16 (Source: P.A. 90-486, eff. 8-17-97; 91-357, eff. 7-29-99.)
17 Section 175. The Public University Tuition Statement Act
18 is amended by changing Sections 10 as follows:
19 (110 ILCS 63/10)
20 Sec. 10. Definition. In this Act, "public university"
21 means and includes Chicago State University, Eastern Illinois
22 University, Governors State University, Illinois State
23 University, Northeastern Illinois University, Northern
24 Illinois University, Southern Illinois University at
25 Carbondale, Southern Illinois University at Edwardsville,
26 Western Illinois University, the University of Illinois, and
27 any other public university established or authorized by the
28 General Assembly.
29 (Source: P.A. 91-185, eff. 7-20-99.)
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1 Section 180. The State Universities Civil Service Act is
2 amended by changing Sections 36b, 36c, 36e, and 36g-1 as
3 follows:
4 (110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
5 Sec. 36b. Creation.
6 (1) A classified civil service system to be known as the
7 State Universities Civil Service System is hereby created,
8 and is hereinafter referred to as the University System.
9 (2) The purpose of the University System is to establish
10 a sound program of personnel administration for the Illinois
11 Community College Board, State Community College of East St.
12 Louis, Southern Illinois University at Carbondale, Southern
13 Illinois University at Edwardsville, Chicago State
14 University, Eastern Illinois University, Governors State
15 University, Illinois State University, Northeastern Illinois
16 University, Northern Illinois University, Western Illinois
17 University, University of Illinois, State Universities Civil
18 Service System, State Universities Retirement System, the
19 State Scholarship Commission, and the Board of Higher
20 Education. All certificates, appointments and promotions to
21 positions in these agencies and institutions shall be made
22 solely on the basis of merit and fitness, to be ascertained
23 by examination, except as specified in Section 36e.
24 (3) The State Universities Civil Service System hereby
25 created shall be a separate entity of the State of Illinois
26 and shall be under the control of a Board to be known as the
27 University Civil Service Merit Board, and is hereinafter
28 referred to as the Merit Board.
29 (Source: P.A. 89-4, eff. 1-1-96.)
30 (110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)
31 Sec. 36c. The merit board. The Merit Board shall be
32 composed of 1211 members, 3 of whom shall be members of the
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1 Board of Trustees of the University of Illinois, one of whom
2 shall be a member of the Board of Trustees of Southern
3 Illinois University at Carbondale, one of whom shall be a
4 member of the Board of Trustees of Southern Illinois
5 University at Edwardsville, one of whom shall be a member of
6 the Board of Trustees of Chicago State University, one of
7 whom shall be a member of the Board of Trustees of Eastern
8 Illinois University, one of whom shall be a member of the
9 Board of Trustees of Governors State University, one of whom
10 shall be a member of the Board of Trustees of Illinois State
11 University, one of whom shall be a member of the Board of
12 Trustees of Northeastern Illinois University, one of whom
13 shall be a member of the Board of Trustees of Northern
14 Illinois University, and one of whom shall be a member of the
15 Board of Trustees of Western Illinois University. The 7 new
16 members required to be elected to the Merit Board by their
17 respective Boards of Trustees shall replace the 2 persons
18 who, until the effective date of this amendatory Act of 1995,
19 served as members of the Merit Board elected from the Board
20 of Governors of State Colleges and Universities and the Board
21 of Regents; and the terms of the members elected to the Merit
22 Board from the Board of Governors of State Colleges and
23 Universities and the Board of Regents shall terminate on the
24 effective date of this amendatory Act of 1995. The members of
25 the Merit Board shall be elected by the respective Boards in
26 which they hold membership and they shall serve at the
27 pleasure of the electing Boards.
28 All members of the Merit Board shall serve without
29 compensation but shall be reimbursed for any traveling
30 expenses incurred in attending meetings of the Merit Board.
31 The Merit Board shall determine the number necessary for
32 a quorum, elect its own chairman and set up an Executive
33 Committee of its own members which shall have all of the
34 powers of the Merit Board except as limited by the Merit
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1 Board.
2 The Merit Board shall cause to be elected a committee of
3 not less than eleven members to be made up of Civil Service
4 Employees, six of whom shall be nominated by and from the
5 Civil Service Employees of the University of Illinois and one
6 of whom shall be nominated by and from the Civil Service
7 Employees of each of the other institutions specified in
8 Section 36e, who will function in an advisory capacity to the
9 Merit Board on all matters pertaining to the University
10 System. This Advisory Committee shall meet at least quarterly
11 and members of the Committee shall be reimbursed by their
12 respective employers for time lost from work and for expenses
13 incurred in attending meetings of the Committee.
14 (Source: P.A. 89-4, eff. 1-1-96.)
15 (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
16 Sec. 36e. Coverage. All employees of the Illinois
17 Community College Board, State Community College of East St.
18 Louis, Southern Illinois University at Carbondale, Southern
19 Illinois University at Edwardsville, Chicago State
20 University, Eastern Illinois University, Governors State
21 University, Illinois State University, Northeastern Illinois
22 University, Northern Illinois University, Western Illinois
23 University, University of Illinois, State Universities Civil
24 Service System, State Universities Retirement System, the
25 State Scholarship Commission, and the Board of Higher
26 Education, shall be covered by the University System
27 described in Sections 36b to 36q, inclusive, of this Act,
28 except the following persons:
29 (1) The members and officers of the Merit Board and the
30 board of trustees, and the commissioners of the institutions
31 and agencies covered hereunder;
32 (2) The presidents and vice-presidents of each
33 educational institution;
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1 (3) Other principal administrative employees of each
2 institution and agency as determined by the Merit Board;
3 (4) The teaching, research and extension faculties of
4 each institution and agency;
5 (5) Students employed under rules prescribed by the
6 Merit Board, without examination or certification.
7 (Source: P.A. 89-4, eff. 1-1-96.)
8 (110 ILCS 70/36g-1) (from Ch. 24 1/2, par. 38b6.1)
9 Sec. 36g-1. Active military service. Any employee of
10 State Community College of East St. Louis, Southern Illinois
11 University at Carbondale, Southern Illinois University at
12 Edwardsville, the University of Illinois, any university
13 under the jurisdiction of the Board of Regents, or any
14 college or university under the jurisdiction of the Board of
15 Governors of State Colleges and Universities who is a member
16 of any reserve component of the United States Armed Services,
17 including the Illinois National Guard, and who is mobilized
18 to active military duty on or after August 1, 1990 as a
19 result of an order of the President of the United States,
20 shall for each pay period beginning on or after August 1,
21 1990 continue to receive the same regular compensation that
22 he receives or was receiving as an employee of that
23 educational institution at the time he is or was so mobilized
24 to active military duty, plus any health insurance and other
25 benefits he is or was receiving or accruing at that time,
26 minus the amount of his base pay for military service, for
27 the duration of his active military service.
28 In the event any provision of a collective bargaining
29 agreement or any policy of the educational institution
30 covering any employee so ordered to active duty is more
31 generous than the provisions contained in this Section, that
32 collective bargaining agreement or policy shall be
33 controlling.
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1 (Source: P.A. 87-631.)
2 Section 185. The University - Building Authority Leased
3 Lands Act is amended by changing the title and Sections 1 and
4 2 as follows:
5 (110 ILCS 85/Act title)
6 An Act relating to land leased from the Illinois Building
7 Authority by the respective Boards of Trustees of the
8 University of Illinois, Southern Illinois University at
9 Carbondale, Southern Illinois University at Edwardsville,
10 Chicago State University, Eastern Illinois University,
11 Governors State University, Illinois State University,
12 Northeastern Illinois University, Northern Illinois
13 University, and Western Illinois University.
14 (110 ILCS 85/1) (from Ch. 144, par. 70.11)
15 Sec. 1. The Board of Trustees of the University of
16 Illinois, the Board of Trustees of Southern Illinois
17 University at Carbondale, the Board of Trustees of Southern
18 Illinois University at Edwardsville, the Board of Trustees of
19 Chicago State University, the Board of Trustees of Eastern
20 Illinois University, the Board of Trustees of Governors State
21 University, the Board of Trustees of Illinois State
22 University, the Board of Trustees of Northeastern Illinois
23 University, the Board of Trustees of Northern Illinois
24 University, and the Board of Trustees of Western Illinois
25 University, may construct, complete, remodel, maintain and
26 equip buildings and other facilities, with funds available to
27 them from any source, upon land heretofore or hereafter
28 leased by them from the Illinois Building Authority.
29 (Source: P.A. 89-4, eff. 1-1-96.)
30 (110 ILCS 85/2) (from Ch. 144, par. 70.12)
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1 Sec. 2. Expenditures by the Board of Trustees of the
2 University of Illinois, the Board of Trustees of Southern
3 Illinois University at Carbondale, the Board of Trustees of
4 Southern Illinois University at Edwardsville, the Board of
5 Trustees of Chicago State University, the Board of Trustees
6 of Eastern Illinois University, the Board of Trustees of
7 Governors State University, the Board of Trustees of Illinois
8 State University, the Board of Trustees of Northeastern
9 Illinois University, the Board of Trustees of Northern
10 Illinois University, and the Board of Trustees of Western
11 Illinois University for the construction, completion,
12 remodeling, maintenance and equipment of buildings and other
13 facilities are not subject to any law requiring that the
14 State be vested with absolute fee title to the premises, if
15 those expenditures are made in connection with and upon
16 premises owned by the Illinois Building Authority.
17 (Source: P.A. 89-4, eff. 1-1-96.)
18 Section 190. The University Employees Custodial Accounts
19 Act is amended by changing Section 1 as follows:
20 (110 ILCS 95/1) (from Ch. 144, par. 1701)
21 Sec. 1. As used in this Act:
22 "The governing board of any public institution of higher
23 education" means the Board of Trustees of the University of
24 Illinois, the Board of Trustees of Southern Illinois
25 University at Carbondale, the Board of Trustees of Southern
26 Illinois University at Edwardsville, the Board of Trustees of
27 Chicago State University, the Board of Trustees of Eastern
28 Illinois University, the Board of Trustees of Governors State
29 University, the Board of Trustees of Illinois State
30 University, the Board of Trustees of Northeastern Illinois
31 University, the Board of Trustees of Northern Illinois
32 University, the Board of Trustees of Western Illinois
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1 University and the Illinois Community College Board.
2 "Eligible employees" means employees of public
3 institutions of higher education who qualify for favorable
4 tax treatment under Section 403b of the Internal Revenue
5 Code.
6 (Source: P.A. 89-4, eff. 1-1-96.)
7 Section 195. The University Faculty Research and
8 Consulting Act is amended by changing Section 2 as follows:
9 (110 ILCS 100/2) (from Ch. 144, par. 217)
10 Sec. 2. For the purposes of this Act,
11 (a) "State-supported institution of higher learning"
12 includes the University of Illinois, Southern Illinois
13 University at Carbondale, Southern Illinois University at
14 Edwardsville, Chicago State University, Eastern Illinois
15 University, Governors State University, Illinois State
16 University, Northeastern Illinois University, Northern
17 Illinois University, Western Illinois University and all
18 public community colleges; and
19 (b) "Contract" includes any grant made by any person
20 (individual or corporate), partnership, foundation or
21 association, other than federal, State or local governments,
22 for the performance of research or consulting services by a
23 member of the faculty of a State-supported institution of
24 higher learning. The term does not include a scholarship or
25 grant for study or research required for a graduate degree or
26 the improvement of existing skills without any services to be
27 rendered for the grantor or donor of such a scholarship or
28 grant.
29 (Source: P.A. 89-4, eff. 1-1-96.)
30 Section 200. The University Religious Observances Act is
31 amended by changing Section 1 as follows:
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1 (110 ILCS 110/1) (from Ch. 144, par. 2101)
2 Sec. 1. A public institution of higher education shall
3 adopt a policy which reasonably accommodates the religious
4 observance of individual students in regard to admissions,
5 class attendance, and the scheduling of examinations and work
6 requirements. This policy shall include a grievance
7 procedure by which a student who believes that he or she has
8 been unreasonably denied an educational benefit due to his or
9 her religious belief or practices may seek redress. Such
10 policy shall be made known to faculty and students annually
11 by inclusion in the institution's handbook, manual or other
12 similar document regularly provided to faculty and students.
13 For the purposes of this Section (a) "public institution of
14 higher education" means the University of Illinois, Southern
15 Illinois University at Carbondale, Southern Illinois
16 University at Edwardsville, Chicago State University, Eastern
17 Illinois University, Governors State University, Illinois
18 State University, Northeastern Illinois University, Northern
19 Illinois University, Western Illinois University, the public
20 community colleges of the State and any other public
21 universities, colleges and community colleges now or
22 hereafter established or authorized by the General Assembly;
23 and (b) "religious observance" or "religious practice"
24 includes all aspects of religious observance and practice, as
25 well as belief.
26 (Source: P.A. 89-4, eff. 1-1-96.)
27 Section 205. The Board of Higher Education Act is
28 amended by changing Sections 1, 7, 8, 9.11, 9.29, and 10 as
29 follows:
30 (110 ILCS 205/1) (from Ch. 144, par. 181)
31 Sec. 1. The following terms shall have the meanings
32 respectively prescribed for them, except when the context
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1 otherwise requires:
2 (a) "Public institutions of higher education": The
3 University of Illinois; Southern Illinois University at
4 Carbondale; Southern Illinois University at Edwardsville;
5 Chicago State University; Eastern Illinois University;
6 Governors State University; Illinois State University;
7 Northeastern Illinois University; Northern Illinois
8 University; Western Illinois University; the public community
9 colleges of the State and any other public universities,
10 colleges and community colleges now or hereafter established
11 or authorized by the General Assembly.
12 (b) "Board": The Board of Higher Education created by
13 this Act.
14 (c) "Engineering college" has the meaning ascribed to it
15 in the Professional Engineering Practice Act of 1989.
16 (Source: P.A. 89-4, eff. 1-1-96.)
17 (110 ILCS 205/7) (from Ch. 144, par. 187)
18 Sec. 7. The Board of Trustees of the University of
19 Illinois, the Board of Trustees of Southern Illinois
20 University at Carbondale, the Board of Trustees of Southern
21 Illinois University at Edwardsville, the Board of Trustees of
22 Chicago State University, the Board of Trustees of Eastern
23 Illinois University, the Board of Trustees of Governors State
24 University, the Board of Trustees of Illinois State
25 University, the Board of Trustees of Northeastern Illinois
26 University, the Board of Trustees of Northern Illinois
27 University, the Board of Trustees of Western Illinois
28 University, the Illinois Community College Board and the
29 campuses under their governance or supervision shall not
30 hereafter undertake the establishment of any new unit of
31 instruction, research or public service without the approval
32 of the Board. The term "new unit of instruction, research or
33 public service" includes the establishment of a college,
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1 school, division, institute, department or other unit in any
2 field of instruction, research or public service not
3 theretofore included in the program of the institution, and
4 includes the establishment of any new branch or campus. The
5 term does not include reasonable and moderate extensions of
6 existing curricula, research, or public service programs
7 which have a direct relationship to existing programs; and
8 the Board may, under its rule making power, define the
9 character of such reasonable and moderate extensions.
10 Such governing boards shall submit to the Board all
11 proposals for a new unit of instruction, research, or public
12 service. The Board may approve or disapprove the proposal in
13 whole or in part or approve modifications thereof whenever in
14 its judgment such action is consistent with the objectives of
15 an existing or proposed master plan of higher education.
16 The Board of Higher Education is authorized to review
17 periodically all existing programs of instruction, research
18 and public service at the state universities and colleges and
19 to advise the appropriate board of control if the
20 contribution of each program is not educationally and
21 economically justified.
22 (Source: P.A. 89-4, eff. 1-1-96.)
23 (110 ILCS 205/8) (from Ch. 144, par. 188)
24 Sec. 8. The Board of Trustees of the University of
25 Illinois, the Board of Trustees of Southern Illinois
26 University at Carbondale, the Board of Trustees of Southern
27 Illinois University at Edwardsville, the Board of Trustees of
28 Chicago State University, the Board of Trustees of Eastern
29 Illinois University, the Board of Trustees of Governors State
30 University, the Board of Trustees of Illinois State
31 University, the Board of Trustees of Northeastern Illinois
32 University, the Board of Trustees of Northern Illinois
33 University, the Board of Trustees of Western Illinois
-119- LRB093 08082 NHT 08283 b
1 University, and the Illinois Community College Board shall
2 submit to the Board not later than the 15th day of November
3 of each year its budget proposals for the operation and
4 capital needs of the institutions under its governance or
5 supervision for the ensuing fiscal year. Each budget proposal
6 shall conform to the procedures developed by the Board in the
7 design of an information system for State universities and
8 colleges.
9 In order to maintain a cohesive system of higher
10 education, the Board and its staff shall communicate on a
11 regular basis with all public university presidents. They
12 shall meet at least semiannually to achieve economies of
13 scale where possible and provide the most innovative and
14 efficient programs and services.
15 The Board, in the analysis of formulating the annual
16 budget request, shall consider rates of tuition and fees at
17 the state universities and colleges. The Board shall also
18 consider the current and projected utilization of the total
19 physical plant of each campus of a university or college in
20 approving the capital budget for any new building or
21 facility.
22 The Board of Higher Education shall submit to the
23 Governor, to the General Assembly, and to the appropriate
24 budget agencies of the Governor and General Assembly its
25 analysis and recommendations on such budget proposals.
26 Each state supported institution within the application
27 of this Act must submit its plan for capital improvements of
28 non-instructional facilities to the Board for approval before
29 final commitments are made. Non-instructional uses shall
30 include but not be limited to dormitories, union buildings,
31 field houses, stadium, other recreational facilities and
32 parking lots. The Board shall determine whether or not any
33 project submitted for approval is consistent with the master
34 plan for higher education and with instructional buildings
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1 that are provided for therein. If the project is found by a
2 majority of the Board not to be consistent, such capital
3 improvement shall not be constructed.
4 (Source: P.A. 89-4, eff. 1-1-96.)
5 (110 ILCS 205/9.11) (from Ch. 144, par. 189.11)
6 Sec. 9.11. Effective January 1, 1980, to require the
7 preparation of an annual capital plan which details the
8 proposed budget year and 3-year3 year capital needs of the
9 Board of Trustees of the University of Illinois, the Board of
10 Trustees of Southern Illinois University at Carbondale, the
11 Board of Trustees of Southern Illinois University at
12 Edwardsville, the Board of Trustees of Chicago State
13 University, the Board of Trustees of Eastern Illinois
14 University, the Board of Trustees of Governors State
15 University, the Board of Trustees of Illinois State
16 University, the Board of Trustees of Northeastern Illinois
17 University, the Board of Trustees of Northern Illinois
18 University, and the Board of Trustees of Western Illinois
19 University. Such plan shall detail capital expenditures to
20 finance revenue producing facilities through the issuance of
21 revenue bonds. This plan shall detail each project and the
22 project cost in current dollar amounts. The plan shall
23 contain the appropriate detail for the proposed budget year
24 and the 3-year3 year plan which will justify the projects
25 ability to meet: the debt service requirements by producing
26 sufficient revenue, life expectancy and maintenance
27 requirements. Such annual capital plans shall be submitted to
28 the Illinois Economic and Fiscal Commission no later than
29 March 15th of each year.
30 (Source: P.A. 89-4, eff. 1-1-96.)
31 (110 ILCS 205/9.29)
32 Sec. 9.29. Tuition and fee waiver report. The Board of
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1 Higher Education shall annually compile information
2 concerning tuition and fee waivers and tuition and fee waiver
3 programs that has been provided by the Boards of Trustees of
4 the University of Illinois, Southern Illinois University at
5 Carbondale, Southern Illinois University at Edwardsville,
6 Chicago State University, Eastern Illinois University,
7 Governors State University, Illinois State University,
8 Northeastern Illinois University, Northern Illinois
9 University, and Western Illinois University and shall report
10 its findings and recommendations concerning tuition and fee
11 waivers and tuition and fee waiver programs to the General
12 Assembly by filing copies of its report by December 31 of
13 each year as provided in Section 3.1 of the General Assembly
14 Organization Act.
15 (Source: P.A. 92-51, eff. 1-1-02.)
