Full Text of SB0416 96th General Assembly
SB0416sam001 96TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/16/2010
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| AMENDMENT TO SENATE BILL 416
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| AMENDMENT NO. ______. Amend Senate Bill 416 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The General Obligation Bond Act is amended by | 5 |
| changing Section 2 and by adding Section 7.3 as follows: | 6 |
| (30 ILCS 330/2) (from Ch. 127, par. 652) | 7 |
| Sec. 2. Authorization for Bonds. The State of Illinois is | 8 |
| authorized to
issue, sell and provide for the retirement of | 9 |
| General Obligation Bonds of
the State of Illinois for the | 10 |
| categories and specific purposes expressed in
Sections 2 | 11 |
| through 8 of this Act, in the total amount of $37,217,777,443 | 12 |
| $33,501,777,443 $34,159,149,369 . | 13 |
| The bonds authorized in this Section 2 and in Section 16 of | 14 |
| this Act are
herein called "Bonds". | 15 |
| Of the total amount of Bonds authorized in this Act, up to | 16 |
| $2,200,000,000
in aggregate original principal amount may be |
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| issued and sold in accordance
with the Baccalaureate Savings | 2 |
| Act in the form of General Obligation
College Savings Bonds. | 3 |
| Of the total amount of Bonds authorized in this Act, up to | 4 |
| $300,000,000 in
aggregate original principal amount may be | 5 |
| issued and sold in accordance
with the Retirement Savings Act | 6 |
| in the form of General Obligation
Retirement Savings Bonds. | 7 |
| Of the total amount of Bonds authorized in this Act, the | 8 |
| additional
$10,000,000,000 authorized by Public Act 93-2 and | 9 |
| the $3,466,000,000 authorized by Public Act 96-43 this | 10 |
| amendatory Act of the 96th General Assembly shall be used | 11 |
| solely as provided in Section 7.2. | 12 |
| The issuance and sale of Bonds pursuant to the General | 13 |
| Obligation Bond
Act is an economical and efficient method of | 14 |
| financing the long-term capital needs of
the State. This Act | 15 |
| will permit the issuance of a multi-purpose General
Obligation | 16 |
| Bond with uniform terms and features. This will not only lower
| 17 |
| the cost of registration but also reduce the overall cost of | 18 |
| issuing debt
by improving the marketability of Illinois General | 19 |
| Obligation Bonds. | 20 |
| (Source: P.A. 95-1026, eff. 1-12-09; 96-5, eff. 4-3-09; 96-36, | 21 |
| eff. 7-13-09; 96-43, eff. 7-15-09; revised 8-20-09.) | 22 |
| (30 ILCS 330/7.3 new) | 23 |
| Sec. 7.3. Medicaid enhancement funding. The amount of | 24 |
| $250,000,000 is authorized to be issued only during fiscal year | 25 |
| 2010 for the making of deposits into the Healthcare Provider |
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| Relief Fund for the exclusive purpose of funding Medicaid | 2 |
| services subject to the enhanced federal participation due to | 3 |
| expire on December 31, 2010. Notwithstanding this Act or any | 4 |
| other law to the contrary, bonds issued under this Section must | 5 |
| be payable within one year after their date of issuance. | 6 |
| Section 10. The Southern Illinois University Management | 7 |
| Act is amended by changing Section 8 as follows: | 8 |
| (110 ILCS 520/8) (from Ch. 144, par. 658) | 9 |
| Sec. 8. Powers and Duties of the Board. The Board shall | 10 |
| have power and
it shall be its duty: | 11 |
| 1. To make rules, regulations and by-laws, not | 12 |
| inconsistent with
law, for the government and management of | 13 |
| Southern Illinois University
and its branches; | 14 |
| 2. To employ, and, for good cause, to remove a | 15 |
| president of Southern
Illinois University, and all | 16 |
| necessary deans, professors, associate
professors, | 17 |
| assistant professors, instructors, and other educational | 18 |
| and
administrative assistants, and all other necessary | 19 |
| employees, and
contract with them upon matters relating to | 20 |
| tenure, salaries and
retirement benefits in accordance | 21 |
| with the State Universities Civil Service
Act; the Board | 22 |
| shall, upon the written request of an employee of Southern
| 23 |
| Illinois University, withhold from the compensation of | 24 |
| that employee any
dues, payments or contributions payable |
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| by such employee to any labor
organization as defined in | 2 |
| the Illinois Educational Labor Relations Act.
Under such | 3 |
| arrangement, an amount shall be withheld from each regular
| 4 |
| payroll period which is equal to the pro rata share of the | 5 |
| annual dues plus
any payments or contributions, and the | 6 |
| Board shall transmit such withholdings
to the specified | 7 |
| labor organization within 10 working days from the time
of | 8 |
| the withholding. Whenever the Board establishes a search | 9 |
| committee to
fill the position of president of Southern | 10 |
| Illinois University, there shall
be minority | 11 |
| representation, including women, on that search committee; | 12 |
| 3. To prescribe the course of study to be followed, and | 13 |
| textbooks
and apparatus to be used at Southern Illinois | 14 |
| University; | 15 |
| 4. To issue upon the recommendation of the faculty, | 16 |
| diplomas to such
persons as have satisfactorily completed | 17 |
| the required studies of
Southern Illinois University, and | 18 |
| confer such professional and literary
degrees as are | 19 |
| usually conferred by other institutions of like character
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| for similar or equivalent courses of study, or such as the | 21 |
| Board may
deem appropriate; | 22 |
| 5. To examine into the conditions, management, and | 23 |
| administration of
Southern Illinois University, to provide | 24 |
| the requisite buildings,
apparatus, equipment and | 25 |
| auxiliary enterprises, and to fix and collect
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| matriculation fees; tuition fees; fees for student |
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| activities; fees for
student facilities such as student | 2 |
| union buildings or field houses or
stadium or other | 3 |
| recreational facilities; student welfare fees;
laboratory | 4 |
| fees and similar fees for supplies and material; | 5 |
| 6. To succeed to and to administer all trusts, trust | 6 |
| property, and
gifts now or hereafter belonging or | 7 |
| pertaining to Southern Illinois
University; | 8 |
| 7. To accept endowments of professorships or | 9 |
| departments in the
University from any person who may | 10 |
| proffer them and, at regular
meetings, to prescribe rules | 11 |
| and regulations in relation to endowments
and declare on | 12 |
| what general principles they may be accepted; | 13 |
| 8. To enter into contracts with the Federal government | 14 |
| for providing
courses of instruction and other services at | 15 |
| Southern Illinois
University for persons serving in or with | 16 |
| the military or naval forces
of the United States, and to | 17 |
| provide such courses of instruction and
other services; | 18 |
| 9. To provide for the receipt and expenditures of | 19 |
| Federal funds,
paid to the Southern Illinois University by | 20 |
| the Federal government for
instruction and other services | 21 |
| for persons serving in or with the
military or naval forces | 22 |
| of the United States and to provide for audits
of such | 23 |
| funds; | 24 |
| 10. To appoint, subject to the applicable civil service | 25 |
| law, persons
to be members of the Southern Illinois | 26 |
| University Police Department.
Members of the Police |
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| Department shall be conservators of the peace and
as such | 2 |
| have all powers possessed by policemen in cities, and | 3 |
| sheriffs,
including the power to make arrests on view or | 4 |
| warrants of violations of
state statutes, university rules | 5 |
| and regulations and city or county
ordinances, except that | 6 |
| they may exercise such powers only within
counties wherein | 7 |
| the university and any of its branches or properties
are | 8 |
| located when such is required for the protection of | 9 |
| university
properties and interests, and its students and | 10 |
| personnel, and otherwise,
within such counties, when | 11 |
| requested by appropriate State
or local law enforcement | 12 |
| officials. However, such officers shall have no
power to | 13 |
| serve and execute civil processes. | 14 |
| The Board must authorize to each member of the Southern | 15 |
| Illinois University
Police
Department
and to any other | 16 |
| employee of Southern Illinois University exercising the | 17 |
| powers
of a peace officer
a distinct badge
that, on its | 18 |
| face, (i) clearly states that the badge is authorized by | 19 |
| Southern
Illinois
University and
(ii) contains a unique | 20 |
| identifying number. No other badge shall be authorized
by | 21 |
| Southern Illinois University. | 22 |
| 10.5.
To conduct health care programs in furtherance of | 23 |
| its teaching, research, and public service functions, | 24 |
| which shall include without limitation patient and | 25 |
| ancillary facilities, institutes, clinics, or offices | 26 |
| owned, leased, or purchased through an equity interest by |
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| the Board or its appointed designee to carry out such | 2 |
| activities in the course of or in support of the Board's | 3 |
| academic, clinical, and public service responsibilities.
