Full Text of SB0642 96th General Assembly
SB0642ham008 96TH GENERAL ASSEMBLY
|
Rep. John E. Bradley
Filed: 5/3/2010
|
|
09600SB0642ham008 |
|
LRB096 06697 NHT 41074 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 642
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 642 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The University of Illinois Act is amended by | 5 |
| changing Section 7 as follows:
| 6 |
| (110 ILCS 305/7) (from Ch. 144, par. 28)
| 7 |
| Sec. 7. Powers of trustees.
| 8 |
| (a) The trustees shall have power to provide for the | 9 |
| requisite
buildings, apparatus, and conveniences; to fix the | 10 |
| rates for tuition; to
appoint such professors and instructors, | 11 |
| and to establish and provide for
the management of such model | 12 |
| farms, model art, and other departments and
professorships, as | 13 |
| may be required to teach, in the most thorough manner,
such | 14 |
| branches of learning as are related to agriculture and the | 15 |
| mechanic
arts, and military tactics, without excluding other | 16 |
| scientific and classical
studies. The trustees shall, upon the |
|
|
|
09600SB0642ham008 |
- 2 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| written request of an employee withhold
from the compensation | 2 |
| of that employee any dues, payments or contributions
payable by | 3 |
| such employee to any labor organization as defined in the | 4 |
| Illinois
Educational Labor Relations Act. Under such | 5 |
| arrangement, an amount shall
be withheld from each regular | 6 |
| payroll period which is equal to the pro rata
share of the | 7 |
| annual dues plus any payments or contributions, and the | 8 |
| trustees
shall transmit such withholdings to the specified | 9 |
| labor organization within 10
working days from the time of the | 10 |
| withholding. They may accept the endowments
and voluntary | 11 |
| professorships or departments in the University, from any | 12 |
| person
or persons or corporations who may offer the same, and, | 13 |
| at any regular
meeting of the board, may prescribe rules and | 14 |
| regulations in relation to such
endowments and declare on what | 15 |
| general principles they may be admitted:
Provided, that such | 16 |
| special voluntary endowments or professorships shall
not be | 17 |
| incompatible with the true design and scope of the act of | 18 |
| congress,
or of this Act: Provided, that no student shall at | 19 |
| any time be allowed to
remain in or about the University in | 20 |
| idleness, or without full mental or
industrial occupation: And | 21 |
| provided further, that the trustees, in the
exercise of any of | 22 |
| the powers conferred by this Act, shall not create any
| 23 |
| liability or indebtedness in excess of the funds in the hands | 24 |
| of the
treasurer of the University at the time of creating such | 25 |
| liability or
indebtedness, and which may be specially and | 26 |
| properly applied to the
payment of the same. Any lease to the |
|
|
|
09600SB0642ham008 |
- 3 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| trustees of lands, buildings or
facilities which will support | 2 |
| scientific research and development in such
areas as high | 3 |
| technology, super computing, microelectronics, biotechnology,
| 4 |
| robotics, physics and engineering shall be for a term not to | 5 |
| exceed 18 years,
and may grant to the trustees the option to | 6 |
| purchase the lands, buildings or
facilities. The lease shall | 7 |
| recite that it is subject to termination and
cancellation in | 8 |
| any year for which the General Assembly fails to make an
| 9 |
| appropriation to pay the rent payable under the terms of the | 10 |
| lease.
| 11 |
| Leases for the purposes described herein exceeding 5 years | 12 |
| shall have
the approval of the Illinois Board of Higher | 13 |
| Education.
| 14 |
| The Board of Trustees may, directly or in cooperation with | 15 |
| other institutions
of higher education, acquire by purchase or | 16 |
| lease or otherwise, and construct,
enlarge, improve, equip, | 17 |
| complete, operate, control and manage medical research
and high | 18 |
| technology parks, together with the necessary lands, | 19 |
| buildings,
facilities, equipment and personal property | 20 |
| therefor, to encourage and
facilitate (a) the location and | 21 |
| development of business and industry in the
State of Illinois, | 22 |
| and (b) the increased application and development of
technology | 23 |
| and (c) the improvement and development of the State's economy.
| 24 |
| The Board of Trustees may lease to nonprofit corporations all | 25 |
| or any part
of the land, buildings, facilities, equipment or | 26 |
| other property included in
a medical research and high |
|
|
|
09600SB0642ham008 |
- 4 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| technology park upon such terms and conditions as
the | 2 |
| University of Illinois may deem advisable and enter into any | 3 |
| contract or
agreement with such nonprofit corporations as may | 4 |
| be necessary or suitable for
the construction, financing, | 5 |
| operation and maintenance and management of any
such park; and | 6 |
| may lease to any person, firm, partnership or corporation,
| 7 |
| either public or private, any part or all of the land, | 8 |
| building, facilities,
equipment or other property of such park | 9 |
| for such purposes and upon such
rentals, terms and conditions | 10 |
| as the University may deem advisable; and may
finance all or | 11 |
| part of the cost of any such park, including the purchase,
| 12 |
| lease, construction, reconstruction, improvement, remodeling, | 13 |
| addition to, and
extension and maintenance of all or part of | 14 |
| such high technology park, and all
equipment and furnishings, | 15 |
| by legislative appropriations, government grants,
contracts, | 16 |
| private gifts, loans, receipts from the operation of such high
| 17 |
| technology park, rentals and similar receipts; and may make its | 18 |
| other
facilities and services available to tenants or other | 19 |
| occupants of any such
park at rates which are reasonable and | 20 |
| appropriate.
| 21 |
| The Trustees shall have power (a) to purchase real property | 22 |
| and
easements, and (b) to acquire real property and easements | 23 |
| in the manner
provided by law for the exercise of the right of | 24 |
| eminent domain, and in the
event negotiations for the | 25 |
| acquisition of real property or easements for
making any | 26 |
| improvement which the Trustees are authorized to make shall |
|
|
|
09600SB0642ham008 |
- 5 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| have
proven unsuccessful and the Trustees shall have by | 2 |
| resolution adopted a
schedule or plan of operation for the | 3 |
| execution of the project and therein
made a finding that it is | 4 |
| necessary to take such property or easements
immediately or at | 5 |
| some specified later date in order to comply with the
schedule, | 6 |
| the Trustees may acquire such property or easements in the same
| 7 |
| manner provided in Article 20 of the Eminent Domain Act | 8 |
| (quick-take procedure).
| 9 |
| The Board of Trustees also shall have power to agree with | 10 |
| the State's
Attorney of the county in which any properties of | 11 |
| the Board are located to
pay for services rendered by the | 12 |
| various taxing districts for the years
1944 through 1949 and to | 13 |
| pay annually for services rendered thereafter by
such district | 14 |
| such sums as may be determined by the Board upon properties
| 15 |
| used solely for income producing purposes, title to which is | 16 |
| held by said
Board of Trustees, upon properties leased to | 17 |
| members of the staff of the
University of Illinois, title to | 18 |
| which is held in trust for said Board of
Trustees and upon | 19 |
| properties leased to for-profit entities the title to
which | 20 |
| properties is held by the Board of Trustees. A certified copy | 21 |
| of
any such agreement made with the State's Attorney shall be | 22 |
| filed with the
County Clerk and such sums shall be distributed | 23 |
| to the respective taxing
districts by the County Collector in | 24 |
| such proportions that each taxing district
will receive | 25 |
| therefrom such proportion as the tax rate of such taxing | 26 |
| district
bears to the total tax rate that would be levied |
|
|
|
09600SB0642ham008 |
- 6 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| against such properties if
they were not exempt from taxation | 2 |
| under the Property Tax Code.
| 3 |
| The Board of Trustees of the University of Illinois, | 4 |
| subject to the
applicable civil service law, may appoint | 5 |
| persons to be members of the
University of Illinois Police | 6 |
| Department. Members of the Police Department
shall be peace | 7 |
| officers and as such have all powers possessed by policemen
in | 8 |
| cities, and sheriffs, including the power to make arrests on | 9 |
| view or
warrants of violations of state statutes and city or | 10 |
| county ordinances,
except that they may exercise such powers | 11 |
| only in counties wherein the
University and any of its branches | 12 |
| or properties are located when such is
required for the | 13 |
| protection of university properties and interests, and its
| 14 |
| students and personnel, and otherwise, within such counties, | 15 |
| when requested
by appropriate state or local law enforcement | 16 |
| officials; provided, however,
that such officer shall have no | 17 |
| power to serve and execute civil processes.
| 18 |
| The Board of Trustees must authorize to each member of the | 19 |
| University of
Illinois
Police
Department
and to any other | 20 |
| employee of the University of Illinois exercising the powers
of | 21 |
| a peace officer
a distinct badge
that, on its face, (i) clearly | 22 |
| states that the badge is authorized by the
University of
| 23 |
| Illinois and (ii)
contains a unique identifying number.
No | 24 |
| other badge shall be authorized by
the University of Illinois.
| 25 |
| Nothing in this paragraph prohibits the Board of Trustees from | 26 |
| issuing
shields
or other distinctive identification to |
|
|
|
09600SB0642ham008 |
- 7 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| employees not exercising the powers of a
peace officer if the | 2 |
| Board of Trustees determines that a shield or distinctive
| 3 |
| identification is needed by the employee to carry out his or | 4 |
| her
responsibilities.
| 5 |
| The Board of Trustees may own, operate, or govern, by or | 6 |
| through the
College of Medicine at Peoria, a managed care | 7 |
| community network established
under subsection (b) of Section | 8 |
| 5-11 of the Illinois
Public Aid Code.
| 9 |
| The powers of the trustees as herein designated are subject | 10 |
| to the provisions
of "An Act creating a Board of Higher | 11 |
| Education, defining its powers and
duties, making an | 12 |
| appropriation therefor, and repealing an Act herein named",
| 13 |
| approved August 22, 1961, as amended.
| 14 |
| The Board of Trustees shall have the authority to adopt all | 15 |
| administrative
rules which may be necessary for the effective | 16 |
| administration, enforcement and
regulation of all matters for | 17 |
| which the Board has jurisdiction or
responsibility.
| 18 |
| (b) To assist in the provision of buildings and facilities | 19 |
| beneficial to,
useful for, or supportive of University | 20 |
| purposes, the Board of Trustees of the
University of Illinois | 21 |
| may exercise the following powers with regard to the
area | 22 |
| located on or adjacent to the University of Illinois at Chicago | 23 |
| campus and
bounded as follows: on the West by Morgan Street; on | 24 |
| the North by
Roosevelt Road; on the East by Union Street; and | 25 |
| on
the South by 16th
Street, in the City of Chicago:
| 26 |
| (1) Acquire any interests in land, buildings, or |
|
|
|
09600SB0642ham008 |
- 8 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| facilities by purchase,
including installments payable | 2 |
| over a period allowed by law, by lease over a
term of such | 3 |
| duration as the Board of Trustees shall determine, or by
| 4 |
| exercise of the power of eminent domain;
| 5 |
| (2) Sub-lease or contract to purchase through | 6 |
| installments all or any
portion of buildings or facilities | 7 |
| for such duration and on such terms as the
Board of | 8 |
| Trustees shall determine, including a term that exceeds 5 | 9 |
| years,
provided that each such lease or purchase contract | 10 |
| shall be and shall recite
that it is subject to termination | 11 |
| and cancellation in any year for which the
General Assembly | 12 |
| fails to make an appropriation to pay the rent or purchase
| 13 |
| installments payable under the terms of such lease or | 14 |
| purchase contract; and
| 15 |
| (3) Sell property without compliance with the State | 16 |
| Property Control Act
and retain proceeds in the University | 17 |
| Treasury in a special, separate
development fund account | 18 |
| which the Auditor General shall examine to assure
| 19 |
| compliance with this Act.
| 20 |
| Any buildings or facilities to be developed on the land shall | 21 |
| be buildings or
facilities that, in the determination of the | 22 |
| Board of Trustees, in whole
or in part: (i) are for use by the | 23 |
| University; or (ii) otherwise advance the
interests of the | 24 |
| University, including, by way of example, residential
| 25 |
| facilities for University staff and students and commercial | 26 |
| facilities which
provide services needed by the University
|
|
|
|
09600SB0642ham008 |
- 9 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| community. Revenues from the development fund account may be | 2 |
| withdrawn by
the University for the purpose of demolition and | 3 |
| the processes associated with
demolition; routine land and | 4 |
| property acquisition; extension of utilities;
streetscape | 5 |
| work; landscape work; surface and structure parking; | 6 |
| sidewalks,
recreational paths, and street construction; and | 7 |
| lease and lease purchase
arrangements and the professional | 8 |
| services associated with the planning and
development of the | 9 |
| area. Moneys from the development fund account used for any
| 10 |
| other purpose must be deposited into and appropriated from the | 11 |
| General Revenue
Fund. Buildings or facilities leased to
an
| 12 |
| entity
or person other than the University shall not be subject | 13 |
| to any limitations
applicable to a State supported college or | 14 |
| university under any law. All
development on the land and all | 15 |
| use of any buildings or facilities shall be
subject to the | 16 |
| control and approval of the Board of Trustees.
| 17 |
| (c) The Board of Trustees shall have the power to borrow | 18 |
| money, as necessary, from time to time in anticipation of | 19 |
| receiving tuition, payments from the State of Illinois, or | 20 |
| other revenues or receipts of the University, also known as | 21 |
| anticipated moneys. The borrowing limit shall be capped at 100% | 22 |
| of the total amount of payroll and other expense vouchers | 23 |
| submitted and payable to the University for fiscal year 2010 | 24 |
| expenses, but unpaid at the State Comptroller's office. Prior | 25 |
| to borrowing any funds, the University shall request from the | 26 |
| Comptroller's office a verification of the borrowing limit and |
|
|
|
09600SB0642ham008 |
- 10 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| shall include the estimated date on which such borrowing shall | 2 |
| occur. The borrowing limit cap shall be verified by State | 3 |
| Comptroller's office not prior to 45 days before any estimated | 4 |
| date for executing any promissory note or line of credit | 5 |
| established under this subsection (c). The principal amount | 6 |
| borrowed under a promissory note or line of credit shall not | 7 |
| exceed 75% of the borrowing limit. Within 15 days after | 8 |
| borrowing funds under any promissory note or line of credit | 9 |
| established under this subsection (c), the University shall | 10 |
| submit to the Governor's Office of Management and Budget, the | 11 |
| Speaker of the House of Representatives, the Minority Leader of | 12 |
| the House of Representatives, the President of the Senate, and | 13 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 14 |
| Management Plan. The Emergency Short Term Cash Management Plan | 15 |
| shall outline the amount borrowed, the terms for repayment, the | 16 |
| amount of outstanding State vouchers as verified by the State | 17 |
| Comptroller's office, and the University's plan for | 18 |
| expenditure of any borrowed funds, including, but not limited | 19 |
| to, a detailed plan to meet payroll obligations to include | 20 |
| collective bargaining employees, civil service employees, and | 21 |
| academic, research, and health care personnel. The | 22 |
| establishment of any promissory note or line of credit | 23 |
| established under this subsection (c) must be finalized within | 24 |
| 90 days after the effective date of this amendatory Act of the | 25 |
| 96th General Assembly. The borrowed moneys shall be applied to | 26 |
| the purposes of paying salaries and other expenses lawfully |
|
|
|
09600SB0642ham008 |
- 11 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| authorized in the University's State appropriation and unpaid | 2 |
| by the State Comptroller. Any line of credit established under | 3 |
| this subsection (c) shall be paid in full one year after | 4 |
| creation or within 10 days after the date the University | 5 |
| receives reimbursement from the State for all submitted fiscal | 6 |
| year 2010 vouchers, whichever is earlier. Any promissory note | 7 |
| established under this subsection (c) shall be repaid within | 8 |
| one year after issuance of the note. The Chairman, Comptroller, | 9 |
| or Treasurer of the Board shall execute a promissory note or | 10 |
| similar debt instrument to evidence the indebtedness incurred | 11 |
| by the borrowing. In connection with a borrowing, the Board may | 12 |
| establish a line of credit with a financial institution, | 13 |
| investment bank, or broker/dealer.