16 (110 ILCS 205/10) (from Ch. 144, par. 190)
17 Sec. 10. The Board of Trustees of the University of
18 Illinois, the Board of Trustees of Southern Illinois
19 University at Carbondale, the Board of Trustees of Southern
20 Illinois University at Edwardsville, the Board of Trustees of
21 Chicago State University, the Board of Trustees of Eastern
22 Illinois University, the Board of Trustees of Governors State
23 University, the Board of Trustees of Illinois State
24 University, the Board of Trustees of Northeastern Illinois
25 University, the Board of Trustees of Northern Illinois
26 University, the Board of Trustees of Western Illinois
27 University, and the Illinois Community College Board shall
28 retain all the powers and duties heretofore given and
29 conferred upon them by statute, except insofar as they are
30 limited by the powers and duties delegated to the Board of
31 Higher Education by this Act.
32 Nothing, however, in this Act shall be construed to
33 prevent individual state universities and colleges from
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1 establishing higher minimum admission requirements and higher
2 minimum admission requirements may be established for
3 out-of-state students than for Illinois residents.
4 (Source: P.A. 89-4, eff. 1-1-96.)
5 Section 210. The Higher Education Cooperation Act is
6 amended by changing Section 2 as follows:
7 (110 ILCS 220/2) (from Ch. 144, par. 282)
8 Sec. 2. As used in this Act, unless the context
9 otherwise requires:
10 "Board" means the Board of Higher Education;
11 "Nonpublic institution of higher education" means an
12 educational organization, other than a public institution of
13 higher education, which provides a minimum of an organized 2
14 year program at the private junior college level or higher
15 and which operates not-for-profit and in conformity with
16 standards substantially equivalent to those of the public
17 institutions of higher education;
18 "Public institution of higher education" means the
19 University of Illinois, Southern Illinois University at
20 Carbondale, Southern Illinois University at Edwardsville,
21 Chicago State University, Eastern Illinois University,
22 Governors State University, Illinois State University,
23 Northeastern Illinois University, Northern Illinois
24 University, Western Illinois University, the public community
25 colleges of this State, and any other public universities,
26 colleges and community colleges now or hereafter established
27 or authorized by the General Assembly.
28 (Source: P.A. 89-4, eff. 1-1-96.)
29 Section 215. The Illinois Cooperative Work Study Program
30 Act is amended by changing Section 2 as follows:
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1 (110 ILCS 225/2) (from Ch. 144, par. 2952)
2 Sec. 2. Definitions. In this Act:
3 "Board" means the Illinois Board of Higher Education.
4 "Nonpublic institution of higher education" means an
5 educational organization, other than a public institution of
6 higher education, that provides a minimum of an organized 2
7 year program at the private junior college level or higher
8 and that operates in conformity with standards substantially
9 equivalent to those of the public institutions of higher
10 education.
11 "Public institution of higher education" means the
12 University of Illinois, Southern Illinois University at
13 Carbondale, Southern Illinois University at Edwardsville,
14 Chicago State University, Eastern Illinois University,
15 Governors State University, Illinois State University,
16 Northeastern Illinois University, Northern Illinois
17 University, Western Illinois University, the public community
18 colleges of this State, and any other public universities,
19 colleges and community colleges now or hereafter established
20 or authorized by the General Assembly.
21 "Cooperative work study" means an academically related
22 work and study experience with business, industry, government
23 or other agencies and organizations. Cooperative work study
24 may include, but is not limited to, summer internships,
25 clinical placements, internships and work experiences during
26 the academic year.
27 (Source: P.A. 89-4, eff. 1-1-96.)
28 Section 220. The University of Illinois Act is amended
29 by changing Sections 7f and 8a as follows:
30 (110 ILCS 305/7f) (from Ch. 144, par. 28f)
31 Sec. 7f. Partial tuition waivers.
32 (a) As used in this Section, "Illinois college or
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1 university" means any of the following: the University of
2 Illinois, Southern Illinois University at Carbondale,
3 Southern Illinois University at Edwardsville, Chicago State
4 University, Eastern Illinois University, Governors State
5 University, Illinois State University, Northeastern Illinois
6 University, Northern Illinois University, and Western
7 Illinois University.
8 (b) Each year the Board of Trustees of the University of
9 Illinois shall offer 50% tuition waivers for undergraduate
10 education at any campus under its governance or supervision
11 to the children of employees of an Illinois college or
12 university who have been employed by any one or by more than
13 one Illinois college or university for an aggregate period of
14 at least 7 years. To be eligible to receive a partial
15 tuition waiver, the child of an employee of an Illinois
16 college or university (i) must be under the age of 25 at the
17 commencement of the academic year during which the partial
18 tuition waiver is to be effective, and (ii) must qualify for
19 admission to the University of Illinois under the same
20 admissions requirements, standards and policies which the
21 University of Illinois applies to applicants for admission
22 generally to its respective undergraduate colleges and
23 programs.
24 (c) Subject to the provisions and limitations of
25 subsection (b), an eligible applicant who has continued to
26 maintain satisfactory academic progress toward graduation may
27 have his or her partial tuition waiver renewed until the time
28 as he or she has expended 4 years of undergraduate partial
29 tuition waiver benefits under this Section.
30 (d) No partial tuition waiver offered or allocated to
31 any eligible applicant in accordance with the provisions of
32 this Section shall be charged against any tuition waiver
33 limitation established by the Illinois Board of Higher
34 Education.
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1 (e) The Board of Trustees shall prescribe rules and
2 regulations as are necessary to implement and administer the
3 provisions of this Section.
4 (Source: P.A. 90-282, eff. 1-1-98.)
5 (110 ILCS 305/8a) (from Ch. 144, par. 29a)
6 Sec. 8a. The Board of Trustees of the University of
7 Illinois shall establish a feedback system to monitor the
8 academic progress and success of Illinois high school
9 students enrolled at the University. The Board of Trustees
10 of the University of Illinois, in cooperation with the Board
11 of Trustees of Southern Illinois University at Carbondale,
12 the Board of Trustees of Southern Illinois University at
13 Edwardsville, the Board of Trustees of Chicago State
14 University, the Board of Trustees of Eastern Illinois
15 University, the Board of Trustees of Governors State
16 University, the Board of Trustees of Illinois State
17 University, the Board of Trustees of Northeastern Illinois
18 University, the Board of Trustees of Northern Illinois
19 University, and the Board of Trustees of Western Illinois
20 University shall submit annually to each high school
21 attendance center located in the State a single report with
22 respect to the graduates of that high school attendance
23 center. The report shall include, but need not be limited
24 to, the following information: the number of high school
25 graduates enrolled in each public university and the major of
26 each; the number of high school graduates who have withdrawn
27 from each public university; and student performance in
28 university coursework.
29 (Source: P.A. 89-4, eff. 1-1-96.)
30 Section 225. The Southern Illinois University Objects
31 Act is amended by changing the title and Sections 2, 12, and
32 15 as follows:
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1 (110 ILCS 510/Act title)
2 An Act in relation to the Southern Illinois University at
3 Carbondale and Southern Illinois University at Edwardsville.
4 (110 ILCS 510/2) (from Ch. 144, par. 602)
5 Sec. 2. The objects of Southern Illinois University at
6 Carbondale and Southern Illinois University at Edwardsville
7 shall be to qualify teachers for the schools of this State in
8 all branches of study which pertain to a common school
9 education; to teach such branches of learning as are related
10 to agriculture and the mechanic arts, including military
11 tactics; to offer such courses of instruction as shall best
12 serve to provide liberal and vocational education customarily
13 offered at the college level; and to offer such other courses
14 of instruction as these Universities determinethe University
15 determines; provided no professional courses culminating in
16 degrees in law, medicine, dentistry or pharmacy may be
17 offered by such UniversitiesUniversity unless approved by
18 the Board of Higher Education as provided in Section 7 of the
19 Board of Higher Education Act"An Act creating a Board of
20 Higher Education, defining its powers and duties, making an
21 appropriation therefor, and repealing an Act herein named",
22 approved August 22, 1961, as heretofore and hereafter
23 amended.
24 (Source: Laws 1963, p. 3272.)
25 (110 ILCS 510/12) (from Ch. 144, par. 612)
26 Sec. 12. The Board of Trustees of Southern Illinois
27 University at Carbondale and the Board of Trustees of
28 Southern Illinois University at Edwardsville shall appoint
29 instructors, and such officers as may be required, fix their
30 respective salaries and prescribe their duties. EachThe
31 board may remove any instructor or officer for proper cause
32 giving 10ten days' notice of any charge presented, and
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1 reasonable opportunity of defense. EachThe board shall
2 prescribe and provide the textbooks, apparatus and furniture
3 to be used in the university and make all regulations
4 necessary for its management. EachThe board may, on
5 recommendation of the faculty of the university, issue
6 diplomas to persons who have satisfactorily completed the
7 required studies and confer such degrees as are suitable for
8 the courses of study authorized by Section 2.
9 (Source: Laws 1949, p. 1420.)
10 (110 ILCS 510/15) (from Ch. 144, par. 615)
11 Sec. 15. The expense of the building, improving,
12 repairing and supplying fuel and furniture and the necessary
13 appliances and apparatus for conducting said universities
14 school, and the salaries or compensation of the Board of
15 Trustees of Southern Illinois University at Carbondale and
16 the Board of Trustees of Southern Illinois University at
17 Edwardsville, superintendent, assistants, agents and
18 employees, shall be a charge upon the State Treasury; all
19 other expenses shall be chargeable against pupils, and each
20 the Board of Trustees of Southern Illinois University shall
21 regulate the charges accordingly.
22 (Source: Laws 1949, p. 1420.)
23 Section 230. The Southern Illinois University Management
24 Act is amended by changing the title and Sections 1, 2, 4, 5,
25 6.6, 8, 8a, 8b, 8c, 8d, 8e, and 8f and adding Sections 0.05,
26 1.5, 1.10, 3.5, 3.10, and 3.15 as follows:
27 (110 ILCS 520/Act title)
28 An Act providing for the management, operation, control
29 and maintenance of Southern Illinois University at Carbondale
30 and Southern Illinois University at Edwardsville.
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1 (110 ILCS 520/0.05 new)
2 Sec. 0.05. Definitions. In this Act:
3 "Board" and "Board of Trustees" mean both the Board of
4 Trustees of Southern Illinois University at Carbondale and
5 the Board of Trustees of Southern Illinois University at
6 Edwardsville.
7 "University" means both Southern Illinois University at
8 Carbondale and Southern Illinois University at Edwardsville.
9 (110 ILCS 520/1) (from Ch. 144, par. 651)
10 Sec. 1. There is hereby created a body politic and
11 corporate which shall be styled the Board of Trustees of
12 Southern Illinois University to operate, manage, control and
13 maintain the University, hereinafter called the Board. The
14 Board of Trustees of Southern Illinois University is
15 abolished on July 31, 2003. On July 1, 2003, the governance
16 and control of Southern Illinois University shall pass to and
17 rest within the new boards of trustees created under Sections
18 1.5 and 1.10 of this Act as provided by law. The sole
19 function and power of the Board of Trustees of Southern
20 Illinois University from July 1, 2003 until its abolition on
21 July 31, 2003 shall be to assist in transferring all books,
22 records, papers, documents, pending business, accounts, and
23 all real and personal property belonging to or held for the
24 use and benefit of Southern Illinois University that until
25 July 1, 2003 was under the Board of Trustees' governance to
26 the new boards of trustees as provided by law.
27 (Source: Laws 1951, p. 1407.)
28 (110 ILCS 520/1.5 new)
29 Sec. 1.5. Southern Illinois University at Carbondale;
30 creation of board.
31 (a) There is hereby created a body politic and corporate
32 that shall be styled the Board of Trustees of Southern
-129- LRB093 08082 NHT 08283 b
1 Illinois University at Carbondale to operate, manage,
2 control, and maintain Southern Illinois University at
3 Carbondale.
4 (b) That part of Southern Illinois University associated
5 with the Carbondale campus before July 1, 2003, except the
6 Southern Illinois University School of Medicine, shall
7 hereafter be known as Southern Illinois University at
8 Carbondale, shall be under the governance and control of the
9 Board of Trustees of Southern Illinois University at
10 Carbondale, and beginning on July 1, 2003, shall award
11 appropriate degrees in the name of Southern Illinois
12 University at Carbondale.
13 (110 ILCS 520/1.10 new)
14 Sec. 1.10. Southern Illinois University at Edwardsville;
15 creation of board.
16 (a) There is hereby created a body politic and corporate
17 that shall be styled the Board of Trustees of Southern
18 Illinois University at Edwardsville to operate, manage,
19 control, and maintain Southern Illinois University at
20 Edwardsville.
21 (b) That part of the Southern Illinois University
22 associated with the Edwardsville campus before July 1, 2003,
23 along with the Southern Illinois University School of
24 Medicine, shall hereafter be known as Southern Illinois
25 University at Edwardsville, shall be under the governance and
26 control of the Board of Trustees of Southern Illinois
27 University at Edwardsville, and beginning on July 1, 2003,
28 shall award appropriate degrees in the name of Southern
29 Illinois University at Edwardsville.
30 (110 ILCS 520/2) (from Ch. 144, par. 652)
31 Sec. 2. The Board shall consist of 7 voting members
32 appointed by the Governor, by and with the advice and consent
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1 of the Senate, the Superintendent of Public Instruction, or
2 his chief assistant for liaison with higher education when
3 designated to serve in his place, ex-officio, and one voting
4 student member designated by the Governor from one campus of
5 the University and one nonvoting student member who is a
6 student atfrom the campus of the University not represented
7 by the voting student member. The Governor shall designate
8 one of the student members serving on the Board to serve as
9 the voting student member. Each student member shall be
10 chosen by the respective campuses of Southern Illinois
11 University at Carbondale and Edwardsville. The method of
12 choosing thethese student membermembers shall be by
13 campus-wide student election, and any student designated by
14 the Governor to be a voting student member shall be one of
15 the students chosen by this method. The student member
16 members shall serve a termterms of one year beginning on
17 July 1 of each year, except that the student membermembers
18 initially selected shall serve a term beginning on the date
19 of such selection and expiring on the next succeeding June
20 30. To be eligible for selection as a student member and to
21 be eligible to remain as a voting or nonvoting student member
22 of the Board, thea student member must be a resident of this
23 State, must have and maintain a grade point average that is
24 equivalent to at least 2.5 on a 4.0 scale, and must be a full
25 time student enrolled at all times during his or her term of
26 office except for that part of the term which follows the
27 completion of the last full regular semester of an academic
28 year and precedes the first full regular semester of the
29 succeeding academic year at the university (sometimes
30 commonly referred to as the summer session or summer school).
31 If thea voting or nonvoting student member serving on the
32 Board fails to continue to meet or maintain the residency,
33 minimum grade point average, or enrollment requirement
34 established by this Section, his or her membership on the
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1 Board shall be deemed to have terminated by operation of law.
2 No more than 4 of the members appointed by the Governor shall
3 be affiliated with the same political party. Each member
4 appointed by the Governor must be a resident of this State.
5 A failure to meet or maintain this residency requirement
6 constitutes a resignation from and creates a vacancy in the
7 Board. Of the members first appointed by the Governor, 4
8 shall be appointed for terms to expire on the third Monday in
9 January, 2007 and 3 shall be appointed for terms to expire on
10 the third Monday in January, 2009. If the Senate is not in
11 session on July 1, 2003 or if a vacancy in an appointive
12 membership occurs at a time when the Senate is not in
13 session, the Governor shall make temporary appointments until
14 the next meeting of the Senate when he or she shall nominate
15 persons to fill such memberships for the remainder of their
16 respective terms. Upon the expiration of the terms of
17 members appointed by the Governor, their respective
18 successors shall be appointed for terms of 6 years from the
19 third Monday in January of each odd-numbered year and until
20 their respective successors are appointed for like terms. If
21 the Senate is not in session appointments shall be made as in
22 the case of vacancies.
23 (Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00;
24 92-16, eff. 6-28-01.)
25 (110 ILCS 520/3.5 new)
26 Sec. 3.5. Southern Illinois University at Carbondale;
27 transfer of authority. All of the rights, powers, and duties
28 vested by law in the Board of Trustees of Southern Illinois
29 University before July 1, 2003 and relating to the operation,
30 management, control, and maintenance of Southern Illinois
31 University at Carbondale prior to its change of name and
32 status are hereby transferred to and vested in the Board of
33 Trustees of Southern Illinois University at Carbondale.
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1 All books, records, papers, documents, and pending
2 business in any way pertaining to Southern Illinois
3 University at Carbondale prior to its change of name and
4 status and held by the Board of Trustees of Southern Illinois
5 University before July 1, 2003 are hereby transferred from
6 the Board of Trustees of Southern Illinois University to the
7 Board of Trustees of Southern Illinois University at
8 Carbondale.
9 On July 1, 2003, the rules and regulations previously
10 promulgated by the Board of Trustees of Southern Illinois
11 University and applicable to Southern Illinois University at
12 Carbondale prior to its change of name and status shall be
13 the rules and regulations applicable to Southern Illinois
14 University at Carbondale, provided that, beginning on July 1,
15 2003, any or all of the rules and regulations may be changed
16 or rescinded by the Board of Trustees of Southern Illinois
17 University at Carbondale.
18 The right of custody, possession, and control over all
19 items of income, funds, or deposits in any way pertaining to
20 Southern Illinois University at Carbondale prior to its
21 change of name and status that before July 1, 2003 were held
22 or retained by or under the jurisdiction of the Board of
23 Trustees of Southern Illinois University under the authority
24 of the State Finance Act as that Act existed before July 1,
25 2003, is hereby transferred to and vested in the Board of
26 Trustees of Southern Illinois University at Carbondale to be
27 retained by Southern Illinois University at Carbondale in its
28 own treasury, or deposited with a bank or savings and loan
29 association, all in accordance with the provisions of the
30 State Finance Act.
31 There is hereby transferred from the Board of Trustees of
32 Southern Illinois University to the Board of Trustees of
33 Southern Illinois University at Carbondale the power of order
34 and direction over the disbursement of those funds in any way
-133- LRB093 08082 NHT 08283 b
1 pertaining to Southern Illinois University at Carbondale
2 prior to its change of name and status that immediately prior
3 to the effective date of this amendatory Act of the 93rd
4 General Assembly were retained by Southern Illinois
5 University in its own treasury under the authority of the
6 State Finance Act as that Act existed prior to July 1, 2003,
7 provided that such funds shall be disbursed from time to time
8 pursuant to the order and direction of the Board of Trustees
9 of Southern Illinois University at Carbondale in accordance
10 with any contracts, pledges, trusts, or agreements heretofore
11 made with respect to the use or application of such funds by
12 the Board of Trustees of Southern Illinois University.
13 The Board of Trustees of Southern Illinois University at
14 Carbondale shall succeed to, assume, and exercise all rights,
15 powers, duties, and responsibilities formerly exercised by
16 the Board of Trustees of Southern Illinois University on
17 behalf of Southern Illinois University at Carbondale before
18 its change of name and status. All contracts and agreements
19 entered into by the Board of Trustees of Southern Illinois
20 University on behalf of Southern Illinois University at
21 Carbondale before its change of name and status shall subsist
22 notwithstanding the transfer of the functions of the Board of
23 Trustees of Southern Illinois University, with respect to
24 Southern Illinois University at Carbondale prior to its
25 change of name and status, to the Board of Trustees of
26 Southern Illinois University at Carbondale. All bonds, notes,
27 and other evidences of indebtedness outstanding on July 1,
28 2003 issued by the Board of Trustees of Southern Illinois
29 University on behalf of Southern Illinois University at
30 Carbondale before its change of name and status shall become
31 the bonds, notes, or other evidences of indebtedness of
32 Southern Illinois University at Carbondale and shall be
33 otherwise unaffected by the transfer of functions to the
34 Board of Trustees of Southern Illinois University at
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1 Carbondale. Any action with respect to Southern Illinois
2 University at Carbondale prior to its change of name and
3 status, including without limitation approvals of
4 applications for bonds and resolutions constituting official
5 action under the Internal Revenue Code, by the Board of
6 Trustees of Southern Illinois University before July 1, 2003
7 shall remain effective to the same extent as if that action
8 had been taken by the Board of Trustees of Southern Illinois
9 University at Carbondale and shall be deemed to be action
10 taken by the Board of Trustees of Southern Illinois
11 University at Carbondale for Southern Illinois University at
12 Carbondale.
13 The title to all other property, whether real, personal
14 or mixed, and all accounts receivable belonging to or under
15 the jurisdiction of the Board of Trustees of Southern
16 Illinois University for Southern Illinois University at
17 Carbondale prior to its change of name and status is hereby
18 transferred to and vested in the Board of Trustees of
19 Southern Illinois University at Carbondale to be held for the
20 People of the State of Illinois.
21 The employment of all academic and nonacademic personnel
22 of Southern Illinois University at Carbondale prior to its
23 change of name and status is hereby transferred from the
24 Board of Trustees of Southern Illinois University to the
25 Board of Trustees of Southern Illinois University at
26 Carbondale, but the locus of employment shall not be
27 transferred. The transfer shall not affect the status and
28 rights of any person under the State Universities Retirement
29 System or the State Universities Civil Service System. On
30 July 1, 2003, the individuals whose employment is so
31 transferred shall be credited with earned vacation days and
32 sick leave days accrued before the transfer.