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| 11. To administer a plan or plans established by the | 5 |
| clinical faculty
of the School of Medicine for the billing, | 6 |
| collection and disbursement of
charges for services | 7 |
| performed
in the course of or in support of the faculty's | 8 |
| academic responsibilities,
provided that such plan has | 9 |
| been first approved by Board action. All such
collections | 10 |
| shall be deposited into a special fund or funds | 11 |
| administered
by the Board from which disbursements may be | 12 |
| made according to the provisions
of said plan. The | 13 |
| reasonable costs incurred, by the University, | 14 |
| administering
the billing, collection and disbursement | 15 |
| provisions of a plan shall have
first priority for payment | 16 |
| before distribution or disbursement for any other
purpose. | 17 |
| Audited financial statements of the plan or plans must be | 18 |
| provided to the Legislative Audit
Commission annually. | 19 |
| The Board of Trustees may own, operate, or govern, by | 20 |
| or through the School
of Medicine, a managed care community | 21 |
| network established under subsection
(b)
of Section 5-11 of | 22 |
| the Illinois Public Aid Code. | 23 |
| 12. The Board of Trustees may, directly or in | 24 |
| cooperation with other
institutions of higher education, | 25 |
| acquire by purchase or lease or
otherwise, and construct, | 26 |
| enlarge, improve, equip, complete, operate,
control and |
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| manage medical research and high technology parks, | 2 |
| together
with the necessary lands, buildings, facilities, | 3 |
| equipment, and personal
property therefor, to encourage | 4 |
| and facilitate (a) the location and
development of business | 5 |
| and industry in the State of Illinois, and (b) the
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| increased application and development of technology and | 7 |
| (c) the improvement
and development of the State's economy. | 8 |
| The Board of Trustees may lease to
nonprofit corporations | 9 |
| all or any part of the land, buildings, facilities,
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| equipment or other property included in a medical research | 11 |
| and high
technology park upon such terms and conditions as | 12 |
| the Board of Trustees may
deem advisable and enter into any | 13 |
| contract or agreement with such nonprofit
corporations as | 14 |
| may be necessary or suitable for the construction,
| 15 |
| financing, operation and maintenance and management of any | 16 |
| such park; and
may lease to any person, firm, partnership | 17 |
| or corporation, either public or
private, any part or all | 18 |
| of the land, building, facilities, equipment or
other | 19 |
| property of such park for such purposes and upon such
| 20 |
| rentals, terms and conditions as the Board of Trustees may | 21 |
| deem advisable; and
may finance all or part of the cost of | 22 |
| any such park, including the purchase,
lease, | 23 |
| construction, reconstruction, improvement, remodeling, | 24 |
| addition to,
and extension and maintenance of all or part | 25 |
| of such high technology park,
and all equipment and | 26 |
| furnishings, by legislative appropriations, government
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| grants, contracts, private gifts, loans, receipts from the | 2 |
| operation of
such high technology park, rentals and similar | 3 |
| receipts; and may make its
other facilities and services | 4 |
| available to tenants or other occupants of
any such park at | 5 |
| rates which are reasonable and appropriate. | 6 |
| 13. To borrow money, as necessary, from time to time in | 7 |
| anticipation of receiving tuition, payments from the State | 8 |
| of Illinois, or other revenues or receipts of the | 9 |
| University, also known as anticipated moneys; provided | 10 |
| that the money shall be repaid within 18 months after the | 11 |
| time the money is borrowed and the amount borrowed shall | 12 |
| not exceed 75% of the total amount of payroll and other | 13 |
| expense vouchers submitted, but unpaid at the | 14 |
| Comptroller's Office, 30 days prior to the anticipated | 15 |
| borrowing. The borrowed moneys shall be applied only for | 16 |
| the purposes of paying salaries and other expenses lawfully | 17 |
| authorized in the university's State appropriation. No | 18 |
| borrowing under this provision shall be allowed after | 19 |
| August 31, 2010. The borrowed moneys shall be applied to | 20 |
| the purposes for which the anticipated moneys are lawfully | 21 |
| available. The Chairman or Treasurer of the Board shall | 22 |
| execute a promissory note or similar debt instrument to | 23 |
| evidence the indebtedness incurred by the borrowing. In | 24 |
| connection with a borrowing, the Board may establish a line | 25 |
| of credit with a financial institution. | 26 |
| The obligation to make the payments due under the |
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| promissory note or other debt instrument shall be a lawful | 2 |
| obligation of the University payable from the anticipated | 3 |
| moneys as set forth in the resolution authorizing the same. | 4 |
| Any borrowing under this item 13 shall not constitute a | 5 |
| debt, legal or moral, of the State and shall not be | 6 |
| enforceable against the State. The promissory note or other | 7 |
| debt instrument shall be authorized by a resolution passed | 8 |
| by the Board and shall be valid whether or not a budgeted | 9 |
| item with respect to that resolution is included in any | 10 |
| annual or supplemental budget adopted by the Board. The | 11 |
| resolution shall set forth facts demonstrating the need for | 12 |
| the borrowing, state an amount that the amount to be | 13 |
| borrowed will not exceed, establish a maximum interest rate | 14 |
| limit not to exceed the maximum rate authorized by the Bond | 15 |
| Authorization Act, and provide a date by which the borrowed | 16 |
| funds shall be repaid. The resolution may direct the | 17 |
| Treasurer of the Board to make arrangements to set apart | 18 |
| and hold the portion of the anticipated moneys, as | 19 |
| received, that shall be used to repay the borrowing, | 20 |
| subject to any prior pledges or restrictions with respect | 21 |
| to the anticipated moneys. The resolution may also | 22 |
| authorize the Treasurer of the Board to make partial | 23 |
| repayments of the borrowing as the anticipated moneys | 24 |
| become available and may contain any other terms, | 25 |
| restrictions, or limitations not inconsistent with the | 26 |
| powers of the Board. |
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| For the purposes of this item 13, "financial | 2 |
| institution" means any bank subject to the Illinois Banking | 3 |
| Act, any savings and loan association subject to the | 4 |
| Illinois Savings and Loan Act of 1985, and any federally | 5 |
| chartered commercial bank or savings and loan association | 6 |
| organized and operated in this State pursuant to the laws | 7 |
| of the United States. | 8 |
| The powers of the Board as herein designated are subject to | 9 |
| the Board
of Higher Education Act. | 10 |
| (Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.) | 11 |
| Section 15. The Chicago State University Law is amended by | 12 |
| changing Section 5-45 as follows:
| 13 |
| (110 ILCS 660/5-45)
| 14 |
| Sec. 5-45. Powers and duties. The Board also shall have | 15 |
| power and
it shall be its duty:
| 16 |
| (1) To make rules, regulations and bylaws, not inconsistent | 17 |
| with
law, for the government and management of Chicago State | 18 |
| University
and its branches;
| 19 |
| (2) To employ, and, for good cause, to remove a President | 20 |
| of Chicago State
University, and all necessary deans, | 21 |
| professors, associate
professors, assistant professors, | 22 |
| instructors, other educational and
administrative assistants, | 23 |
| and all other necessary employees, and to prescribe
their | 24 |
| duties and contract with them upon matters relating to tenure, |
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| salaries
and
retirement benefits in accordance with
the State | 2 |
| Universities Civil Service Act. Whenever the Board establishes | 3 |
| a
search committee to fill the position of President of Chicago | 4 |
| State University,
there shall be minority representation, | 5 |
| including women, on that search
committee. The
Board shall, | 6 |
| upon the written request
of an employee of Chicago State | 7 |
| University, withhold from the compensation
of that employee any | 8 |
| dues, payments or contributions payable by such employee
to any | 9 |
| labor organization as defined in the Illinois Educational Labor
| 10 |
| Relations
Act. Under such arrangement, an amount shall be | 11 |
| withheld from each regular
payroll period which is equal to the | 12 |
| pro rata share of the annual dues plus
any payments or | 13 |
| contributions, and the Board shall transmit such withholdings
| 14 |
| to the specified labor organization within 10 working days from | 15 |
| the time
of the withholding;
| 16 |
| (3) To prescribe the courses of study to be followed, and | 17 |
| textbooks
and apparatus to be used at Chicago State University;
| 18 |
| (4) To issue upon the recommendation of the faculty, | 19 |
| diplomas to such
persons as have satisfactorily completed the | 20 |
| required studies of
Chicago State University, and confer such | 21 |
| professional and literary
degrees as are usually conferred by | 22 |
| other institutions of like character
for similar or equivalent | 23 |
| courses of study, or such as the Board may
deem appropriate;
| 24 |
| (5) To examine into the conditions, management, and | 25 |
| administration of
Chicago State University, to provide the | 26 |
| requisite buildings,
apparatus, equipment and auxiliary |
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| enterprises, and to fix and collect
matriculation fees; tuition | 2 |
| fees; fees for student activities; fees for
student facilities | 3 |
| such as student union buildings or field houses or
stadia or | 4 |
| other recreational facilities; student welfare fees;
| 5 |
| laboratory fees; and similar fees for supplies and materials.
| 6 |
| The expense of the building, improving, repairing and supplying | 7 |
| fuel and
furniture and the necessary appliances and apparatus | 8 |
| for conducting Chicago
State
University, the reimbursed | 9 |
| expenses of members of the Board, and the
salaries or | 10 |
| compensation of the President, assistants, agents and other
| 11 |
| employees of Chicago State University, shall be a charge upon | 12 |
| the State
Treasury. All
other expenses shall be chargeable | 13 |
| against students, and the Board shall
regulate the charges | 14 |
| accordingly;
| 15 |
| (6) To succeed to and to administer all trusts, trust | 16 |
| property, and
gifts now or hereafter belonging or pertaining to | 17 |
| Chicago State
University;
| 18 |
| (7) To accept endowments of professorships or departments | 19 |
| in Chicago State
University from any person who may proffer | 20 |
| them and, at regular
meetings, to prescribe rules and | 21 |
| regulations in relation to endowments
and declare on what | 22 |
| general principles they may be accepted;
| 23 |
| (8) To enter into contracts with the Federal government for | 24 |
| providing
courses of instruction and other services at Chicago | 25 |
| State
University for persons serving in or with the military or | 26 |
| naval forces
of the United States, and to provide such courses |
|
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| of instruction and
other services;
| 2 |
| (9) To contract with respect to the Cooperative Computer | 3 |
| Center to obtain
services related to electronic data | 4 |
| processing;
| 5 |
| (10) To provide for the receipt and expenditures of Federal | 6 |
| funds
paid to Chicago State University by the Federal | 7 |
| government for
instruction and other services for persons | 8 |
| serving in or with the
military or naval forces of the United | 9 |
| States, and to provide for audits
of such funds;
| 10 |
| (11) To appoint, subject to the applicable civil service | 11 |
| law, persons
to be members of the Chicago State University | 12 |
| Police Department.
Members of the Police Department shall be | 13 |
| conservators of the peace and
as such have all powers possessed | 14 |
| by policemen in cities, and sheriffs,
including the power to | 15 |
| make arrests on view or warrants of violations of
State | 16 |
| statutes, University rules and regulations and city or county
| 17 |
| ordinances, except that they may exercise such powers only | 18 |
| within
counties wherein Chicago State University and any of its | 19 |
| branches or properties
are located when such is required for | 20 |
| the protection of University
properties and interests, and its | 21 |
| students and personnel, and otherwise,
within such counties, | 22 |
| when requested by appropriate State
or local law enforcement | 23 |
| officials. However, such officers shall have no
power to serve | 24 |
| and execute civil processes.
| 25 |
| The Board must authorize to each member of the Chicago | 26 |
| State University
Police
Department
and to any other employee of |
|
|
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| Chicago State University exercising the powers
of a peace | 2 |
| officer
a distinct badge
that, on its face, (i) clearly states | 3 |
| that the badge is authorized by Chicago
State
University and
| 4 |
| (ii) contains a unique identifying number on its face.