The obligation to make the | 14 |
| payments due under any promissory note or line of credit | 15 |
| established under this subsection (c) shall be a lawful | 16 |
| obligation of the University payable from the anticipated | 17 |
| moneys. Any borrowing under this subsection (c) shall not | 18 |
| constitute a debt, legal or moral, of the State and shall not | 19 |
| be enforceable against the State. The promissory note or line | 20 |
| of credit shall be authorized by a resolution passed by the | 21 |
| Board and shall be valid whether or not a budgeted item with | 22 |
| respect to that resolution is included in any annual or | 23 |
| supplemental budget adopted by the Board. The resolution shall | 24 |
| set forth facts demonstrating the need for the borrowing, state | 25 |
| an amount that the amount to be borrowed will not exceed, and | 26 |
| establish a maximum interest rate limit not to exceed the |
|
|
|
09600SB0642ham008 |
- 12 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| maximum rate authorized by the Bond Authorization Act or 9%, | 2 |
| whichever is less. The resolution may direct the Comptroller or | 3 |
| Treasurer of the Board to make arrangements to set apart and | 4 |
| hold the portion of the anticipated moneys, as received, that | 5 |
| shall be used to repay the borrowing, subject to any prior | 6 |
| pledges or restrictions with respect to the anticipated moneys. | 7 |
| The resolution may also authorize the Treasurer of the Board to | 8 |
| make partial repayments of the borrowing as the anticipated | 9 |
| moneys become available and may contain any other terms, | 10 |
| restrictions, or limitations not inconsistent with the powers | 11 |
| of the Board. | 12 |
| For the purposes of this subsection (c), "financial | 13 |
| institution" means any bank subject to the Illinois Banking | 14 |
| Act, any savings and loan association subject to the Illinois | 15 |
| Savings and Loan Act of 1985, and any federally chartered | 16 |
| commercial bank or savings and loan association or | 17 |
| government-sponsored enterprise organized and operated in this | 18 |
| State pursuant to the laws of the United States. | 19 |
| (Source: P.A. 93-423, eff. 8-5-03; 94-1055, eff. 1-1-07.)
| 20 |
| Section 10. The Southern Illinois University Management | 21 |
| Act is amended by changing Section 8 as follows: | 22 |
| (110 ILCS 520/8) (from Ch. 144, par. 658) | 23 |
| Sec. 8. Powers and Duties of the Board. The Board shall | 24 |
| have power and
it shall be its duty: |
|
|
|
09600SB0642ham008 |
- 13 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| 1. To make rules, regulations and by-laws, not | 2 |
| inconsistent with
law, for the government and management of | 3 |
| Southern Illinois University
and its branches; | 4 |
| 2. To employ, and, for good cause, to remove a | 5 |
| president of Southern
Illinois University, and all | 6 |
| necessary deans, professors, associate
professors, | 7 |
| assistant professors, instructors, and other educational | 8 |
| and
administrative assistants, and all other necessary | 9 |
| employees, and
contract with them upon matters relating to | 10 |
| tenure, salaries and
retirement benefits in accordance | 11 |
| with the State Universities Civil Service
Act; the Board | 12 |
| shall, upon the written request of an employee of Southern
| 13 |
| Illinois University, withhold from the compensation of | 14 |
| that employee any
dues, payments or contributions payable | 15 |
| by such employee to any labor
organization as defined in | 16 |
| the Illinois Educational Labor Relations Act.
Under such | 17 |
| arrangement, an amount shall be withheld from each regular
| 18 |
| payroll period which is equal to the pro rata share of the | 19 |
| annual dues plus
any payments or contributions, and the | 20 |
| Board shall transmit such withholdings
to the specified | 21 |
| labor organization within 10 working days from the time
of | 22 |
| the withholding. Whenever the Board establishes a search | 23 |
| committee to
fill the position of president of Southern | 24 |
| Illinois University, there shall
be minority | 25 |
| representation, including women, on that search committee; | 26 |
| 3. To prescribe the course of study to be followed, and |
|
|
|
09600SB0642ham008 |
- 14 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| textbooks
and apparatus to be used at Southern Illinois | 2 |
| University; | 3 |
| 4. To issue upon the recommendation of the faculty, | 4 |
| diplomas to such
persons as have satisfactorily completed | 5 |
| the required studies of
Southern Illinois University, and | 6 |
| confer such professional and literary
degrees as are | 7 |
| usually conferred by other institutions of like character
| 8 |
| for similar or equivalent courses of study, or such as the | 9 |
| Board may
deem appropriate; | 10 |
| 5. To examine into the conditions, management, and | 11 |
| administration of
Southern Illinois University, to provide | 12 |
| the requisite buildings,
apparatus, equipment and | 13 |
| auxiliary enterprises, and to fix and collect
| 14 |
| matriculation fees; tuition fees; fees for student | 15 |
| activities; fees for
student facilities such as student | 16 |
| union buildings or field houses or
stadium or other | 17 |
| recreational facilities; student welfare fees;
laboratory | 18 |
| fees and similar fees for supplies and material; | 19 |
| 6. To succeed to and to administer all trusts, trust | 20 |
| property, and
gifts now or hereafter belonging or | 21 |
| pertaining to Southern Illinois
University; | 22 |
| 7. To accept endowments of professorships or | 23 |
| departments in the
University from any person who may | 24 |
| proffer them and, at regular
meetings, to prescribe rules | 25 |
| and regulations in relation to endowments
and declare on | 26 |
| what general principles they may be accepted; |
|
|
|
09600SB0642ham008 |
- 15 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| 8. To enter into contracts with the Federal government | 2 |
| for providing
courses of instruction and other services at | 3 |
| Southern Illinois
University for persons serving in or with | 4 |
| the military or naval forces
of the United States, and to | 5 |
| provide such courses of instruction and
other services; | 6 |
| 9. To provide for the receipt and expenditures of | 7 |
| Federal funds,
paid to the Southern Illinois University by | 8 |
| the Federal government for
instruction and other services | 9 |
| for persons serving in or with the
military or naval forces | 10 |
| of the United States and to provide for audits
of such | 11 |
| funds; | 12 |
| 10. To appoint, subject to the applicable civil service | 13 |
| law, persons
to be members of the Southern Illinois | 14 |
| University Police Department.
Members of the Police | 15 |
| Department shall be conservators of the peace and
as such | 16 |
| have all powers possessed by policemen in cities, and | 17 |
| sheriffs,
including the power to make arrests on view or | 18 |
| warrants of violations of
state statutes, university rules | 19 |
| and regulations and city or county
ordinances, except that | 20 |
| they may exercise such powers only within
counties wherein | 21 |
| the university and any of its branches or properties
are | 22 |
| located when such is required for the protection of | 23 |
| university
properties and interests, and its students and | 24 |
| personnel, and otherwise,
within such counties, when | 25 |
| requested by appropriate State
or local law enforcement | 26 |
| officials. However, such officers shall have no
power to |
|
|
|
09600SB0642ham008 |
- 16 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| serve and execute civil processes. | 2 |
| The Board must authorize to each member of the Southern | 3 |
| Illinois University
Police
Department
and to any other | 4 |
| employee of Southern Illinois University exercising the | 5 |
| powers
of a peace officer
a distinct badge
that, on its | 6 |
| face, (i) clearly states that the badge is authorized by | 7 |
| Southern
Illinois
University and
(ii) contains a unique | 8 |
| identifying number. No other badge shall be authorized
by | 9 |
| Southern Illinois University. | 10 |
| 10.5.
To conduct health care programs in furtherance of | 11 |
| its teaching, research, and public service functions, | 12 |
| which shall include without limitation patient and | 13 |
| ancillary facilities, institutes, clinics, or offices | 14 |
| owned, leased, or purchased through an equity interest by | 15 |
| the Board or its appointed designee to carry out such | 16 |
| activities in the course of or in support of the Board's | 17 |
| academic, clinical, and public service responsibilities.
| 18 |
| 11. To administer a plan or plans established by the | 19 |
| clinical faculty
of the School of Medicine for the billing, | 20 |
| collection and disbursement of
charges for services | 21 |
| performed
in the course of or in support of the faculty's | 22 |
| academic responsibilities,
provided that such plan has | 23 |
| been first approved by Board action. All such
collections | 24 |
| shall be deposited into a special fund or funds | 25 |
| administered
by the Board from which disbursements may be | 26 |
| made according to the provisions
of said plan. The |
|
|
|
09600SB0642ham008 |
- 17 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| reasonable costs incurred, by the University, | 2 |
| administering
the billing, collection and disbursement | 3 |
| provisions of a plan shall have
first priority for payment | 4 |
| before distribution or disbursement for any other
purpose. | 5 |
| Audited financial statements of the plan or plans must be | 6 |
| provided to the Legislative Audit
Commission annually. | 7 |
| The Board of Trustees may own, operate, or govern, by | 8 |
| or through the School
of Medicine, a managed care community | 9 |
| network established under subsection
(b)
of Section 5-11 of | 10 |
| the Illinois Public Aid Code. | 11 |
| 12. The Board of Trustees may, directly or in | 12 |
| cooperation with other
institutions of higher education, | 13 |
| acquire by purchase or lease or
otherwise, and construct, | 14 |
| enlarge, improve, equip, complete, operate,
control and | 15 |
| manage medical research and high technology parks, | 16 |
| together
with the necessary lands, buildings, facilities, | 17 |
| equipment, and personal
property therefor, to encourage | 18 |
| and facilitate (a) the location and
development of business | 19 |
| and industry in the State of Illinois, and (b) the
| 20 |
| increased application and development of technology and | 21 |
| (c) the improvement
and development of the State's economy. | 22 |
| The Board of Trustees may lease to
nonprofit corporations | 23 |
| all or any part of the land, buildings, facilities,
| 24 |
| equipment or other property included in a medical research | 25 |
| and high
technology park upon such terms and conditions as | 26 |
| the Board of Trustees may
deem advisable and enter into any |
|
|
|
09600SB0642ham008 |
- 18 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| contract or agreement with such nonprofit
corporations as | 2 |
| may be necessary or suitable for the construction,
| 3 |
| financing, operation and maintenance and management of any | 4 |
| such park; and
may lease to any person, firm, partnership | 5 |
| or corporation, either public or
private, any part or all | 6 |
| of the land, building, facilities, equipment or
other | 7 |
| property of such park for such purposes and upon such
| 8 |
| rentals, terms and conditions as the Board of Trustees may | 9 |
| deem advisable; and
may finance all or part of the cost of | 10 |
| any such park, including the purchase,
lease, | 11 |
| construction, reconstruction, improvement, remodeling, | 12 |
| addition to,
and extension and maintenance of all or part | 13 |
| of such high technology park,
and all equipment and | 14 |
| furnishings, by legislative appropriations, government
| 15 |
| grants, contracts, private gifts, loans, receipts from the | 16 |
| operation of
such high technology park, rentals and similar | 17 |
| receipts; and may make its
other facilities and services | 18 |
| available to tenants or other occupants of
any such park at | 19 |
| rates which are reasonable and appropriate. | 20 |
| 13. To borrow money, as necessary, from time to time in | 21 |
| anticipation of receiving tuition, payments from the State | 22 |
| of Illinois, or other revenues or receipts of the | 23 |
| University, also known as anticipated moneys. The | 24 |
| borrowing limit shall be capped at 100% of the total amount | 25 |
| of payroll and other expense vouchers submitted and payable | 26 |
| to the University for fiscal year 2010 expenses, but unpaid |
|
|
|
09600SB0642ham008 |
- 19 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| at the State Comptroller's office. Prior to borrowing any | 2 |
| funds, the University shall request from the Comptroller's | 3 |
| office a verification of the borrowing limit and shall | 4 |
| include the estimated date on which such borrowing shall | 5 |
| occur. The borrowing limit cap shall be verified by State | 6 |
| Comptroller's office not prior to 45 days before any | 7 |
| estimated date for executing any promissory note or line of | 8 |
| credit established under this item 13. The principal amount | 9 |
| borrowed under a promissory note or line of credit shall | 10 |
| not exceed 75% of the borrowing limit. Within 15 days after | 11 |
| borrowing funds under any promissory note or line of credit | 12 |
| established under this item 13, the University shall submit | 13 |
| to the Governor's Office of Management and Budget, the | 14 |
| Speaker of the House of Representatives, the Minority | 15 |
| Leader of the House of Representatives, the President of | 16 |
| the Senate, and Minority Leader of the Senate, an Emergency | 17 |
| Short Term Cash Management Plan. The Emergency Short Term | 18 |
| Cash Management Plan shall outline the amount borrowed, the | 19 |
| terms for repayment, the amount of outstanding State | 20 |
| vouchers as verified by the State Comptroller's office, and | 21 |
| the University's plan for expenditure of any borrowed | 22 |
| funds, including, but not limited to, a detailed plan to | 23 |
| meet payroll obligations to include collective bargaining | 24 |
| employees, civil service employees, and academic, | 25 |
| research, and health care personnel. The establishment of | 26 |
| any promissory note or line of credit established under |
|
|
|
09600SB0642ham008 |
- 20 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| this item 13 must be finalized within 90 days after the | 2 |
| effective date of this amendatory Act of the 96th General | 3 |
| Assembly. The borrowed moneys shall be applied to the | 4 |
| purposes of paying salaries and other expenses lawfully | 5 |
| authorized in the University's State appropriation and | 6 |
| unpaid by the State Comptroller. Any line of credit | 7 |
| established under this item 13 shall be paid in full one | 8 |
| year after creation or within 10 days after the date the | 9 |
| University receives reimbursement from the State for all | 10 |
| submitted fiscal year 2010 vouchers, whichever is earlier. | 11 |
| Any promissory note established under this item (13) shall | 12 |
| be repaid within one year after issuance of the note. The | 13 |
| Chairman, Comptroller, or Treasurer of the Board shall | 14 |
| execute a promissory note or similar debt instrument to | 15 |
| evidence the indebtedness incurred by the borrowing. In | 16 |
| connection with a borrowing, the Board may establish a line | 17 |
| of credit with a financial institution, investment bank, or | 18 |
| broker/dealer.