33 On July 1, 2003, individuals who were students of
34 Southern Illinois University at Carbondale prior to its
-135- LRB093 08082 NHT 08283 b
1 change of name and status shall be students of Southern
2 Illinois University at Carbondale.
3 (110 ILCS 520/3.10 new)
4 Sec. 3.10. Southern Illinois University at Edwardsville;
5 transfer of authority. All of the rights, powers, and duties
6 vested by law in the Board of Trustees of Southern Illinois
7 University before July 1, 2003 and relating to the operation,
8 management, control, and maintenance of Southern Illinois
9 University at Edwardsville prior to its change of name and
10 status are hereby transferred to and vested in the Board of
11 Trustees of Southern Illinois University at Edwardsville.
12 All books, records, papers, documents, and pending
13 business in any way pertaining to Southern Illinois
14 University at Edwardsville prior to its change of name and
15 status and held by the Board of Trustees of Southern Illinois
16 University before July 1, 2003 are hereby transferred from
17 the Board of Trustees of Southern Illinois University to the
18 Board of Trustees of Southern Illinois University at
19 Edwardsville.
20 On July 1, 2003, the rules and regulations previously
21 promulgated by the Board of Trustees of Southern Illinois
22 University and applicable to Southern Illinois University at
23 Edwardsville prior to its change of name and status shall be
24 the rules and regulations applicable to Southern Illinois
25 University at Edwardsville, provided that, beginning on July
26 1, 2003, any or all of the rules and regulations may be
27 changed or rescinded by the Board of Trustees of Southern
28 Illinois University at Edwardsville.
29 The right of custody, possession, and control over all
30 items of income, funds, or deposits in any way pertaining to
31 Southern Illinois University at Edwardsville prior to its
32 change of name and status that before July 1, 2003 were held
33 or retained by or under the jurisdiction of the Board of
-136- LRB093 08082 NHT 08283 b
1 Trustees of Southern Illinois University under the authority
2 of the State Finance Act as that Act existed before July 1,
3 2003, is hereby transferred to and vested in the Board of
4 Trustees of Southern Illinois University at Edwardsville to
5 be retained by Southern Illinois University at Edwardsville
6 in its own treasury, or deposited with a bank or savings and
7 loan association, all in accordance with the provisions of
8 the State Finance Act.
9 There is hereby transferred from the Board of Trustees of
10 Southern Illinois University to the Board of Trustees of
11 Southern Illinois University at Edwardsville the power of
12 order and direction over the disbursement of those funds in
13 any way pertaining to Southern Illinois University at
14 Edwardsville prior to its change of name and status that
15 immediately prior to the effective date of this amendatory
16 Act of the 93rd General Assembly were retained by Southern
17 Illinois University in its own treasury under the authority
18 of the State Finance Act as that Act existed prior to July 1,
19 2003, provided that such funds shall be disbursed from time
20 to time pursuant to the order and direction of the Board of
21 Trustees of Southern Illinois University at Edwardsville in
22 accordance with any contracts, pledges, trusts, or agreements
23 heretofore made with respect to the use or application of
24 such funds by the Board of Trustees of Southern Illinois
25 University.
26 The Board of Trustees of Southern Illinois University at
27 Edwardsville shall succeed to, assume, and exercise all
28 rights, powers, duties, and responsibilities formerly
29 exercised by the Board of Trustees of Southern Illinois
30 University on behalf of Southern Illinois University at
31 Edwardsville before its change of name and status. All
32 contracts and agreements entered into by the Board of
33 Trustees of Southern Illinois University on behalf of
34 Southern Illinois University at Edwardsville before its
-137- LRB093 08082 NHT 08283 b
1 change of name and status shall subsist notwithstanding the
2 transfer of the functions of the Board of Trustees of
3 Southern Illinois University, with respect to Southern
4 Illinois University at Edwardsville prior to its change of
5 name and status, to the Board of Trustees of Southern
6 Illinois University at Edwardsville. All bonds, notes, and
7 other evidences of indebtedness outstanding on July 1, 2003
8 issued by the Board of Trustees of Southern Illinois
9 University on behalf of Southern Illinois University at
10 Edwardsville before its change of name and status shall
11 become the bonds, notes, or other evidences of indebtedness
12 of Southern Illinois University at Edwardsville and shall be
13 otherwise unaffected by the transfer of functions to the
14 Board of Trustees of Southern Illinois University at
15 Edwardsville. Any action with respect to Southern Illinois
16 University at Edwardsville prior to its change of name and
17 status, including without limitation approvals of
18 applications for bonds and resolutions constituting official
19 action under the Internal Revenue Code, by the Board of
20 Trustees of Southern Illinois University before July 1, 2003
21 shall remain effective to the same extent as if that action
22 had been taken by the Board of Trustees of Southern Illinois
23 University at Edwardsville and shall be deemed to be action
24 taken by the Board of Trustees of Southern Illinois
25 University at Edwardsville for Southern Illinois University
26 at Edwardsville.
27 The title to all other property, whether real, personal
28 or mixed, and all accounts receivable belonging to or under
29 the jurisdiction of the Board of Trustees of Southern
30 Illinois University for Southern Illinois University at
31 Edwardsville prior to its change of name and status is hereby
32 transferred to and vested in the Board of Trustees of
33 Southern Illinois University at Edwardsville to be held for
34 the People of the State of Illinois.
-138- LRB093 08082 NHT 08283 b
1 The employment of all academic and nonacademic personnel
2 of Southern Illinois University at Edwardsville prior to its
3 change of name and status is hereby transferred from the
4 Board of Trustees of Southern Illinois University to the
5 Board of Trustees of Southern Illinois University at
6 Edwardsville, but the locus of employment shall not be
7 transferred. The transfer shall not affect the status and
8 rights of any person under the State Universities Retirement
9 System or the State Universities Civil Service System. On
10 July 1, 2003, the individuals whose employment is so
11 transferred shall be credited with earned vacation days and
12 sick leave days accrued before the transfer.
13 On July 1, 2003, individuals who were students of
14 Southern Illinois University at Edwardsville prior to its
15 change of name and status shall be students of Southern
16 Illinois University at Edwardsville.
17 (110 ILCS 520/3.15 new)
18 Sec. 3.15. Inability to transfer. Anything under Section
19 3.5 or 3.10 of this Act that cannot be transferred to the
20 Board of Trustees of Southern Illinois University at
21 Carbondale or the Board of Trustees of Southern Illinois
22 University at Edwardsville because it was not related to
23 either Southern Illinois University at Carbondale prior to
24 its change of name and status or Southern Illinois University
25 at Edwardsville prior to its change of name and status shall
26 be divided equally, if possible, or shared between the 2
27 universities.
28 (110 ILCS 520/4) (from Ch. 144, par. 654)
29 Sec. 4. Members of the Board shall serve without
30 compensation but shall be entitled to reasonable amounts for
31 expenses necessarily incurred in the performance of their
32 duties. Such expenses incurred by theany non-voting student
-139- LRB093 08082 NHT 08283 b
1 member may, at the discretion of the ChairpersonChairman of
2 the Board, be provided for by advance payment to the student
3 such member, who shall account therefor to the Board
4 immediately after each meeting.
5 No member of the Board shall hold or be employed in or
6 appointed to any office or place under the authority of the
7 Board, nor shall any member of the Board be directly or
8 indirectly interested in any contract made by the Board, nor
9 shall he or she be an employee of the State or federal
10 government. This Section does not prohibit the student
11 membermembers of the Board from maintaining normal and
12 official status as an enrolled studentstudents or normal
13 student employment at theSouthern Illinois University.
14 (Source: P.A. 79-932.)
15 (110 ILCS 520/5) (from Ch. 144, par. 655)
16 Sec. 5. Members of the Board shall elect annually by
17 secret ballot from their own number a chairpersonchairman
18 who shall preside over meetings of the Board and a secretary.
19 Meetings of the Board shall be held at least once each
20 quarter on thea campus of theSouthern Illinois University.
21 At all regular meetings of the Board, a majority of its
22 voting members shall constitute a quorum. The student member
23 members shall have all of the privileges of membership,
24 including the right to make and second motions and to attend
25 executive sessions, other than the right to vote, but the
26 except that the student member designated by the Governor as
27 the voting student member shall have the right to vote on all
28 Board matters except those involving faculty tenure, faculty
29 promotion or any issue on which the student member has a
30 direct conflict of interest. A student member who is not
31 entitled to vote on a measure at a meeting of the Board or
32 any of its committees shall not be considered a member for
33 the purpose of determining whether a quorum is present at any
-140- LRB093 08082 NHT 08283 b
1 meeting of the Board or any of its committeesthe time that
2 measure is voted upon. No action of the Board shall be
3 invalidated by reason of any vacancies on the Board, or by
4 reason of any failure to select a student member.
5 Special meetings of the Board may be called by the
6 chairpersonchairman of the Board or by any 3 members of the
7 Board.
8 At each regular and special meeting that is open to the
9 public, members of the public and employees of the University
10 shall be afforded time, subject to reasonable constraints, to
11 make comments to or ask questions of the Board.
12 (Source: P.A. 91-715, eff. 1-1-01; 91-778, eff. 1-1-01;
13 92-16, eff. 6-28-01.)
14 (110 ILCS 520/6.6)
15 Sec. 6.6. The Illinois Ethanol Research Advisory Board.
16 (a) There is established the Illinois Ethanol Research
17 Advisory Board (the "Advisory Board").
18 (b) The Advisory Board shall be composed of 13 members
19 including: the President of Southern Illinois University at
20 Carbondale who shall be ChairpersonChairman; the Director of
21 Commerce and Community Affairs; the Director of Agriculture;
22 the President of the Illinois Corn Growers Association; the
23 President of the National Corn Growers Association; the
24 President of the Renewable Fuels Association; the Dean of the
25 College of Agricultural, Consumer, and Environmental Science,
26 University of Illinois at Champaign-Urbana; and 6 at-large
27 members appointed by the Governor representing the ethanol
28 industry, growers, suppliers, and universities.
29 (c) The 6 at-large members shall serve a term of 4
30 years. The Advisory Board shall meet at least annually or at
31 the call of the ChairpersonChairman. At any time a majority
32 of the Advisory Board may petition the ChairpersonChairman
33 for a meeting of the Board. Seven members of the Advisory
-141- LRB093 08082 NHT 08283 b
1 Board shall constitute a quorum.
2 (d) The Advisory Board shall:
3 (1) Review the annual operating plans and budget of
4 the National Corn-to-Ethanol Research Pilot Plant.
5 (2) Advise on research and development priorities
6 and projects to be carried out at the Corn-to-Ethanol
7 Research Pilot Plant.
8 (3) Advise on policies and procedures regarding the
9 management and operation of the ethanol research pilot
10 plant. This may include contracts, project selection,
11 and personnel issues.
12 (4) Develop bylaws.
13 (5) Submit a final report to the Governor and
14 General Assembly outlining the progress and
15 accomplishments made during the year along with a
16 financial report for the year.
17 (e) The Advisory Board established by this Section is a
18 continuation, as changed by the Section, of the Board
19 established under Section 8a of the Energy Conservation and
20 Coal Act and repealed by this amendatory Act of the 92nd
21 General Assembly.
22 (Source: P.A. 92-736, eff. 7-25-02.)
23 (110 ILCS 520/8) (from Ch. 144, par. 658)
24 Sec. 8. Powers and duties of the Board. The Board shall
25 have power and it shall be its duty:
26 1. To make rules, regulations and by-laws, not
27 inconsistent with law, for the government and management
28 of theSouthern Illinois University and its branches;
29 2. To employ, and, for good cause, to remove a
30 president of theSouthern Illinois University, and all
31 necessary deans, professors, associate professors,
32 assistant professors, instructors, and other educational
33 and administrative assistants, and all other necessary
-142- LRB093 08082 NHT 08283 b
1 employees, and contract with them upon matters relating
2 to 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 the
5 Southern Illinois 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
11 to the pro rata share of the annual dues plus any
12 payments or contributions, and the Board shall transmit
13 such withholdings to the specified labor organization
14 within 10 working days from the time of the withholding.
15 Whenever the Board establishes a search committee to fill
16 the position of president of theSouthern Illinois
17 University, there shall be minority representation,
18 including women, on that search committee;
19 3. To prescribe the course of study to be followed,
20 and textbooks and apparatus to be used at theSouthern
21 Illinois University;
22 4. To issue upon the recommendation of the faculty,
23 diplomas to such persons as have satisfactorily completed
24 the required studies of theSouthern Illinois University,
25 and confer such professional and literary degrees as are
26 usually conferred by other institutions of like character
27 for similar or equivalent courses of study, or such as
28 the Board may deem appropriate;
29 5. To examine into the conditions, management, and
30 administration of theSouthern Illinois University, to
31 provide the requisite buildings, apparatus, equipment and
32 auxiliary enterprises, and to fix and collect
33 matriculation fees; tuition fees; fees for student
34 activities; fees for student facilities such as student
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1 union buildings or field houses or stadium or other
2 recreational facilities; student welfare fees; laboratory
3 fees and similar fees for supplies and material;
4 6. To succeed to and to administer all trusts,
5 trust property, and gifts now or hereafter belonging or
6 pertaining to theSouthern Illinois University;
7 7. To accept endowments of professorships or
8 departments in the University from any person who may
9 proffer them and, at regular meetings, to prescribe rules
10 and regulations in relation to endowments and declare on
11 what general principles they may be accepted;
12 8. To enter into contracts with the Federal
13 government for providing courses of instruction and other
14 services at theSouthern Illinois University for persons
15 serving in or with the military or naval forces of the
16 United States, and to provide such courses of instruction
17 and other services;
18 9. To provide for the receipt and expenditures of
19 Federal funds, paid to the Southern Illinois University
20 by the Federal government for instruction and other
21 services for persons serving in or with the military or
22 naval forces of the United States and to provide for
23 audits of such funds;
24 10. To appoint, subject to the applicable civil
25 service law, persons to be members of the Southern
26 Illinois University Police Department. Members of the
27 Police Department shall be conservators of the peace and
28 as such have all powers possessed by policemen in cities,
29 and sheriffs, including the power to make arrests on view
30 or warrants of violations of state statutes, university
31 rules and regulations and city or county ordinances,
32 except that they may exercise such powers only within
33 counties wherein the university and any of its branches
34 or properties are located when such is required for the
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1 protection of university properties and interests, and
2 its students and personnel, and otherwise, within such
3 counties, when requested by appropriate State or local
4 law enforcement officials. However, such officers shall
5 have no power to serve and execute civil processes.
6 The Board must authorize to each member of the
7 Southern Illinois University Police Department and to any
8 other employee of theSouthern Illinois University
9 exercising the powers of a peace officer a distinct badge
10 that, on its face, (i) clearly states that the badge is
11 authorized by theSouthern Illinois University and (ii)
12 contains a unique identifying number. No other badge
13 shall be authorized by theSouthern Illinois University.
14 11. With respect to the Board of Trustees of
15 Southern Illinois University at Edwardsville, to
16 administer a plan or plans established by the clinical
17 faculty of the School of Medicine for the billing,
18 collection and disbursement of charges made by individual
19 faculty members for professional services performed by
20 them in the course of or in support of their academic
21 responsibilities, provided that such plan has been first
22 approved by Board action. All such collections shall be
23 deposited into a special fund or funds administered by
24 the Board from which disbursements may be made according
25 to the provisions of said plan. The reasonable costs
26 incurred, by the University, administering the billing,
27 collection and disbursement provisions of a plan shall
28 have first priority for payment before distribution or
29 disbursement for any other purpose. Charges established
30 pursuant to this plan must be itemized in any billing and
31 any amounts collected which are not used to off-set the
32 cost of operating or maintaining the activity which
33 generated the funds collected, must be accounted for
34 separately. This accounting must clearly show the use and
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1 application made of the funds and the Board shall report
2 such accountings for the previous fiscal year to the
3 Legislative Audit Commission annually by December 31 of
4 each fiscal year.
5 The Board of Trustees may own, operate, or govern,
6 by or through the School of Medicine, a managed care
7 community network established under subsection (b) of
8 Section 5-11 of the Illinois Public Aid Code.
9 12. The Board of Trustees may, directly or in
10 cooperation with other institutions of higher education,
11 acquire by purchase or lease or otherwise, and construct,
12 enlarge, improve, equip, complete, operate, control and
13 manage medical research and high technology parks,
14 together with the necessary lands, buildings, facilities,
15 equipment, and personal property therefor, to encourage
16 and facilitate (a) the location and development of
17 business and industry in the State of Illinois, and (b)
18 the increased application and development of technology
19 and (c) the improvement and development of the State's
20 economy. The Board of Trustees may lease to nonprofit
21 corporations all or any part of the land, buildings,
22 facilities, equipment or other property included in a
23 medical research and high technology park upon such terms
24 and conditions as the Board of Trustees may deem
25 advisable and enter into any contract or agreement with
26 such nonprofit corporations as may be necessary or
27 suitable for the construction, financing, operation and
28 maintenance and management of any such park; and may
29 lease to any person, firm, partnership or corporation,
30 either public or private, any part or all of the land,
31 building, facilities, equipment or other property of such
32 park for such purposes and upon such rentals, terms and
33 conditions as the Board of Trustees may deem advisable;
34 and may finance all or part of the cost of any such park,
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1 including the purchase, lease, construction,
2 reconstruction, improvement, remodeling, addition to, and
3 extension and maintenance of all or part of such high
4 technology park, and all equipment and furnishings, by
5 legislative appropriations, government grants, contracts,
6 private gifts, loans, receipts from the operation of such
7 high technology park, rentals and similar receipts; and
8 may make its other facilities and services available to
9 tenants or other occupants of any such park at rates
10 which are reasonable and appropriate.
11 The powers of the Board as herein designated are subject
12 to the Board of Higher Education Act.
13 (Source: P.A. 91-883, eff. 1-1-01; 92-370, eff. 8-15-01.)
14 (110 ILCS 520/8a) (from Ch. 144, par. 658a)
15 Sec. 8a. (1) The Board shall provide each member of the
16 Southern Illinois University Police Department without cost
17 to him public liability insurance covering him for any
18 liability which arises out of his employment to the extent of
19 the insurance policy limits which shall be not less than
20 $50,000.
21 (2) The Board shall have power to insure the Board, the
22 University and its branchesuniversities under Board
23 jurisdiction, Board members, paid and unpaid employees of the
24 Board, and any students, volunteer workers, visiting faculty
25 and professionals who are agents of the Board in the
26 performance or delivery of its programs or services against
27 claims, damages, losses, expenses and civil suits arising out
28 of statements, acts or omissions in the discharge of their
29 duties, which statements, acts or omissions do not involve
30 intentional or willful and wanton misconduct on the part of
31 such persons; and to insure against losses to real and
32 personal property owned by the Board or in the actual or
33 constructive custody of the Board and for loss of income from
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1 such real and personal property. The Board shall have power
2 to defend, hold harmless and indemnify, in whole or in part,
3 all persons as to whom any such insurance is provided.
4 Pursuant to its power to insure, the Board may establish and
5 accumulate reserves for payment of such claims, damages,
6 losses, expenses and civil suit awards or obtain insurance
7 affording coverage for such matters. Reserves established by
8 the Board for the foregoing purpose shall be subject to the
9 following conditions:
10 (a) The amount of such reserves shall not exceed the
11 amount necessary and proper, based on past experience or
12 independent actuarial determinations;
13 (b) All earnings derived from such reserves shall be
14 considered part of the reserves and may be used only for the
15 same purposes for which the reserves may be used;
16 (c) Reserves may be used only for the purposes of making
17 payments for civil suits, claims, damages, losses and
18 expenses, including attorneys fees, claims investigation
19 costs and actuarial studies associated with liabilities
20 arising out of statements, acts or omissions of individuals
21 in the discharge of their duties, which statements, acts or
22 omissions do not involve intentional or willful and wanton
23 misconduct on the part of such individuals, for payment of
24 insurance premiums, and for the purposes of making payments
25 for losses resulting from any insured peril;
26 (d) All funds collected for the purposes specified in
27 paragraph (c) or earmarked for such purposes must be placed
28 in the reserves;
29 (e) Whenever the reserves have a balance in excess of
30 what is necessary and proper, then contributions, charges,
31 assessments or other forms of funding for the reserves shall
32 be appropriately decreased.