No other | 5 |
| badge shall be authorized by
Chicago State University;
| 6 |
| (12) The Board may, directly or in cooperation with other | 7 |
| institutions
of higher education, acquire by purchase or lease | 8 |
| or otherwise, and construct,
enlarge, improve, equip, | 9 |
| complete, operate, control and manage research
and high | 10 |
| technology parks, together with the necessary lands, | 11 |
| buildings,
facilities, equipment, and personal property | 12 |
| therefor,
to encourage and facilitate (i) the location and | 13 |
| development of business
and industry in the State of Illinois, | 14 |
| and (ii) the increased application
and development of | 15 |
| technology, and (iii) the improvement and development of
the | 16 |
| State's economy. The Board may lease to nonprofit corporations
| 17 |
| all or any part
of the land, buildings, facilities, equipment | 18 |
| or other property included
in a research and high technology | 19 |
| park upon such terms and conditions
as the Board may deem | 20 |
| advisable and enter into any contract or
agreement with such | 21 |
| nonprofit corporations as may be necessary or suitable
for the | 22 |
| construction, financing, operation and maintenance and | 23 |
| management
of any such park; and may lease to any person, firm, | 24 |
| partnership or
corporation,
either public or private, any part | 25 |
| or all of the land, building, facilities,
equipment or other | 26 |
| property of such park for such purposes and upon such
rentals, |
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| terms and conditions as the Board may deem advisable; and
may | 2 |
| finance all or part of the cost of any such park, including the | 3 |
| purchase,
lease, construction, reconstruction, improvement, | 4 |
| remodeling, addition to,
and extension and maintenance of all | 5 |
| or part of such high technology park,
and all equipment and | 6 |
| furnishings, by legislative appropriations, government
grants, | 7 |
| contracts, private gifts, loans, receipts from the operation of
| 8 |
| such high technology park, rentals and similar receipts; and | 9 |
| may make its
other facilities and services available to tenants | 10 |
| or other occupants of
any such park at rates which are | 11 |
| reasonable and appropriate.
| 12 |
| (13) To borrow money, as necessary, from time to time in | 13 |
| anticipation of receiving tuition, payments from the State of | 14 |
| Illinois, or other revenues or receipts of the University, also | 15 |
| known as anticipated moneys; provided that the money shall be | 16 |
| repaid within 18 months after the time the money is borrowed | 17 |
| and the amount borrowed shall not exceed 75% of the total | 18 |
| amount of payroll and other expense vouchers submitted, but | 19 |
| unpaid at the Comptroller's Office, 30 days prior to the | 20 |
| anticipated borrowing. The borrowed moneys shall be applied | 21 |
| only for the purposes of paying salaries and other expenses | 22 |
| lawfully authorized in the university's State appropriation. | 23 |
| No borrowing under this provision shall be allowed after August | 24 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 25 |
| for which the anticipated moneys are lawfully available. The | 26 |
| Chairman or Treasurer of the Board shall execute a promissory |
|
|
|
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| note or similar debt instrument to evidence the indebtedness | 2 |
| incurred by the borrowing. In connection with a borrowing, the | 3 |
| Board may establish a line of credit with a financial | 4 |
| institution. | 5 |
| The obligation to make the payments due under the | 6 |
| promissory note or other debt instrument shall be a lawful | 7 |
| obligation of the University payable from the anticipated | 8 |
| moneys as set forth in the resolution authorizing the same. Any | 9 |
| borrowing under this item (13) shall not constitute a debt, | 10 |
| legal or moral, of the State and shall not be enforceable | 11 |
| against the State. The promissory note or other debt instrument | 12 |
| shall be authorized by a resolution passed by the Board and | 13 |
| shall be valid whether or not a budgeted item with respect to | 14 |
| that resolution is included in any annual or supplemental | 15 |
| budget adopted by the Board. The resolution shall set forth | 16 |
| facts demonstrating the need for the borrowing, state an amount | 17 |
| that the amount to be borrowed will not exceed, establish a | 18 |
| maximum interest rate limit not to exceed the maximum rate | 19 |
| authorized by the Bond Authorization Act, and provide a date by | 20 |
| which the borrowed funds shall be repaid. The resolution may | 21 |
| direct the Treasurer of the Board to make arrangements to set | 22 |
| apart and hold the portion of the anticipated moneys, as | 23 |
| received, that shall be used to repay the borrowing, subject to | 24 |
| any prior pledges or restrictions with respect to the | 25 |
| anticipated moneys. The resolution may also authorize the | 26 |
| Treasurer of the Board to make partial repayments of the |
|
|
|
09600SB0416sam001 |
- 18 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| borrowing as the anticipated moneys become available and may | 2 |
| contain any other terms, restrictions, or limitations not | 3 |
| inconsistent with the powers of the Board. | 4 |
| For the purposes of this item (13), "financial institution" | 5 |
| means any bank subject to the Illinois Banking Act, any savings | 6 |
| and loan association subject to the Illinois Savings and Loan | 7 |
| Act of 1985, and any federally chartered commercial bank or | 8 |
| savings and loan association organized and operated in this | 9 |
| State pursuant to the laws of the United States. | 10 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 11 |
| Section 20. The Eastern Illinois University Law is amended | 12 |
| by changing Section 10-45 as follows:
| 13 |
| (110 ILCS 665/10-45)
| 14 |
| Sec. 10-45. Powers and duties.
| 15 |
| (a) The Board also shall have power and
it shall be its | 16 |
| duty:
| 17 |
| (1) To make rules, regulations and bylaws, not | 18 |
| inconsistent with
law, for the government and management of | 19 |
| Eastern Illinois University
and its branches.
| 20 |
| (2) To employ, and, for good cause, to remove a | 21 |
| President of Eastern
Illinois University, and all | 22 |
| necessary deans, professors, associate
professors, | 23 |
| assistant professors, instructors, other educational and
| 24 |
| administrative assistants, and all other necessary |
|
|
|
09600SB0416sam001 |
- 19 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| employees, and to prescribe
their duties and contract with | 2 |
| them upon matters relating to tenure, salaries
and | 3 |
| retirement benefits in accordance with
the State | 4 |
| Universities Civil Service Act. Whenever the Board | 5 |
| establishes a
search committee to fill the position of | 6 |
| President of Eastern Illinois
University, there shall be | 7 |
| minority representation, including women, on that
search | 8 |
| committee. The Board shall, upon the written request
of an | 9 |
| employee of Eastern Illinois University, withhold from the | 10 |
| compensation
of that employee any dues, payments or | 11 |
| contributions payable by such employee
to any labor | 12 |
| organization as defined in the Illinois Educational Labor
| 13 |
| Relations
Act. Under such arrangement, an amount shall be | 14 |
| withheld from each regular
payroll period which is equal to | 15 |
| the pro rata share of the annual dues plus
any payments or | 16 |
| contributions, and the Board shall transmit such | 17 |
| withholdings
to the specified labor organization within 10 | 18 |
| working days from the time
of the withholding.
| 19 |
| (3) To prescribe the courses of study to be followed, | 20 |
| and textbooks
and apparatus to be used at Eastern Illinois | 21 |
| 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
Eastern Illinois University, and | 25 |
| confer such professional and literary
degrees as are | 26 |
| usually conferred by other institutions of like character
|
|
|
|
09600SB0416sam001 |
- 20 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| for similar or equivalent courses of study, or such as the | 2 |
| Board may
deem appropriate.
| 3 |
| (5) To examine into the conditions, management, and | 4 |
| administration of
Eastern Illinois University, to provide | 5 |
| the requisite buildings,
apparatus, equipment and | 6 |
| auxiliary enterprises, and to fix and collect
| 7 |
| matriculation fees; tuition fees; fees for student | 8 |
| activities; fees for
student facilities such as student | 9 |
| union buildings or field houses or
stadia or other | 10 |
| recreational facilities; student welfare fees;
laboratory | 11 |
| fees; and similar fees for supplies and materials.
The | 12 |
| expense of the building, improving, repairing and | 13 |
| supplying fuel and
furniture and the necessary appliances | 14 |
| and apparatus for conducting Eastern
Illinois
University, | 15 |
| the reimbursed expenses of members of the Board, and the
| 16 |
| salaries or compensation of the President, assistants, | 17 |
| agents and other
employees of Eastern Illinois University, | 18 |
| shall be a charge upon the State
Treasury. All
other | 19 |
| expenses shall be chargeable against students, and the | 20 |
| Board shall
regulate the charges accordingly.
| 21 |
| (6) To succeed to and to administer all trusts, trust | 22 |
| property, and
gifts now or hereafter belonging or | 23 |
| pertaining to Eastern Illinois
University.
| 24 |
| (7) To accept endowments of professorships or | 25 |
| departments in Eastern
Illinois University from any person | 26 |
| who may proffer them and, at regular
meetings, to prescribe |
|
|
|
09600SB0416sam001 |
- 21 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| rules and regulations in relation to endowments
and declare | 2 |
| on what general principles they may be accepted.
| 3 |
| (8) To enter into contracts with the Federal government | 4 |
| for providing
courses of instruction and other services at | 5 |
| Eastern Illinois
University for persons serving in or with | 6 |
| the military or naval forces
of the United States, and to | 7 |
| provide such courses of instruction and
other services.
| 8 |
| (9) To contract with respect to the Cooperative | 9 |
| Computer Center to obtain
services related to electronic | 10 |
| data processing.
| 11 |
| (10) To provide for the receipt and expenditures of | 12 |
| Federal funds
paid to Eastern Illinois University by the | 13 |
| Federal government for
instruction and other services for | 14 |
| persons serving in or with the
military or naval forces of | 15 |
| the United States, and to provide for audits
of such funds.
| 16 |
| (11) To appoint, subject to the applicable civil | 17 |
| service law, persons
to be members of the Eastern Illinois | 18 |
| University Police Department.
Members of the Police | 19 |
| Department shall be conservators of the peace and
as such | 20 |
| have all powers possessed by policemen in cities, and | 21 |
| sheriffs,
including the power to make arrests on view or | 22 |
| warrants of violations of
State statutes, University rules | 23 |
| and regulations and city or county
ordinances, except that | 24 |
| they may exercise such powers only within
counties wherein | 25 |
| Eastern Illinois University and any of its branches or
| 26 |
| properties are located when such is required for the |
|
|
|
09600SB0416sam001 |
- 22 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| protection of University
properties and interests, and its | 2 |
| students and personnel, and otherwise,
within such | 3 |
| counties, when requested by appropriate State
or local law | 4 |
| enforcement officials. However, such officers shall have | 5 |
| no
power to serve and execute civil processes.
| 6 |
| The Board must authorize to each member of the Eastern | 7 |
| Illinois University
Police
Department
and to any other | 8 |
| employee of Eastern Illinois University exercising the | 9 |
| powers
of a peace officer
a distinct badge
that, on its | 10 |
| face, (i) clearly states that the badge is authorized by | 11 |
| Eastern
Illinois
University and
(ii) contains a unique | 12 |
| identifying number.
No other badge shall be authorized by
| 13 |
| Eastern Illinois University.