The obligation to make the payments due | 19 |
| under any promissory note or line of credit established | 20 |
| under this item 13 shall be a lawful obligation of the | 21 |
| University payable from the anticipated moneys. Any | 22 |
| borrowing under this item 13 shall not constitute a debt, | 23 |
| legal or moral, of the State and shall not be enforceable | 24 |
| against the State. The promissory note or line of credit | 25 |
| shall be authorized by a resolution passed by the Board and | 26 |
| shall be valid whether or not a budgeted item with respect |
|
|
|
09600SB0642ham008 |
- 21 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| to that resolution is included in any annual or | 2 |
| supplemental budget adopted by the Board. The resolution | 3 |
| shall set forth facts demonstrating the need for the | 4 |
| borrowing, state an amount that the amount to be borrowed | 5 |
| will not exceed, and establish a maximum interest rate | 6 |
| limit not to exceed the maximum rate authorized by the Bond | 7 |
| Authorization Act or 9%, whichever is less. The resolution | 8 |
| may direct the Comptroller or Treasurer of the Board to | 9 |
| make arrangements to set apart and hold the portion of the | 10 |
| anticipated moneys, as received, that shall be used to | 11 |
| repay the borrowing, subject to any prior pledges or | 12 |
| restrictions with respect to the anticipated moneys. The | 13 |
| resolution may also authorize the Treasurer of the Board to | 14 |
| make partial repayments of the borrowing as the anticipated | 15 |
| moneys become available and may contain any other terms, | 16 |
| restrictions, or limitations not inconsistent with the | 17 |
| powers of the Board. | 18 |
| For the purposes of this item 13, "financial | 19 |
| institution" means any bank subject to the Illinois Banking | 20 |
| Act, any savings and loan association subject to the | 21 |
| Illinois Savings and Loan Act of 1985, and any federally | 22 |
| chartered commercial bank or savings and loan association | 23 |
| or government-sponsored enterprise organized and operated | 24 |
| in this State pursuant to the laws of the United States. | 25 |
| The powers of the Board as herein designated are subject to | 26 |
| the Board
of Higher Education Act. |
|
|
|
09600SB0642ham008 |
- 22 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| (Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.) | 2 |
| Section 15. The Chicago State University Law is amended by | 3 |
| changing Section 5-45 as follows:
| 4 |
| (110 ILCS 660/5-45)
| 5 |
| Sec. 5-45. Powers and duties. The Board also shall have | 6 |
| power and
it shall be its duty:
| 7 |
| (1) To make rules, regulations and bylaws, not inconsistent | 8 |
| with
law, for the government and management of Chicago State | 9 |
| University
and its branches;
| 10 |
| (2) To employ, and, for good cause, to remove a President | 11 |
| of Chicago State
University, and all necessary deans, | 12 |
| professors, associate
professors, assistant professors, | 13 |
| instructors, other educational and
administrative assistants, | 14 |
| and all other necessary employees, and to prescribe
their | 15 |
| duties and contract with them upon matters relating to tenure, | 16 |
| salaries
and
retirement benefits in accordance with
the State | 17 |
| Universities Civil Service Act. Whenever the Board establishes | 18 |
| a
search committee to fill the position of President of Chicago | 19 |
| State University,
there shall be minority representation, | 20 |
| including women, on that search
committee. The
Board shall, | 21 |
| upon the written request
of an employee of Chicago State | 22 |
| University, withhold from the compensation
of that employee any | 23 |
| dues, payments or contributions payable by such employee
to any | 24 |
| labor organization as defined in the Illinois Educational Labor
|
|
|
|
09600SB0642ham008 |
- 23 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| Relations
Act. Under such arrangement, an amount shall be | 2 |
| withheld from each regular
payroll period which is equal to the | 3 |
| pro rata share of the annual dues plus
any payments or | 4 |
| contributions, and the Board shall transmit such withholdings
| 5 |
| to the specified labor organization within 10 working days from | 6 |
| the time
of the withholding;
| 7 |
| (3) To prescribe the courses of study to be followed, and | 8 |
| textbooks
and apparatus to be used at Chicago State University;
| 9 |
| (4) To issue upon the recommendation of the faculty, | 10 |
| diplomas to such
persons as have satisfactorily completed the | 11 |
| required studies of
Chicago State University, and confer such | 12 |
| professional and literary
degrees as are usually conferred by | 13 |
| other institutions of like character
for similar or equivalent | 14 |
| courses of study, or such as the Board may
deem appropriate;
| 15 |
| (5) To examine into the conditions, management, and | 16 |
| administration of
Chicago State University, to provide the | 17 |
| requisite buildings,
apparatus, equipment and auxiliary | 18 |
| enterprises, and to fix and collect
matriculation fees; tuition | 19 |
| fees; fees for student activities; fees for
student facilities | 20 |
| such as student union buildings or field houses or
stadia or | 21 |
| other recreational facilities; student welfare fees;
| 22 |
| laboratory fees; and similar fees for supplies and materials.
| 23 |
| The expense of the building, improving, repairing and supplying | 24 |
| fuel and
furniture and the necessary appliances and apparatus | 25 |
| for conducting Chicago
State
University, the reimbursed | 26 |
| expenses of members of the Board, and the
salaries or |
|
|
|
09600SB0642ham008 |
- 24 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| compensation of the President, assistants, agents and other
| 2 |
| employees of Chicago State University, shall be a charge upon | 3 |
| the State
Treasury. All
other expenses shall be chargeable | 4 |
| against students, and the Board shall
regulate the charges | 5 |
| accordingly;
| 6 |
| (6) To succeed to and to administer all trusts, trust | 7 |
| property, and
gifts now or hereafter belonging or pertaining to | 8 |
| Chicago State
University;
| 9 |
| (7) To accept endowments of professorships or departments | 10 |
| in Chicago State
University from any person who may proffer | 11 |
| them and, at regular
meetings, to prescribe rules and | 12 |
| regulations in relation to endowments
and declare on what | 13 |
| general principles they may be accepted;
| 14 |
| (8) To enter into contracts with the Federal government for | 15 |
| providing
courses of instruction and other services at Chicago | 16 |
| State
University for persons serving in or with the military or | 17 |
| naval forces
of the United States, and to provide such courses | 18 |
| of instruction and
other services;
| 19 |
| (9) To contract with respect to the Cooperative Computer | 20 |
| Center to obtain
services related to electronic data | 21 |
| processing;
| 22 |
| (10) To provide for the receipt and expenditures of Federal | 23 |
| funds
paid to Chicago State University by the Federal | 24 |
| government for
instruction and other services for persons | 25 |
| serving in or with the
military or naval forces of the United | 26 |
| States, and to provide for audits
of such funds;
|
|
|
|
09600SB0642ham008 |
- 25 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| (11) To appoint, subject to the applicable civil service | 2 |
| law, persons
to be members of the Chicago State University | 3 |
| Police Department.
Members of the Police Department shall be | 4 |
| conservators of the peace and
as such have all powers possessed | 5 |
| by policemen in cities, and sheriffs,
including the power to | 6 |
| make arrests on view or warrants of violations of
State | 7 |
| statutes, University rules and regulations and city or county
| 8 |
| ordinances, except that they may exercise such powers only | 9 |
| within
counties wherein Chicago State University and any of its | 10 |
| branches or properties
are located when such is required for | 11 |
| the protection of University
properties and interests, and its | 12 |
| students and personnel, and otherwise,
within such counties, | 13 |
| when requested by appropriate State
or local law enforcement | 14 |
| officials. However, such officers shall have no
power to serve | 15 |
| and execute civil processes.
| 16 |
| The Board must authorize to each member of the Chicago | 17 |
| State University
Police
Department
and to any other employee of | 18 |
| Chicago State University exercising the powers
of a peace | 19 |
| officer
a distinct badge
that, on its face, (i) clearly states | 20 |
| that the badge is authorized by Chicago
State
University and
| 21 |
| (ii) contains a unique identifying number on its face.
No other | 22 |
| badge shall be authorized by
Chicago State University;
| 23 |
| (12) The Board may, directly or in cooperation with other | 24 |
| institutions
of higher education, acquire by purchase or lease | 25 |
| or otherwise, and construct,
enlarge, improve, equip, | 26 |
| complete, operate, control and manage research
and high |
|
|
|
09600SB0642ham008 |
- 26 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| technology parks, together with the necessary lands, | 2 |
| buildings,
facilities, equipment, and personal property | 3 |
| therefor,
to encourage and facilitate (i) the location and | 4 |
| development of business
and industry in the State of Illinois, | 5 |
| and (ii) the increased application
and development of | 6 |
| technology, and (iii) the improvement and development of
the | 7 |
| State's economy. The Board may lease to nonprofit corporations
| 8 |
| all or any part
of the land, buildings, facilities, equipment | 9 |
| or other property included
in a research and high technology | 10 |
| park upon such terms and conditions
as the Board may deem | 11 |
| advisable and enter into any contract or
agreement with such | 12 |
| nonprofit corporations as may be necessary or suitable
for the | 13 |
| construction, financing, operation and maintenance and | 14 |
| management
of any such park; and may lease to any person, firm, | 15 |
| partnership or
corporation,
either public or private, any part | 16 |
| or all of the land, building, facilities,
equipment or other | 17 |
| property of such park for such purposes and upon such
rentals, | 18 |
| terms and conditions as the Board may deem advisable; and
may | 19 |
| finance all or part of the cost of any such park, including the | 20 |
| purchase,
lease, construction, reconstruction, improvement, | 21 |
| remodeling, addition to,
and extension and maintenance of all | 22 |
| or part of such high technology park,
and all equipment and | 23 |
| furnishings, by legislative appropriations, government
grants, | 24 |
| contracts, private gifts, loans, receipts from the operation of
| 25 |
| such high technology park, rentals and similar receipts; and | 26 |
| may make its
other facilities and services available to tenants |
|
|
|
09600SB0642ham008 |
- 27 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| or other occupants of
any such park at rates which are | 2 |
| reasonable and appropriate ; .
| 3 |
| (13) To borrow money, as necessary, from time to time in | 4 |
| anticipation of receiving tuition, payments from the State of | 5 |
| Illinois, or other revenues or receipts of the University, also | 6 |
| known as anticipated moneys. The borrowing limit shall be | 7 |
| capped at 100% of the total amount of payroll and other expense | 8 |
| vouchers submitted and payable to the University for fiscal | 9 |
| year 2010 expenses, but unpaid at the State Comptroller's | 10 |
| office. Prior to borrowing any funds, the University shall | 11 |
| request from the Comptroller's office a verification of the | 12 |
| borrowing limit and shall include the estimated date on which | 13 |
| such borrowing shall occur. The borrowing limit cap shall be | 14 |
| verified by State Comptroller's office not prior to 45 days | 15 |
| before any estimated date for executing any promissory note or | 16 |
| line of credit established under this item (13). The principal | 17 |
| amount borrowed under a promissory note or line of credit shall | 18 |
| not exceed 75% of the borrowing limit. Within 15 days after | 19 |
| borrowing funds under any promissory note or line of credit | 20 |
| established under this item (13), the University shall submit | 21 |
| to the Governor's Office of Management and Budget, the Speaker | 22 |
| of the House of Representatives, the Minority Leader of the | 23 |
| House of Representatives, the President of the Senate, and | 24 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 25 |
| Management Plan. The Emergency Short Term Cash Management Plan | 26 |
| shall outline the amount borrowed, the terms for repayment, the |
|
|
|
09600SB0642ham008 |
- 28 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| amount of outstanding State vouchers as verified by the State | 2 |
| Comptroller's office, and the University's plan for | 3 |
| expenditure of any borrowed funds, including, but not limited | 4 |
| to, a detailed plan to meet payroll obligations to include | 5 |
| collective bargaining employees, civil service employees, and | 6 |
| academic, research, and health care personnel. The | 7 |
| establishment of any promissory note or line of credit | 8 |
| established under this item (13) must be finalized within 90 | 9 |
| days after the effective date of this amendatory Act of the | 10 |
| 96th General Assembly. The borrowed moneys shall be applied to | 11 |
| the purposes of paying salaries and other expenses lawfully | 12 |
| authorized in the University's State appropriation and unpaid | 13 |
| by the State Comptroller. Any line of credit established under | 14 |
| this item (13) shall be paid in full one year after creation or | 15 |
| within 10 days after the date the University receives | 16 |
| reimbursement from the State for all submitted fiscal year 2010 | 17 |
| vouchers, whichever is earlier. Any promissory note | 18 |
| established under this item (13) shall be repaid within one | 19 |
| year after issuance of the note. The Chairman, Comptroller, or | 20 |
| Treasurer of the Board shall execute a promissory note or | 21 |
| similar debt instrument to evidence the indebtedness incurred | 22 |
| by the borrowing. In connection with a borrowing, the Board may | 23 |
| establish a line of credit with a financial institution, | 24 |
| investment bank, or broker/dealer.