33 (3) As to all claims, damages, losses, expenses and
34 civil suits covered by insurance provided by the Board or as
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1 to which the Board has not provided insurance, to the extent
2 permitted by law, sovereign immunity shall apply and recourse
3 shall be limited to the Court of Claims.
4 (4) When permitted by law to enter into an agreement
5 with any unit of government, institution of higher education,
6 person, or corporation for the use of property or the
7 performance of any function, service or act, the Board may
8 agree to the sharing or allocation of liabilities and damages
9 resulting from such use of property or performance of any
10 function, service or act. Such agreement may provide for
11 contribution or indemnification by any or all of the parties
12 to the agreement upon any liability arising out of the
13 performance of the agreement.
14 (Source: P.A. 84-1126.)
15 (110 ILCS 520/8b) (from Ch. 144, par. 658b)
16 Sec. 8b. (a) If the Board has provided access to any of
17 the campuses under its jurisdiction to persons or groups
18 whose purpose is to make students aware of educational or
19 occupational options, the board shall provide, on an equal
20 basis, access to the official recruiting representatives of
21 the armed forces of Illinois and the United States for the
22 purpose of informing students of educational and career
23 opportunities available to them in the military. The board
24 is not required to give greater notice regarding the right of
25 access to recruiting representatives than is given to other
26 persons and groups.
27 (b) The Board shall not bar or exclude from the
28 curriculum, campus, or school facilities of theSouthern
29 Illinois University any armed forces training program or
30 organization operated under the authority of the United
31 States government because the program or organization
32 complies with rules, regulations, or policies of the United
33 States government or any agency, branch, or department
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1 thereof.
2 (Source: P.A. 87-788.)
3 (110 ILCS 520/8c) (from Ch. 144, par. 658c)
4 Sec. 8c. The Board of Trustees of Southern Illinois
5 University shall establish a program to assess the oral
6 English language proficiency of all persons providing
7 classroom instruction to students at each campus under the
8 jurisdiction, governance or supervision of the Board, and
9 shall ensure that each person who is not orally proficient in
10 the English language attain such proficiency prior to
11 providing any classroom instruction to students. The program
12 required by this Section shall be fully implemented to ensure
13 the oral English language proficiency of all classroom
14 instructors at each campus under the jurisdiction, governance
15 or supervision of the Board by the beginning of the 1987-88
16 academic year. Any other provisions of this Section to the
17 contrary notwithstanding, nothing in this Section shall be
18 deemed or construed to apply to, or to require such oral
19 English language proficiency of any person who provides
20 classroom instruction to students in foreign language courses
21 only.
22 (Source: P.A. 84-1434.)
23 (110 ILCS 520/8d) (from Ch. 144, par. 658d)
24 Sec. 8d. The Board of Trustees of Southern Illinois
25 University shall establish a feedback system to monitor the
26 academic progress and success of Illinois high school
27 students enrolled at the University. The Board of Trustees
28 of Southern Illinois University, in cooperation with the
29 governing boards of the other public universities in this
30 State,the Board of Trustees of the University of Illinois,
31 the Board of Trustees of Chicago State University, the Board
32 of Trustees of Eastern Illinois University, the Board of
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1 Trustees of Governors State University, the Board of Trustees
2 of Illinois State University, the Board of Trustees of
3 Northeastern Illinois University, the Board of Trustees of
4 Northern Illinois University, and the Board of Trustees of
5 Western Illinois University shall submit annually to each
6 high school attendance center located in the State a single
7 report with respect to the graduates of that high school
8 attendance center. The report shall include, but need not be
9 limited to, the following information: the number of high
10 school graduates enrolled in each public university and the
11 major of each; the number of high school graduates who have
12 withdrawn from each public university; and student
13 performance in university coursework.
14 (Source: P.A. 89-4, eff. 1-1-96.)
15 (110 ILCS 520/8e) (from Ch. 144, par. 658e)
16 Sec. 8e. Admissions.
17 (a) Commencing in the fall of 1993, No new student shall
18 then or thereafter be admitted to instruction in any of the
19 departments or colleges of the University unless such student
20 also has satisfactorily completed:
21 (1) at least 15 units of high school coursework
22 from the following 5 categories:
23 (A) 4 years of English (emphasizing written
24 and oral communications and literature), of which up
25 to 2 years may be collegiate level instruction;
26 (B) 3 years of social studies (emphasizing
27 history and government);
28 (C) 3 years of mathematics (introductory
29 through advanced algebra, geometry, trigonometry, or
30 fundamentals of computer programming);
31 (D) 3 years of science (laboratory sciences);
32 and
33 (E) 2 years of electives in foreign language,
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1 music, vocational education or art;
2 (2) except that institutions may admit individual
3 applicants if the institution determines through
4 assessment or through evaluation based on learning
5 outcomes of the coursework taken, including vocational
6 education courses and courses taken in a charter school
7 established under Article 27A of the School Code, that
8 the applicant demonstrates knowledge and skills
9 substantially equivalent to the knowledge and skills
10 expected to be acquired in the high school courses
11 required for admission. The Board of Trustees of
12 Southern Illinois University shall not discriminate in
13 the University's admissions process against an applicant
14 for admission because of the applicant's enrollment in a
15 charter school established under Article 27A of the
16 School Code. Institutions may also admit 1) applicants
17 who did not have an opportunity to complete the minimum
18 college preparatory curriculum in high school, and 2)
19 educationally disadvantaged applicants who are admitted
20 to the formal organized special assistance programs that
21 are tailored to the needs of such students, providing
22 that in either case, the institution incorporates in the
23 applicant's baccalaureate curriculum courses or other
24 academic activities that compensate for course
25 deficiencies; and
26 (3) except that up to 3 of 15 units of coursework
27 required by paragraph (1) of this subsection may be
28 distributed by deducting no more than one unit each from
29 the categories of social studies, mathematics, sciences
30 and electives and completing those 3 units in any of the
31 5 categories of coursework described in paragraph (1).
32 (b) When allocating funds, local boards of education
33 shall recognize their obligation to their students to offer
34 the coursework required by subsection (a).
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1 (c) A student who has graduated from high school and has
2 scored within the University's accepted range on the ACT or
3 SAT shall not be required to take the high school level
4 General Educational Development (GED) Test as a prerequisite
5 to admission.
6 (Source: P.A. 91-374, eff. 7-30-99.)
7 (110 ILCS 520/8f) (from Ch. 144, par. 658f)
8 Sec. 8f. Partial tuition waivers.
9 (a) As used in this Section, "Illinois college or
10 university" means any of the following: the University of
11 Illinois, Southern Illinois University at Carbondale,
12 Southern Illinois University at Edwardsville, Chicago State
13 University, Eastern Illinois University, Governors State
14 University, Illinois State University, Northeastern Illinois
15 University, Northern Illinois University, and Western
16 Illinois University.
17 (b) Each year the Board of Trustees of Southern Illinois
18 University shall offer 50% tuition waivers for undergraduate
19 education at any campus under its governance or supervision
20 to the children of employees of an Illinois college or
21 university who have been employed by any one or by more than
22 one Illinois college or university for an aggregate period of
23 at least 7 years. To be eligible to receive a partial
24 tuition waiver, the child of an employee of an Illinois
25 college or university (i) must be under the age of 25 at the
26 commencement of the academic year during which the partial
27 tuition waiver is to be effective, and (ii) must qualify for
28 admission to theSouthern Illinois University under the same
29 admissions requirements, standards and policies which the
30 Southern Illinois University applies to applicants for
31 admission generally to its respective undergraduate colleges
32 and programs.
33 (c) Subject to the provisions and limitations of
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1 subsection (b), an eligible applicant who has continued to
2 maintain satisfactory academic progress toward graduation may
3 have his or her partial tuition waiver renewed until the time
4 as he or she has expended 4 years of undergraduate partial
5 tuition waiver benefits under this Section.
6 (d) No partial tuition waiver offered or allocated to
7 any eligible applicant in accordance with the provisions of
8 this Section shall be charged against any tuition waiver
9 limitation established by the Illinois Board of Higher
10 Education.
11 (e) The Board of Trustees shall prescribe rules and
12 regulations as are necessary to implement and administer the
13 provisions of this Section.
14 (Source: P.A. 90-282, eff. 1-1-98.)
15 Section 235. The Southern Illinois University Revenue
16 Bond Act is amended by changing the title and Section 2 as
17 follows:
18 (110 ILCS 525/Act title)
19 An Act to authorize the Board of Trustees of Southern
20 Illinois University at Carbondale and the Board of Trustees
21 of Southern Illinois University at Edwardsville to acquire,
22 own, operate and maintain projects as herein defined, to
23 issue its bonds therefor, to refund its bonds heretofore and
24 hereafter issued, and to provide for the payment and security
25 of all bonds issued hereunder; and to define the powers and
26 duties of said BoardsBoard in reference thereto.
27 (110 ILCS 525/2) (from Ch. 144, par. 672)
28 Sec. 2. Definitions.
29 In this Act, unless the context otherwise requires:
30 1. "Board" means both the Board of Trustees of Southern
31 Illinois University at Carbondale and the Board of Trustees
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1 of Southern Illinois University at Edwardsville, or their
2 successorsits successor.
3 2. "University" means both Southern Illinois University,
4 located at Carbondale and Southern Illinois University at
5 Edwardsville, Illinois, and theirits branches.
6 3. "Federal Agency" means the United States of America,
7 the President of the United States of America, the Housing
8 and Home Finance Agency, or such other agency or agencies of
9 the United States of America as may be designated or created
10 to make loans or grants or both.
11 4. "Acquire" includes to purchase, erect, build,
12 construct, reconstruct, complete, repair, replace, alter,
13 extend, better, equip, develop, and improve a project,
14 including the acquisition and clearing of a site or sites
15 therefor.
16 5. "Project" means and includes student residence halls;
17 apartments; staff housing facilities; dormitories; health,
18 hospital or medical facilities; dining halls; student union
19 buildings; field houses; stadiums; physical education
20 installations and facilities; auditoriums; facilities for
21 student or staff services; any facility or building leased to
22 the United States of America; heretofore, or as may be
23 hereafter, acquired, and any other revenue producing building
24 or buildings of such type and character for which the Board
25 shall hereafter from time to time find a necessity exists and
26 as may be required for the good and benefit of the
27 University, with all equipment and appurtenant facilities,
28 including off-street parking facilities; or any one or more
29 than one, or all, of the foregoing, or any combination
30 thereof, for the University.
31 (Source: Laws 1965, p. 2913.)
32 Section 240. The Sewage and Water System Training
33 Institute Act is amended by changing Sections 1 and 2 as
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1 follows:
2 (110 ILCS 530/1) (from Ch. 144, par. 691)
3 Sec. 1. The Board of Trustees of the Southern Illinois
4 University at Carbondale shall establish a Sewage Treatment
5 Plant Operators Training Institute and a Public Water Supply
6 Operators Training Institute and shall designate the location
7 within this State for and the number of times each year the
8 programs provided for in this Act shall be offered.
9 (Source: Laws 1967, p. 3465.)
10 (110 ILCS 530/2) (from Ch. 144, par. 692)
11 Sec. 2. There is created the Sewage Treatment Operators
12 Training Institute Committee composed of 3 sewage treatment
13 operators designated by the Governor and 3 representatives of
14 Southern Illinois University at Carbondale designated by the
15 Board of Trustees thereof and a Public Water Supply Operators
16 Training Institute Committee composed of 3 public water
17 supply operators designated by the Governor and 3
18 representatives of Southern Illinois University at Carbondale
19 designated by the Board of Trustees thereof. However, if in
20 the discretion of the Board of Trustees of Southern Illinois
21 University at Carbondale the purposes of this Act can best be
22 served by one committee, such committee shall be composed of
23 6 members designated by the Governor, 3 of whom are sewage
24 treatment operators and 3 of whom are public water supply
25 operators, and 3 representatives of Southern Illinois
26 University at Carbondale designated by the Board of Trustees
27 thereof. Members of the Committee shall serve without
28 compensation but shall be reimbursed for their actual
29 expenses incurred in the performance of their duties. Members
30 shall serve at the pleasure of the appointing authority
31 designating them to Committee membership.
32 (Source: P.A. 84-1308.)
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1 Section 245. The Chicago State University Law is amended
2 by changing Section 5-90 as follows:
3 (110 ILCS 660/5-90)
4 Sec. 5-90. Partial tuition waivers.
5 (a) As used in this Section, "Illinois college or
6 university" means any of the following: the University of
7 Illinois, Southern Illinois University at Carbondale,
8 Southern Illinois University at Edwardsville, Chicago State
9 University, Eastern Illinois University, Governors State
10 University, Illinois State University, Northeastern Illinois
11 University, Northern Illinois University, and Western
12 Illinois University.
13 (b) Each year the Board of Chicago State University
14 shall offer 50% tuition waivers for undergraduate education
15 at any campus under its governance to the children of
16 employees of an Illinois college or university who have been
17 employed by any one or by more than one Illinois college or
18 university for an aggregate period of at least 7 years. To
19 be eligible to receive a partial tuition waiver, the child of
20 an employee of an Illinois college or university (i) must be
21 under the age of 25 at the commencement of the academic year
22 during which the partial tuition waiver is to be effective,
23 and (ii) must qualify for admission to Chicago State
24 University under the same admissions requirements, standards
25 and policies which Chicago State University applies to
26 applicants for admission generally to its respective
27 undergraduate colleges and programs.
28 (c) Subject to the provisions and limitations of
29 subsection (b), an eligible applicant who has continued to
30 maintain satisfactory academic progress toward graduation may
31 have his or her partial tuition waiver renewed until the time
32 as he or she has expended 4 years of undergraduate partial
33 tuition waiver benefits under this Section.
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1 (d) No partial tuition waiver offered or allocated to
2 any eligible applicant in accordance with the provisions of
3 this Section shall be charged against any tuition waiver
4 limitation established by the Illinois Board of Higher
5 Education.
6 (e) The Board shall prescribe rules and regulations as
7 are necessary to implement and administer the provisions of
8 this Section.
9 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
10 Section 250. The Eastern Illinois University Law is
11 amended by changing Section 10-90 as follows:
12 (110 ILCS 665/10-90)
13 Sec. 10-90. Partial tuition waivers.
14 (a) As used in this Section, "Illinois college or
15 university" means any of the following: the University of
16 Illinois, Southern Illinois University at Carbondale,
17 Southern Illinois University at Edwardsville, Chicago State
18 University, Eastern Illinois University, Governors State
19 University, Illinois State University, Northeastern Illinois
20 University, Northern Illinois University, and Western
21 Illinois University.
22 (b) Each year the Board of Eastern Illinois University
23 shall offer 50% tuition waivers for undergraduate education
24 at any campus under its governance to the children of
25 employees of an Illinois college or university who have been
26 employed by any one or by more than one Illinois college or
27 university for an aggregate period of at least 7 years. To
28 be eligible to receive a partial tuition waiver, the child of
29 an employee of an Illinois college or university (i) must be
30 under the age of 25 at the commencement of the academic year
31 during which the partial tuition waiver is to be effective,
32 and (ii) must qualify for admission to Eastern Illinois
-158- LRB093 08082 NHT 08283 b
1 University under the same admissions requirements, standards
2 and policies which Eastern Illinois University applies to
3 applicants for admission generally to its respective
4 undergraduate colleges and programs.
5 (c) Subject to the provisions and limitations of
6 subsection (b), an eligible applicant who has continued to
7 maintain satisfactory academic progress toward graduation may
8 have his or her partial tuition waiver renewed until the time
9 as he or she has expended 4 years of undergraduate partial
10 tuition waiver benefits under this Section.
11 (d) No partial tuition waiver offered or allocated to
12 any eligible applicant in accordance with the provisions of
13 this Section shall be charged against any tuition waiver
14 limitation established by the Illinois Board of Higher
15 Education.
16 (e) The Board shall prescribe rules and regulations as
17 are necessary to implement and administer the provisions of
18 this Section.
19 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
20 Section 255. The Governors State University Law is
21 amended by changing Section 15-90 as follows:
22 (110 ILCS 670/15-90)
23 Sec. 15-90. Partial tuition waivers.
24 (a) As used in this Section, "Illinois college or
25 university" means any of the following: the University of
26 Illinois, Southern Illinois University at Carbondale,
27 Southern Illinois University at Edwardsville, Chicago State
28 University, Eastern Illinois University, Governors State
29 University, Illinois State University, Northeastern Illinois
30 University, Northern Illinois University, and Western
31 Illinois University.
32 (b) Each year the Board of Governors State University
-159- LRB093 08082 NHT 08283 b
1 shall offer 50% tuition waivers for undergraduate education
2 at any campus under its governance to the children of
3 employees of an Illinois college or university who have been
4 employed by any one or by more than one Illinois college or
5 university for an aggregate period of at least 7 years. To
6 be eligible to receive a partial tuition waiver, the child of
7 an employee of an Illinois college or university (i) must be
8 under the age of 25 at the commencement of the academic year
9 during which the partial tuition waiver is to be effective,
10 and (ii) must qualify for admission to Governors State
11 University under the same admissions requirements, standards
12 and policies which Governors State University applies to
13 applicants for admission generally to its respective
14 undergraduate colleges and programs.
15 (c) Subject to the provisions and limitations of
16 subsection (b), an eligible applicant who has continued to
17 maintain satisfactory academic progress toward graduation may
18 have his or her partial tuition waiver renewed until the time
19 as he or she has expended 4 years of undergraduate partial
20 tuition waiver benefits under this Section.
21 (d) No partial tuition waiver offered or allocated to
22 any eligible applicant in accordance with the provisions of
23 this Section shall be charged against any tuition waiver
24 limitation established by the Illinois Board of Higher
25 Education.
26 (e) The Board shall prescribe rules and regulations as
27 are necessary to implement and administer the provisions of
28 this Section.
29 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
30 Section 260. The Illinois State University Law is
31 amended by changing Section 20-90 as follows:
32 (110 ILCS 675/20-90)
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1 Sec. 20-90. Partial tuition waivers.
2 (a) As used in this Section, "Illinois college or
3 university" means any of the following: the University of
4 Illinois, Southern Illinois University at Carbondale,
5 Southern Illinois University at Edwardsville, Chicago State
6 University, Eastern Illinois University, Governors State
7 University, Illinois State University, Northeastern Illinois
8 University, Northern Illinois University, and Western
9 Illinois University.
10 (b) Each year the Board of Illinois State University
11 shall offer 50% tuition waivers for undergraduate education
12 at any campus under its governance to the children of
13 employees of an Illinois college or university who have been
14 employed by any one or by more than one Illinois college or
15 university for an aggregate period of at least 7 years. To
16 be eligible to receive a partial tuition waiver, the child of
17 an employee of an Illinois college or university (i) must be
18 under the age of 25 at the commencement of the academic year
19 during which the partial tuition waiver is to be effective,
20 and (ii) must qualify for admission to Illinois State
21 University under the same admissions requirements, standards
22 and policies which Illinois State University applies to
23 applicants for admission generally to its respective
24 undergraduate colleges and programs.
25 (c) Subject to the provisions and limitations of
26 subsection (b), an eligible applicant who has continued to
27 maintain satisfactory academic progress toward graduation may
28 have his or her partial tuition waiver renewed until the time
29 as he or she has expended 4 years of undergraduate partial
30 tuition waiver benefits under this Section.
31 (d) No partial tuition waiver offered or allocated to
32 any eligible applicant in accordance with the provisions of
33 this Section shall be charged against any tuition waiver
34 limitation established by the Illinois Board of Higher
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1 Education.
2 (e) The Board shall prescribe rules and regulations as
3 are necessary to implement and administer the provisions of
4 this Section.
5 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
6 Section 265. The Northeastern Illinois University Law is
7 amended by changing Section 25-90 as follows:
8 (110 ILCS 680/25-90)
9 Sec. 25-90. Partial tuition waivers.
10 (a) As used in this Section, "Illinois college or
11 university" means any of the following: the University of
12 Illinois, Southern Illinois University at Carbondale,
13 Southern Illinois University at Edwardsville, Chicago State
14 University, Eastern Illinois University, Governors State
15 University, Illinois State University, Northeastern Illinois
16 University, Northern Illinois University, and Western
17 Illinois University.
18 (b) Each year the Board of Northeastern Illinois
19 University shall offer 50% tuition waivers for undergraduate
20 education at any campus under its governance to the children
21 of employees of an Illinois college or university who have
22 been employed by any one or by more than one Illinois college
23 or university for an aggregate period of at least 7 years.