| 14 |
| (12) To borrow money, as necessary, from time to time | 15 |
| in anticipation of receiving tuition, payments from the | 16 |
| State of Illinois, or other revenues or receipts of the | 17 |
| University, also known as anticipated moneys; provided | 18 |
| that the money shall be repaid within 18 months after the | 19 |
| time the money is borrowed and the amount borrowed shall | 20 |
| not exceed 75% of the total amount of payroll and other | 21 |
| expense vouchers submitted, but unpaid at the | 22 |
| Comptroller's Office, 30 days prior to the anticipated | 23 |
| borrowing. The borrowed moneys shall be applied only for | 24 |
| the purposes of paying salaries and other expenses lawfully | 25 |
| authorized in the university's State appropriation. No | 26 |
| borrowing under this provision shall be allowed after |
|
|
|
09600SB0416sam001 |
- 23 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| August 31, 2010. The borrowed moneys shall be applied to | 2 |
| the purposes for which the anticipated moneys are lawfully | 3 |
| available. The Chairman or Treasurer of the Board shall | 4 |
| execute a promissory note or similar debt instrument to | 5 |
| evidence the indebtedness incurred by the borrowing. In | 6 |
| connection with a borrowing, the Board may establish a line | 7 |
| of credit with a financial institution. | 8 |
| The obligation to make the payments due under the | 9 |
| promissory note or other debt instrument shall be a lawful | 10 |
| obligation of the University payable from the anticipated | 11 |
| moneys as set forth in the resolution authorizing the same. | 12 |
| Any borrowing under this item (12) shall not constitute a | 13 |
| debt, legal or moral, of the State and shall not be | 14 |
| enforceable against the State. The promissory note or other | 15 |
| debt instrument shall be authorized by a resolution passed | 16 |
| by the Board and shall be valid whether or not a budgeted | 17 |
| item with respect to that resolution is included in any | 18 |
| annual or supplemental budget adopted by the Board. The | 19 |
| resolution shall set forth facts demonstrating the need for | 20 |
| the borrowing, state an amount that the amount to be | 21 |
| borrowed will not exceed, establish a maximum interest rate | 22 |
| limit not to exceed the maximum rate authorized by the Bond | 23 |
| Authorization Act, and provide a date by which the borrowed | 24 |
| funds shall be repaid. The resolution may direct the | 25 |
| Treasurer of the Board to make arrangements to set apart | 26 |
| and hold the portion of the anticipated moneys, as |
|
|
|
09600SB0416sam001 |
- 24 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| received, that shall be used to repay the borrowing, | 2 |
| subject to any prior pledges or restrictions with respect | 3 |
| to the anticipated moneys. The resolution may also | 4 |
| authorize the Treasurer of the Board to make partial | 5 |
| repayments of the borrowing as the anticipated moneys | 6 |
| become available and may contain any other terms, | 7 |
| restrictions, or limitations not inconsistent with the | 8 |
| powers of the Board. | 9 |
| For the purposes of this item (12), "financial | 10 |
| institution" means any bank subject to the Illinois Banking | 11 |
| Act, any savings and loan association subject to the | 12 |
| Illinois Savings and Loan Act of 1985, and any federally | 13 |
| chartered commercial bank or savings and loan association | 14 |
| organized and operated in this State pursuant to the laws | 15 |
| of the United States. | 16 |
| (b) The Board may, directly or in cooperation with other
| 17 |
| institutions
of higher education, acquire by purchase or lease | 18 |
| or otherwise, and construct,
enlarge, improve, equip, | 19 |
| complete, operate, control and manage research
and high | 20 |
| technology parks, together with the necessary lands, | 21 |
| buildings,
facilities, equipment, and personal property | 22 |
| therefor,
to encourage and facilitate (i) the location and | 23 |
| development of business
and industry in the State of Illinois, | 24 |
| and (ii) the increased application
and development of | 25 |
| technology, and (iii) the improvement and development of
the | 26 |
| State's economy. The Board may lease to nonprofit corporations
|
|
|
|
09600SB0416sam001 |
- 25 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| all or any part
of the land, buildings, facilities, equipment | 2 |
| or other property included
in a research and high technology | 3 |
| park upon such terms and conditions
as the Board may deem | 4 |
| advisable and enter into any contract or
agreement with such | 5 |
| nonprofit corporations as may be necessary or suitable
for the | 6 |
| construction, financing, operation and maintenance and | 7 |
| management
of any such park; and may lease to any person, firm, | 8 |
| partnership or
corporation,
either public or private, any part | 9 |
| or all of the land, building, facilities,
equipment or other | 10 |
| property of such park for such purposes and upon such
rentals, | 11 |
| terms and conditions as the Board may deem advisable; and
may | 12 |
| finance all or part of the cost of any such park, including the | 13 |
| purchase,
lease, construction, reconstruction, improvement, | 14 |
| remodeling, addition to,
and extension and maintenance of all | 15 |
| or part of such high technology park,
and all equipment and | 16 |
| furnishings, by legislative appropriations, government
grants, | 17 |
| contracts, private gifts, loans, receipts from the operation of
| 18 |
| such high technology park, rentals and similar receipts; and | 19 |
| may make its
other facilities and services available to tenants | 20 |
| or other occupants of
any such park at rates which are | 21 |
| reasonable and appropriate.
| 22 |
| (c) The Board may sell the following described property | 23 |
| without compliance
with
the State Property Control Act and | 24 |
| retain the proceeds in the University
treasury in a
special, | 25 |
| separate development fund account that the Auditor General | 26 |
| shall
examine to
assure compliance with this Law:
|
|
|
|
09600SB0416sam001 |
- 26 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| Lots 511 and 512 in Heritage Woods V, Charleston, Coles | 2 |
| County,
Illinois.
| 3 |
| Revenues from the development fund account may be withdrawn by | 4 |
| the University
for
the purpose of upgrading the on-campus | 5 |
| formal reception facility. Moneys from
the
development fund | 6 |
| account used for any other purpose must be deposited into and
| 7 |
| appropriated from the General Revenue Fund.
| 8 |
| (Source: P.A. 91-251, eff. 7-22-99; 91-883, eff. 1-1-01.)
| 9 |
| Section 25. The Governors State University Law is amended | 10 |
| by changing Section 15-45 as follows:
| 11 |
| (110 ILCS 670/15-45)
| 12 |
| Sec. 15-45. Powers and duties. The Board also shall have | 13 |
| power and
it shall be its duty:
| 14 |
| (1) To make rules, regulations and bylaws, not inconsistent | 15 |
| with
law, for the government and management of Governors State | 16 |
| University
and its branches;
| 17 |
| (2) To employ, and, for good cause, to remove a President | 18 |
| of Governors State
University, and all necessary deans, | 19 |
| professors, associate
professors, assistant professors, | 20 |
| instructors, other educational and
administrative assistants, | 21 |
| and all other necessary employees, and to prescribe
their | 22 |
| duties and contract with them upon matters relating to tenure, | 23 |
| salaries
and retirement benefits in accordance with
the State | 24 |
| Universities Civil Service Act. Whenever the Board establishes |
|
|
|
09600SB0416sam001 |
- 27 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| a
search committee to fill the position of President of | 2 |
| Governors State
University, there shall be minority | 3 |
| representation, including women, on that
search committee. The | 4 |
| Board shall, upon the written request
of an employee of | 5 |
| Governors State University, withhold from the compensation
of | 6 |
| that employee any dues, payments or contributions payable by | 7 |
| such employee
to any labor organization as defined in the | 8 |
| Illinois Educational Labor
Relations
Act. Under such | 9 |
| arrangement, an amount shall be withheld from each regular
| 10 |
| payroll period which is equal to the pro rata share of the | 11 |
| annual dues plus
any payments or contributions, and the Board | 12 |
| shall transmit such withholdings
to the specified labor | 13 |
| organization within 10 working days from the time
of the | 14 |
| withholding;
| 15 |
| (3) To prescribe the courses of study to be followed, and | 16 |
| textbooks
and apparatus to be used at Governors State | 17 |
| University;
| 18 |
| (4) To issue upon the recommendation of the faculty, | 19 |
| diplomas to such
persons as have satisfactorily completed the | 20 |
| required studies of
Governors State University, and confer such | 21 |
| professional and literary
degrees as are usually conferred by | 22 |
| other institutions of like character
for similar or equivalent | 23 |
| courses of study, or such as the Board may
deem appropriate;
| 24 |
| (5) To examine into the conditions, management, and | 25 |
| administration of
Governors State University, to provide the | 26 |
| requisite buildings,
apparatus, equipment and auxiliary |
|
|
|
09600SB0416sam001 |
- 28 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| enterprises, and to fix and collect
matriculation fees; tuition | 2 |
| fees; fees for student activities; fees for
student facilities | 3 |
| such as student union buildings or field houses or
stadia or | 4 |
| other recreational facilities; student welfare fees;
| 5 |
| laboratory fees; and similar fees for supplies and materials.
| 6 |
| The expense of the building, improving, repairing and supplying | 7 |
| fuel and
furniture and the necessary appliances and apparatus | 8 |
| for conducting Governors
State University, the reimbursed | 9 |
| expenses of members of the Board, and the
salaries or | 10 |
| compensation of the President, assistants, agents and other
| 11 |
| employees of Governors State University, shall be a charge upon | 12 |
| the State
Treasury. All
other expenses shall be chargeable | 13 |
| against students, and the Board shall
regulate the charges | 14 |
| accordingly;
| 15 |
| (6) To succeed to and to administer all trusts, trust | 16 |
| property, and
gifts now or hereafter belonging or pertaining to | 17 |
| Governors State
University;
| 18 |
| (7) To accept endowments of professorships or departments | 19 |
| in Governors State
University from any person who may proffer | 20 |
| them and, at regular
meetings, to prescribe rules and | 21 |
| regulations in relation to endowments
and declare on what | 22 |
| general principles they may be accepted;
| 23 |
| (8) To enter into contracts with the Federal government for | 24 |
| providing
courses of instruction and other services at | 25 |
| Governors State
University for persons serving in or with the | 26 |
| military or naval forces
of the United States, and to provide |
|
|
|
09600SB0416sam001 |
- 29 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| such courses of instruction and
other services;
| 2 |
| (9) To operate, maintain, and contract with respect to the | 3 |
| Cooperative
Computer Center for its own purposes and to provide | 4 |
| services related to
electronic data processing to other public | 5 |
| and private colleges and
universities, to governmental | 6 |
| agencies, and to public or private not-for-profit
agencies; and | 7 |
| to examine
the conditions, management, and administration of | 8 |
| the Cooperative Computer
Center;
| 9 |
| (10) To provide for the receipt and expenditures of Federal | 10 |
| funds
paid to Governors State University by the Federal | 11 |
| government for
instruction and other services for persons | 12 |
| serving in or with the
military or naval forces of the United | 13 |
| States, and to provide for audits
of such funds;
| 14 |
| (11) To appoint, subject to the applicable civil service | 15 |
| law, persons
to be members of the Governors State University | 16 |
| Police Department.
Members of the Police Department shall be | 17 |
| conservators of the peace and
as such have all powers possessed | 18 |
| by policemen in cities, and sheriffs,
including the power to | 19 |
| make arrests on view or warrants of violations of
State | 20 |
| statutes, University rules and regulations and city or county
| 21 |
| ordinances, except that they may exercise such powers only | 22 |
| within
counties wherein Governors State University and any of | 23 |
| its branches or
properties are located when such is required | 24 |
| for the protection of University
properties and interests, and | 25 |
| its students and personnel, and otherwise,
within such | 26 |
| counties, when requested by appropriate State
or local law |
|
|
|
09600SB0416sam001 |
- 30 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| enforcement officials. However, such officers shall have no
| 2 |
| power to serve and execute civil processes.
| 3 |
| The Board must authorize to each member of the Governors | 4 |
| State University
Police
Department
and to any other employee of | 5 |
| Governors State University exercising the powers
of a peace | 6 |
| officer
a distinct badge
that, on its face, (i) clearly states | 7 |
| that the badge is authorized by Governors
State
University and
| 8 |
| (ii) contains a unique identifying number.