The obligation to make the | 25 |
| payments due under any promissory note or line of credit | 26 |
| established under this item (13) shall be a lawful obligation |
|
|
|
09600SB0642ham008 |
- 29 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| of the University payable from the anticipated moneys. Any | 2 |
| borrowing under this item (13) shall not constitute a debt, | 3 |
| legal or moral, of the State and shall not be enforceable | 4 |
| against the State. The promissory note or line of credit shall | 5 |
| be authorized by a resolution passed by the Board and shall be | 6 |
| valid whether or not a budgeted item with respect to that | 7 |
| resolution is included in any annual or supplemental budget | 8 |
| adopted by the Board. The resolution shall set forth facts | 9 |
| demonstrating the need for the borrowing, state an amount that | 10 |
| the amount to be borrowed will not exceed, and establish a | 11 |
| maximum interest rate limit not to exceed the maximum rate | 12 |
| authorized by the Bond Authorization Act or 9%, whichever is | 13 |
| less. The resolution may direct the Comptroller or Treasurer of | 14 |
| the Board to make arrangements to set apart and hold the | 15 |
| portion of the anticipated moneys, as received, that shall be | 16 |
| used to repay the borrowing, subject to any prior pledges or | 17 |
| restrictions with respect to the anticipated moneys. The | 18 |
| resolution may also authorize the Treasurer of the Board to | 19 |
| make partial repayments of the borrowing as the anticipated | 20 |
| moneys become available and may contain any other terms, | 21 |
| restrictions, or limitations not inconsistent with the powers | 22 |
| of the Board. | 23 |
| For the purposes of this item (13), "financial institution" | 24 |
| means any bank subject to the Illinois Banking Act, any savings | 25 |
| and loan association subject to the Illinois Savings and Loan | 26 |
| Act of 1985, and any federally chartered commercial bank or |
|
|
|
09600SB0642ham008 |
- 30 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| savings and loan association or government-sponsored | 2 |
| enterprise organized and operated in this State pursuant to the | 3 |
| laws of the United States. | 4 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 5 |
| Section 20. The Eastern Illinois University Law is amended | 6 |
| by changing Section 10-45 as follows:
| 7 |
| (110 ILCS 665/10-45)
| 8 |
| Sec. 10-45. Powers and duties.
| 9 |
| (a) The Board also shall have power and
it shall be its | 10 |
| duty:
| 11 |
| (1) To make rules, regulations and bylaws, not | 12 |
| inconsistent with
law, for the government and management of | 13 |
| Eastern Illinois University
and its branches.
| 14 |
| (2) To employ, and, for good cause, to remove a | 15 |
| President of Eastern
Illinois University, and all | 16 |
| necessary deans, professors, associate
professors, | 17 |
| assistant professors, instructors, other educational and
| 18 |
| administrative assistants, and all other necessary | 19 |
| employees, and to prescribe
their duties and contract with | 20 |
| them upon matters relating to tenure, salaries
and | 21 |
| retirement benefits in accordance with
the State | 22 |
| Universities Civil Service Act. Whenever the Board | 23 |
| establishes a
search committee to fill the position of | 24 |
| President of Eastern Illinois
University, there shall be |
|
|
|
09600SB0642ham008 |
- 31 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| minority representation, including women, on that
search | 2 |
| committee. The Board shall, upon the written request
of an | 3 |
| employee of Eastern Illinois University, withhold from the | 4 |
| compensation
of that employee any dues, payments or | 5 |
| contributions payable by such employee
to any labor | 6 |
| organization as defined in the Illinois Educational Labor
| 7 |
| Relations
Act. Under such arrangement, an amount shall be | 8 |
| withheld from each regular
payroll period which is equal to | 9 |
| the pro rata share of the annual dues plus
any payments or | 10 |
| contributions, and the Board shall transmit such | 11 |
| withholdings
to the specified labor organization within 10 | 12 |
| working days from the time
of the withholding.
| 13 |
| (3) To prescribe the courses of study to be followed, | 14 |
| and textbooks
and apparatus to be used at Eastern Illinois | 15 |
| University.
| 16 |
| (4) To issue upon the recommendation of the faculty, | 17 |
| diplomas to such
persons as have satisfactorily completed | 18 |
| the required studies of
Eastern Illinois University, and | 19 |
| confer such professional and literary
degrees as are | 20 |
| usually conferred by other institutions of like character
| 21 |
| for similar or equivalent courses of study, or such as the | 22 |
| Board may
deem appropriate.
| 23 |
| (5) To examine into the conditions, management, and | 24 |
| administration of
Eastern Illinois University, to provide | 25 |
| the requisite buildings,
apparatus, equipment and | 26 |
| auxiliary enterprises, and to fix and collect
|
|
|
|
09600SB0642ham008 |
- 32 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| matriculation fees; tuition fees; fees for student | 2 |
| activities; fees for
student facilities such as student | 3 |
| union buildings or field houses or
stadia or other | 4 |
| recreational facilities; student welfare fees;
laboratory | 5 |
| fees; and similar fees for supplies and materials.
The | 6 |
| expense of the building, improving, repairing and | 7 |
| supplying fuel and
furniture and the necessary appliances | 8 |
| and apparatus for conducting Eastern
Illinois
University, | 9 |
| the reimbursed expenses of members of the Board, and the
| 10 |
| salaries or compensation of the President, assistants, | 11 |
| agents and other
employees of Eastern Illinois University, | 12 |
| shall be a charge upon the State
Treasury. All
other | 13 |
| expenses shall be chargeable against students, and the | 14 |
| Board shall
regulate the charges accordingly.
| 15 |
| (6) To succeed to and to administer all trusts, trust | 16 |
| property, and
gifts now or hereafter belonging or | 17 |
| pertaining to Eastern Illinois
University.
| 18 |
| (7) To accept endowments of professorships or | 19 |
| departments in Eastern
Illinois University from any person | 20 |
| who may proffer them and, at regular
meetings, to prescribe | 21 |
| rules and regulations in relation to endowments
and declare | 22 |
| on what general principles they may be accepted.
| 23 |
| (8) To enter into contracts with the Federal government | 24 |
| for providing
courses of instruction and other services at | 25 |
| Eastern Illinois
University for persons serving in or with | 26 |
| the military or naval forces
of the United States, and to |
|
|
|
09600SB0642ham008 |
- 33 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| provide such courses of instruction and
other services.
| 2 |
| (9) To contract with respect to the Cooperative | 3 |
| Computer Center to obtain
services related to electronic | 4 |
| data processing.
| 5 |
| (10) To provide for the receipt and expenditures of | 6 |
| Federal funds
paid to Eastern Illinois University by the | 7 |
| Federal government for
instruction and other services for | 8 |
| persons serving in or with the
military or naval forces of | 9 |
| the United States, and to provide for audits
of such funds.
| 10 |
| (11) To appoint, subject to the applicable civil | 11 |
| service law, persons
to be members of the Eastern Illinois | 12 |
| University Police Department.
Members of the Police | 13 |
| Department shall be conservators of the peace and
as such | 14 |
| have all powers possessed by policemen in cities, and | 15 |
| sheriffs,
including the power to make arrests on view or | 16 |
| warrants of violations of
State statutes, University rules | 17 |
| and regulations and city or county
ordinances, except that | 18 |
| they may exercise such powers only within
counties wherein | 19 |
| Eastern Illinois University and any of its branches or
| 20 |
| properties are located when such is required for the | 21 |
| protection of University
properties and interests, and its | 22 |
| students and personnel, and otherwise,
within such | 23 |
| counties, when requested by appropriate State
or local law | 24 |
| enforcement officials. However, such officers shall have | 25 |
| no
power to serve and execute civil processes.
| 26 |
| The Board must authorize to each member of the Eastern |
|
|
|
09600SB0642ham008 |
- 34 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| Illinois University
Police
Department
and to any other | 2 |
| employee of Eastern Illinois University exercising the | 3 |
| powers
of a peace officer
a distinct badge
that, on its | 4 |
| face, (i) clearly states that the badge is authorized by | 5 |
| Eastern
Illinois
University and
(ii) contains a unique | 6 |
| identifying number.
No other badge shall be authorized by
| 7 |
| Eastern Illinois University.
| 8 |
| (12) To borrow money, as necessary, from time to time | 9 |
| in anticipation of receiving tuition, payments from the | 10 |
| State of Illinois, or other revenues or receipts of the | 11 |
| University, also known as anticipated moneys. The | 12 |
| borrowing limit shall be capped at 100% of the total amount | 13 |
| of payroll and other expense vouchers submitted and payable | 14 |
| to the University for fiscal year 2010 expenses, but unpaid | 15 |
| at the State Comptroller's office. Prior to borrowing any | 16 |
| funds, the University shall request from the Comptroller's | 17 |
| office a verification of the borrowing limit and shall | 18 |
| include the estimated date on which such borrowing shall | 19 |
| occur. The borrowing limit cap shall be verified by State | 20 |
| Comptroller's office not prior to 45 days before any | 21 |
| estimated date for executing any promissory note or line of | 22 |
| credit established under this item (12). The principal | 23 |
| amount borrowed under a promissory note or line of credit | 24 |
| shall not exceed 75% of the borrowing limit. Within 15 days | 25 |
| after borrowing funds under any promissory note or line of | 26 |
| credit established under this item (12), the University |
|
|
|
09600SB0642ham008 |
- 35 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| shall submit to the Governor's Office of Management and | 2 |
| Budget, the Speaker of the House of Representatives, the | 3 |
| Minority Leader of the House of Representatives, the | 4 |
| President of the Senate, and Minority Leader of the Senate, | 5 |
| an Emergency Short Term Cash Management Plan. The Emergency | 6 |
| Short Term Cash Management Plan shall outline the amount | 7 |
| borrowed, the terms for repayment, the amount of | 8 |
| outstanding State vouchers as verified by the State | 9 |
| Comptroller's office, and the University's plan for | 10 |
| expenditure of any borrowed funds, including, but not | 11 |
| limited to, a detailed plan to meet payroll obligations to | 12 |
| include collective bargaining employees, civil service | 13 |
| employees, and academic, research, and health care | 14 |
| personnel. The establishment of any promissory note or line | 15 |
| of credit established under this item (12) must be | 16 |
| finalized within 90 days after the effective date of this | 17 |
| amendatory Act of the 96th General Assembly. The borrowed | 18 |
| moneys shall be applied to the purposes of paying salaries | 19 |
| and other expenses lawfully authorized in the University's | 20 |
| State appropriation and unpaid by the State Comptroller. | 21 |
| Any line of credit established under this item (12) shall | 22 |
| be paid in full one year after creation or within 10 days | 23 |
| after the date the University receives reimbursement from | 24 |
| the State for all submitted fiscal year 2010 vouchers, | 25 |
| whichever is earlier. Any promissory note established | 26 |
| under this item (12) shall be repaid within one year after |
|
|
|
09600SB0642ham008 |
- 36 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| issuance of the note. The Chairman, Comptroller, or | 2 |
| Treasurer of the Board shall execute a promissory note or | 3 |
| similar debt instrument to evidence the indebtedness | 4 |
| incurred by the borrowing. In connection with a borrowing, | 5 |
| the Board may establish a line of credit with a financial | 6 |
| institution, investment bank, or broker/dealer.
The | 7 |
| obligation to make the payments due under any promissory | 8 |
| note or line of credit established under this item (12) | 9 |
| shall be a lawful obligation of the University payable from | 10 |
| the anticipated moneys. Any borrowing under this item (12) | 11 |
| shall not constitute a debt, legal or moral, of the State | 12 |
| and shall not be enforceable against the State. The | 13 |
| promissory note or line of credit shall be authorized by a | 14 |
| resolution passed by the Board and shall be valid whether | 15 |
| or not a budgeted item with respect to that resolution is | 16 |
| included in any annual or supplemental budget adopted by | 17 |
| the Board. The resolution shall set forth facts | 18 |
| demonstrating the need for the borrowing, state an amount | 19 |
| that the amount to be borrowed will not exceed, and | 20 |
| establish a maximum interest rate limit not to exceed the | 21 |
| maximum rate authorized by the Bond Authorization Act or | 22 |
| 9%, whichever is less. The resolution may direct the | 23 |
| Comptroller or Treasurer of the Board to make arrangements | 24 |
| to set apart and hold the portion of the anticipated | 25 |
| moneys, as received, that shall be used to repay the | 26 |
| borrowing, subject to any prior pledges or restrictions |
|
|
|
09600SB0642ham008 |
- 37 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| with respect to the anticipated moneys. The resolution may | 2 |
| also authorize the Treasurer of the Board to make partial | 3 |
| repayments of the borrowing as the anticipated moneys | 4 |
| become available and may contain any other terms, | 5 |
| restrictions, or limitations not inconsistent with the | 6 |
| powers of the Board. | 7 |
| For the purposes of this item (12), "financial | 8 |
| institution" means any bank subject to the Illinois Banking | 9 |
| Act, any savings and loan association subject to the | 10 |
| Illinois Savings and Loan Act of 1985, and any federally | 11 |
| chartered commercial bank or savings and loan association | 12 |
| or government-sponsored enterprise organized and operated | 13 |
| in this State pursuant to the laws of the United States. | 14 |
| (b) The Board may, directly or in cooperation with other
| 15 |
| institutions
of higher education, acquire by purchase or lease | 16 |
| or otherwise, and construct,
enlarge, improve, equip, | 17 |
| complete, operate, control and manage research
and high | 18 |
| technology parks, together with the necessary lands, | 19 |
| buildings,
facilities, equipment, and personal property | 20 |
| therefor,
to encourage and facilitate (i) the location and | 21 |
| development of business
and industry in the State of Illinois, | 22 |
| and (ii) the increased application
and development of | 23 |
| technology, and (iii) the improvement and development of
the | 24 |
| State's economy. The Board may lease to nonprofit corporations
| 25 |
| all or any part
of the land, buildings, facilities, equipment | 26 |
| or other property included
in a research and high technology |
|
|
|
09600SB0642ham008 |
- 38 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| park upon such terms and conditions
as the Board may deem | 2 |
| advisable and enter into any contract or
agreement with such | 3 |
| nonprofit corporations as may be necessary or suitable
for the | 4 |
| construction, financing, operation and maintenance and | 5 |
| management
of any such park; and may lease to any person, firm, | 6 |
| partnership or
corporation,
either public or private, any part | 7 |
| or all of the land, building, facilities,
equipment or other | 8 |
| property of such park for such purposes and upon such
rentals, | 9 |
| terms and conditions as the Board may deem advisable; and
may | 10 |
| finance all or part of the cost of any such park, including the | 11 |
| purchase,
lease, construction, reconstruction, improvement, | 12 |
| remodeling, addition to,
and extension and maintenance of all | 13 |
| or part of such high technology park,
and all equipment and | 14 |
| furnishings, by legislative appropriations, government
grants, | 15 |
| contracts, private gifts, loans, receipts from the operation of
| 16 |
| such high technology park, rentals and similar receipts; and | 17 |
| may make its
other facilities and services available to tenants | 18 |
| or other occupants of
any such park at rates which are | 19 |
| reasonable and appropriate.