24 To be eligible to receive a partial tuition waiver, the child
25 of an employee of an Illinois college or university (i) must
26 be under the age of 25 at the commencement of the academic
27 year during which the partial tuition waiver is to be
28 effective, and (ii) must qualify for admission to
29 Northeastern Illinois University under the same admissions
30 requirements, standards and policies which Northeastern
31 Illinois University applies to applicants for admission
32 generally to its respective undergraduate colleges and
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1 programs.
2 (c) Subject to the provisions and limitations of
3 subsection (b), an eligible applicant who has continued to
4 maintain satisfactory academic progress toward graduation may
5 have his or her partial tuition waiver renewed until the time
6 as he or she has expended 4 years of undergraduate partial
7 tuition waiver benefits under this Section.
8 (d) No partial tuition waiver offered or allocated to
9 any eligible applicant in accordance with the provisions of
10 this Section shall be charged against any tuition waiver
11 limitation established by the Illinois Board of Higher
12 Education.
13 (e) The Board shall prescribe rules and regulations as
14 are necessary to implement and administer the provisions of
15 this Section.
16 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
17 Section 270. The Northern Illinois University Law is
18 amended by changing Section 30-90 as follows:
19 (110 ILCS 685/30-90)
20 Sec. 30-90. Partial tuition waivers.
21 (a) As used in this Section, "Illinois college or
22 university" means any of the following: the University of
23 Illinois, Southern Illinois University at Carbondale,
24 Southern Illinois University at Edwardsville, Chicago State
25 University, Eastern Illinois University, Governors State
26 University, Illinois State University, Northeastern Illinois
27 University, Northern Illinois University, and Western
28 Illinois University.
29 (b) Each year the Board of Northern Illinois University
30 shall offer 50% tuition waivers for undergraduate education
31 at any campus under its governance to the children of
32 employees of an Illinois college or university who have been
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1 employed by any one or by more than one Illinois college or
2 university for an aggregate period of at least 7 years. To
3 be eligible to receive a partial tuition waiver, the child of
4 an employee of an Illinois college or university (i) must be
5 under the age of 25 at the commencement of the academic year
6 during which the partial tuition waiver is to be effective,
7 and (ii) must qualify for admission to Northern Illinois
8 University under the same admissions requirements, standards
9 and policies which Northern Illinois University applies to
10 applicants for admission generally to its respective
11 undergraduate colleges and programs.
12 (c) Subject to the provisions and limitations of
13 subsection (b), an eligible applicant who has continued to
14 maintain satisfactory academic progress toward graduation may
15 have his or her partial tuition waiver renewed until the time
16 as he or she has expended 4 years of undergraduate partial
17 tuition waiver benefits under this Section.
18 (d) No partial tuition waiver offered or allocated to
19 any eligible applicant in accordance with the provisions of
20 this Section shall be charged against any tuition waiver
21 limitation established by the Illinois Board of Higher
22 Education.
23 (e) The Board shall prescribe rules and regulations as
24 are necessary to implement and administer the provisions of
25 this Section.
26 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
27 Section 275. The Western Illinois University Law is
28 amended by changing Section 35-90 as follows:
29 (110 ILCS 690/35-90)
30 Sec. 35-90. Partial tuition waivers.
31 (a) As used in this Section, "Illinois college or
32 university" means any of the following: the University of
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1 Illinois, Southern Illinois University at Carbondale,
2 Southern Illinois University at Edwardsville, Chicago State
3 University, Eastern Illinois University, Governors State
4 University, Illinois State University, Northeastern Illinois
5 University, Northern Illinois University, and Western
6 Illinois University.
7 (b) Each year the Board of Western Illinois University
8 shall offer 50% tuition waivers for undergraduate education
9 at any campus under its governance to the children of
10 employees of an Illinois college or university who have been
11 employed by any one or by more than one Illinois college or
12 university for an aggregate period of at least 7 years. To
13 be eligible to receive a partial tuition waiver, the child of
14 an employee of an Illinois college or university (i) must be
15 under the age of 25 at the commencement of the academic year
16 during which the partial tuition waiver is to be effective,
17 and (ii) must qualify for admission to Western Illinois
18 University under the same admissions requirements, standards
19 and policies which Western Illinois University applies to
20 applicants for admission generally to its respective
21 undergraduate colleges and programs.
22 (c) Subject to the provisions and limitations of
23 subsection (b), an eligible applicant who has continued to
24 maintain satisfactory academic progress toward graduation may
25 have his or her partial tuition waiver renewed until the time
26 as he or she has expended 4 years of undergraduate partial
27 tuition waiver benefits under this Section.
28 (d) No partial tuition waiver offered or allocated to
29 any eligible applicant in accordance with the provisions of
30 this Section shall be charged against any tuition waiver
31 limitation established by the Illinois Board of Higher
32 Education.
33 (e) The Board shall prescribe rules and regulations as
34 are necessary to implement and administer the provisions of
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1 this Section.
2 (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
3 Section 280. The Baccalaureate Savings Act is amended by
4 changing Section 3 as follows:
5 (110 ILCS 920/3) (from Ch. 144, par. 2403)
6 Sec. 3. Definitions. The following terms shall have the
7 meanings ascribed to them in this Section unless the context
8 clearly indicates otherwise:
9 (a) "College Savings Bonds" mean general obligation
10 bonds of the State issued under the General Obligation Bond
11 Act in accordance with this Act and designated as General
12 Obligation College Savings Bonds.
13 (b) "Institution of Higher Education" includes: The
14 University of Illinois; Southern Illinois University at
15 Carbondale; Southern Illinois University at Edwardsville;
16 Chicago State University; Eastern Illinois University;
17 Governors State University; Illinois State University;
18 Northeastern Illinois University; Northern Illinois
19 University; Western Illinois University; the public community
20 colleges of the State; any public universities, colleges and
21 community colleges now or hereafter established or authorized
22 by the General Assembly; any nonpublicly supported
23 postsecondary educational organization located and authorized
24 to operate in this State which operates privately,
25 not-for-profit. "Institution of higher education" does not
26 include any educational organization used for sectarian
27 instruction, as a place of religious teaching or worship or
28 for any religious denomination or the training of ministers,
29 priests, rabbis or other professional persons in the field of
30 religion.
31 (Source: P.A. 89-4, eff. 1-1-96; 90-372, eff. 7-1-98.)
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1 Section 285. The Higher Education Student Assistance Act
2 is amended by changing Sections 45, 65, 65.20, 65.25, 65.30,
3 and 65.40 as follows:
4 (110 ILCS 947/45)
5 Sec. 45. Illinois National Guard grant program.
6 (a) As used in this Section:
7 "State controlled university or community college" means
8 those institutions under the administration of the Chicago
9 State University Board of Trustees, the Eastern Illinois
10 University Board of Trustees, the Governors State University
11 Board of Trustees, the Illinois State University Board of
12 Trustees, the Northeastern Illinois University Board of
13 Trustees, the Northern Illinois University Board of Trustees,
14 the Western Illinois University Board of Trustees, Southern
15 Illinois University at Carbondale Board of Trustees, Southern
16 Illinois University at Edwardsville Board of Trustees,
17 University of Illinois Board of Trustees, or the Illinois
18 Community College Board.
19 "Tuition and fees" shall not include expenses for any
20 sectarian or denominational instruction, the construction or
21 maintenance of sectarian or denominational facilities, or any
22 other sectarian or denominational purposes or activity.
23 "Fees" means matriculation, graduation, activity, term,
24 or incidental fees. Exemption shall not be granted from any
25 other fees, including book rental, service, laboratory,
26 supply, and union building fees, hospital and medical
27 insurance fees, and any fees established for the operation
28 and maintenance of buildings, the income of which is pledged
29 to the payment of interest and principal on bonds issued by
30 the governing board of any university or community college.
31 (b) Any enlisted person or any company grade officer,
32 including warrant officers, First and Second Lieutenants, and
33 Captains in the Army and Air National Guard, who has served
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1 at least one year in the Illinois National Guard and who
2 possesses all necessary entrance requirements shall, upon
3 application and proper proof, be awarded a grant to the
4 State-controlled university or community college of his or
5 her choice, consisting of exemption from tuition and fees for
6 not more than the equivalent of 4 years of full-time
7 enrollment in relation to his or her course of study at that
8 State controlled university or community college while he or
9 she is a member of the Illinois National Guard. If the
10 recipient of any grant awarded under this Section ceases to
11 be a member of the Illinois National Guard while enrolled in
12 a course of study under that grant, the grant shall be
13 terminated as of the date membership in the Illinois National
14 Guard ended, and the recipient shall be permitted to complete
15 the school term in which he or she is then enrolled only upon
16 payment of tuition and other fees allocable to the part of
17 the term then remaining. If the recipient of the grant fails
18 to complete his or her military service obligations or
19 requirements for satisfactory participation, the Department
20 of Military Affairs shall require the recipient to repay the
21 amount of the grant received, prorated according to the
22 fraction of the service obligation not completed, and, if
23 applicable, reasonable collection fees. The Department of
24 Military Affairs may adopt rules relating to its collection
25 activities for repayment of the grant under this Section.
26 Unsatisfactory participation shall be defined by rules
27 adopted by the Department of Military Affairs. Repayments
28 shall be deposited in the National Guard Grant Fund. The
29 National Guard Grant Fund is created as a special fund in the
30 State treasury. All money in the National Guard Grant Fund
31 shall be used, subject to appropriation, by the Department of
32 Military Affairs for the purposes of this Section.
33 A grant awarded under this Section shall be considered an
34 entitlement which the State-controlled university or
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1 community college in which the holder is enrolled shall honor
2 without any condition other than the holder's maintenance of
3 minimum grade levels and a satisfactory student loan
4 repayment record pursuant to subsection (c) of Section 20 of
5 this Act.
6 (c) Subject to a separate appropriation for such
7 purposes, the Commission may reimburse the State-controlled
8 university or community college for grants authorized by this
9 Section.
10 (Source: P.A. 92-589, eff. 7-1-02.)
11 (110 ILCS 947/65)
12 Sec. 65. Student to student grant program.
13 (a) As used in this Section:
14 "Voluntary contribution" includes fees collected
15 from students by college or university officials when the
16 fee is optional or refundable to students and has been
17 approved by a majority of those voting in a campus-wide
18 referendum of students.
19 "College or university" means any of the
20 State-supported institutions of higher learning
21 administered by the Board of Trustees of the University
22 of Illinois, the Board of Trustees of Southern Illinois
23 University at Carbondale, the Board of Trustees of
24 Southern Illinois University at Edwardsville, the Board
25 of Trustees of Chicago State University, the Board of
26 Trustees of Eastern Illinois University, the Board of
27 Trustees of Governors State University, the Board of
28 Trustees of Illinois State University, the Board of
29 Trustees of Northeastern Illinois University, the Board
30 of Trustees of Northern Illinois University, the Board of
31 Trustees of Western Illinois University, or the boards of
32 trustees of public community college districts as
33 established and defined by the Public Community College
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1 Act.
2 (b) Subject to a separate appropriation for such
3 purposes, the Commission shall make matching grants to each
4 college or university for a program of student grant
5 assistance. Such grants shall match equally the amount raised
6 by college or university students for the grant program.
7 Contributions from individuals who are not then enrolled as
8 college or university students or from private or
9 eleemosynary groups and associations made directly to the
10 student fund or through a college or university student shall
11 not be included in the total amount that the State shall
12 match. If the sum appropriated is insufficient to match
13 equally the amount raised by students, the amount payable to
14 each college or university shall be proportionately reduced.
15 (c) Grant programs under this Section shall be
16 administered by each college or university, and grants under
17 those programs shall be awarded to individuals on a need
18 basis as prescribed by the Commission.
19 (d) No grant to any student from funds raised through
20 voluntary contributions and matched from the State
21 appropriation under this Section may exceed $1,000 per year.
22 (e) Each college or university shall submit to the
23 Commission an annual report of the activities, operation and
24 results of its grant program under this Section.
25 (Source: P.A. 89-4, eff. 1-1-96.)
26 (110 ILCS 947/65.20)
27 Sec. 65.20. Science-mathematics teacher scholarships.
28 (a) The Commission may annually award a number of
29 scholarships, not to exceed 200, to persons holding valid
30 teaching certificates issued under Article 21 of the School
31 Code. Such scholarships shall be issued to teachers who make
32 application to the Commission and who agree to take courses
33 at qualified institutions of higher learning that will
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1 prepare them to teach science or mathematics at the secondary
2 school level.
3 (b) Scholarships awarded under this Section shall be
4 issued pursuant to regulations promulgated by the Commission;
5 provided that no rule or regulation promulgated by the State
6 Board of Education prior to the effective date of this
7 amendatory Act of 1993 pursuant to the exercise of any right,
8 power, duty, responsibility or matter of pending business
9 transferred from the State Board of Education to the
10 Commission under this Section shall be affected thereby, and
11 all such rules and regulations shall become the rules and
12 regulations of the Commission until modified or changed by
13 the Commission in accordance with law. In awarding
14 scholarships, the Commission shall give priority to those
15 teachers with the greatest amount of seniority within school
16 districts.
17 (c) Each scholarship shall be utilized by its holder for
18 the payment of tuition at any qualified institution of higher
19 learning. Such tuition shall be available only for courses
20 that will enable the teacher to be certified to teach science
21 or mathematics at the secondary school level. The Commission,
22 in consultation with the State Teacher Certification Board,
23 shall determine which courses are eligible for tuition
24 payments under this Section.
25 (d) The Commission shall make tuition payments directly
26 to the qualified institution of higher learning which the
27 teacher attends for the courses prescribed or may make
28 payments to the teacher. Any teacher who receives payments
29 and who fails to enroll in the courses prescribed shall
30 refund the payments to the Commission.
31 (e) Following the completion of the program of study,
32 the teacher must accept employment within 2 years in a
33 secondary school in Illinois within 60 miles of the teacher's
34 residence to teach science or mathematics; provided, however,
-171- LRB093 08082 NHT 08283 b
1 that the teacher instead may elect to accept employment
2 within such 2 year period to teach science or mathematics in
3 a secondary school in Illinois which is more than 60 miles
4 from the teacher's residence. Teachers who fail to comply
5 with this provision shall refund all of the scholarship
6 awarded to the Commission, whether payments were made
7 directly to the institutions of higher learning or to the
8 teachers, and this condition shall be agreed to in writing by
9 all scholarship recipients at the time the scholarship is
10 awarded. No teacher shall be required to refund tuition
11 payments if his or her failure to obtain employment as a
12 mathematics or science teacher in a secondary school is the
13 result of financial conditions within school districts. The
14 rules and regulations promulgated as provided in this Section
15 shall include provisions regarding the waiving and deferral
16 of such payments.
17 (f) The Commission, with the cooperation of the State
18 Board of Education, shall assist teachers who have
19 participated in the scholarship program established by this
20 Section in finding employment to teach science or
21 mathematics at the secondary level.
22 (g) This Section is substantially the same as Section
23 30-4b of the School Code, which Section is repealed by this
24 amendatory Act of 1993, and shall be construed as a
25 continuation of the science-mathematics teacher scholarship
26 program established by that prior law, and not as a new or
27 different science-mathematics teacher scholarship program.
28 The State Board of Education shall transfer to the
29 Commission, as the successor to the State Board of Education
30 for all purposes of administering and implementing the
31 provisions of this Section, all books, accounts, records,
32 papers, documents, contracts, agreements, and pending
33 business in any way relating to the science-mathematics
34 teacher scholarship program continued under this Section; and
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1 all scholarships at any time awarded under that program by,
2 and all applications for any such scholarships at any time
3 made to, the State Board of Education shall be unaffected by
4 the transfer to the Commission of all responsibility for the
5 administration and implementation of the science-mathematics
6 teacher scholarship program continued under this Section.
7 The State Board of Education shall furnish to the Commission
8 such other information as the Commission may request to
9 assist it in administering this Section.
10 (h) Appropriations for the scholarships outlined in this
11 Section shall be made to the Commission from funds
12 appropriated by the General Assembly.
13 (i) For the purposes of this Section:
14 "Qualified institution of higher learning" means the
15 University of Illinois, Southern Illinois University at
16 Carbondale, Southern Illinois University at Edwardsville,
17 Chicago State University, Eastern Illinois University,
18 Governors State University, Illinois State University,
19 Northeastern Illinois University, Northern Illinois
20 University, Western Illinois University, and the public
21 community colleges subject to the Public Community College
22 Act.
23 "Secondary school level" means grades 9 through 12 or a
24 portion of such grades.
25 (Source: P.A. 88-228; 88-670, eff. 12-2-94; 89-4, eff.
26 1-1-96.)
27 (110 ILCS 947/65.25)
28 Sec. 65.25. Teacher shortage scholarships.
29 (a) The Commission may annually award a number of
30 scholarships to persons preparing to teach in areas of
31 identified staff shortages. Such scholarships shall be
32 issued to individuals who make application to the Commission
33 and who agree to take courses at qualified institutions of
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1 higher learning which will prepare them to teach in areas of
2 identified staff shortages.
3 (b) Scholarships awarded under this Section shall be
4 issued pursuant to regulations promulgated by the Commission;
5 provided that no rule or regulation promulgated by the State
6 Board of Education prior to the effective date of this
7 amendatory Act of 1993 pursuant to the exercise of any right,
8 power, duty, responsibility or matter of pending business
9 transferred from the State Board of Education to the
10 Commission under this Section shall be affected thereby, and
11 all such rules and regulations shall become the rules and
12 regulations of the Commission until modified or changed by
13 the Commission in accordance with law. The Commission shall
14 allocate the scholarships awarded between persons initially
15 preparing to teach, persons holding valid teaching
16 certificates issued under Articles 21 and 34 of the School
17 Code, and persons holding a bachelor's degree from any
18 accredited college or university who have been employed for a
19 minimum of 10 years in a field other than teaching.
20 (c) Each scholarship shall be utilized by its holder for
21 the payment of tuition and non-revenue bond fees at any
22 qualified institution of higher learning. Such tuition and
23 fees shall be available only for courses that will enable the
24 individual to be certified to teach in areas of identified
25 staff shortages. The Commission shall determine which
26 courses are eligible for tuition payments under this Section.
27 (d) The Commission may make tuition payments directly to
28 the qualified institution of higher learning which the
29 individual attends for the courses prescribed or may make
30 payments to the teacher. Any teacher who received payments
31 and who fails to enroll in the courses prescribed shall
32 refund the payments to the Commission.
33 (e) Following the completion of the program of study,
34 persons who held valid teaching certificates and persons
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1 holding a bachelor's degree from any accredited college or
2 university who have been employed for a minimum of 10 years
3 in a field other than teaching prior to receiving a teacher
4 shortage scholarship must accept employment within 2 years in
5 a school in Illinois within 60 miles of the person's
6 residence to teach in an area of identified staff shortage
7 for a period of at least 3 years; provided, however that any
8 such person instead may elect to accept employment within
9 such 2 year period to teach in an area of identified staff
10 shortage for a period of at least 3 years in a school in
11 Illinois which is more than 60 miles from such person's
12 residence. Persons initially preparing to teach prior to
13 receiving a teacher shortage scholarship must accept
14 employment within 2 years in a school in Illinois to teach in
15 an area of identified staff shortage for a period of at least
16 3 years. Individuals who fail to comply with this provision
17 shall refund all of the scholarships awarded to the
18 Commission, whether payments were made directly to the
19 institutions of higher learning or to the individuals, and
20 this condition shall be agreed to in writing by all
21 scholarship recipients at the time the scholarship is
22 awarded. No individual shall be required to refund tuition
23 payments if his or her failure to obtain employment as a
24 teacher in a school is the result of financial conditions
25 within school districts. The rules and regulations
26 promulgated as provided in this Section shall contain
27 provisions regarding the waiving and deferral of such
28 payments.
29 (f) The Commission, with the cooperation of the State
30 Board of Education, shall assist individuals who have
31 participated in the scholarship program established by this
32 Section in finding employment in areas of identified staff
33 shortages.
34 (g) Beginning in September, 1994 and annually
-175- LRB093 08082 NHT 08283 b
1 thereafter, the Commission, using data annually supplied by
2 the State Board of Education under procedures developed by it
3 to measure the level of shortage of qualified bilingual
4 personnel serving students with disabilities, shall annually
5 publish (i) the level of shortage of qualified bilingual
6 personnel serving students with disabilities, and (ii)
7 allocations of scholarships for personnel preparation
8 training programs in the areas of bilingual special education
9 teacher training and bilingual school service personnel.