No other badge shall | 9 |
| be authorized by
Governors State University;
| 10 |
| (12) The Board may, directly or in cooperation with other | 11 |
| institutions
of higher education, acquire by purchase or lease | 12 |
| or otherwise, and construct,
enlarge, improve, equip, | 13 |
| complete, operate, control and manage research
and high | 14 |
| technology parks, together with the necessary lands, | 15 |
| buildings,
facilities, equipment, and personal property | 16 |
| therefor,
to encourage and facilitate (i) the location and | 17 |
| development of business
and industry in the State of Illinois, | 18 |
| and (ii) the increased application
and development of | 19 |
| technology, and (iii) the improvement and development of
the | 20 |
| State's economy. The Board may lease to nonprofit corporations
| 21 |
| all or any part
of the land, buildings, facilities, equipment | 22 |
| or other property included
in a research and high technology | 23 |
| park upon such terms and conditions
as the Board may deem | 24 |
| advisable and enter into any contract or
agreement with such | 25 |
| nonprofit corporations as may be necessary or suitable
for the | 26 |
| construction, financing, operation and maintenance and |
|
|
|
09600SB0416sam001 |
- 31 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| management
of any such park; and may lease to any person, firm, | 2 |
| partnership or
corporation,
either public or private, any part | 3 |
| or all of the land, building, facilities,
equipment or other | 4 |
| property of such park for such purposes and upon such
rentals, | 5 |
| terms and conditions as the Board may deem advisable; and
may | 6 |
| finance all or part of the cost of any such park, including the | 7 |
| purchase,
lease, construction, reconstruction, improvement, | 8 |
| remodeling, addition to,
and extension and maintenance of all | 9 |
| or part of such high technology park,
and all equipment and | 10 |
| furnishings, by legislative appropriations, government
grants, | 11 |
| contracts, private gifts, loans, receipts from the operation of
| 12 |
| such high technology park, rentals and similar receipts; and | 13 |
| may make its
other facilities and services available to tenants | 14 |
| or other occupants of
any such park at rates which are | 15 |
| reasonable and appropriate.
| 16 |
| (13) To borrow money, as necessary, from time to time in | 17 |
| anticipation of receiving tuition, payments from the State of | 18 |
| Illinois, or other revenues or receipts of the University, also | 19 |
| known as anticipated moneys; provided that the money shall be | 20 |
| repaid within 18 months after the time the money is borrowed | 21 |
| and the amount borrowed shall not exceed 75% of the total | 22 |
| amount of payroll and other expense vouchers submitted, but | 23 |
| unpaid at the Comptroller's Office, 30 days prior to the | 24 |
| anticipated borrowing. The borrowed moneys shall be applied | 25 |
| only for the purposes of paying salaries and other expenses | 26 |
| lawfully authorized in the university's State appropriation. |
|
|
|
09600SB0416sam001 |
- 32 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| No borrowing under this provision shall be allowed after August | 2 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 3 |
| for which the anticipated moneys are lawfully available. The | 4 |
| Chairman or Treasurer of the Board shall execute a promissory | 5 |
| note or similar debt instrument to evidence the indebtedness | 6 |
| incurred by the borrowing. In connection with a borrowing, the | 7 |
| Board may establish a line of credit with a financial | 8 |
| institution. | 9 |
| The obligation to make the payments due under the | 10 |
| promissory note or other debt instrument shall be a lawful | 11 |
| obligation of the University payable from the anticipated | 12 |
| moneys as set forth in the resolution authorizing the same. Any | 13 |
| borrowing under this item (13) shall not constitute a debt, | 14 |
| legal or moral, of the State and shall not be enforceable | 15 |
| against the State. The promissory note or other debt instrument | 16 |
| shall be authorized by a resolution passed by the Board and | 17 |
| shall be valid whether or not a budgeted item with respect to | 18 |
| that resolution is included in any annual or supplemental | 19 |
| budget adopted by the Board. The resolution shall set forth | 20 |
| facts demonstrating the need for the borrowing, state an amount | 21 |
| that the amount to be borrowed will not exceed, establish a | 22 |
| maximum interest rate limit not to exceed the maximum rate | 23 |
| authorized by the Bond Authorization Act, and provide a date by | 24 |
| which the borrowed funds shall be repaid. The resolution may | 25 |
| direct the Treasurer of the Board to make arrangements to set | 26 |
| apart and hold the portion of the anticipated moneys, as |
|
|
|
09600SB0416sam001 |
- 33 - |
LRB096 06451 RCE 36543 a |
|
| 1 |
| received, that shall be used to repay the borrowing, subject to | 2 |
| any prior pledges or restrictions with respect to the | 3 |
| anticipated moneys. The resolution may also authorize the | 4 |
| Treasurer of the Board to make partial repayments of the | 5 |
| borrowing as the anticipated moneys become available and may | 6 |
| contain any other terms, restrictions, or limitations not | 7 |
| inconsistent with the powers of the Board. | 8 |
| For the purposes of this item (13), "financial institution" | 9 |
| means any bank subject to the Illinois Banking Act, any savings | 10 |
| and loan association subject to the Illinois Savings and Loan | 11 |
| Act of 1985, and any federally chartered commercial bank or | 12 |
| savings and loan association organized and operated in this | 13 |
| State pursuant to the laws of the United States. | 14 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 15 |
| Section 30. The Illinois State University Law is amended by | 16 |
| changing Section 20-45 as follows:
| 17 |
| (110 ILCS 675/20-45)
| 18 |
| Sec. 20-45. Powers and duties. The Board also shall have | 19 |
| power and
it shall be its duty:
| 20 |
| (1) To make rules, regulations and bylaws, not inconsistent | 21 |
| with
law, for the government and management of Illinois State | 22 |
| University
and its branches;
| 23 |
| (2) To employ, and, for good cause, to remove a President | 24 |
| of Illinois State
University, and all necessary deans, |
|
|
|
09600SB0416sam001 |
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|
| 1 |
| professors, associate
professors, assistant professors, | 2 |
| instructors, other educational and
administrative assistants, | 3 |
| and all other necessary employees, and to prescribe
their | 4 |
| duties and contract with them upon matters relating to tenure, | 5 |
| salaries
and retirement benefits in accordance with
the State | 6 |
| Universities Civil Service Act. Whenever the Board establishes | 7 |
| a
search committee to fill the position of President of | 8 |
| Illinois State
University, there shall be minority | 9 |
| representation, including women, on that
search committee. The | 10 |
| Board shall, upon the written request
of an employee of | 11 |
| Illinois State University, withhold from the compensation
of | 12 |
| that employee any dues, payments or contributions payable by | 13 |
| such employee
to any labor organization as defined in the | 14 |
| Illinois Educational Labor
Relations
Act. Under such | 15 |
| arrangement, an amount shall be withheld from each regular
| 16 |
| payroll period which is equal to the pro rata share of the | 17 |
| annual dues plus
any payments or contributions, and the Board | 18 |
| shall transmit such withholdings
to the specified labor | 19 |
| organization within 10 working days from the time
of the | 20 |
| withholding;
| 21 |
| (3) To prescribe the courses of study to be followed, and | 22 |
| textbooks
and apparatus to be used at Illinois State | 23 |
| University;
| 24 |
| (4) To issue upon the recommendation of the faculty, | 25 |
| diplomas to such
persons as have satisfactorily completed the | 26 |
| required studies of
Illinois State University, and confer such |
|
|
|
09600SB0416sam001 |
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|
| 1 |
| professional and literary
degrees as are usually conferred by | 2 |
| other institutions of like character
for similar or equivalent | 3 |
| courses of study, or such as the Board may
deem appropriate;
| 4 |
| (5) To examine into the conditions, management, and | 5 |
| administration of
Illinois State University, to provide the | 6 |
| requisite buildings,
apparatus, equipment and auxiliary | 7 |
| enterprises, and to fix and collect
matriculation fees; tuition | 8 |
| fees; fees for student activities; fees for
student facilities | 9 |
| such as student union buildings or field houses or
stadia or | 10 |
| other recreational facilities; student welfare fees;
| 11 |
| laboratory fees; and similar fees for supplies and materials.
| 12 |
| The expense of the building, improving, repairing and supplying | 13 |
| fuel and
furniture and the necessary appliances and apparatus | 14 |
| for conducting Illinois
State University, the reimbursed | 15 |
| expenses of members of the Board, and the
salaries or | 16 |
| compensation of the President, assistants, agents and other
| 17 |
| employees of Illinois State University, shall be a charge upon | 18 |
| the State
Treasury. All
other expenses shall be chargeable | 19 |
| against students, and the Board shall
regulate the charges | 20 |
| accordingly;
| 21 |
| (6) To succeed to and to administer all trusts, trust | 22 |
| property, and
gifts now or hereafter belonging or pertaining to | 23 |
| Illinois State
University;
| 24 |
| (7) To accept endowments of professorships or departments | 25 |
| in Illinois State
University from any person who may proffer | 26 |
| them and, at regular
meetings, to prescribe rules and |
|
|
|
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LRB096 06451 RCE 36543 a |
|
| 1 |
| regulations in relation to endowments
and declare on what | 2 |
| general principles they may be accepted;
| 3 |
| (8) To enter into contracts with the Federal government for | 4 |
| providing
courses of instruction and other services at Illinois | 5 |
| State
University for persons serving in or with the military or | 6 |
| naval forces
of the United States, and to provide such courses | 7 |
| of instruction and
other services;
| 8 |
| (9) To contract with respect to the Cooperative Computer | 9 |
| Center to obtain
services related to electronic data | 10 |
| processing;
| 11 |
| (10) To provide for the receipt and expenditures of Federal | 12 |
| funds
paid to Illinois State University by the Federal | 13 |
| government for
instruction and other services for persons | 14 |
| serving in or with the
military or naval forces of the United | 15 |
| States, and to provide for audits
of such funds;
| 16 |
| (11) To appoint, subject to the applicable civil service | 17 |
| law, persons
to be members of the Illinois State University | 18 |
| Police Department.
Members of the Police Department shall be | 19 |
| conservators of the peace and
as such have all powers possessed | 20 |
| by policemen in cities, and sheriffs,
including the power to | 21 |
| make arrests on view or warrants of violations of
State | 22 |
| statutes, University rules and regulations and city or county
| 23 |
| ordinances, except that they may exercise such powers only | 24 |
| within
counties wherein Illinois State University and any of | 25 |
| its branches or
properties are located when such is required | 26 |
| for the protection of University
properties and interests, and |
|
|
|
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|
| 1 |
| its students and personnel, and otherwise,
within such | 2 |
| counties, when requested by appropriate State
or local law | 3 |
| enforcement officials. However, such officers shall have no
| 4 |
| power to serve and execute civil processes.
| 5 |
| The Board must authorize to each member of the Illinois | 6 |
| State University
Police
Department
and to any other employee of | 7 |
| Illinois State University exercising the powers
of a peace | 8 |
| officer
a distinct badge
that, on its face, (i) clearly states | 9 |
| that the badge is authorized by Illinois
State
University and | 10 |
| (ii)
contains a unique identifying number.