| 20 |
| (c) The Board may sell the following described property | 21 |
| without compliance
with
the State Property Control Act and | 22 |
| retain the proceeds in the University
treasury in a
special, | 23 |
| separate development fund account that the Auditor General | 24 |
| shall
examine to
assure compliance with this Law:
| 25 |
| Lots 511 and 512 in Heritage Woods V, Charleston, Coles | 26 |
| County,
Illinois.
|
|
|
|
09600SB0642ham008 |
- 39 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| Revenues from the development fund account may be withdrawn by | 2 |
| the University
for
the purpose of upgrading the on-campus | 3 |
| formal reception facility. Moneys from
the
development fund | 4 |
| account used for any other purpose must be deposited into and
| 5 |
| appropriated from the General Revenue Fund.
| 6 |
| (Source: P.A. 91-251, eff. 7-22-99; 91-883, eff. 1-1-01.)
| 7 |
| Section 25. The Governors State University Law is amended | 8 |
| by changing Section 15-45 as follows:
| 9 |
| (110 ILCS 670/15-45)
| 10 |
| Sec. 15-45. Powers and duties. The Board also shall have | 11 |
| power and
it shall be its duty:
| 12 |
| (1) To make rules, regulations and bylaws, not inconsistent | 13 |
| with
law, for the government and management of Governors State | 14 |
| University
and its branches;
| 15 |
| (2) To employ, and, for good cause, to remove a President | 16 |
| of Governors State
University, and all necessary deans, | 17 |
| professors, associate
professors, assistant professors, | 18 |
| instructors, other educational and
administrative assistants, | 19 |
| and all other necessary employees, and to prescribe
their | 20 |
| duties and contract with them upon matters relating to tenure, | 21 |
| salaries
and retirement benefits in accordance with
the State | 22 |
| Universities Civil Service Act. Whenever the Board establishes | 23 |
| a
search committee to fill the position of President of | 24 |
| Governors State
University, there shall be minority |
|
|
|
09600SB0642ham008 |
- 40 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| representation, including women, on that
search committee. The | 2 |
| Board shall, upon the written request
of an employee of | 3 |
| Governors State University, withhold from the compensation
of | 4 |
| that employee any dues, payments or contributions payable by | 5 |
| such employee
to any labor organization as defined in the | 6 |
| Illinois Educational Labor
Relations
Act. Under such | 7 |
| arrangement, an amount shall be withheld from each regular
| 8 |
| payroll period which is equal to the pro rata share of the | 9 |
| annual dues plus
any payments or contributions, and the Board | 10 |
| shall transmit such withholdings
to the specified labor | 11 |
| organization within 10 working days from the time
of the | 12 |
| withholding;
| 13 |
| (3) To prescribe the courses of study to be followed, and | 14 |
| textbooks
and apparatus to be used at Governors State | 15 |
| University;
| 16 |
| (4) To issue upon the recommendation of the faculty, | 17 |
| diplomas to such
persons as have satisfactorily completed the | 18 |
| required studies of
Governors State University, and confer such | 19 |
| professional and literary
degrees as are usually conferred by | 20 |
| other institutions of like character
for similar or equivalent | 21 |
| courses of study, or such as the Board may
deem appropriate;
| 22 |
| (5) To examine into the conditions, management, and | 23 |
| administration of
Governors State University, to provide the | 24 |
| requisite buildings,
apparatus, equipment and auxiliary | 25 |
| enterprises, and to fix and collect
matriculation fees; tuition | 26 |
| fees; fees for student activities; fees for
student facilities |
|
|
|
09600SB0642ham008 |
- 41 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| such as student union buildings or field houses or
stadia or | 2 |
| other recreational facilities; student welfare fees;
| 3 |
| laboratory fees; and similar fees for supplies and materials.
| 4 |
| The expense of the building, improving, repairing and supplying | 5 |
| fuel and
furniture and the necessary appliances and apparatus | 6 |
| for conducting Governors
State University, the reimbursed | 7 |
| expenses of members of the Board, and the
salaries or | 8 |
| compensation of the President, assistants, agents and other
| 9 |
| employees of Governors State University, shall be a charge upon | 10 |
| the State
Treasury. All
other expenses shall be chargeable | 11 |
| against students, and the Board shall
regulate the charges | 12 |
| accordingly;
| 13 |
| (6) To succeed to and to administer all trusts, trust | 14 |
| property, and
gifts now or hereafter belonging or pertaining to | 15 |
| Governors State
University;
| 16 |
| (7) To accept endowments of professorships or departments | 17 |
| in Governors State
University from any person who may proffer | 18 |
| them and, at regular
meetings, to prescribe rules and | 19 |
| regulations in relation to endowments
and declare on what | 20 |
| general principles they may be accepted;
| 21 |
| (8) To enter into contracts with the Federal government for | 22 |
| providing
courses of instruction and other services at | 23 |
| Governors State
University for persons serving in or with the | 24 |
| military or naval forces
of the United States, and to provide | 25 |
| such courses of instruction and
other services;
| 26 |
| (9) To operate, maintain, and contract with respect to the |
|
|
|
09600SB0642ham008 |
- 42 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| Cooperative
Computer Center for its own purposes and to provide | 2 |
| services related to
electronic data processing to other public | 3 |
| and private colleges and
universities, to governmental | 4 |
| agencies, and to public or private not-for-profit
agencies; and | 5 |
| to examine
the conditions, management, and administration of | 6 |
| the Cooperative Computer
Center;
| 7 |
| (10) To provide for the receipt and expenditures of Federal | 8 |
| funds
paid to Governors State University by the Federal | 9 |
| government for
instruction and other services for persons | 10 |
| serving in or with the
military or naval forces of the United | 11 |
| States, and to provide for audits
of such funds;
| 12 |
| (11) To appoint, subject to the applicable civil service | 13 |
| law, persons
to be members of the Governors State University | 14 |
| Police Department.
Members of the Police Department shall be | 15 |
| conservators of the peace and
as such have all powers possessed | 16 |
| by policemen in cities, and sheriffs,
including the power to | 17 |
| make arrests on view or warrants of violations of
State | 18 |
| statutes, University rules and regulations and city or county
| 19 |
| ordinances, except that they may exercise such powers only | 20 |
| within
counties wherein Governors State University and any of | 21 |
| its branches or
properties are located when such is required | 22 |
| for the protection of University
properties and interests, and | 23 |
| its students and personnel, and otherwise,
within such | 24 |
| counties, when requested by appropriate State
or local law | 25 |
| enforcement officials. However, such officers shall have no
| 26 |
| power to serve and execute civil processes.
|
|
|
|
09600SB0642ham008 |
- 43 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| The Board must authorize to each member of the Governors | 2 |
| State University
Police
Department
and to any other employee of | 3 |
| Governors State University exercising the powers
of a peace | 4 |
| officer
a distinct badge
that, on its face, (i) clearly states | 5 |
| that the badge is authorized by Governors
State
University and
| 6 |
| (ii) contains a unique identifying number.
No other badge shall | 7 |
| be authorized by
Governors State University;
| 8 |
| (12) The Board may, directly or in cooperation with other | 9 |
| institutions
of higher education, acquire by purchase or lease | 10 |
| or otherwise, and construct,
enlarge, improve, equip, | 11 |
| complete, operate, control and manage research
and high | 12 |
| technology parks, together with the necessary lands, | 13 |
| buildings,
facilities, equipment, and personal property | 14 |
| therefor,
to encourage and facilitate (i) the location and | 15 |
| development of business
and industry in the State of Illinois, | 16 |
| and (ii) the increased application
and development of | 17 |
| technology, and (iii) the improvement and development of
the | 18 |
| State's economy. The Board may lease to nonprofit corporations
| 19 |
| all or any part
of the land, buildings, facilities, equipment | 20 |
| or other property included
in a research and high technology | 21 |
| park upon such terms and conditions
as the Board may deem | 22 |
| advisable and enter into any contract or
agreement with such | 23 |
| nonprofit corporations as may be necessary or suitable
for the | 24 |
| construction, financing, operation and maintenance and | 25 |
| management
of any such park; and may lease to any person, firm, | 26 |
| partnership or
corporation,
either public or private, any part |
|
|
|
09600SB0642ham008 |
- 44 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| or all of the land, building, facilities,
equipment or other | 2 |
| property of such park for such purposes and upon such
rentals, | 3 |
| terms and conditions as the Board may deem advisable; and
may | 4 |
| finance all or part of the cost of any such park, including the | 5 |
| purchase,
lease, construction, reconstruction, improvement, | 6 |
| remodeling, addition to,
and extension and maintenance of all | 7 |
| or part of such high technology park,
and all equipment and | 8 |
| furnishings, by legislative appropriations, government
grants, | 9 |
| contracts, private gifts, loans, receipts from the operation of
| 10 |
| such high technology park, rentals and similar receipts; and | 11 |
| may make its
other facilities and services available to tenants | 12 |
| or other occupants of
any such park at rates which are | 13 |
| reasonable and appropriate ; .
| 14 |
| (13) To borrow money, as necessary, from time to time in | 15 |
| anticipation of receiving tuition, payments from the State of | 16 |
| Illinois, or other revenues or receipts of the University, also | 17 |
| known as anticipated moneys. The borrowing limit shall be | 18 |
| capped at 100% of the total amount of payroll and other expense | 19 |
| vouchers submitted and payable to the University for fiscal | 20 |
| year 2010 expenses, but unpaid at the State Comptroller's | 21 |
| office. Prior to borrowing any funds, the University shall | 22 |
| request from the Comptroller's office a verification of the | 23 |
| borrowing limit and shall include the estimated date on which | 24 |
| such borrowing shall occur. The borrowing limit cap shall be | 25 |
| verified by State Comptroller's office not prior to 45 days | 26 |
| before any estimated date for executing any promissory note or |
|
|
|
09600SB0642ham008 |
- 45 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| line of credit established under this item (13). The principal | 2 |
| amount borrowed under a promissory note or line of credit shall | 3 |
| not exceed 75% of the borrowing limit. Within 15 days after | 4 |
| borrowing funds under any promissory note or line of credit | 5 |
| established under this item (13), the University shall submit | 6 |
| to the Governor's Office of Management and Budget, the Speaker | 7 |
| of the House of Representatives, the Minority Leader of the | 8 |
| House of Representatives, the President of the Senate, and | 9 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 10 |
| Management Plan. The Emergency Short Term Cash Management Plan | 11 |
| shall outline the amount borrowed, the terms for repayment, the | 12 |
| amount of outstanding State vouchers as verified by the State | 13 |
| Comptroller's office, and the University's plan for | 14 |
| expenditure of any borrowed funds, including, but not limited | 15 |
| to, a detailed plan to meet payroll obligations for all | 16 |
| collective bargaining employees, civil service employees, and | 17 |
| academic, research, and health care personnel. The | 18 |
| establishment of any promissory note or line of credit | 19 |
| established under this item (13) must be finalized within 90 | 20 |
| days after the effective date of this amendatory Act of the | 21 |
| 96th General Assembly. The borrowed moneys shall be applied to | 22 |
| the purposes of paying salaries and other expenses lawfully | 23 |
| authorized in the University's State appropriation and unpaid | 24 |
| by the State Comptroller. Any line of credit established under | 25 |
| this item (13) shall be paid in full one year after creation or | 26 |
| on such date as the University receives reimbursement from the |
|
|
|
09600SB0642ham008 |
- 46 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| State for all submitted fiscal year 2010 vouchers, whichever is | 2 |
| earlier. Any promissory note established under this item (13) | 3 |
| shall be repaid within one year after issuance of the note. The | 4 |
| Chairman, Comptroller, or Treasurer of the Board shall execute | 5 |
| a promissory note or similar debt instrument to evidence the | 6 |
| indebtedness incurred by the borrowing. In connection with a | 7 |
| borrowing, the Board may establish a line of credit with a | 8 |
| financial institution, investment bank, or broker/dealer.