10 (h) Appropriations for the scholarships outlined in this
11 Section shall be made to the Commission from funds
12 appropriated by the General Assembly.
13 (i) This Section is substantially the same as Section
14 30-4c of the School Code, which Section is repealed by this
15 amendatory Act of 1993, and shall be construed as a
16 continuation of the teacher shortage scholarship program
17 established under that prior law, and not as a new or
18 different teacher shortage scholarship program. The State
19 Board of Education shall transfer to the Commission, as the
20 successor to the State Board of Education for all purposes of
21 administering and implementing the provisions of this
22 Section, all books, accounts, records, papers, documents,
23 contracts, agreements, and pending business in any way
24 relating to the teacher shortage scholarship program
25 continued under this Section; and all scholarships at any
26 time awarded under that program by, and all applications for
27 any such scholarships at any time made to, the State Board of
28 Education shall be unaffected by the transfer to the
29 Commission of all responsibility for the administration and
30 implementation of the teacher shortage scholarship program
31 continued under this Section. The State Board of Education
32 shall furnish to the Commission such other information as the
33 Commission may request to assist it in administering this
34 Section.
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1 (j) For the purposes of this Section:
2 "Qualified institution of higher learning" means the
3 University of Illinois, Southern Illinois University at
4 Carbondale, Southern Illinois University at Edwardsville,
5 Chicago State University, Eastern Illinois University,
6 Governors State University, Illinois State University,
7 Northeastern Illinois University, Northern Illinois
8 University, Western Illinois University, the public community
9 colleges subject to the Public Community College Act and any
10 Illinois privately operated college, community college or
11 university offering degrees and instructional programs above
12 the high school level either in residence or by
13 correspondence. The Board of Higher Education and the
14 Commission, in consultation with the State Board of
15 Education, shall identify qualified institutions to supply
16 the demand for bilingual special education teachers and
17 bilingual school service personnel.
18 "Areas of identified staff shortages" means courses of
19 study in which the number of teachers is insufficient to meet
20 student or school district demand for such instruction as
21 determined by the State Board of Education.
22 (Source: P.A. 88-228; 89-4, eff. 1-1-96.)
23 (110 ILCS 947/65.30)
24 Sec. 65.30. Equal opportunity scholarships.
25 (a) The Commission may annually award a number of
26 scholarships to students who are interested in pursuing
27 studies in educational administration. Such scholarships
28 shall be issued to students who make application to the
29 Commission and who agree to take courses at qualified
30 institutions of higher learning that will allow them to
31 complete a degree in educational administration.
32 (b) Scholarships awarded under this Section shall be
33 issued pursuant to regulations promulgated by the Commission;
-177- LRB093 08082 NHT 08283 b
1 provided that no rule or regulation promulgated by the State
2 Board of Education prior to the effective date of this
3 amendatory Act of 1993 pursuant to the exercise of any right,
4 power, duty, responsibility or matter of pending business
5 transferred from the State Board of Education to the
6 Commission under this Section shall be affected thereby, and
7 all such rules and regulations shall become the rules and
8 regulations of the Commission until modified or changed by
9 the Commission in accordance with law.
10 (c) Such scholarships shall be utilized for the payment
11 of tuition and non-revenue bond fees at any qualified
12 institution of higher learning. Such tuition and fees shall
13 only be available for courses that will enable the student to
14 complete training in educational administration. The
15 Commission shall determine which courses are eligible for
16 tuition payments under this Section.
17 (d) The Commission may make tuition payments directly to
18 the qualified institution of higher learning which the
19 student attends for the courses prescribed or may make
20 payments to the student. Any student who receives payments
21 and who fails to enroll in the courses prescribed shall
22 refund the payments to the Commission.
23 (e) The Commission, with the cooperation of the State
24 Board of Education, shall assist students who have
25 participated in the scholarship program established by this
26 Section in finding employment in positions relating to
27 educational administration.
28 (f) Appropriations for the scholarships outlined in this
29 Section shall be made to the Commission from funds
30 appropriated by the General Assembly.
31 (g) This Section is substantially the same as Section
32 30-4d of the School Code, which Section is repealed by this
33 amendatory Act of 1993, and shall be construed as a
34 continuation of the equal opportunity scholarship program
-178- LRB093 08082 NHT 08283 b
1 established under that prior law, and not as a new or
2 different equal opportunity scholarship program. The State
3 Board of Education shall transfer to the Commission, as the
4 successor to the State Board of Education for all purposes of
5 administering and implementing the provisions of this
6 Section, all books, accounts, records, papers, documents,
7 contracts, agreements, and pending business in any way
8 relating to the equal opportunity scholarship program
9 continued under this Section; and all scholarships at any
10 time awarded under that program by, and all applications for
11 any such scholarship at any time made to, the State Board of
12 Education shall be unaffected by the transfer to the
13 Commission of all responsibility for the administration and
14 implementation of the equal opportunity scholarship program
15 continued under this Section. The State Board of Education
16 shall furnish to the Commission such other information as the
17 Commission may request to assist it in administering this
18 Section.
19 (h) For purposes of this Section:
20 (1) "Qualified institution of higher learning"
21 means the University of Illinois; Southern Illinois
22 University at Carbondale; Southern Illinois University at
23 Edwardsville; Chicago State University; Eastern Illinois
24 University; Governors State University; Illinois State
25 University; Northeastern Illinois University; Northern
26 Illinois University; Western Illinois University; the
27 public community colleges of the State; any other public
28 universities, colleges and community colleges now or
29 hereafter established or authorized by the General
30 Assembly; and any Illinois privately operated, not for
31 profit institution located in this State which provides
32 at least an organized 2-year program of collegiate grade
33 in liberal arts or sciences, or both, directly applicable
34 toward the attainment of a baccalaureate or graduate
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1 degree.
2 (2) "Racial minority" means a:
3 (i) Black (a person having origins in any of
4 the black racial groups in Africa);
5 (ii) Hispanic (a person of Spanish or
6 Portuguese culture with origins in Mexico, South or
7 Central America, or the Caribbean Islands,
8 regardless of race);
9 (iii) Asian American (a person having origins
10 in any of the original peoples of the Far East,
11 Southeast Asia, the Indian Subcontinent or the
12 Pacific Islands); or
13 (iv) American Indian or Alaskan Native (a
14 person having origins in any of the original peoples
15 of North America).
16 (3) "Student" means a woman or racial minority.
17 (Source: P.A. 91-357, eff. 7-29-99.)
18 (110 ILCS 947/65.40)
19 Sec. 65.40. General provisions; leaves of absence.
20 (a) The scholarships issued under Section 65.15 may be
21 used at the University of Illinois, Southern Illinois
22 University at Carbondale, Southern Illinois University at
23 Edwardsville, Chicago State University, Eastern Illinois
24 University, Governors State University, Illinois State
25 University, Northeastern Illinois University, Northern
26 Illinois University, and Western Illinois University. Unless
27 otherwise indicated, the scholarships shall exempt the holder
28 from the payment of tuition and other necessary fees as
29 defined in Section 35 of this Act.
30 Any student who has been or shall be awarded a
31 scholarship shall be reimbursed by the appropriate university
32 or community college for any charges which he or she has paid
33 and for which exemption is granted under this Section, if
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1 application for such reimbursement is made within 2 months
2 following the school term for which the charges were paid.
3 The holder of a scholarship shall be subject to all
4 examinations, rules and requirements of the university or
5 community college in which he or she is enrolled except as
6 herein directed.
7 This Section does not prohibit the Board of Trustees of
8 the University of Illinois, the Board of Trustees of Southern
9 Illinois University at Carbondale, the Board of Trustees of
10 Southern Illinois University at Edwardsville, the Board of
11 Trustees of Chicago State University, the Board of Trustees
12 of Eastern Illinois University, the Board of Trustees of
13 Governors State University, the Board of Trustees of Illinois
14 State University, the Board of Trustees of Northeastern
15 Illinois University, the Board of Trustees of Northern
16 Illinois University, and the Board of Trustees of Western
17 Illinois University for the institutions under their
18 respective jurisdictions from granting other scholarships.
19 (b) Any student enrolled in a university to which he or
20 she is holding a scholarship issued under Section 65.15 who
21 satisfies the president of the university or someone
22 designated by the president that the student requires leave
23 of absence for the purpose of earning funds to defray his or
24 her expenses while in attendance or on account of illness or
25 military service may be granted such leave and allowed a
26 period of not to exceed 6 years in which to complete his or
27 her course at the university. Time spent in the armed forces
28 shall not be part of the 6 years.
29 (Source: P.A. 91-496, eff. 8-13-99.)
30 Section 290. The Illinois Prepaid Tuition Act is amended
31 by changing Section 10 as follows:
32 (110 ILCS 979/10)
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1 Sec. 10. Definitions. In this Act:
2 "Illinois public university" means the University of
3 Illinois, Illinois State University, Chicago State
4 University, Governors State University, Southern Illinois
5 University at Carbondale, Southern Illinois University at
6 Edwardsville, Northern Illinois University, Eastern Illinois
7 University, Western Illinois University, or Northeastern
8 Illinois University.
9 "Illinois community college" means a public community
10 college as defined in Section 1-2 of the Public Community
11 College Act.
12 "MAP-eligible institution" means a public institution of
13 higher education or a nonpublic institution of higher
14 education whose students are eligible to receive need-based
15 student financial assistance through State Monetary Award
16 Program (MAP) grants administered by the Illinois Student
17 Assistance Commission under the Higher Education Student
18 Assistance Act and whose students also are eligible to
19 receive benefits under Section 529(a) of the Internal Revenue
20 Code of 1986, as specified by the federal Small Business Act
21 of 1996 and subsequent amendments to this federal law.
22 "Illinois prepaid tuition contract" or "contract" means a
23 contract entered into between the State and a Purchaser under
24 Section 45 to provide for the higher education of a qualified
25 beneficiary.
26 "Illinois prepaid tuition program" or "program" means the
27 program created in Section 15.
28 "Purchaser" means a person who makes or has contracted to
29 make payments under an Illinois prepaid tuition contract.
30 "Public institution of higher education" means an
31 Illinois public university or Illinois community college.
32 "Nonpublic institution of higher education" means any
33 MAP-eligible educational organization, other than a public
34 institution of higher education, that provides a minimum of
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1 an organized 2-year program at the postsecondary level and
2 that operates in conformity with standards substantially
3 equivalent to those of public institutions of higher
4 education. "Nonpublic institution of higher education" does
5 not include any educational organization used principally for
6 sectarian instruction, as a place of religious teaching or
7 worship, or for any religious denomination for the training
8 of ministers, rabbis, or other professional persons in the
9 field of religion.
10 "Qualified beneficiary" means (i) anyone who has been a
11 resident of this State for at least 12 months prior to the
12 date of the contract, or (ii) a nonresident, so long as the
13 purchaser has been a resident of the State for at least 12
14 months prior to the date of the contract, or (iii) any person
15 less than one year of age whose parent or legal guardian has
16 been a resident of this State for at least 12 months prior to
17 the date of the contract.
18 "Tuition" means the quarter or semester charges imposed
19 on a qualified beneficiary to attend a MAP-eligible
20 institution.
21 "Mandatory Fees" means those quarter or semester fees
22 imposed upon all students enrolled at a MAP-eligible
23 institution.
24 "Registration Fees" means the charges derived by
25 combining tuition and mandatory fees.
26 "Contract Unit" means 15 credit hours of instruction at a
27 MAP-eligible institution.
28 "Panel" means the investment advisory panel created under
29 Section 20.
30 "Commission" means the Illinois Student Assistance
31 Commission.
32 (Source: P.A. 90-546, eff. 12-1-97; 91-669, eff. 1-1-00.)
33 Section 295. The Senior Citizen Courses Act is amended
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1 by changing Section 1 as follows:
2 (110 ILCS 990/1) (from Ch. 144, par. 1801)
3 Sec. 1. Definitions. For the purposes of this Act:
4 (a) "Public institutions of higher education" means the
5 University of Illinois, Southern Illinois University at
6 Carbondale, Southern Illinois University at Edwardsville,
7 Chicago State University, Eastern Illinois University,
8 Governors State University, Illinois State University,
9 Northeastern Illinois University, Northern Illinois
10 University, Western Illinois University, and the public
11 community colleges subject to the "Public Community College
12 Act".
13 (b) "Credit Course" means any program of study for which
14 public institutions of higher education award credit hours.
15 (c) "Senior citizen" means any person 65 years or older
16 whose annual household income is less than the threshold
17 amount provided in Section 4 of the "Senior Citizens and
18 Disabled Persons Property Tax Relief and Pharmaceutical
19 Assistance Act", approved July 17, 1972, as amended.
20 (Source: P.A. 89-4, eff. 1-1-96.)
21 Section 300. The Public Utilities Act is amended by
22 changing Sections 16-111.1 and 16-111.2 as follows:
23 (220 ILCS 5/16-111.1)
24 Sec. 16-111.1. Illinois Clean Energy Community Trust.
25 (a) An electric utility which has sold or transferred
26 generating facilities in a transaction to which subsection
27 (k) of Section 16-111 applies is authorized to establish an
28 Illinois clean energy community trust or foundation for the
29 purposes of providing financial support and assistance to
30 entities, public or private, within the State of Illinois
31 including, but not limited to, units of State and local
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1 government, educational institutions, corporations, and
2 charitable, educational, environmental and community
3 organizations, for programs and projects that benefit the
4 public by improving energy efficiency, developing renewable
5 energy resources, supporting other energy related projects
6 that improve the State's environmental quality, and
7 supporting projects and programs intended to preserve or
8 enhance the natural habitats and wildlife areas of the State.
9 Provided, however, that the trust or foundation funds shall
10 not be used for the remediation of environmentally impaired
11 property. The trust or foundation may also assist in
12 identifying other energy and environmental grant
13 opportunities.
14 (b) Such trust or foundation shall be governed by a
15 declaration of trust or articles of incorporation and bylaws
16 which shall, at a minimum, provide that:
17 (1) There shall be 6 voting trustees of the trust
18 or foundation, one of whom shall be appointed by the
19 Governor, one of whom shall be appointed by the President
20 of the Illinois Senate, one of whom shall be appointed by
21 the Minority Leader of the Illinois Senate, one of whom
22 shall be appointed by the Speaker of the Illinois House
23 of Representatives, one of whom shall be appointed by the
24 Minority Leader of the Illinois House of Representatives,
25 and one of whom shall be appointed by the electric
26 utility establishing the trust or foundation, provided
27 that the voting trustee appointed by the utility shall be
28 a representative of a recognized environmental action
29 group selected by the utility. The Governor shall
30 designate one of the 6 voting trustees to serve as
31 chairman of the trust or foundation, who shall serve as
32 chairman of the trust or foundation at the pleasure of
33 the Governor. In addition, there shall be 4 non-voting
34 trustees, one of whom shall be appointed by the Director
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1 of the Department of Commerce and Community Affairs, one
2 of whom shall be appointed by the Director of the
3 Illinois Environmental Protection Agency, one of whom
4 shall be appointed by the Director of the Department of
5 Natural Resources, and one of whom shall be appointed by
6 the electric utility establishing the trust or
7 foundation, provided that the non-voting trustee
8 appointed by the utility shall bring financial expertise
9 to the trust or foundation and shall have appropriate
10 credentials therefor.
11 (2) All voting trustees and the non-voting trustee
12 with financial expertise shall be entitled to
13 compensation for their services as trustees, provided,
14 however, that no member of the General Assembly and no
15 employee of the electric utility establishing the trust
16 or foundation serving as a voting trustee shall receive
17 any compensation for his or her services as a trustee,
18 and provided further that the compensation to the
19 chairman of the trust shall not exceed $25,000 annually
20 and the compensation to any other trustee shall not
21 exceed $20,000 annually. All trustees shall be entitled
22 to reimbursement for reasonable expenses incurred on
23 behalf of the trust in the performance of their duties as
24 trustees. All such compensation and reimbursements shall
25 be paid out of the trust.
26 (3) Trustees shall be appointed within 30 days
27 after the creation of the trust or foundation and shall
28 serve for a term of 5 years commencing upon the date of
29 their respective appointments, until their respective
30 successors are appointed and qualified.
31 (4) A vacancy in the office of trustee shall be
32 filled by the person holding the office responsible for
33 appointing the trustee whose death or resignation creates
34 the vacancy, and a trustee appointed to fill a vacancy
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1 shall serve the remainder of the term of the trustee
2 whose resignation or death created the vacancy.
3 (5) The trust or foundation shall have an
4 indefinite term, and shall terminate at such time as no
5 trust assets remain.
6 (6) The trust or foundation shall be funded in the
7 minimum amount of $250,000,000, with the allocation and
8 disbursement of funds for the various purposes for which
9 the trust or foundation is established to be determined
10 by the trustees in accordance with the declaration of
11 trust or the articles of incorporation and bylaws;
12 provided, however, that this amount may be reduced by up
13 to $25,000,000 if, at the time the trust or foundation is
14 funded, a corresponding amount is contributed by the
15 electric utility establishing the trust or foundation to
16 the Board of Trustees of Southern Illinois University at
17 Carbondale for the purpose of funding programs or
18 projects related to clean coal and provided further that
19 $25,000,000 of the amount contributed to the trust or
20 foundation shall be available to fund programs or
21 projects related to clean coal.
22 (7) The trust or foundation shall be authorized to
23 employ an executive director and other employees, to
24 enter into leases, contracts and other obligations on
25 behalf of the trust or foundation, and to incur expenses
26 that the trustees deem necessary or appropriate for the
27 fulfillment of the purposes for which the trust or
28 foundation is established, provided, however, that
29 salaries and administrative expenses incurred on behalf
30 of the trust or foundation shall not exceed $500,000 in
31 the first fiscal year after the trust or foundation is
32 established and shall not exceed $1,000,000 in each
33 subsequent fiscal year.
34 (8) The trustees may create and appoint advisory
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1 boards or committees to assist them with the
2 administration of the trust or foundation, and to advise
3 and make recommendations to them regarding the
4 contribution and disbursement of the trust or foundation
5 funds.
6 (c)(1) In addition to the allocation and disbursement of
7 funds for the purposes set forth in subsection (a) of
8 this Section, the trustees of the trust or foundation
9 shall annually contribute funds in amounts set forth in
10 subparagraph (2) of this subsection to the Citizens
11 Utility Board created by the Citizens Utility Board Act;
12 provided, however, that any such funds shall be used
13 solely for the representation of the interests of utility
14 consumers before the Illinois Commerce Commission, the
15 Federal Energy Regulatory Commission, and the Federal
16 Communications Commission and for the provision of
17 consumer education on utility service and prices and on
18 benefits and methods of energy conservation. Provided,
19 however, that no part of such funds shall be used to
20 support (i) any lobbying activity, (ii) activities
21 related to fundraising, (iii) advertising or other
22 marketing efforts regarding a particular utility, or (iv)
23 solicitation of support for, or advocacy of, a particular
24 position regarding any specific utility or a utility's
25 docketed proceeding.
26 (2) In the calendar year in which the trust or
27 foundation is first funded, the trustees shall contribute
28 $1,000,000 to the Citizens Utility Board within 60 days
29 after such trust or foundation is established; provided,
30 however, that such contribution shall be made after
31 December 31, 1999. In each of the 6 calendar years
32 subsequent to the first contribution, if the trust or
33 foundation is in existence, the trustees shall contribute
34 to the Citizens Utility Board an amount equal to the
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1 total expenditures by such organization in the prior
2 calendar year, as set forth in the report filed by the
3 Citizens Utility Board with the chairman of such trust or
4 foundation as required by subparagraph (3) of this
5 subsection. Such subsequent contributions shall be made
6 within 30 days of submission by the Citizens Utility
7 Board of such report to the Chairman of the trust or
8 foundation, but in no event shall any annual contribution
9 by the trustees to the Citizens Utility Board exceed
10 $1,000,000. Following such 7-year period, an Illinois
11 statutory consumer protection agency may petition the
12 trust or foundation for contributions to fund
13 expenditures of the type identified in paragraph (1), but
14 in no event shall annual contributions by the trust or
15 foundation for such expenditures exceed $1,000,000.
16 (3) The Citizens Utility Board shall file a report
17 with the chairman of such trust or foundation for each
18 year in which it expends any funds received from the
19 trust or foundation setting forth the amount of any
20 expenditures (regardless of the source of funds for such
21 expenditures) for: (i) the representation of the
22 interests of utility consumers before the Illinois
23 Commerce Commission, the Federal Energy Regulatory
24 Commission, and the Federal Communications Commission,
25 and (ii) the provision of consumer education on utility
26 service and prices and on benefits and methods of energy
27 conservation. Such report shall separately state the
28 total amount of expenditures for the purposes or
29 activities identified by items (i) and (ii) of this
30 paragraph, the name and address of the external recipient
31 of any such expenditure, if applicable, and the specific
32 purposes or activities (including internal purposes or
33 activities) for which each expenditure was made. Any
34 report required by this subsection shall be filed with
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1 the chairman of such trust or foundation no later than
2 March 31 of the year immediately following the year for
3 which the report is required.