No other badge shall | 11 |
| be authorized by
Illinois State University;
| 12 |
| (12) The Board may, directly or in cooperation with other | 13 |
| institutions
of higher education, acquire by purchase or lease | 14 |
| or otherwise, and construct,
enlarge, improve, equip, | 15 |
| complete, operate, control and manage research
and high | 16 |
| technology parks, together with the necessary lands, | 17 |
| buildings,
facilities, equipment, and personal property | 18 |
| therefor,
to encourage and facilitate (i) the location and | 19 |
| development of business
and industry in the State of Illinois, | 20 |
| and (ii) the increased application
and development of | 21 |
| technology, and (iii) the improvement and development of
the | 22 |
| State's economy. The Board may lease to nonprofit corporations
| 23 |
| all or any part
of the land, buildings, facilities, equipment | 24 |
| or other property included
in a research and high technology | 25 |
| park upon such terms and conditions
as the Board may deem | 26 |
| advisable and enter into any contract or
agreement with such |
|
|
|
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LRB096 06451 RCE 36543 a |
|
| 1 |
| nonprofit corporations as may be necessary or suitable
for the | 2 |
| construction, financing, operation and maintenance and | 3 |
| management
of any such park; and may lease to any person, firm, | 4 |
| partnership or
corporation, either public or private, any part | 5 |
| or all of the land, building,
facilities,
equipment or other | 6 |
| property of such park for such purposes and upon such
rentals, | 7 |
| terms and conditions as the Board may deem advisable; and
may | 8 |
| finance all or part of the cost of any such park, including the | 9 |
| purchase,
lease, construction, reconstruction, improvement, | 10 |
| remodeling, addition to,
and extension and maintenance of all | 11 |
| or part of such high technology park,
and all equipment and | 12 |
| furnishings, by legislative appropriations, government
grants, | 13 |
| contracts, private gifts, loans, receipts from the operation of
| 14 |
| such high technology park, rentals and similar receipts; and | 15 |
| may make its
other facilities and services available to tenants | 16 |
| or other occupants of
any such park at rates which are | 17 |
| reasonable and appropriate;
| 18 |
| (13) To assist in the provision of lands, buildings, and | 19 |
| facilities that
are supportive of university purposes and | 20 |
| suitable and appropriate for the
conduct and operation of the | 21 |
| university's education programs, the
Board of Trustees of | 22 |
| Illinois State University may exercise the
powers specified in | 23 |
| subparagraphs (a), (b), and (c) of this paragraph (13) with
| 24 |
| regard to the following described property located near the
| 25 |
| Normal, Illinois campus of Illinois State University:
| 26 |
| Parcel 1: Approximately 300 acres that form a part of the |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| Illinois State
University Farm in Section 20, Township 24 | 2 |
| North, Range 2 East of the Third
Principal Meridian in | 3 |
| McLean County, Illinois.
| 4 |
| Parcels 2 and 3: Lands located in the Northeast Quadrant of | 5 |
| the City of
Normal in McLean County, Illinois, one such | 6 |
| parcel consisting of approximately
150 acres located north | 7 |
| and east of the old Illinois Soldiers and Sailors
| 8 |
| Children's School campus, and another such parcel, located | 9 |
| in the Northeast
Quadrant of the old Soldiers and Sailors | 10 |
| Children's School Campus, consisting
of approximately | 11 |
| 1.03.
| 12 |
| (a) The Board of Trustees may sell, lease, or otherwise | 13 |
| transfer and
convey
all or part of the above described | 14 |
| parcels of real estate, together with the
improvements | 15 |
| situated thereon, to a bona fide purchaser for value, | 16 |
| without
compliance with the State Property Control Act and | 17 |
| on such terms as the Board
of Trustees shall determine are | 18 |
| in the best interests of Illinois State
University and | 19 |
| consistent with its objects and purposes.
| 20 |
| (b) The Board of Trustees may retain the proceeds from | 21 |
| the sale, lease, or
other transfer of all or any part of | 22 |
| the above described parcels of real estate
in the | 23 |
| University treasury, in a special, separate development | 24 |
| fund account
that the Auditor General shall examine to | 25 |
| assure the use or deposit of those
proceeds in a manner | 26 |
| consistent with the provisions of subparagraph (c) of this
|
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| paragraph (13).
| 2 |
| (c) Moneys from the development fund account may be | 3 |
| used by the Board of
Trustees of Illinois State University | 4 |
| to acquire and develop other land to
achieve the same | 5 |
| purposes for which the parcels of real estate described in
| 6 |
| this item (13), all or a part of which have been sold, | 7 |
| leased, or otherwise
transferred and conveyed, were used | 8 |
| and for the purpose of demolition and the
processes | 9 |
| associated with demolition on the acquired land. Moneys | 10 |
| from the
development fund account used for any other | 11 |
| purpose must be deposited into and
appropriated from the
| 12 |
| General Revenue Fund. Buildings or facilities leased to an | 13 |
| entity or person
other than the University shall not be | 14 |
| subject to any limitations applicable to
a State-supported | 15 |
| college or university under any law. All development on the
| 16 |
| land and all the use of any buildings or facilities shall | 17 |
| be subject to the
control and approval of the Board of | 18 |
| Trustees of Illinois State University.
| 19 |
| (14) To borrow money, as necessary, from time to time in | 20 |
| anticipation of receiving tuition, payments from the State of | 21 |
| Illinois, or other revenues or receipts of the University, also | 22 |
| known as anticipated moneys; provided that the money shall be | 23 |
| repaid within 18 months after the time the money is borrowed | 24 |
| and the amount borrowed shall not exceed 75% of the total | 25 |
| amount of payroll and other expense vouchers submitted, but | 26 |
| unpaid at the Comptroller's Office, 30 days prior to the |
|
|
|
09600SB0416sam001 |
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|
| 1 |
| anticipated borrowing. The borrowed moneys shall be applied | 2 |
| only for the purposes of paying salaries and other expenses | 3 |
| lawfully authorized in the university's State appropriation. | 4 |
| No borrowing under this provision shall be allowed after August | 5 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 6 |
| for which the anticipated moneys are lawfully available. The | 7 |
| Chairman or Treasurer of the Board shall execute a promissory | 8 |
| note or similar debt instrument to evidence the indebtedness | 9 |
| incurred by the borrowing. In connection with a borrowing, the | 10 |
| Board may establish a line of credit with a financial | 11 |
| institution. | 12 |
| The obligation to make the payments due under the | 13 |
| promissory note or other debt instrument shall be a lawful | 14 |
| obligation of the University payable from the anticipated | 15 |
| moneys as set forth in the resolution authorizing the same. Any | 16 |
| borrowing under this item (14) shall not constitute a debt, | 17 |
| legal or moral, of the State and shall not be enforceable | 18 |
| against the State. The promissory note or other debt instrument | 19 |
| shall be authorized by a resolution passed by the Board and | 20 |
| shall be valid whether or not a budgeted item with respect to | 21 |
| that resolution is included in any annual or supplemental | 22 |
| budget adopted by the Board. The resolution shall set forth | 23 |
| facts demonstrating the need for the borrowing, state an amount | 24 |
| that the amount to be borrowed will not exceed, establish a | 25 |
| maximum interest rate limit not to exceed the maximum rate | 26 |
| authorized by the Bond Authorization Act, and provide a date by |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| which the borrowed funds shall be repaid. The resolution may | 2 |
| direct the Treasurer of the Board to make arrangements to set | 3 |
| apart and hold the portion of the anticipated moneys, as | 4 |
| received, that shall be used to repay the borrowing, subject to | 5 |
| any prior pledges or restrictions with respect to the | 6 |
| anticipated moneys. The resolution may also authorize the | 7 |
| Treasurer of the Board to make partial repayments of the | 8 |
| borrowing as the anticipated moneys become available and may | 9 |
| contain any other terms, restrictions, or limitations not | 10 |
| inconsistent with the powers of the Board. | 11 |
| For the purposes of this item (14), "financial institution" | 12 |
| means any bank subject to the Illinois Banking Act, any savings | 13 |
| and loan association subject to the Illinois Savings and Loan | 14 |
| Act of 1985, and any federally chartered commercial bank or | 15 |
| savings and loan association organized and operated in this | 16 |
| State pursuant to the laws of the United States. | 17 |
| (Source: P.A. 91-396, eff. 7-30-99; 91-883, eff. 1-1-01.)
| 18 |
| Section 35. The Northern Illinois University Law is amended | 19 |
| by changing Section 30-45 as follows:
| 20 |
| (110 ILCS 685/30-45)
| 21 |
| Sec. 30-45. Powers and duties. The Board also shall have | 22 |
| power and
it shall be its duty:
| 23 |
| (1) To make rules, regulations and bylaws, not inconsistent
| 24 |
| with
law, for the government and management of Northern |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| Illinois University
and its branches;
| 2 |
| (2) To employ, and, for good cause, to remove a President | 3 |
| of Northern
Illinois University, and all necessary deans, | 4 |
| professors, associate
professors, assistant professors, | 5 |
| instructors, other educational and
administrative assistants, | 6 |
| and all other necessary employees, and to prescribe
their | 7 |
| duties and contract with them upon matters relating to
tenure, | 8 |
| salaries
and retirement benefits in accordance with
the State | 9 |
| Universities Civil Service Act. Whenever the Board establishes | 10 |
| a
search committee to fill the position of President of | 11 |
| Northern Illinois
University, there shall be minority | 12 |
| representation, including women, on that
search committee. The | 13 |
| Board shall, upon the written request
of an employee of | 14 |
| Northern Illinois University, withhold from the compensation
| 15 |
| of that employee any dues, payments or contributions payable by | 16 |
| such employee
to any labor organization as defined in the | 17 |
| Illinois Educational Labor
Relations
Act. Under such | 18 |
| arrangement, an amount shall be withheld from each regular
| 19 |
| payroll period which is equal to the pro rata share of the | 20 |
| annual dues plus
any payments or contributions, and the Board | 21 |
| shall transmit such withholdings
to the specified labor | 22 |
| organization within 10 working days from the time
of the | 23 |
| withholding;
| 24 |
| (3) To prescribe the courses of study to be followed, and | 25 |
| textbooks
and apparatus to be used at Northern Illinois | 26 |
| University;
|
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| (4) To issue upon the recommendation of the faculty, | 2 |
| diplomas to such
persons as have satisfactorily completed the | 3 |
| required studies of
Northern Illinois University, and confer | 4 |
| such professional and literary
degrees as are usually conferred | 5 |
| by other institutions of like character
for similar or | 6 |
| equivalent courses of study, or such as the Board may
deem | 7 |
| appropriate;
| 8 |
| (5) To examine into the conditions, management, and | 9 |
| administration of
Northern Illinois University, to provide the | 10 |
| requisite buildings,
apparatus, equipment and auxiliary | 11 |
| enterprises, and to fix and collect
matriculation fees; tuition | 12 |
| fees; fees for student activities; fees for
student facilities | 13 |
| such as student union buildings or field houses or
stadia or | 14 |
| other recreational facilities; student welfare fees;
| 15 |
| laboratory fees; and similar fees for supplies and materials.
| 16 |
| The expense of the building, improving, repairing and supplying | 17 |
| fuel and
furniture and the necessary appliances and apparatus | 18 |
| for conducting Northern
Illinois University, the reimbursed | 19 |
| expenses of members of the Board, and the
salaries or | 20 |
| compensation of the President, assistants, agents and other
| 21 |
| employees of Northern Illinois University, shall be a charge | 22 |
| upon the State
Treasury. All
other expenses shall be chargeable | 23 |
| against students, and the Board shall
regulate the charges | 24 |
| accordingly;
| 25 |
| (6) To succeed to and to administer all trusts, trust | 26 |
| property, and
gifts now or hereafter belonging or pertaining to |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| Northern Illinois
University;
| 2 |
| (7) To accept endowments of professorships or departments | 3 |
| in Northern
Illinois University from any person who may proffer | 4 |
| them and, at regular
meetings, to prescribe rules and | 5 |
| regulations in relation to endowments
and declare on what | 6 |
| general principles they may be accepted;
| 7 |
| (8) To enter into contracts with the Federal government for | 8 |
| providing
courses of instruction and other services at Northern | 9 |
| Illinois
University for persons serving in or with the military | 10 |
| or naval forces
of the United States, and to provide such | 11 |
| courses of instruction and
other services;
| 12 |
| (9) To contract with respect to the Cooperative Computer | 13 |
| Center to obtain
services related to electronic data | 14 |
| processing;
| 15 |
| (10) To provide for the receipt and expenditures of Federal | 16 |
| funds
paid to Northern Illinois University by the Federal | 17 |
| government for
instruction and other services for persons | 18 |
| serving in or with the
military or naval forces of the United | 19 |
| States, and to provide for audits
of such funds;
| 20 |
| (11) To appoint, subject to the applicable civil service | 21 |
| law, persons
to be members of the Northern Illinois University | 22 |
| Police Department.