The | 9 |
| obligation to make the payments due under any promissory note | 10 |
| or line of credit established under this item (13) shall be a | 11 |
| lawful obligation of the University payable from the | 12 |
| anticipated moneys. Any borrowing under this item (13) shall | 13 |
| not constitute a debt, legal or moral, of the State and shall | 14 |
| not be enforceable against the State. The line of credit shall | 15 |
| be authorized by a resolution passed by the Board and shall be | 16 |
| valid whether or not a budgeted item with respect to that | 17 |
| resolution is included in any annual or supplemental budget | 18 |
| adopted by the Board. The resolution shall set forth facts | 19 |
| demonstrating the need for the borrowing, state an amount that | 20 |
| the amount to be borrowed will not exceed, and establish a | 21 |
| maximum interest rate limit not to exceed the maximum rate | 22 |
| authorized by the Bond Authorization Act or 9%, whichever is | 23 |
| less. The resolution may direct the Comptroller or Treasurer of | 24 |
| the Board to make arrangements to set apart and hold the | 25 |
| portion of the anticipated moneys, as received, that shall be | 26 |
| used to repay the borrowing, subject to any prior pledges or |
|
|
|
09600SB0642ham008 |
- 47 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| restrictions with respect to the anticipated moneys. The | 2 |
| resolution may also authorize the Treasurer of the Board to | 3 |
| make partial repayments of the borrowing as the anticipated | 4 |
| moneys become available and may contain any other terms, | 5 |
| restrictions, or limitations not inconsistent with the powers | 6 |
| of the Board. | 7 |
| For the purposes of this item (13), "financial institution" | 8 |
| means any bank subject to the Illinois Banking Act, any savings | 9 |
| and loan association subject to the Illinois Savings and Loan | 10 |
| Act of 1985, and any federally chartered commercial bank or | 11 |
| savings and loan association or government-sponsored | 12 |
| enterprise organized and operated in this State pursuant to the | 13 |
| 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, |
|
|
|
09600SB0642ham008 |
- 48 - |
LRB096 06697 NHT 41074 a |
|
| 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 |
|
|
|
09600SB0642ham008 |
- 49 - |
LRB096 06697 NHT 41074 a |
|
| 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 |
|
|
|
09600SB0642ham008 |
- 50 - |
LRB096 06697 NHT 41074 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 |
|
|
|
09600SB0642ham008 |
- 51 - |
LRB096 06697 NHT 41074 a |
|
| 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 |
|
|
|
09600SB0642ham008 |
- 52 - |
LRB096 06697 NHT 41074 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 |
|
|
|
09600SB0642ham008 |
- 53 - |
LRB096 06697 NHT 41074 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
|
|
|
|
09600SB0642ham008 |
- 54 - |
LRB096 06697 NHT 41074 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. The borrowing limit shall be | 23 |
| capped at 100% of the total amount of payroll and other expense | 24 |
| vouchers submitted and payable to the University for fiscal | 25 |
| year 2010 expenses, but unpaid at the State Comptroller's | 26 |
| office. Prior to borrowing any funds, the University shall |
|
|
|
09600SB0642ham008 |
- 55 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| request from the Comptroller's office a verification of the | 2 |
| borrowing limit and shall include the estimated date on which | 3 |
| such borrowing shall occur. The borrowing limit cap shall be | 4 |
| verified by State Comptroller's office not prior to 45 days | 5 |
| before any estimated date for executing any promissory note or | 6 |
| line of credit established under this item (14). The principal | 7 |
| amount borrowed under a promissory note or line of credit shall | 8 |
| not exceed 75% of the borrowing limit. Within 15 days after | 9 |
| borrowing funds under any promissory note or line of credit | 10 |
| established under this item (14), the University shall submit | 11 |
| to the Governor's Office of Management and Budget, the Speaker | 12 |
| of the House of Representatives, the Minority Leader of the | 13 |
| House of Representatives, the President of the Senate, and | 14 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 15 |
| Management Plan. The Emergency Short Term Cash Management Plan | 16 |
| shall outline the amount borrowed, the terms for repayment, the | 17 |
| amount of outstanding State vouchers as verified by the State | 18 |
| Comptroller's office, and the University's plan for | 19 |
| expenditure of any borrowed funds, including, but not limited | 20 |
| to, a detailed plan to meet payroll obligations to include | 21 |
| collective bargaining employees, civil service employees, and | 22 |
| academic, research, and health care personnel. The | 23 |
| establishment of any promissory note or line of credit | 24 |
| established under this item (14) must be finalized within 90 | 25 |
| days after the effective date of this amendatory Act of the | 26 |
| 96th General Assembly. The borrowed moneys shall be applied to |
|
|
|
09600SB0642ham008 |
- 56 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| the purposes of paying salaries and other expenses lawfully | 2 |
| authorized in the University's State appropriation and unpaid | 3 |
| by the State Comptroller. Any line of credit established under | 4 |
| this item (14) shall be paid in full one year after creation or | 5 |
| within 10 days after the date the University receives | 6 |
| reimbursement from the State for all submitted fiscal year 2010 | 7 |
| vouchers, whichever is earlier. Any promissory note | 8 |
| established under this item (14) shall be repaid within one | 9 |
| year after issuance of the note. The Chairman, Comptroller, or | 10 |
| Treasurer of the Board shall execute a promissory note or | 11 |
| similar debt instrument to evidence the indebtedness incurred | 12 |
| by the borrowing. In connection with a borrowing, the Board may | 13 |
| establish a line of credit with a financial institution, | 14 |
| investment bank, or broker/dealer.
The obligation to make the | 15 |
| payments due under any promissory note or line of credit | 16 |
| established under this item (14) shall be a lawful obligation | 17 |
| of the University payable from the anticipated moneys. Any | 18 |
| borrowing under this item (14) shall not constitute a debt, | 19 |
| legal or moral, of the State and shall not be enforceable | 20 |
| against the State. The promissory note or line of credit shall | 21 |
| be authorized by a resolution passed by the Board and shall be | 22 |
| valid whether or not a budgeted item with respect to that | 23 |
| resolution is included in any annual or supplemental budget | 24 |
| adopted by the Board. The resolution shall set forth facts | 25 |
| demonstrating the need for the borrowing, state an amount that | 26 |
| the amount to be borrowed will not exceed, and establish a |
|
|
|
09600SB0642ham008 |
- 57 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| maximum interest rate limit not to exceed the maximum rate | 2 |
| authorized by the Bond Authorization Act or 9%, whichever is | 3 |
| less. The resolution may direct the Comptroller or Treasurer of | 4 |
| the Board to make arrangements to set apart and hold the | 5 |
| portion of the anticipated moneys, as received, that shall be | 6 |
| used to repay the borrowing, subject to any prior pledges or | 7 |
| restrictions with respect to the anticipated moneys. The | 8 |
| resolution may also authorize the Treasurer of the Board to | 9 |
| make partial repayments of the borrowing as the anticipated | 10 |
| moneys become available and may contain any other terms, | 11 |
| restrictions, or limitations not inconsistent with the powers | 12 |
| of the Board. | 13 |
| For the purposes of this item (14), "financial institution" | 14 |
| means any bank subject to the Illinois Banking Act, any savings | 15 |
| and loan association subject to the Illinois Savings and Loan | 16 |
| Act of 1985, and any federally chartered commercial bank or | 17 |
| savings and loan association or government-sponsored | 18 |
| enterprise organized and operated in this State pursuant to the | 19 |
| laws of the United States. | 20 |
| (Source: P.A. 91-396, eff. 7-30-99; 91-883, eff. 1-1-01.)
| 21 |
| Section 33. The Northeastern Illinois University Law is | 22 |
| amended by changing Section 25-45 as follows:
| 23 |
| (110 ILCS 680/25-45)
| 24 |
| Sec. 25-45. Powers and duties. The Board also shall have |
|
|
|
09600SB0642ham008 |
- 58 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| power and
it shall be its duty:
| 2 |
| (1) To make rules, regulations and bylaws, not inconsistent | 3 |
| with
law, for the government and management of Northeastern | 4 |
| Illinois University
and its branches;
| 5 |
| (2) To employ, and, for good cause, to remove a President | 6 |
| of Northeastern
Illinois
University, and all necessary deans, | 7 |
| professors, associate
professors, assistant professors, | 8 |
| instructors, other educational and
administrative assistants, | 9 |
| and all other necessary employees, and to prescribe
their | 10 |
| duties and contract with them upon matters relating to tenure, | 11 |
| salaries
and retirement benefits in accordance with
the State | 12 |
| Universities Civil Service Act. Whenever the Board establishes | 13 |
| a
search committee to fill the position of President of | 14 |
| Northeastern Illinois
University, there shall be minority | 15 |
| representation, including women, on that
search committee. The | 16 |
| Board shall, upon the written request
of an employee of | 17 |
| Northeastern Illinois University, withhold from the
| 18 |
| compensation
of that employee any dues, payments or | 19 |
| contributions payable by such employee
to any labor | 20 |
| organization as defined in the Illinois Educational Labor
| 21 |
| Relations
Act. Under such arrangement, an amount shall be | 22 |
| withheld from each regular
payroll period which is equal to the | 23 |
| pro rata share of the annual dues plus
any payments or | 24 |
| contributions, and the Board shall transmit such withholdings
| 25 |
| to the specified labor organization within 10 working days from | 26 |
| the time
of the withholding;
|
|
|
|
09600SB0642ham008 |
- 59 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| (3) To prescribe the courses of study to be followed, and | 2 |
| textbooks
and apparatus to be used at Northeastern Illinois | 3 |
| University;
| 4 |
| (4) To issue upon the recommendation of the faculty, | 5 |
| diplomas to such
persons as have satisfactorily completed the | 6 |
| required studies of
Northeastern Illinois University, and | 7 |
| confer such professional and literary
degrees as are usually | 8 |
| conferred by other institutions of like character
for similar | 9 |
| or equivalent courses of study, or such as the Board may
deem | 10 |
| appropriate;
| 11 |
| (5) To examine into the conditions, management, and | 12 |
| administration of
Northeastern Illinois University, to provide | 13 |
| the requisite buildings,
apparatus, equipment and auxiliary | 14 |
| enterprises, and to fix and collect
matriculation fees; tuition | 15 |
| fees; fees for student activities; fees for
student facilities | 16 |
| such as student union buildings or field houses or
stadia or | 17 |
| other recreational facilities; student welfare fees;
| 18 |
| laboratory fees; and similar fees for supplies and materials.
| 19 |
| The expense of the building, improving, repairing and supplying | 20 |
| fuel and
furniture and the necessary appliances and apparatus | 21 |
| for conducting Northeastern Illinois
University, the | 22 |
| reimbursed expenses of members of the Board, and the
salaries | 23 |
| or compensation of the President, assistants, agents and other
| 24 |
| employees of Northeastern Illinois University, shall be a | 25 |
| charge upon the State
Treasury. All
other expenses shall be | 26 |
| chargeable against students, and the Board shall
regulate the |
|
|
|
09600SB0642ham008 |
- 60 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| charges accordingly;
| 2 |
| (6) To succeed to and to administer all trusts, trust | 3 |
| property, and
gifts now or hereafter belonging or pertaining to | 4 |
| Northeastern Illinois
University;
| 5 |
| (7) To accept endowments of professorships or departments | 6 |
| in Northeastern Illinois
University from any person who may | 7 |
| proffer them and, at regular
meetings, to prescribe rules and | 8 |
| regulations in relation to endowments
and declare on what | 9 |
| general principles they may be accepted;
| 10 |
| (8) To enter into contracts with the Federal government for | 11 |
| providing
courses of instruction and other services at | 12 |
| Northeastern Illinois
University for persons serving in or with | 13 |
| the military or naval forces
of the United States, and to | 14 |
| provide such courses of instruction and
other services;
| 15 |
| (9) To contract with respect to the Cooperative Computer | 16 |
| Center to obtain
services related to electronic data | 17 |
| processing;
| 18 |
| (10) To provide for the receipt and expenditures of Federal | 19 |
| funds
paid to Northeastern Illinois University by the Federal | 20 |
| government for
instruction and other services for persons | 21 |
| serving in or with the
military or naval forces of the United | 22 |
| States, and to provide for audits
of such funds;
| 23 |
| (11) To appoint, subject to the applicable civil service | 24 |
| law, persons
to be members of the Northeastern Illinois | 25 |
| University Police Department.
Members of the Police Department | 26 |
| shall be conservators of the peace and
as such have all powers |
|
|
|
09600SB0642ham008 |
- 61 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| possessed by policemen in cities, and sheriffs,
including the | 2 |
| power to make arrests on view or warrants of violations of
| 3 |
| State statutes, University rules and regulations and city or | 4 |
| county
ordinances, except that they may exercise such powers | 5 |
| only within
counties wherein Northeastern Illinois University | 6 |
| and any of its branches or
properties
are located when such is | 7 |
| required for the protection of University
properties and | 8 |
| interests, and its students and personnel, and otherwise,
| 9 |
| within such counties, when requested by appropriate State
or | 10 |
| local law enforcement officials. However, such officers shall | 11 |
| have no
power to serve and execute civil processes.
| 12 |
| The Board must authorize to each member of the Northeastern | 13 |
| Illinois
University
Police Department
and to any other employee | 14 |
| of Northeastern Illinois University exercising the
powers
of a | 15 |
| peace officer
a distinct badge
that, on its face, (i) clearly | 16 |
| states that the badge is authorized by
Northeastern
Illinois | 17 |
| University
and (ii) contains a unique identifying number.
No | 18 |
| other badge shall be authorized by
Northeastern Illinois | 19 |
| University;
| 20 |
| (12) The Board may, directly or in cooperation with other | 21 |
| institutions
of higher education, acquire by purchase or lease | 22 |
| or otherwise, and construct,
enlarge, improve, equip, | 23 |
| complete, operate, control and manage research
and high | 24 |
| technology parks, together with the necessary lands, | 25 |
| buildings,
facilities, equipment, and personal property | 26 |
| therefor,
to encourage and facilitate (i) the location and |
|
|
|
09600SB0642ham008 |
- 62 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| development of business
and industry in the State of Illinois, | 2 |
| and (ii) the increased application
and development of | 3 |
| technology, and (iii) the improvement and development of
the | 4 |
| State's economy. The Board may lease to nonprofit corporations
| 5 |
| all or any part
of the land, buildings, facilities, equipment | 6 |
| or other property included
in a research and high technology | 7 |
| park upon such terms and conditions
as the Board may deem | 8 |
| advisable and enter into any contract or
agreement with such | 9 |
| nonprofit corporations as may be necessary or suitable
for the | 10 |
| construction, financing, operation and maintenance and | 11 |
| management
of any such park; and may lease to any person, firm, | 12 |
| partnership or
corporation,
either public or private, any part | 13 |
| or all of the land, building, facilities,
equipment or other | 14 |
| property of such park for such purposes and upon such
rentals, | 15 |
| terms and conditions as the Board may deem advisable; and
may | 16 |
| finance all or part of the cost of any such park, including the | 17 |
| purchase,
lease, construction, reconstruction, improvement, | 18 |
| remodeling, addition to,
and extension and maintenance of all | 19 |
| or part of such high technology park,
and all equipment and | 20 |
| furnishings, by legislative appropriations, government
grants, | 21 |
| contracts, private gifts, loans, receipts from the operation of
| 22 |
| such high technology park, rentals and similar receipts; and | 23 |
| may make its
other facilities and services available to tenants | 24 |
| or other occupants of
any such park at rates which are | 25 |
| reasonable and appropriate ; .
| 26 |
| (13) To borrow money, as necessary, from time to time in |
|
|
|
09600SB0642ham008 |
- 63 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| anticipation of receiving tuition, payments from the State of | 2 |
| Illinois, or other revenues or receipts of the University, also | 3 |
| known as anticipated moneys. The borrowing limit shall be | 4 |
| capped at 100% of the total amount of payroll and other expense | 5 |
| vouchers submitted and payable to the University for fiscal | 6 |
| year 2010 expenses, but unpaid at the State Comptroller's | 7 |
| office. Prior to borrowing any funds, the University shall | 8 |
| request from the Comptroller's office a verification of the | 9 |
| borrowing limit and shall include the estimated date on which | 10 |
| such borrowing shall occur. The borrowing limit cap shall be | 11 |
| verified by State Comptroller's office not prior to 45 days | 12 |
| before any estimated date for executing any promissory note or | 13 |
| line of credit established under this item (13). The principal | 14 |
| amount borrowed under a promissory note or line of credit shall | 15 |
| not exceed 75% of the borrowing limit. Within 15 days after | 16 |
| borrowing funds under any promissory note or line of credit | 17 |
| established under this item (13), the University shall submit | 18 |
| to the Governor's Office of Management and Budget, the Speaker | 19 |
| of the House of Representatives, the Minority Leader of the | 20 |
| House of Representatives, the President of the Senate, and | 21 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 22 |
| Management Plan. The Emergency Short Term Cash Management Plan | 23 |
| shall outline the amount borrowed, the terms for repayment, the | 24 |
| amount of outstanding State vouchers as verified by the State | 25 |
| Comptroller's office, and the University's plan for | 26 |
| expenditure of any borrowed funds, including, but not limited |
|
|
|
09600SB0642ham008 |
- 64 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| to, a detailed plan to meet payroll obligations to include | 2 |
| collective bargaining employees, civil service employees, and | 3 |
| academic, research, and health care personnel. The | 4 |
| establishment of any promissory note or line of credit | 5 |
| established under this item (13) must be finalized within 90 | 6 |
| days after the effective date of this amendatory Act of the | 7 |
| 96th General Assembly. The borrowed moneys shall be applied to | 8 |
| the purposes of paying salaries and other expenses lawfully | 9 |
| authorized in the University's State appropriation and unpaid | 10 |
| by the State Comptroller. Any line of credit established under | 11 |
| this item (13) shall be paid in full one year after creation or | 12 |
| within 10 days after the date the University receives | 13 |
| reimbursement from the State for all submitted fiscal year 2010 | 14 |
| vouchers, whichever is earlier. Any promissory note | 15 |
| established under this item (13) shall be repaid within one | 16 |
| year after issuance of the note. The Chairman, Comptroller, or | 17 |
| Treasurer of the Board shall execute a promissory note or | 18 |
| similar debt instrument to evidence the indebtedness incurred | 19 |
| by the borrowing. In connection with a borrowing, the Board may | 20 |
| establish a line of credit with a financial institution, | 21 |
| investment bank, or broker/dealer.