4 (Source: P.A. 91-50, eff. 6-30-99; 91-781, eff. 6-9-00.)
5 (220 ILCS 5/16-111.2)
6 Sec. 16-111.2. Provisions related to proposed utility
7 transactions.
8 (a) The General Assembly finds:
9 (1) A transaction as described in paragraph (3) of
10 this subsection (a) will contribute to improved
11 reliability of the electric supply system in Illinois
12 which is one of the key purposes of the Illinois Electric
13 Service Customer Choice and Rate Relief Law of 1997.
14 (2) A transaction as described in paragraph (3) of
15 this subsection (a) is likely to promote additional
16 investment in the existing generating assets and in the
17 development of additional generation capacity in
18 Illinois, and such change in ownership is in the public
19 interest, consistent with the intent of the Illinois
20 Electric Service Customer Choice and Rate Relief Law of
21 1997 and beneficial for the citizens of this State.
22 (3) As of the date on which this amendatory Act of
23 1999 becomes law, an electric utility providing service
24 to more than 1,000,000 customers in this State has
25 proposed to sell or transfer to a single buyer 5 or more
26 generating plants with a total net dependable capacity of
27 5000 megawatts or more pursuant to subsection (g) of
28 Section 16-111.
29 (4) Such electric utility anticipates receiving a
30 sale price or consideration as a result of such
31 transaction exceeding 200% of the book value of these
32 plants.
33 (5) Such electric utility has presented to the
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1 Governor and the leaders of the General Assembly a
2 written commitment in which such electric utility agrees
3 to expend $2,000,000,000 outside the corporate limits of
4 any municipality with 1,000,000 or more inhabitants
5 within such electric utility's service area, over a
6 6-year period beginning with this calendar year on
7 projects, programs and improvements within its service
8 area relating to transmission and distribution including,
9 without limitation, infrastructure expansion, repair and
10 replacement, capital investments, operations and
11 maintenance, and vegetation management.
12 (6) Such electric utility has committed that, if
13 the sale or transfer contemplated by paragraph (3) of
14 this subsection is consummated on or before December 31,
15 1999, the electric utility shall make contributions
16 totaling $250,000,000 to entities within this State for,
17 among other purposes, environmental and clean coal
18 initiatives pursuant to Section 16-111.1, which
19 commitment includes a contribution of $25,000,000 to the
20 Board of Trustees of Southern Illinois University at
21 Carbondale for the purpose of funding programs or
22 projects related to clean coal.
23 (b) That, in light of the findings in paragraphs (1) and
24 (2) of subsection (a) and, in this instance, the
25 circumstances described in paragraphs (3) through (6) of
26 subsection (a) and otherwise, the General Assembly hereby
27 finds that allowing the generating facilities being acquired
28 to be eligible facilities under the provisions of the
29 National Energy Policy Act of 1992 that apply to exempt
30 wholesale generators (A) will benefit consumers; (B) is in
31 the public interest; and (C) does not violate the law of this
32 State.
33 (c) Nothing in this Section shall have any effect on the
34 authority of the Commission under subsection (g) of Section
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1 16-111 of this Act.
2 (Source: P.A. 91-50, eff. 6-30-99.)
3 Section 305. The Solicitation for Charity Act is amended
4 by changing Section 3 as follows:
5 (225 ILCS 460/3) (from Ch. 23, par. 5103)
6 Sec. 3. Exemptions.
7 (a) Upon initial filing of a registration statement
8 pursuant to Section 2 of this Act and notification by the
9 Attorney General of his determination that the organizational
10 purposes or circumstances specified in this paragraph for
11 exemption are actual and genuine, the following entities
12 shall be exempt from all the report filing provisions of this
13 Act, except for the requirements set forth in Section 2 of
14 this Act:
15 1. A corporation sole or other religious
16 corporation, trust or organization incorporated or
17 established for religious purposes, nor to any agency or
18 organization incorporated or established for charitable,
19 hospital or educational purposes and engaged in
20 effectuating one or more of such purposes, that is
21 affiliated with, operated by, or supervised or controlled
22 by a corporation sole or other religious corporation,
23 trust or organization incorporated or established for
24 religious purposes, nor to other religious agencies or
25 organizations which serve religion by the preservation of
26 religious rights and freedom from persecution or
27 prejudice or by fostering religion, including the moral
28 and ethical aspects of a particular religious faith.
29 2. Any charitable organization which does not
30 intend to solicit and receive and does not actually
31 receive contributions in excess of $15,000 during any 12
32 month period ending December 31 of any year. However, if
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1 the gross contributions received by such charitable
2 organization during any 12 month period ending December
3 31 of any year shall be in excess of $15,000, it shall
4 file reports as required under this Act and the
5 provisions of this Act shall apply.
6 (b) The following persons shall not be required to
7 register with the Attorney General:
8 1. The University of Illinois, Southern Illinois
9 University at Carbondale, Southern Illinois University at
10 Edwardsville, Eastern Illinois University, Illinois State
11 Normal University, Northern Illinois University, Western
12 Illinois University, all educational institutions that
13 are recognized by the State Board of Education or that
14 are accredited by a regional accrediting association or
15 by an organization affiliated with the National
16 Commission on Accrediting, any foundation having an
17 established identity with any of the aforementioned
18 educational institutions, any other educational
19 institution confining its solicitation of contributions
20 to its student body, alumni, faculty and trustees, and
21 their families, or a library established under the laws
22 of this State, provided that the annual financial report
23 of such institution or library shall be filed with the
24 State Board of Education, Governor, Illinois State
25 Library, County Library Board or County Board, as
26 provided by law.
27 2. Fraternal, patriotic, social, educational,
28 alumni organizations and historical societies when
29 solicitation of contributions is confined to their
30 membership. This exemption shall be extended to any
31 subsidiary of a parent or superior organization exempted
32 by Sub-paragraph 2 of Paragraph (b) of Section 3 of this
33 Act where such solicitation is confined to the membership
34 of the subsidiary, parent or superior organization.
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1 3. Persons requesting any contributions for the
2 relief or benefit of any individual, specified by name at
3 the time of the solicitation, if the contributions
4 collected are turned over to the named beneficiary, first
5 deducting reasonable expenses for costs of banquets, or
6 social gatherings, if any, provided all fund raising
7 functions are carried on by persons who are unpaid,
8 directly or indirectly, for such services.
9 4. Any bona fide union, bona fide political
10 organization or bona fide political action committee,
11 which does not solicit funds for a charitable purpose.
12 5. Any charitable organization receiving an
13 allocation from an incorporated community chest or united
14 fund, provided such chest or fund is complying with the
15 provisions of this Act relating to registration and
16 filing of annual reports with the Attorney General, and
17 provided such organization does not actually receive, in
18 addition to such allocation, contributions in excess of
19 $4,000 during any 12 month period ending June 30th of any
20 year, and provided further that all the fund raising
21 functions of such organization are carried on by persons
22 who are unpaid for such services. However, if the gross
23 contributions other than such allocation received by such
24 charitable organization during any 12 month period ending
25 June 30th of any year shall be in excess of $4,000, it
26 shall within 30 days after the date it shall have
27 received such contributions in excess of $4,000 register
28 with the Attorney General as required by Section 2.
29 6. A bona fide organization of volunteer firemen,
30 or a bona fide auxiliary or affiliate of such
31 organization, provided all its fund raising activities
32 are carried on by members of such an organization or an
33 affiliate thereof and such members receive no
34 compensation, directly or indirectly, therefor.
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1 7. Any charitable organization operating a nursery
2 for infants awaiting adoption providing that all its fund
3 raising activities are carried on by members of such an
4 organization or an affiliate thereof and such members
5 receive no compensation, directly or indirectly therefor.
6 8. Any corporation established by the Federal
7 Congress that is required by federal law to submit annual
8 reports of its activities to Congress containing itemized
9 accounts of all receipts and expenditures after being
10 duly audited.
11 9. Any boys' club which is affiliated with the
12 Boys' Club of America, a corporation chartered by
13 Congress; provided, however, that such an affiliate
14 properly files the reports required by the Boys' Club of
15 America and that the Boys' Club of America files with the
16 Government of the United States the reports required by
17 its federal charter.
18 10. Any veterans organization chartered or
19 incorporated under federal law and any veterans
20 organization which is affiliated with, and recognized in
21 the bylaws of, a congressionally chartered or
22 incorporated veterans organization; provided, however,
23 that the affiliate properly files the reports required by
24 the congressionally chartered or incorporated veterans
25 organization, that the congressionally chartered or
26 incorporated veterans organization files with the
27 government of the United States the reports required by
28 its federal charter, and that copies of such federally
29 required reports are filed with the Attorney General.
30 11. Any parent-teacher organization that is
31 controlled by teachers and parents of children attending
32 a particular public or private school for which the
33 organization is named and solicits contributions for the
34 benefit of that particular school; provided that:
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1 (i) the school is specified by name at the
2 time the solicitation is made;
3 (ii) all of the contributions are turned over
4 to the school, after first deducting reasonable
5 expenses for fundraising and parent-teacher
6 activities;
7 (iii) all fundraising functions are carried on
8 by persons who are not paid, either directly or
9 indirectly, for their fundraising services;
10 (iv) the total contributions, less reasonable
11 fundraising expenses, do not exceed $50,000 in any
12 calendar year;
13 (v) the organization provides the school at
14 least annually with a complete accounting of all
15 contributions received; and
16 (vi) the governing board of the school
17 certifies to the Attorney General, if the Attorney
18 General makes a request for certification, that the
19 parent-teacher organization has provided the school
20 with a full accounting and that the organization has
21 provided benefits and contributions to the school.
22 (Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
23 Section 310. The Liquor Control Act of 1934 is amended
24 by changing Section 12-1 as follows:
25 (235 ILCS 5/12-1)
26 Sec. 12-1. Grape and Wine Resources Council.
27 (a) There is hereby created the Grape and Wine Resources
28 Council, which shall have the powers and duties specified in
29 this Article and all other powers necessary and proper to
30 execute the provisions of this Article.
31 (b) The Council shall consist of 17 members including:
32 (1) The Director of the Illinois Department of
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1 Agriculture, ex officio, or the Director's designee.
2 (2) The Dean of the Southern Illinois University at
3 CarbondaleSIU College of Agriculture, or the Dean's
4 designee.
5 (3) The Dean of the University of Illinois College
6 of Agriculture, or the Dean's designee.
7 (4) An expert in enology or food science and
8 nutrition to be named by the Director of the Illinois
9 Department of Agriculture from nominations submitted
10 jointly by the Deans of the Colleges of Agriculture at
11 Southern Illinois University at Carbondale and the
12 University of Illinois.
13 (5) An expert in marketing to be named by the
14 Director of the Illinois Department of Agriculture from
15 nominations submitted jointly by the Deans of the
16 Colleges of Agriculture at Southern Illinois University
17 at Carbondale and the University of Illinois.
18 (6) An expert in viticulture to be named by the
19 Director of the Illinois Department of Agriculture from
20 nominations submitted jointly by the Deans of the
21 Colleges of Agriculture at Southern Illinois University
22 at Carbondale and the University of Illinois.
23 (7) A representative from the Illinois Division of
24 Tourism, to be named by the Director of the Illinois
25 Department of Commerce and Community Affairs.
26 (8) Six persons to be named by the Director of the
27 Illinois Department of Agriculture from nominations from
28 the President of the Illinois Grape Growers and Vintners
29 Association, of whom 3 shall be grape growers and 3 shall
30 be vintners.
31 (9) Four persons, one of whom shall be named by the
32 Speaker of the House of Representatives, one of whom
33 shall be named by the Minority Leader of the House of
34 Representatives, one of whom shall be named by the
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1 President of the Senate, and one of whom shall be named
2 by the Minority Leader of the Senate.
3 Members of the Council shall receive no compensation, but
4 shall be reimbursed for necessary expenses incurred in the
5 performance of their duties. The Council's Chair shall be
6 the Dean of the College of Agriculture at the University
7 where the Council is housed.
8 (c) The Council shall be housed at Southern Illinois
9 University at Carbondale, which shall maintain a
10 collaborative relationship with the University of Illinois at
11 Champaign.
12 (Source: P.A. 90-77, eff. 7-8-97.)
13 Section 315. The Illinois Rural/Downstate Health Act is
14 amended by changing Sections 3, 3.1, and 5.5 as follows:
15 (410 ILCS 65/3) (from Ch. 111 1/2, par. 8053)
16 Sec. 3. The Illinois Department of Public Health shall
17 establish a downstate health care program as a component of
18 primary care development. The Department shall create a
19 Center for Rural Health to coordinate programs and activities
20 within the agency relating to access to health care in rural
21 areas and designated shortage areas. The Center may work with
22 universities, private foundations, health care providers or
23 other interested organizations, private foundations, health
24 care providers or other interested organizations on
25 innovative strategies to respond to the health care needs of
26 residents of these areas.
27 The Center shall cooperate with Southern Illinois
28 University programs and services of Southern Illinois
29 University at Carbondale and Southern Illinois University at
30 Edwardsville that respond to the health care needs of
31 residents of downstate areas, including but not limited to
32 the development of primary care centers, the development of
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1 obstetrical care centers through affiliation with hospitals
2 and clinics, and the conduct of health research and
3 evaluation.
4 The Center shall cooperate with University of Illinois
5 programs and services that respond to the health care needs
6 of residents of downstate areas, including but not limited
7 to: developing innovative educational strategies designed to
8 graduate primary care physicians, especially family
9 physicians, for all Illinois, particularly the rural
10 underserved areas; developing primary care centers with
11 comprehensive care, including emergency and obstetric care
12 through affiliation with hospitals and clinics; and
13 conducting health research and evaluation.
14 (Source: P.A. 86-965; 86-1187; 87-1162.)
15 (410 ILCS 65/3.1) (from Ch. 111 1/2, par. 8053.1)
16 Sec. 3.1. Southern Illinois University at Carbondale and
17 Southern Illinois University at Edwardsville shall expand
18 theirits focus on rural health care as a component of health
19 professions education programs on theirits several campuses,
20 including, but not limited to, its programs in medicine,
21 nursing, dentistry, and technical careers, and through
22 research and technical assistance programs. Southern
23 IllinoisThe University at Edwardsville shall further
24 encourage the regional outreach mission of its School of
25 Medicine through the establishment of a dedicated
26 administrative entity within the School with responsibility
27 for rural health care planning and programming. Southern
28 IllinoisThe University at Carbondale and Southern Illinois
29 University at Edwardsville may work with communities, State
30 agencies, other colleges and universities, private
31 foundations, health care providers, and other interested
32 organizations on innovative strategies to respond to the
33 health care needs of residents of rural areas.
-199- LRB093 08082 NHT 08283 b
1 Southern IllinoisThe University at Carbondale and
2 Southern Illinois University at Edwardsville shall have the
3 authority:
4 (a) To establish such clinical centers as may be
5 necessary to carry out the intent of this Act according to
6 the following priorities:
7 (1) Preference for programs which are designed to
8 facilitate the education of health professions students.
9 (2) Preference for programs established in
10 locations which exhibit potential for locating physicians
11 in health manpower shortage areas.
12 (3) Preference for programs which are located away
13 from communities in which medical school and residency
14 programs are located.
15 (4) Preference for programs which are
16 geographically distributed throughout downstate Illinois.
17 (b) To receive and disburse funds in accordance with the
18 purpose stated in Section 2 of this Act.
19 (c) To enter into contracts or agreements with any
20 agency or department of the State of Illinois or the United
21 States to carry out the provisions of this Act.
22 (Source: P.A. 86-1187.)
23 (410 ILCS 65/5.5)
24 Sec. 5.5. Rural/Downstate Health Access Fund. The
25 Rural/Downstate Health Access Fund is created as a special
26 fund in the State treasury. Moneys from gifts, grants, or
27 donations made to the Center for Rural Health shall be
28 deposited into the Fund. Subject to appropriation, moneys in
29 the Fund shall be used in the following manner for rural
30 health programs authorized under this Act: 60.2% shall be
31 distributed to the Department of Public Health, 26.3% shall
32 be distributed equally betweento the Board of Trustees of
33 Southern Illinois University at Carbondale and the Board of
-200- LRB093 08082 NHT 08283 b
1 Trustees of Southern Illinois University at Edwardsville, and
2 13.5% shall be distributed to the Board of Trustees of the
3 University of Illinois. The Center for Rural Health shall
4 administer the Fund.
5 (Source: P.A. 88-312; 88-535; 88-670, eff. 12-2-94.)
6 Section 320. The Illinois Solid Waste Management Act is
7 amended by changing Section 3.1 as follows:
8 (415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
9 Sec. 3.1. Institutions of higher learning.
10 (a) For purposes of this Section "State-supported
11 institutions of higher learning" or "institutions" means the
12 University of Illinois, Southern Illinois University at
13 Carbondale, Southern Illinois University at Edwardsville, the
14 colleges and universities under the jurisdiction of the Board
15 of Governors of State Colleges and Universities, the colleges
16 and universities under the jurisdiction of the Board of
17 Regents of Regency Universities, and the public community
18 colleges subject to the Public Community College Act.
19 (b) Each State-supported institution of higher learning
20 shall develop a comprehensive waste reduction plan covering a
21 period of 10 years which addresses the management of solid
22 waste generated by academic, administrative, student housing
23 and other institutional functions. The waste reduction plan
24 shall be developed by January 1, 1995. The initial plan
25 required under this Section shall be updated by the
26 institution every 5 years, and any proposed amendments to the
27 plan shall be submitted for review in accordance with
28 subsection (f).
29 (c) Each waste reduction plan shall address, at a
30 minimum, the following topics: existing waste generation by
31 volume, waste composition, existing waste reduction and
32 recycling activities, waste collection and disposal costs,
-201- LRB093 08082 NHT 08283 b
1 future waste management methods, and specific goals to reduce
2 the amount of waste generated that is subject to landfill
3 disposal.
4 (d) Each waste reduction plan shall provide for
5 recycling of marketable materials currently present in the
6 institution's waste stream, including but not limited to
7 landscape waste, corrugated cardboard, computer paper, and
8 white office paper, and shall provide for the investigation
9 of potential markets for other recyclable materials present
10 in the institution's waste stream. The recycling provisions
11 of the waste reduction plan shall be designed to achieve, by
12 January 1, 2000, at least a 40% reduction (referenced to a
13 base year of 1987) in the amount of solid waste that is
14 generated by the institution and identified in the waste
15 reduction plan as being subject to landfill disposal.
16 (e) Each waste reduction plan shall evaluate the
17 institution's procurement policies and practices to eliminate
18 procedures which discriminate against items with recycled
19 content, and to identify products or items which are procured
20 by the institution on a frequent or repetitive basis for
21 which products with recycled content may be substituted.
22 Each waste reduction plan shall prescribe that it will be the
23 policy of the institution to purchase products with recycled
24 content whenever such products have met specifications and
25 standards of equivalent products which do not contain
26 recycled content.
27 (f) Each waste reduction plan developed in accordance
28 with this Section shall be submitted to the Department of
29 Commerce and Community Affairs for review and approval. The
30 Department's review shall be conducted in cooperation with
31 the Board of Higher Education and the Illinois Community
32 College Board.
33 (g) The Department of Commerce and Community Affairs
34 shall provide technical assistance, technical materials,
-202- LRB093 08082 NHT 08283 b
1 workshops and other information necessary to assist in the
2 development and implementation of the waste reduction plans.
3 The Department shall develop guidelines and funding criteria
4 for providing grant assistance to institutions for the
5 implementation of approved waste reduction plans.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 Section 325. The Illinois Groundwater Protection Act is
8 amended by changing Section 7 as follows:
9 (415 ILCS 55/7) (from Ch. 111 1/2, par. 7457)
10 Sec. 7. (a) The Department, with the advice of the
11 Committee and the Council, shall develop a coordinated
12 groundwater data collection and automation program. The
13 collected and automated data shall include but need not be
14 limited to groundwater monitoring results, well logs,
15 pollution source permits and water quality assessments. The
16 Department shall act as the repository for such data and
17 shall automate this data in a manner that is accessible and
18 usable by all State agencies.