Members of the Police Department shall be | 23 |
| conservators of the peace and
as such have all powers possessed | 24 |
| by policemen in cities, and sheriffs,
including the power to | 25 |
| make arrests on view or warrants of violations of
State | 26 |
| statutes, University rules and regulations and city or county
|
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| ordinances, except that they may exercise such powers only | 2 |
| within
counties wherein Northern Illinois University and any of | 3 |
| its branches or
properties
are located when such is required | 4 |
| for the protection of University
properties and interests, and | 5 |
| its students and personnel, and otherwise,
within such | 6 |
| counties, when requested by appropriate State
or local law | 7 |
| enforcement officials. However, such officers shall have no
| 8 |
| power to serve and execute civil processes.
| 9 |
| The Board must authorize to each member of the Northern | 10 |
| Illinois University
Police
Department
and to any other employee | 11 |
| of Northern Illinois University exercising the powers
of a | 12 |
| peace officer
a distinct badge
that, on its face, (i) clearly | 13 |
| states that the badge is authorized by Northern
Illinois
| 14 |
| University and
(ii) contains a unique identifying number.
No | 15 |
| other badge shall be authorized by
Northern Illinois | 16 |
| University;
| 17 |
| (12) The Board may, directly or in cooperation with other | 18 |
| institutions
of higher education, acquire by purchase or lease | 19 |
| or otherwise, and construct,
enlarge, improve, equip, | 20 |
| complete, operate, control and manage research
and high | 21 |
| technology parks, together with the necessary lands, | 22 |
| buildings,
facilities, equipment, and personal property | 23 |
| therefor,
to encourage and facilitate (i) the location and | 24 |
| development of business
and industry in the State of Illinois, | 25 |
| and (ii) the increased application
and development of | 26 |
| technology, and (iii) the improvement and development of
the |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| State's economy. The Board may lease to nonprofit corporations
| 2 |
| all or any part
of the land, buildings, facilities, equipment | 3 |
| or other property included
in a research and high technology | 4 |
| park upon such terms and conditions
as the Board may deem | 5 |
| advisable and enter into any contract or
agreement with such | 6 |
| nonprofit corporations as may be necessary or suitable
for the | 7 |
| construction, financing, operation and maintenance and | 8 |
| management
of any such park; and may lease to any person, firm, | 9 |
| partnership or
corporation,
either public or private, any part | 10 |
| or all of the land, building, facilities,
equipment or other | 11 |
| property of such park for such purposes and upon such
rentals, | 12 |
| terms and conditions as the Board may deem advisable; and
may | 13 |
| finance all or part of the cost of any such park, including the | 14 |
| purchase,
lease, construction, reconstruction, improvement, | 15 |
| remodeling, addition to,
and extension and maintenance of all | 16 |
| or part of such high technology park,
and all equipment and | 17 |
| furnishings, by legislative appropriations, government
grants, | 18 |
| contracts, private gifts, loans, receipts from the operation of
| 19 |
| such high technology park, rentals and similar receipts; and | 20 |
| may make its
other facilities and services available to tenants | 21 |
| or other occupants of
any such park at rates which are | 22 |
| reasonable and appropriate.
| 23 |
| (13) To assist in the provision of buildings and facilities | 24 |
| beneficial
to,
useful for, or supportive of university | 25 |
| purposes, the Board of Trustees of
Northern Illinois University | 26 |
| may exercise the following powers with regard to
the area |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| located on or adjacent to the Northern Illinois University | 2 |
| DeKalb
campus and bounded as follows:
| 3 |
| Parcel 1:
| 4 |
| In Township 40 North, Range 4 East, of the Third Prime | 5 |
| Meridian, County of
DeKalb, State of Illinois: The East | 6 |
| half of the Southeast Quarter of Section
17, the Southwest | 7 |
| Quarter of Section 16, and the Northwest Quarter of Section
| 8 |
| 21, all in the County of DeKalb, Illinois.
| 9 |
| Parcel 2:
| 10 |
| In Township 40 North, Range 4 East, of the Third Prime | 11 |
| Meridian, County of
DeKalb, State of Illinois: On the | 12 |
| North, by a line beginning at the Northwest
corner of the | 13 |
| Southeast Quarter of Section 15; thence East 1,903.3 feet; | 14 |
| thence
South to the North line of the Southeast Quarter of | 15 |
| the Southeast Quarter of
Section 15; thence East along said | 16 |
| line to North First Street; on the West by
Garden Road | 17 |
| between Lucinda Avenue and the North boundary; thence on | 18 |
| the South
by Lucinda Avenue between Garden Road and the | 19 |
| intersection of Lucinda Avenue
and the South Branch of the | 20 |
| Kishwaukee River, and by the South Branch of the
Kishwaukee | 21 |
| River between such intersection and easterly to the | 22 |
| intersection of
such river and North First Street; thence | 23 |
| on the East by North First Street.
| 24 |
| (a) Acquire any interests in land, buildings, or | 25 |
| facilities by purchase,
including installments payable | 26 |
| over a period allowed by law, by lease over a
term of such |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| duration as the Board of Trustees shall determine, or by | 2 |
| exercise
of the power of eminent domain;
| 3 |
| (b) Sublease or contract to purchase through | 4 |
| installments all or any
portion of buildings or facilities | 5 |
| for such duration and on such terms as the
Board of | 6 |
| Trustees shall determine, including a term that exceeds 5 | 7 |
| years,
provided that each such lease or purchase contract | 8 |
| shall be and shall recite
that it is subject to termination | 9 |
| and cancellation in any year for which the
General Assembly | 10 |
| fails to make an appropriation to pay the rent or purchase
| 11 |
| installments payable under the terms of such lease or | 12 |
| purchase contracts; and
| 13 |
| (c) Sell property without compliance with the State | 14 |
| Property Control Act
and retain proceeds in the University | 15 |
| treasury in a special, separate
development fund account | 16 |
| which the Auditor General shall examine to assure
| 17 |
| compliance with this Act.
| 18 |
| Any buildings or facilities to be developed on the land | 19 |
| shall be buildings or
facilities that, in
the determination of | 20 |
| the Board of Trustees, in whole or in part: (i) are for
use by | 21 |
| the University; or (ii) otherwise advance the interests of the
| 22 |
| University,
including, by way of example, residential, | 23 |
| recreational, educational, and
athletic facilities for | 24 |
| University staff and students and commercial facilities
which | 25 |
| provide services needed by the University community. Revenues | 26 |
| from the
development fund account may be withdrawn by the |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| University for the purpose of
demolition and the processes | 2 |
| associated with demolition; routine land and
property | 3 |
| acquisition; extension of utilities; streetscape work; | 4 |
| landscape work;
surface and structure parking; sidewalks, | 5 |
| recreational paths, and street
construction; and lease and | 6 |
| lease purchase arrangements and the professional
services | 7 |
| associated with the planning and development of the area. | 8 |
| Moneys from
the development fund account used for any other | 9 |
| purpose must be deposited into
and appropriated from the | 10 |
| General Revenue Fund. Buildings or facilities leased
to an | 11 |
| entity or person other than the University shall not be subject | 12 |
| to any
limitations applicable to a State-supported college or | 13 |
| university under any
law. All development on the land and all | 14 |
| the use of any buildings or
facilities shall be subject to the | 15 |
| control and approval of the Board of
Trustees of Northern | 16 |
| Illinois University.
| 17 |
| (14) To borrow money, as necessary, from time to time in | 18 |
| anticipation of receiving tuition, payments from the State of | 19 |
| Illinois, or other revenues or receipts of the University, also | 20 |
| known as anticipated moneys; provided that the money shall be | 21 |
| repaid within 18 months after the time the money is borrowed | 22 |
| and the amount borrowed shall not exceed 75% of the total | 23 |
| amount of payroll and other expense vouchers submitted, but | 24 |
| unpaid at the Comptroller's Office, 30 days prior to the | 25 |
| anticipated borrowing. The borrowed moneys shall be applied | 26 |
| only for the purposes of paying salaries and other expenses |
|
|
|
09600SB0416sam001 |
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|
| 1 |
| lawfully authorized in the university's State appropriation. | 2 |
| No borrowing under this provision shall be allowed after August | 3 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 4 |
| for which the anticipated moneys are lawfully available. The | 5 |
| Chairman or Treasurer of the Board shall execute a promissory | 6 |
| note or similar debt instrument to evidence the indebtedness | 7 |
| incurred by the borrowing. In connection with a borrowing, the | 8 |
| Board may establish a line of credit with a financial | 9 |
| institution. | 10 |
| The obligation to make the payments due under the | 11 |
| promissory note or other debt instrument shall be a lawful | 12 |
| obligation of the University payable from the anticipated | 13 |
| moneys as set forth in the resolution authorizing the same. Any | 14 |
| borrowing under this item (14) shall not constitute a debt, | 15 |
| legal or moral, of the State and shall not be enforceable | 16 |
| against the State. The promissory note or other debt instrument | 17 |
| shall be authorized by a resolution passed by the Board and | 18 |
| shall be valid whether or not a budgeted item with respect to | 19 |
| that resolution is included in any annual or supplemental | 20 |
| budget adopted by the Board. The resolution shall set forth | 21 |
| facts demonstrating the need for the borrowing, state an amount | 22 |
| that the amount to be borrowed will not exceed, establish a | 23 |
| maximum interest rate limit not to exceed the maximum rate | 24 |
| authorized by the Bond Authorization Act, and provide a date by | 25 |
| which the borrowed funds shall be repaid. The resolution may | 26 |
| direct the Treasurer of the Board to make arrangements to set |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| apart and hold the portion of the anticipated moneys, as | 2 |
| received, that shall be used to repay the borrowing, subject to | 3 |
| any prior pledges or restrictions with respect to the | 4 |
| anticipated moneys. The resolution may also authorize the | 5 |
| Treasurer of the Board to make partial repayments of the | 6 |
| borrowing as the anticipated moneys become available and may | 7 |
| contain any other terms, restrictions, or limitations not | 8 |
| inconsistent with the powers of the Board. | 9 |
| For the purposes of this item (14), "financial institution" | 10 |
| means any bank subject to the Illinois Banking Act, any savings | 11 |
| and loan association subject to the Illinois Savings and Loan | 12 |
| Act of 1985, and any federally chartered commercial bank or | 13 |
| savings and loan association organized and operated in this | 14 |
| State pursuant to the laws of the United States. | 15 |
| (Source: P.A. 90-284, eff. 1-1-98; 91-883, eff. 1-1-01.)