The obligation to make the | 22 |
| payments due under any promissory note or line of credit | 23 |
| established under this item (13) shall be a lawful obligation | 24 |
| of the University payable from the anticipated moneys. Any | 25 |
| borrowing under this item (13) shall not constitute a debt, | 26 |
| legal or moral, of the State and shall not be enforceable |
|
|
|
09600SB0642ham008 |
- 65 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| against the State. The promissory note or line of credit shall | 2 |
| be authorized by a resolution passed by the Board and shall be | 3 |
| valid whether or not a budgeted item with respect to that | 4 |
| resolution is included in any annual or supplemental budget | 5 |
| adopted by the Board. The resolution shall set forth facts | 6 |
| demonstrating the need for the borrowing, state an amount that | 7 |
| the amount to be borrowed will not exceed, and establish a | 8 |
| maximum interest rate limit not to exceed the maximum rate | 9 |
| authorized by the Bond Authorization Act or 9%, whichever is | 10 |
| less. The resolution may direct the Comptroller or Treasurer of | 11 |
| the Board to make arrangements to set apart and hold the | 12 |
| portion of the anticipated moneys, as received, that shall be | 13 |
| used to repay the borrowing, subject to any prior pledges or | 14 |
| restrictions with respect to the anticipated moneys. The | 15 |
| resolution may also authorize the Treasurer of the Board to | 16 |
| make partial repayments of the borrowing as the anticipated | 17 |
| moneys become available and may contain any other terms, | 18 |
| restrictions, or limitations not inconsistent with the powers | 19 |
| of the Board. | 20 |
| For the purposes of this item (13), "financial institution" | 21 |
| means any bank subject to the Illinois Banking Act, any savings | 22 |
| and loan association subject to the Illinois Savings and Loan | 23 |
| Act of 1985, and any federally chartered commercial bank or | 24 |
| savings and loan association or government-sponsored | 25 |
| enterprise organized and operated in this State pursuant to the | 26 |
| laws of the United States. |
|
|
|
09600SB0642ham008 |
- 66 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 2 |
| Section 35. The Northern Illinois University Law is amended | 3 |
| by changing Section 30-45 as follows:
| 4 |
| (110 ILCS 685/30-45)
| 5 |
| Sec. 30-45. Powers and duties. The Board also shall have | 6 |
| power and
it shall be its duty:
| 7 |
| (1) To make rules, regulations and bylaws, not inconsistent
| 8 |
| with
law, for the government and management of Northern | 9 |
| Illinois University
and its branches;
| 10 |
| (2) To employ, and, for good cause, to remove a President | 11 |
| of Northern
Illinois University, and all necessary deans, | 12 |
| professors, associate
professors, assistant professors, | 13 |
| instructors, other educational and
administrative assistants, | 14 |
| and all other necessary employees, and to prescribe
their | 15 |
| duties and contract with them upon matters relating to
tenure, | 16 |
| salaries
and retirement benefits in accordance with
the State | 17 |
| Universities Civil Service Act. Whenever the Board establishes | 18 |
| a
search committee to fill the position of President of | 19 |
| Northern Illinois
University, there shall be minority | 20 |
| representation, including women, on that
search committee. The | 21 |
| Board shall, upon the written request
of an employee of | 22 |
| Northern Illinois University, withhold from the compensation
| 23 |
| of that employee any dues, payments or contributions payable by | 24 |
| such employee
to any labor organization as defined in the |
|
|
|
09600SB0642ham008 |
- 67 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| Illinois Educational Labor
Relations
Act. Under such | 2 |
| arrangement, an amount shall be withheld from each regular
| 3 |
| payroll period which is equal to the pro rata share of the | 4 |
| annual dues plus
any payments or contributions, and the Board | 5 |
| shall transmit such withholdings
to the specified labor | 6 |
| organization within 10 working days from the time
of the | 7 |
| withholding;
| 8 |
| (3) To prescribe the courses of study to be followed, and | 9 |
| textbooks
and apparatus to be used at Northern Illinois | 10 |
| University;
| 11 |
| (4) To issue upon the recommendation of the faculty, | 12 |
| diplomas to such
persons as have satisfactorily completed the | 13 |
| required studies of
Northern Illinois University, and confer | 14 |
| such professional and literary
degrees as are usually conferred | 15 |
| by other institutions of like character
for similar or | 16 |
| equivalent courses of study, or such as the Board may
deem | 17 |
| appropriate;
| 18 |
| (5) To examine into the conditions, management, and | 19 |
| administration of
Northern Illinois University, to provide the | 20 |
| requisite buildings,
apparatus, equipment and auxiliary | 21 |
| enterprises, and to fix and collect
matriculation fees; tuition | 22 |
| fees; fees for student activities; fees for
student facilities | 23 |
| such as student union buildings or field houses or
stadia or | 24 |
| other recreational facilities; student welfare fees;
| 25 |
| laboratory fees; and similar fees for supplies and materials.
| 26 |
| The expense of the building, improving, repairing and supplying |
|
|
|
09600SB0642ham008 |
- 68 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| fuel and
furniture and the necessary appliances and apparatus | 2 |
| for conducting Northern
Illinois University, the reimbursed | 3 |
| expenses of members of the Board, and the
salaries or | 4 |
| compensation of the President, assistants, agents and other
| 5 |
| employees of Northern Illinois University, shall be a charge | 6 |
| upon the State
Treasury. All
other expenses shall be chargeable | 7 |
| against students, and the Board shall
regulate the charges | 8 |
| accordingly;
| 9 |
| (6) To succeed to and to administer all trusts, trust | 10 |
| property, and
gifts now or hereafter belonging or pertaining to | 11 |
| Northern Illinois
University;
| 12 |
| (7) To accept endowments of professorships or departments | 13 |
| in Northern
Illinois University from any person who may proffer | 14 |
| them and, at regular
meetings, to prescribe rules and | 15 |
| regulations in relation to endowments
and declare on what | 16 |
| general principles they may be accepted;
| 17 |
| (8) To enter into contracts with the Federal government for | 18 |
| providing
courses of instruction and other services at Northern | 19 |
| Illinois
University for persons serving in or with the military | 20 |
| or naval forces
of the United States, and to provide such | 21 |
| courses of instruction and
other services;
| 22 |
| (9) To contract with respect to the Cooperative Computer | 23 |
| Center to obtain
services related to electronic data | 24 |
| processing;
| 25 |
| (10) To provide for the receipt and expenditures of Federal | 26 |
| funds
paid to Northern Illinois University by the Federal |
|
|
|
09600SB0642ham008 |
- 69 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| government for
instruction and other services for persons | 2 |
| serving in or with the
military or naval forces of the United | 3 |
| States, and to provide for audits
of such funds;
| 4 |
| (11) To appoint, subject to the applicable civil service | 5 |
| law, persons
to be members of the Northern Illinois University | 6 |
| Police Department.
Members of the Police Department shall be | 7 |
| conservators of the peace and
as such have all powers possessed | 8 |
| by policemen in cities, and sheriffs,
including the power to | 9 |
| make arrests on view or warrants of violations of
State | 10 |
| statutes, University rules and regulations and city or county
| 11 |
| ordinances, except that they may exercise such powers only | 12 |
| within
counties wherein Northern Illinois University and any of | 13 |
| its branches or
properties
are located when such is required | 14 |
| for the protection of University
properties and interests, and | 15 |
| its students and personnel, and otherwise,
within such | 16 |
| counties, when requested by appropriate State
or local law | 17 |
| enforcement officials. However, such officers shall have no
| 18 |
| power to serve and execute civil processes.
| 19 |
| The Board must authorize to each member of the Northern | 20 |
| Illinois University
Police
Department
and to any other employee | 21 |
| of Northern Illinois University exercising the powers
of a | 22 |
| peace officer
a distinct badge
that, on its face, (i) clearly | 23 |
| states that the badge is authorized by Northern
Illinois
| 24 |
| University and
(ii) contains a unique identifying number.
No | 25 |
| other badge shall be authorized by
Northern Illinois | 26 |
| University;
|
|
|
|
09600SB0642ham008 |
- 70 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| (12) The Board may, directly or in cooperation with other | 2 |
| institutions
of higher education, acquire by purchase or lease | 3 |
| or otherwise, and construct,
enlarge, improve, equip, | 4 |
| complete, operate, control and manage research
and high | 5 |
| technology parks, together with the necessary lands, | 6 |
| buildings,
facilities, equipment, and personal property | 7 |
| therefor,
to encourage and facilitate (i) the location and | 8 |
| development of business
and industry in the State of Illinois, | 9 |
| and (ii) the increased application
and development of | 10 |
| technology, and (iii) the improvement and development of
the | 11 |
| State's economy. The Board may lease to nonprofit corporations
| 12 |
| all or any part
of the land, buildings, facilities, equipment | 13 |
| or other property included
in a research and high technology | 14 |
| park upon such terms and conditions
as the Board may deem | 15 |
| advisable and enter into any contract or
agreement with such | 16 |
| nonprofit corporations as may be necessary or suitable
for the | 17 |
| construction, financing, operation and maintenance and | 18 |
| management
of any such park; and may lease to any person, firm, | 19 |
| partnership or
corporation,
either public or private, any part | 20 |
| or all of the land, building, facilities,
equipment or other | 21 |
| property of such park for such purposes and upon such
rentals, | 22 |
| terms and conditions as the Board may deem advisable; and
may | 23 |
| finance all or part of the cost of any such park, including the | 24 |
| purchase,
lease, construction, reconstruction, improvement, | 25 |
| remodeling, addition to,
and extension and maintenance of all | 26 |
| or part of such high technology park,
and all equipment and |
|
|
|
09600SB0642ham008 |
- 71 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| furnishings, by legislative appropriations, government
grants, | 2 |
| contracts, private gifts, loans, receipts from the operation of
| 3 |
| such high technology park, rentals and similar receipts; and | 4 |
| may make its
other facilities and services available to tenants | 5 |
| or other occupants of
any such park at rates which are | 6 |
| reasonable and appropriate.
| 7 |
| (13) To assist in the provision of buildings and facilities | 8 |
| beneficial
to,
useful for, or supportive of university | 9 |
| purposes, the Board of Trustees of
Northern Illinois University | 10 |
| may exercise the following powers with regard to
the area | 11 |
| located on or adjacent to the Northern Illinois University | 12 |
| DeKalb
campus and bounded as follows:
| 13 |
| Parcel 1:
| 14 |
| In Township 40 North, Range 4 East, of the Third Prime | 15 |
| Meridian, County of
DeKalb, State of Illinois: The East | 16 |
| half of the Southeast Quarter of Section
17, the Southwest | 17 |
| Quarter of Section 16, and the Northwest Quarter of Section
| 18 |
| 21, all in the County of DeKalb, Illinois.
| 19 |
| Parcel 2:
| 20 |
| In Township 40 North, Range 4 East, of the Third Prime | 21 |
| Meridian, County of
DeKalb, State of Illinois: On the | 22 |
| North, by a line beginning at the Northwest
corner of the | 23 |
| Southeast Quarter of Section 15; thence East 1,903.3 feet; | 24 |
| thence
South to the North line of the Southeast Quarter of | 25 |
| the Southeast Quarter of
Section 15; thence East along said | 26 |
| line to North First Street; on the West by
Garden Road |
|
|
|
09600SB0642ham008 |
- 72 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| between Lucinda Avenue and the North boundary; thence on | 2 |
| the South
by Lucinda Avenue between Garden Road and the | 3 |
| intersection of Lucinda Avenue
and the South Branch of the | 4 |
| Kishwaukee River, and by the South Branch of the
Kishwaukee | 5 |
| River between such intersection and easterly to the | 6 |
| intersection of
such river and North First Street; thence | 7 |
| on the East by North First Street.
| 8 |
| (a) Acquire any interests in land, buildings, or | 9 |
| facilities by purchase,
including installments payable | 10 |
| over a period allowed by law, by lease over a
term of such | 11 |
| duration as the Board of Trustees shall determine, or by | 12 |
| exercise
of the power of eminent domain;
| 13 |
| (b) Sublease or contract to purchase through | 14 |
| installments all or any
portion of buildings or facilities | 15 |
| for such duration and on such terms as the
Board of | 16 |
| Trustees shall determine, including a term that exceeds 5 | 17 |
| years,
provided that each such lease or purchase contract | 18 |
| shall be and shall recite
that it is subject to termination | 19 |
| and cancellation in any year for which the
General Assembly | 20 |
| fails to make an appropriation to pay the rent or purchase
| 21 |
| installments payable under the terms of such lease or | 22 |
| purchase contracts; and
| 23 |
| (c) Sell property without compliance with the State | 24 |
| Property Control Act
and retain proceeds in the University | 25 |
| treasury in a special, separate
development fund account | 26 |
| which the Auditor General shall examine to assure
|
|
|
|
09600SB0642ham008 |
- 73 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| compliance with this Act.