19 (b) The Department, in consultation with the Agency, the
20 Committee and the Council, shall develop and administer an
21 ongoing program of basic and applied research relating to
22 groundwater. Information generated from this program will be
23 made available to local governments seeking technical
24 assistance from the Department. The research program shall
25 include but need not be limited to:
26 (1) Long-term statewide groundwater quality
27 monitoring. A statewide monitoring well network shall be
28 composed of public water supply wells sampled by the
29 Agency, non-community wells sampled by the Department of
30 Public Health, and a representative sampling of other
31 existing private wells and newly constructed, dedicated
32 monitoring wells. The monitoring program shall be
-203- LRB093 08082 NHT 08283 b
1 operated for the following purposes: to evaluate, over
2 time, the appropriateness and effectiveness of
3 groundwater quality protection measures; to determine
4 regional trends in groundwater quality which may affect
5 public health and welfare; and to help identify the need
6 for corrective action. The Department shall periodically
7 publish the results of groundwater quality monitoring
8 activities.
9 (2) Statewide groundwater assessment. The
10 Department shall conduct assessments to enhance the
11 State's data base concerning groundwater resources. The
12 assessments shall include location of groundwater
13 resources, mapping of aquifers, identification of
14 appropriate recharge areas, and evaluation of baseline
15 groundwater quality. The Department shall complete the
16 statewide mapping of appropriate recharge areas within 18
17 months after the enactment of this Act at a level of
18 detail suitable for guiding the Agency in establishing
19 priority groundwater protection planning regions.
20 (3) Evaluation of pesticide impacts upon
21 groundwater. Such evaluation shall include the general
22 location and extent of any contamination of groundwaters
23 resulting from pesticide use, determination of any
24 practices which may contribute to contamination of
25 groundwaters, and recommendations regarding measures
26 which may help prevent degradation of groundwater quality
27 by pesticides. Priority shall be given to those areas of
28 the State where pesticides are utilized most intensively.
29 The Department shall prepare an initial report by January
30 1, 1990.
31 (4) Other basic and applied research. The
32 Department may conduct research in at least the following
33 areas: groundwater hydrology and hydraulics, movement of
34 contaminants through geologic materials, aquifer
-204- LRB093 08082 NHT 08283 b
1 restoration, and remediation technologies.
2 (c) The Department is authorized to accept and expend,
3 subject to appropriation by the General Assembly, any and all
4 grants, matching funds, appropriations from whatever source,
5 or other items of value from the federal or state governments
6 or from any institution, person, partnership, joint venture,
7 or corporation, public or private, for the purposes of
8 fulfilling its obligations under this Act.
9 (d) Southern Illinois University at Carbondale is
10 authorized to conduct basic and applied research relating to
11 chemical contamination of groundwater. It may assist the
12 Department in conducting research on any of the subjects
13 included in subsection (b) of this Section, and may accept
14 and expend grants and other support from the Department or
15 other sources for that purpose.
16 (Source: P.A. 87-479.)
17 Section 330. The Food and Agriculture Research Act is
18 amended by changing Section 15 as follows:
19 (505 ILCS 82/15)
20 Sec. 15. Allocation of funds. Appropriations for the
21 purposes of this Act shall be made to the Illinois Department
22 of Agriculture, which shall allocate funds appropriated under
23 this Act to the following entities providing each the pro
24 rata share indicated: the Illinois Agricultural Experiment
25 Station, 82%; Southern Illinois University at Carbondale
26 College of Agriculture, 11%; Illinois State University
27 Department of Agriculture, 4%; Western Illinois University
28 Department of Agriculture, 3%. Three years after the
29 effective date of this Act and every 3 years thereafter, the
30 Director of Agriculture shall review these percentages,
31 ascertain their appropriateness, and report to the General
32 Assembly.
-205- LRB093 08082 NHT 08283 b
1 To offset the cost of administering the appropriation,
2 the Department of Agriculture may retain $50,000 or 1/2 of 1%
3 of the total appropriation, whichever is less.
4 To offset the cost of members of C-FAR incurred while
5 performing their duties as official group representatives, up
6 to 1% of the funds appropriated for the purposes of this Act
7 may be allocated by the Department of Agriculture to cover
8 these expenses. Members shall serve without compensation,
9 but shall be reimbursed for ordinary and necessary expenses
10 incurred in the performance of their duties. The
11 reimbursement rates shall not exceed those rates that apply
12 to State employees.
13 (Source: P.A. 89-182, eff. 7-19-95; 90-94, eff. 1-1-98.)
14 Section 335. The Court of Claims Act is amended by
15 changing Sections 8, 22-1, and 22-2 as follows:
16 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
17 Sec. 8. Court of Claims jurisdiction. The court shall
18 have exclusive jurisdiction to hear and determine the
19 following matters:
20 (a) All claims against the State founded upon any law of
21 the State of Illinois or upon any regulation adopted
22 thereunder by an executive or administrative officer or
23 agency; provided, however, the court shall not have
24 jurisdiction (i) to hear or determine claims arising under
25 the Workers' Compensation Act or the Workers' Occupational
26 Diseases Act, or claims for expenses in civil litigation, or
27 (ii) to review administrative decisions for which a statute
28 provides that review shall be in the circuit or appellate
29 court.
30 (b) All claims against the State founded upon any
31 contract entered into with the State of Illinois.
32 (c) All claims against the State for time unjustly
-206- LRB093 08082 NHT 08283 b
1 served in prisons of this State where the persons imprisoned
2 shall receive a pardon from the governor stating that such
3 pardon is issued on the ground of innocence of the crime for
4 which they were imprisoned; provided, the court shall make no
5 award in excess of the following amounts: for imprisonment of
6 5 years or less, not more than $15,000; for imprisonment of
7 14 years or less but over 5 years, not more than $30,000; for
8 imprisonment of over 14 years, not more than $35,000; and
9 provided further, the court shall fix attorney's fees not to
10 exceed 25% of the award granted. On December 31, 1996, the
11 court shall make a one-time adjustment in the maximum awards
12 authorized by this subsection (c), to reflect the increase in
13 the cost of living from the year in which these maximum
14 awards were last adjusted until 1996, but with no annual
15 increment exceeding 5%. Thereafter, the court shall annually
16 adjust the maximum awards authorized by this subsection (c)
17 to reflect the increase, if any, in the Consumer Price Index
18 For All Urban Consumers for the previous calendar year, as
19 determined by the United States Department of Labor, except
20 that no annual increment may exceed 5%. For both the
21 one-time adjustment and the subsequent annual adjustments, if
22 the Consumer Price Index decreases during a calendar year,
23 there shall be no adjustment for that calendar year. The
24 changes made by Public Act 89-689 apply to all claims filed
25 on or after January 1, 1995 that are pending on December 31,
26 1996 and all claims filed on or after December 31, 1996.
27 (d) All claims against the State for damages in cases
28 sounding in tort, if a like cause of action would lie against
29 a private person or corporation in a civil suit, and all like
30 claims sounding in tort against the Medical Center
31 Commission, the Board of Trustees of the University of
32 Illinois, the Board of Trustees of Southern Illinois
33 University at Carbondale, the Board of Trustees of Southern
34 Illinois University at Edwardsville, the Board of Trustees of
-207- LRB093 08082 NHT 08283 b
1 Chicago State University, the Board of Trustees of Eastern
2 Illinois University, the Board of Trustees of Governors State
3 University, the Board of Trustees of Illinois State
4 University, the Board of Trustees of Northeastern Illinois
5 University, the Board of Trustees of Northern Illinois
6 University, the Board of Trustees of Western Illinois
7 University, or the Board of Trustees of the Illinois
8 Mathematics and Science Academy; provided, that an award for
9 damages in a case sounding in tort, other than certain cases
10 involving the operation of a State vehicle described in this
11 paragraph, shall not exceed the sum of $100,000 to or for the
12 benefit of any claimant. The $100,000 limit prescribed by
13 this Section does not apply to an award of damages in any
14 case sounding in tort arising out of the operation by a State
15 employee of a vehicle owned, leased or controlled by the
16 State. The defense that the State or the Medical Center
17 Commission or the Board of Trustees of the University of
18 Illinois, the Board of Trustees of Southern Illinois
19 University at Carbondale, the Board of Trustees of Southern
20 Illinois University at Edwardsville, the Board of Trustees of
21 Chicago State University, the Board of Trustees of Eastern
22 Illinois University, the Board of Trustees of Governors State
23 University, the Board of Trustees of Illinois State
24 University, the Board of Trustees of Northeastern Illinois
25 University, the Board of Trustees of Northern Illinois
26 University, the Board of Trustees of Western Illinois
27 University, or the Board of Trustees of the Illinois
28 Mathematics and Science Academy is not liable for the
29 negligence of its officers, agents, and employees in the
30 course of their employment is not applicable to the hearing
31 and determination of such claims.
32 (e) All claims for recoupment made by the State of
33 Illinois against any claimant.
34 (f) All claims pursuant to the Law Enforcement Officers,
-208- LRB093 08082 NHT 08283 b
1 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
2 Firemen, Chaplains, and State Employees Compensation Act.
3 (g) All claims filed pursuant to the Crime Victims
4 Compensation Act.
5 (h) All claims pursuant to the Illinois National
6 Guardsman's Compensation Act.
7 (i) All claims authorized by subsection (a) of Section
8 10-55 of the Illinois Administrative Procedure Act for the
9 expenses incurred by a party in a contested case on the
10 administrative level.
11 (Source: P.A. 89-4, eff. 1-1-96; 89-689, eff. 12-31-96;
12 90-492, eff. 8-17-97.)
13 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
14 Sec. 22-1. Within 1 year from the date that such an
15 injury was received or such a cause of action accrued, any
16 person who is about to commence any action in the Court of
17 Claims against the State of Illinois, the Medical Center
18 Commission, the Board of Trustees of the University of
19 Illinois, the Board of Trustees of Southern Illinois
20 University at Carbondale, the Board of Trustees of Southern
21 Illinois University at Edwardsville, the Board of Trustees of
22 Chicago State University, the Board of Trustees of Eastern
23 Illinois University, the Board of Trustees of Governors State
24 University, the Board of Trustees of Illinois State
25 University, the Board of Trustees of Northeastern Illinois
26 University, the Board of Trustees of Northern Illinois
27 University, the Board of Trustees of Western Illinois
28 University, or the Board of Trustees of the Illinois
29 Mathematics and Science Academy, for damages on account of
30 any injury to his person shall file in the office of the
31 Attorney General and also in the office of the Clerk of the
32 Court of Claims, either by himself, his agent, or attorney,
33 giving the name of the person to whom the cause of action has
-209- LRB093 08082 NHT 08283 b
1 accrued, the name and residence of the person injured, the
2 date and about the hour of the accident, the place or
3 location where the accident occurred, a brief description of
4 how the accident occurred, and the name and address of the
5 attending physician, if any, except as otherwise provided by
6 the Crime Victims Compensation Act.
7 In actions for death by wrongful act, neglect or default,
8 the executor of the estate, or in the event there is no will,
9 the administrator or other personal representative of the
10 decedent, shall file within 1 year of the date of death or
11 the date that the executor or administrator is qualified,
12 whichever occurs later, in the office of the Attorney General
13 and also in the office of the Clerk of the Court of Claims,
14 giving the name of the person to whom the cause of action has
15 accrued, the name and last residence of the decedent, the
16 date of the accident causing death, the date of the
17 decedent's demise, the place or location where the accident
18 causing the death occurred, the date and about the hour of
19 the accident, a brief description of how the accident
20 occurred, and the names and addresses of the attending
21 physician and treating hospital if any, except as otherwise
22 provided by the Crime Victims Compensation Act.
23 A claimant is not required to file the notice required by
24 this Section if he or she files his or her claim within one
25 year of its accrual.
26 (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
27 (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
28 Sec. 22-2. If the notice provided for by Section 22-1 is
29 not filed as provided in that Section, any such action
30 commenced against the State of Illinois, the Medical Center
31 Commission, the Board of Trustees of the University of
32 Illinois, the Board of Trustees of Southern Illinois
33 University at Carbondale, the Board of Trustees of Southern
-210- LRB093 08082 NHT 08283 b
1 Illinois University at Edwardsville, the Board of Trustees of
2 Chicago State University, the Board of Trustees of Eastern
3 Illinois University, the Board of Trustees of Governors State
4 University, the Board of Trustees of Illinois State
5 University, the Board of Trustees of Northeastern Illinois
6 University, the Board of Trustees of Northern Illinois
7 University, the Board of Trustees of Western Illinois
8 University, or the Board of Trustees of the Illinois
9 Mathematics and Science Academy, shall be dismissed and the
10 person to whom any such cause of action accrued for any
11 personal injury shall be forever barred from further action
12 in the Court of Claims for such personal injury, except as
13 otherwise provided by the Crime Victims Compensation Act.
14 (Source: P.A. 89-4, eff. 1-1-96.)
15 (110 ILCS 520/3 rep.)
16 Section 500. The Southern Illinois University Management
17 Act is amended by repealing Section 3.
18 Section 999. Effective date. This Act takes effect on
19 July 1, 2003.
-211- LRB093 08082 NHT 08283 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 225/2 from Ch. 111 2/3, par. 602
4 5 ILCS 260/14.3 from Ch. 103, par. 14.3
5 5 ILCS 340/4 from Ch. 15, par. 504
6 5 ILCS 340/5 from Ch. 15, par. 505
7 5 ILCS 365/2 from Ch. 127, par. 352
8 5 ILCS 410/10
9 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101
10 15 ILCS 405/13 from Ch. 15, par. 213
11 15 ILCS 405/13.1 from Ch. 15, par. 213.1
12 15 ILCS 405/21 from Ch. 15, par. 221
13 20 ILCS 5/5-525 was 20 ILCS 5/6.01
14 20 ILCS 415/4c from Ch. 127, par. 63b104c
15 20 ILCS 435/4 from Ch. 127, par. 1404
16 20 ILCS 605/605-355 was 20 ILCS 605/46.19a in part
17 20 ILCS 801/15-10
18 20 ILCS 3105/12 from Ch. 127, par. 782
19 20 ILCS 3110/3 from Ch. 127, par. 213.3
20 20 ILCS 3110/4 from Ch. 127, par. 213.4
21 20 ILCS 3110/5 from Ch. 127, par. 213.5
22 20 ILCS 3110/9 from Ch. 127, par. 213.9
23 25 ILCS 130/10-3 from Ch. 63, par. 1010-3
24 30 ILCS 105/6a-1 from Ch. 127, par. 142a1
25 30 ILCS 105/6a-1h new
26 30 ILCS 105/6a-2 from Ch. 127, par. 142a2
27 30 ILCS 105/6a-3 from Ch. 127, par. 142a3
28 30 ILCS 105/10 from Ch. 127, par. 146
29 30 ILCS 105/12-1 from Ch. 127, par. 148-1
30 30 ILCS 105/13.2 from Ch. 127, par. 149.2
31 30 ILCS 230/1 from Ch. 127, par. 170
32 30 ILCS 235/6 from Ch. 85, par. 906
33 30 ILCS 395/1 from Ch. 127, par. 307
34 30 ILCS 500/1-15.100
-212- LRB093 08082 NHT 08283 b
1 30 ILCS 500/50-13
2 30 ILCS 575/2 from Ch. 127, par. 132.602
3 30 ILCS 750/1-3 from Ch. 127, par. 2701-3
4 40 ILCS 5/15-106 from Ch. 108 1/2, par. 15-106
5 40 ILCS 5/24-109 from Ch. 108 1/2, par. 24-109
6 55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
7 65 ILCS 50/2 from Ch. 144, par. 61.52
8 65 ILCS 80/4 from Ch. 24, par. 1554
9 70 ILCS 910/15 from Ch. 23, par. 1265
10 105 ILCS 5/30-13 from Ch. 122, par. 30-13
11 105 ILCS 5/30-15.25 from Ch. 122, par. 30-15.25
12 105 ILCS 5/30-16.4 from Ch. 122, par. 30-16.4
13 105 ILCS 5/30-16.6 from Ch. 122, par. 30-16.6
14 105 ILCS 30/2-3 from Ch. 122, par. 2003
15 105 ILCS 415/1 from Ch. 122, par. 698.1
16 110 ILCS 10/1 from Ch. 144, par. 225
17 110 ILCS 20/1 from Ch. 144, par. 2601
18 110 ILCS 60/1 from Ch. 144, par. 7
19 110 ILCS 62/5-5
20 110 ILCS 63/10
21 110 ILCS 70/36b from Ch. 24 1/2, par. 38b1
22 110 ILCS 70/36c from Ch. 24 1/2, par. 38b2
23 110 ILCS 70/36e from Ch. 24 1/2, par. 38b4
24 110 ILCS 70/36g-1 from Ch. 24 1/2, par. 38b6.1
25 110 ILCS 85/Act title
26 110 ILCS 85/1 from Ch. 144, par. 70.11
27 110 ILCS 85/2 from Ch. 144, par. 70.12
28 110 ILCS 95/1 from Ch. 144, par. 1701
29 110 ILCS 100/2 from Ch. 144, par. 217
30 110 ILCS 110/1 from Ch. 144, par. 2101
31 110 ILCS 205/1 from Ch. 144, par. 181
32 110 ILCS 205/7 from Ch. 144, par. 187
33 110 ILCS 205/8 from Ch. 144, par. 188
34 110 ILCS 205/9.11 from Ch. 144, par. 189.11
-213- LRB093 08082 NHT 08283 b
1 110 ILCS 205/9.29
2 110 ILCS 205/10 from Ch. 144, par. 190
3 110 ILCS 220/2 from Ch. 144, par. 282
4 110 ILCS 225/2 from Ch. 144, par. 2952
5 110 ILCS 305/7f from Ch. 144, par. 28f
6 110 ILCS 305/8a from Ch. 144, par. 29a
7 110 ILCS 510/Act title
8 110 ILCS 510/2 from Ch. 144, par. 602
9 110 ILCS 510/12 from Ch. 144, par. 612
10 110 ILCS 510/15 from Ch. 144, par. 615
11 110 ILCS 520/Act title
12 110 ILCS 520/0.05 new
13 110 ILCS 520/1 from Ch. 144, par. 651
14 110 ILCS 520/1.5 new
15 110 ILCS 520/1.10 new
16 110 ILCS 520/2 from Ch. 144, par. 652
17 110 ILCS 520/3.5 new
18 110 ILCS 520/3.10 new
19 110 ILCS 520/3.15 new
20 110 ILCS 520/4 from Ch. 144, par. 654
21 110 ILCS 520/5 from Ch. 144, par. 655
22 110 ILCS 520/6.6
23 110 ILCS 520/8 from Ch. 144, par. 658
24 110 ILCS 520/8a from Ch. 144, par. 658a
25 110 ILCS 520/8b from Ch. 144, par. 658b
26 110 ILCS 520/8c from Ch. 144, par. 658c
27 110 ILCS 520/8d from Ch. 144, par. 658d
28 110 ILCS 520/8e from Ch. 144, par. 658e
29 110 ILCS 520/8f from Ch. 144, par. 658f
30 110 ILCS 525/Act title
31 110 ILCS 525/2 from Ch. 144, par. 672
32 110 ILCS 530/1 from Ch. 144, par. 691
33 110 ILCS 530/2 from Ch. 144, par. 692
34 110 ILCS 660/5-90
-214- LRB093 08082 NHT 08283 b
1 110 ILCS 665/10-90
2 110 ILCS 670/15-90
3 110 ILCS 675/20-90
4 110 ILCS 680/25-90
5 110 ILCS 685/30-90
6 110 ILCS 690/35-90
7 110 ILCS 920/3 from Ch. 144, par. 2403
8 110 ILCS 947/45
9 110 ILCS 947/65
10 110 ILCS 947/65.20
11 110 ILCS 947/65.25
12 110 ILCS 947/65.30
13 110 ILCS 947/65.40
14 110 ILCS 979/10
15 110 ILCS 990/1 from Ch. 144, par. 1801
16 220 ILCS 5/16-111.1
17 220 ILCS 5/16-111.2
18 225 ILCS 460/3 from Ch. 23, par. 5103
19 235 ILCS 5/12-1
20 410 ILCS 65/3 from Ch. 111 1/2, par. 8053
21 410 ILCS 65/3.1 from Ch. 111 1/2, par. 8053.1
22 410 ILCS 65/5.5
23 415 ILCS 20/3.1 from Ch. 111 1/2, par. 7053.1
24 415 ILCS 55/7 from Ch. 111 1/2, par. 7457
25 505 ILCS 82/15
26 705 ILCS 505/8 from Ch. 37, par. 439.8
27 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1
28 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2
29 110 ILCS 520/3 rep.
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