| 16 |
| Section 40. The Western Illinois University Law is amended | 17 |
| by changing Section 35-45 as follows:
| 18 |
| (110 ILCS 690/35-45)
| 19 |
| Sec. 35-45. Powers and duties. The Board also shall have | 20 |
| power and
it shall be its duty:
| 21 |
| (1) To make rules, regulations and bylaws, not inconsistent | 22 |
| with
law, for the government and management of Western Illinois | 23 |
| University
and its branches;
| 24 |
| (2) To employ, and, for good cause, to remove a President |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| of Western
Illinois University, and all necessary deans, | 2 |
| professors, associate
professors, assistant professors, | 3 |
| instructors, other educational and
administrative assistants, | 4 |
| and all other necessary employees, and to prescribe
their | 5 |
| duties and contract with them upon matters relating to tenure, | 6 |
| salaries
and retirement benefits in accordance with
the State | 7 |
| Universities Civil Service Act. Whenever the Board establishes | 8 |
| a
search committee to fill the position of President of Western | 9 |
| Illinois
University, there shall be minority representation, | 10 |
| including women, on that
search committee. The Board shall, | 11 |
| upon the written request
of an employee of Western Illinois | 12 |
| University, withhold from the compensation
of that employee any | 13 |
| dues, payments or contributions payable by such employee
to any | 14 |
| labor organization as defined in the Illinois Educational Labor
| 15 |
| Relations
Act. Under such arrangement, an amount shall be | 16 |
| withheld from each regular
payroll period which is equal to the | 17 |
| pro rata share of the annual dues plus
any payments or | 18 |
| contributions, and the Board shall transmit such withholdings
| 19 |
| to the specified labor organization within 10 working days from | 20 |
| the time
of the withholding;
| 21 |
| (3) To prescribe the courses of study to be followed, and | 22 |
| textbooks
and apparatus to be used at Western Illinois | 23 |
| University;
| 24 |
| (4) To issue upon the recommendation of the faculty, | 25 |
| diplomas to such
persons as have satisfactorily completed the | 26 |
| required studies of
Western Illinois University, and confer |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| such professional and literary
degrees as are usually conferred | 2 |
| by other institutions of like character
for similar or | 3 |
| equivalent courses of study, or such as the Board may
deem | 4 |
| appropriate;
| 5 |
| (5) To examine into the conditions, management, and | 6 |
| administration of
Western Illinois University, to provide the | 7 |
| requisite buildings,
apparatus, equipment and auxiliary | 8 |
| enterprises, and to fix and collect
matriculation fees; tuition | 9 |
| fees; fees for student activities; fees for
student facilities | 10 |
| such as student union buildings or field houses or
stadia or | 11 |
| other recreational facilities; student welfare fees;
| 12 |
| laboratory fees; and similar fees for supplies and materials.
| 13 |
| The expense of the building, improving, repairing and supplying | 14 |
| fuel and
furniture and the necessary appliances and apparatus | 15 |
| for conducting Western
Illinois
University, the reimbursed | 16 |
| expenses of members of the Board, and the
salaries or | 17 |
| compensation of the President, assistants, agents and other
| 18 |
| employees of Western Illinois University, shall be a charge | 19 |
| upon the State
Treasury. All
other expenses shall be chargeable | 20 |
| against students, and the Board shall
regulate the charges | 21 |
| accordingly;
| 22 |
| (6) To succeed to and to administer all trusts, trust | 23 |
| property, and
gifts now or hereafter belonging or pertaining to | 24 |
| Western Illinois
University;
| 25 |
| (7) To accept endowments of professorships or departments | 26 |
| in Western
Illinois University from any person who may proffer |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| them and, at regular
meetings, to prescribe rules and | 2 |
| regulations in relation to endowments
and declare on what | 3 |
| general principles they may be accepted;
| 4 |
| (8) To enter into contracts with the Federal government for | 5 |
| providing
courses of instruction and other services at Western | 6 |
| Illinois
University for persons serving in or with the military | 7 |
| or naval forces
of the United States, and to provide such | 8 |
| courses of instruction and
other services;
| 9 |
| (9) To contract with respect to the Cooperative Computer | 10 |
| Center to obtain
services related to electronic data | 11 |
| processing;
| 12 |
| (10) To provide for the receipt and expenditures of Federal | 13 |
| funds
paid to Western Illinois University by the Federal | 14 |
| government for
instruction and other services for persons | 15 |
| serving in or with the
military or naval forces of the United | 16 |
| States, and to provide for audits
of such funds;
| 17 |
| (11) To appoint, subject to the applicable civil service | 18 |
| law, persons
to be members of the Western Illinois University | 19 |
| Police Department.
Members of the Police Department shall be | 20 |
| conservators of the peace and
as such have all powers possessed | 21 |
| by policemen in cities, and sheriffs,
including the power to | 22 |
| make arrests on view or warrants of violations of
State | 23 |
| statutes, University rules and regulations and city or county
| 24 |
| ordinances, except that they may exercise such powers only | 25 |
| within
counties wherein Western Illinois University and any of | 26 |
| its branches or
properties
are located when such is required |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| for the 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 law | 4 |
| enforcement officials. However, such officers shall have no
| 5 |
| power to serve and execute civil processes.
| 6 |
| The Board must authorize to each member of the Western | 7 |
| Illinois University
Police
Department
and to any other employee | 8 |
| of Western Illinois University exercising the powers
of a peace | 9 |
| officer
a distinct badge
that, on its face, (i) clearly states | 10 |
| that the badge is authorized by Western
Illinois
University and
| 11 |
| (ii) contains a unique identifying number.
No other badge shall | 12 |
| be authorized by
Western Illinois University;
| 13 |
| (12) The Board may, directly or in cooperation with other | 14 |
| institutions
of higher education, acquire by purchase or lease | 15 |
| or otherwise, and construct,
enlarge, improve, equip, | 16 |
| complete, operate, control and manage research
and high | 17 |
| technology parks, together with the necessary lands, | 18 |
| buildings,
facilities, equipment, and personal property | 19 |
| therefor,
to encourage and facilitate (i) the location and | 20 |
| development of business
and industry in the State of Illinois, | 21 |
| and (ii) the increased application
and development of | 22 |
| technology, and (iii) the improvement and development of
the | 23 |
| State's economy. The Board may lease to nonprofit corporations
| 24 |
| all or any part
of the land, buildings, facilities, equipment | 25 |
| or other property included
in a research and high technology | 26 |
| park upon such terms and conditions
as the Board may deem |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| advisable and enter into any contract or
agreement with such | 2 |
| nonprofit corporations as may be necessary or suitable
for the | 3 |
| construction, financing, operation and maintenance and | 4 |
| management
of any such park; and may lease to any person, firm, | 5 |
| partnership or
corporation,
either public or private, any part | 6 |
| or all of the land, building, facilities,
equipment or other | 7 |
| property of such park for such purposes and upon such
rentals, | 8 |
| terms and conditions as the Board may deem advisable; and
may | 9 |
| finance all or part of the cost of any such park, including the | 10 |
| purchase,
lease, construction, reconstruction, improvement, | 11 |
| remodeling, addition to,
and extension and maintenance of all | 12 |
| or part of such high technology park,
and all equipment and | 13 |
| furnishings, by legislative appropriations, government
grants, | 14 |
| contracts, private gifts, loans, receipts from the operation of
| 15 |
| such high technology park, rentals and similar receipts; and | 16 |
| may make its
other facilities and services available to tenants | 17 |
| or other occupants of
any such park at rates which are | 18 |
| reasonable and appropriate.
| 19 |
| (13) To borrow money, as necessary, from time to time in | 20 |
| anticipation of receiving tuition, payments from the State of | 21 |
| Illinois, or other revenues or receipts of the University, also | 22 |
| known as anticipated moneys; provided that the money shall be | 23 |
| repaid within 18 months after the time the money is borrowed | 24 |
| and the amount borrowed shall not exceed 75% of the total | 25 |
| amount of payroll and other expense vouchers submitted, but | 26 |
| unpaid at the Comptroller's Office, 30 days prior to the |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| anticipated borrowing. The borrowed moneys shall be applied | 2 |
| only for the purposes of paying salaries and other expenses | 3 |
| lawfully authorized in the university's State appropriation. | 4 |
| No borrowing under this provision shall be allowed after August | 5 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 6 |
| for which the anticipated moneys are lawfully available. The | 7 |
| Chairman or Treasurer of the Board shall execute a promissory | 8 |
| note or similar debt instrument to evidence the indebtedness | 9 |
| incurred by the borrowing. In connection with a borrowing, the | 10 |
| Board may establish a line of credit with a financial | 11 |
| institution. | 12 |
| The obligation to make the payments due under the | 13 |
| promissory note or other debt instrument shall be a lawful | 14 |
| obligation of the University payable from the anticipated | 15 |
| moneys as set forth in the resolution authorizing the same. Any | 16 |
| borrowing under this item (13) shall not constitute a debt, | 17 |
| legal or moral, of the State and shall not be enforceable | 18 |
| against the State. The promissory note or other debt instrument | 19 |
| shall be authorized by a resolution passed by the Board and | 20 |
| shall be valid whether or not a budgeted item with respect to | 21 |
| that resolution is included in any annual or supplemental | 22 |
| budget adopted by the Board. The resolution shall set forth | 23 |
| facts demonstrating the need for the borrowing, state an amount | 24 |
| that the amount to be borrowed will not exceed, establish a | 25 |
| maximum interest rate limit not to exceed the maximum rate | 26 |
| authorized by the Bond Authorization Act, and provide a date by |
|
|
|
09600SB0416sam001 |
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LRB096 06451 RCE 36543 a |
|
| 1 |
| which the borrowed funds shall be repaid. The resolution may | 2 |
| direct the Treasurer of the Board to make arrangements to set | 3 |
| apart and hold the portion of the anticipated moneys, as | 4 |
| received, that shall be used to repay the borrowing, subject to | 5 |
| any prior pledges or restrictions with respect to the | 6 |
| anticipated moneys. The resolution may also authorize the | 7 |
| Treasurer of the Board to make partial repayments of the | 8 |
| borrowing as the anticipated moneys become available and may | 9 |
| contain any other terms, restrictions, or limitations not | 10 |
| inconsistent with the powers of the Board. | 11 |
| For the purposes of this item (13), "financial institution" | 12 |
| means any bank subject to the Illinois Banking Act, any savings | 13 |
| and loan association subject to the Illinois Savings and Loan | 14 |
| Act of 1985, and any federally chartered commercial bank or | 15 |
| savings and loan association organized and operated in this | 16 |
| State pursuant to the laws of the United States. | 17 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
|
|