| 2 |
| Any buildings or facilities to be developed on the land | 3 |
| shall be buildings or
facilities that, in
the determination of | 4 |
| the Board of Trustees, in whole or in part: (i) are for
use by | 5 |
| the University; or (ii) otherwise advance the interests of the
| 6 |
| University,
including, by way of example, residential, | 7 |
| recreational, educational, and
athletic facilities for | 8 |
| University staff and students and commercial facilities
which | 9 |
| provide services needed by the University community. Revenues | 10 |
| from the
development fund account may be withdrawn by the | 11 |
| University for the purpose of
demolition and the processes | 12 |
| associated with demolition; routine land and
property | 13 |
| acquisition; extension of utilities; streetscape work; | 14 |
| landscape work;
surface and structure parking; sidewalks, | 15 |
| recreational paths, and street
construction; and lease and | 16 |
| lease purchase arrangements and the professional
services | 17 |
| associated with the planning and development of the area. | 18 |
| Moneys from
the development fund account used for any other | 19 |
| purpose must be deposited into
and appropriated from the | 20 |
| General Revenue Fund. Buildings or facilities leased
to an | 21 |
| entity or person other than the University shall not be subject | 22 |
| to any
limitations applicable to a State-supported college or | 23 |
| university under any
law. All development on the land and all | 24 |
| the use of any buildings or
facilities shall be subject to the | 25 |
| control and approval of the Board of
Trustees of Northern | 26 |
| Illinois University.
|
|
|
|
09600SB0642ham008 |
- 74 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| (14) To borrow money, as necessary, from time to time in | 2 |
| anticipation of receiving tuition, payments from the State of | 3 |
| Illinois, or other revenues or receipts of the University, also | 4 |
| known as anticipated moneys. The borrowing limit shall be | 5 |
| capped at 100% of the total amount of payroll and other expense | 6 |
| vouchers submitted and payable to the University for fiscal | 7 |
| year 2010 expenses, but unpaid at the State Comptroller's | 8 |
| office. Prior to borrowing any funds, the University shall | 9 |
| request from the Comptroller's office a verification of the | 10 |
| borrowing limit and shall include the estimated date on which | 11 |
| such borrowing shall occur. The borrowing limit cap shall be | 12 |
| verified by State Comptroller's office not prior to 45 days | 13 |
| before any estimated date for executing any promissory note or | 14 |
| line of credit established under this item (14). The principal | 15 |
| amount borrowed under a promissory note or line of credit shall | 16 |
| not exceed 75% of the borrowing limit. Within 15 days after | 17 |
| borrowing funds under any promissory note or line of credit | 18 |
| established under this item (14), the University shall submit | 19 |
| to the Governor's Office of Management and Budget, the Speaker | 20 |
| of the House of Representatives, the Minority Leader of the | 21 |
| House of Representatives, the President of the Senate, and | 22 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 23 |
| Management Plan. The Emergency Short Term Cash Management Plan | 24 |
| shall outline the amount borrowed, the terms for repayment, the | 25 |
| amount of outstanding State vouchers as verified by the State | 26 |
| Comptroller's office, and the University's plan for |
|
|
|
09600SB0642ham008 |
- 75 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| expenditure of any borrowed funds, including, but not limited | 2 |
| to, a detailed plan to meet payroll obligations for all | 3 |
| collective bargaining employees, civil service employees, and | 4 |
| academic, research, and health care personnel. The | 5 |
| establishment of any promissory note or line of credit | 6 |
| established under this item (14) must be finalized within 90 | 7 |
| days after the effective date of this amendatory Act of the | 8 |
| 96th General Assembly. The borrowed moneys shall be applied to | 9 |
| the purposes of paying salaries and other expenses lawfully | 10 |
| authorized in the University's State appropriation and unpaid | 11 |
| by the State Comptroller. Any line of credit established under | 12 |
| this item (14) shall be paid in full one year after creation or | 13 |
| within 10 days after the date the University receives | 14 |
| reimbursement from the State for all submitted fiscal year 2010 | 15 |
| vouchers, whichever is earlier. Any promissory note | 16 |
| established under this item (14) shall be repaid within one | 17 |
| year after issuance of the note. The Chairman, Comptroller, or | 18 |
| Treasurer of the Board shall execute a promissory note or | 19 |
| similar debt instrument to evidence the indebtedness incurred | 20 |
| by the borrowing. In connection with a borrowing, the Board may | 21 |
| establish a line of credit with a financial institution, | 22 |
| investment bank, or broker/dealer.
The obligation to make the | 23 |
| payments due under any promissory note or line of credit | 24 |
| established under this item (14) shall be a lawful obligation | 25 |
| of the University payable from the anticipated moneys. Any | 26 |
| borrowing under this item (14) shall not constitute a debt, |
|
|
|
09600SB0642ham008 |
- 76 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| legal or moral, of the State and shall not be enforceable | 2 |
| against the State. The promissory note or line of credit shall | 3 |
| be authorized by a resolution passed by the Board and shall be | 4 |
| valid whether or not a budgeted item with respect to that | 5 |
| resolution is included in any annual or supplemental budget | 6 |
| adopted by the Board. The resolution shall set forth facts | 7 |
| demonstrating the need for the borrowing, state an amount that | 8 |
| the amount to be borrowed will not exceed, and establish a | 9 |
| maximum interest rate limit not to exceed the maximum rate | 10 |
| authorized by the Bond Authorization Act or 9%, whichever is | 11 |
| less. The resolution may direct the Comptroller or Treasurer of | 12 |
| the Board to make arrangements to set apart and hold the | 13 |
| portion of the anticipated moneys, as received, that shall be | 14 |
| used to repay the borrowing, subject to any prior pledges or | 15 |
| restrictions with respect to the anticipated moneys. The | 16 |
| resolution may also authorize the Treasurer of the Board to | 17 |
| make partial repayments of the borrowing as the anticipated | 18 |
| moneys become available and may contain any other terms, | 19 |
| restrictions, or limitations not inconsistent with the powers | 20 |
| of the Board. | 21 |
| For the purposes of this item (14), "financial institution" | 22 |
| means any bank subject to the Illinois Banking Act, any savings | 23 |
| and loan association subject to the Illinois Savings and Loan | 24 |
| Act of 1985, and any federally chartered commercial bank or | 25 |
| savings and loan association or government-sponsored | 26 |
| enterprise organized and operated in this State pursuant to the |
|
|
|
09600SB0642ham008 |
- 77 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| laws of the United States. | 2 |
| (Source: P.A. 90-284, eff. 1-1-98; 91-883, eff. 1-1-01.)
| 3 |
| Section 40. The Western Illinois University Law is amended | 4 |
| by changing Section 35-45 as follows:
| 5 |
| (110 ILCS 690/35-45)
| 6 |
| Sec. 35-45. Powers and duties. The Board also shall have | 7 |
| power and
it shall be its duty:
| 8 |
| (1) To make rules, regulations and bylaws, not inconsistent | 9 |
| with
law, for the government and management of Western Illinois | 10 |
| University
and its branches;
| 11 |
| (2) To employ, and, for good cause, to remove a President | 12 |
| of Western
Illinois University, and all necessary deans, | 13 |
| professors, associate
professors, assistant professors, | 14 |
| instructors, other educational and
administrative assistants, | 15 |
| and all other necessary employees, and to prescribe
their | 16 |
| duties and contract with them upon matters relating to tenure, | 17 |
| salaries
and retirement benefits in accordance with
the State | 18 |
| Universities Civil Service Act. Whenever the Board establishes | 19 |
| a
search committee to fill the position of President of Western | 20 |
| Illinois
University, there shall be minority representation, | 21 |
| including women, on that
search committee. The Board shall, | 22 |
| upon the written request
of an employee of Western Illinois | 23 |
| University, withhold from the compensation
of that employee any | 24 |
| dues, payments or contributions payable by such employee
to any |
|
|
|
09600SB0642ham008 |
- 78 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| labor organization as defined in the Illinois Educational Labor
| 2 |
| Relations
Act. Under such arrangement, an amount shall be | 3 |
| withheld from each regular
payroll period which is equal to the | 4 |
| pro rata share of the annual dues plus
any payments or | 5 |
| contributions, and the Board shall transmit such withholdings
| 6 |
| to the specified labor organization within 10 working days from | 7 |
| the time
of the withholding;
| 8 |
| (3) To prescribe the courses of study to be followed, and | 9 |
| textbooks
and apparatus to be used at Western Illinois | 10 |
| University;
| 11 |
| (4) To issue upon the recommendation of the faculty, | 12 |
| diplomas to such
persons as have satisfactorily completed the | 13 |
| required studies of
Western Illinois University, and confer | 14 |
| such professional and literary
degrees as are usually conferred | 15 |
| by other institutions of like character
for similar or | 16 |
| equivalent courses of study, or such as the Board may
deem | 17 |
| appropriate;
| 18 |
| (5) To examine into the conditions, management, and | 19 |
| administration of
Western Illinois University, to provide the | 20 |
| requisite buildings,
apparatus, equipment and auxiliary | 21 |
| enterprises, and to fix and collect
matriculation fees; tuition | 22 |
| fees; fees for student activities; fees for
student facilities | 23 |
| such as student union buildings or field houses or
stadia or | 24 |
| other recreational facilities; student welfare fees;
| 25 |
| laboratory fees; and similar fees for supplies and materials.
| 26 |
| The expense of the building, improving, repairing and supplying |
|
|
|
09600SB0642ham008 |
- 79 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| fuel and
furniture and the necessary appliances and apparatus | 2 |
| for conducting Western
Illinois
University, the reimbursed | 3 |
| expenses of members of the Board, and the
salaries or | 4 |
| compensation of the President, assistants, agents and other
| 5 |
| employees of Western Illinois University, shall be a charge | 6 |
| upon the State
Treasury. All
other expenses shall be chargeable | 7 |
| against students, and the Board shall
regulate the charges | 8 |
| accordingly;
| 9 |
| (6) To succeed to and to administer all trusts, trust | 10 |
| property, and
gifts now or hereafter belonging or pertaining to | 11 |
| Western Illinois
University;
| 12 |
| (7) To accept endowments of professorships or departments | 13 |
| in Western
Illinois University from any person who may proffer | 14 |
| them and, at regular
meetings, to prescribe rules and | 15 |
| regulations in relation to endowments
and declare on what | 16 |
| general principles they may be accepted;
| 17 |
| (8) To enter into contracts with the Federal government for | 18 |
| providing
courses of instruction and other services at Western | 19 |
| Illinois
University for persons serving in or with the military | 20 |
| or naval forces
of the United States, and to provide such | 21 |
| courses of instruction and
other services;
| 22 |
| (9) To contract with respect to the Cooperative Computer | 23 |
| Center to obtain
services related to electronic data | 24 |
| processing;
| 25 |
| (10) To provide for the receipt and expenditures of Federal | 26 |
| funds
paid to Western Illinois University by the Federal |
|
|
|
09600SB0642ham008 |
- 80 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| government for
instruction and other services for persons | 2 |
| serving in or with the
military or naval forces of the United | 3 |
| States, and to provide for audits
of such funds;
| 4 |
| (11) To appoint, subject to the applicable civil service | 5 |
| law, persons
to be members of the Western Illinois University | 6 |
| Police Department.
Members of the Police Department shall be | 7 |
| conservators of the peace and
as such have all powers possessed | 8 |
| by policemen in cities, and sheriffs,
including the power to | 9 |
| make arrests on view or warrants of violations of
State | 10 |
| statutes, University rules and regulations and city or county
| 11 |
| ordinances, except that they may exercise such powers only | 12 |
| within
counties wherein Western Illinois University and any of | 13 |
| its branches or
properties
are located when such is required | 14 |
| for the protection of University
properties and interests, and | 15 |
| its students and personnel, and otherwise,
within such | 16 |
| counties, when requested by appropriate State
or local law | 17 |
| enforcement officials. However, such officers shall have no
| 18 |
| power to serve and execute civil processes.
| 19 |
| The Board must authorize to each member of the Western | 20 |
| Illinois University
Police
Department
and to any other employee | 21 |
| of Western Illinois University exercising the powers
of a peace | 22 |
| officer
a distinct badge
that, on its face, (i) clearly states | 23 |
| that the badge is authorized by Western
Illinois
University and
| 24 |
| (ii) contains a unique identifying number.
No other badge shall | 25 |
| be authorized by
Western Illinois University;
| 26 |
| (12) The Board may, directly or in cooperation with other |
|
|
|
09600SB0642ham008 |
- 81 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| institutions
of higher education, acquire by purchase or lease | 2 |
| or otherwise, and construct,
enlarge, improve, equip, | 3 |
| complete, operate, control and manage research
and high | 4 |
| technology parks, together with the necessary lands, | 5 |
| buildings,
facilities, equipment, and personal property | 6 |
| therefor,
to encourage and facilitate (i) the location and | 7 |
| development of business
and industry in the State of Illinois, | 8 |
| and (ii) the increased application
and development of | 9 |
| technology, and (iii) the improvement and development of
the | 10 |
| State's economy. The Board may lease to nonprofit corporations
| 11 |
| all or any part
of the land, buildings, facilities, equipment | 12 |
| or other property included
in a research and high technology | 13 |
| park upon such terms and conditions
as the Board may deem | 14 |
| advisable and enter into any contract or
agreement with such | 15 |
| nonprofit corporations as may be necessary or suitable
for the | 16 |
| construction, financing, operation and maintenance and | 17 |
| management
of any such park; and may lease to any person, firm, | 18 |
| partnership or
corporation,
either public or private, any part | 19 |
| or all of the land, building, facilities,
equipment or other | 20 |
| property of such park for such purposes and upon such
rentals, | 21 |
| terms and conditions as the Board may deem advisable; and
may | 22 |
| finance all or part of the cost of any such park, including the | 23 |
| purchase,
lease, construction, reconstruction, improvement, | 24 |
| remodeling, addition to,
and extension and maintenance of all | 25 |
| or part of such high technology park,
and all equipment and | 26 |
| furnishings, by legislative appropriations, government
grants, |
|
|
|
09600SB0642ham008 |
- 82 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| contracts, private gifts, loans, receipts from the operation of
| 2 |
| such high technology park, rentals and similar receipts; and | 3 |
| may make its
other facilities and services available to tenants | 4 |
| or other occupants of
any such park at rates which are | 5 |
| reasonable and appropriate ; .
| 6 |
| (13) To borrow money, as necessary, from time to time in | 7 |
| anticipation of receiving tuition, payments from the State of | 8 |
| Illinois, or other revenues or receipts of the University, also | 9 |
| known as anticipated moneys. The borrowing limit shall be | 10 |
| capped at 100% of the total amount of payroll and other expense | 11 |
| vouchers submitted and payable to the University for fiscal | 12 |
| year 2010 expenses, but unpaid at the State Comptroller's | 13 |
| office. Prior to borrowing any funds, the University shall | 14 |
| request from the Comptroller's office a verification of the | 15 |
| borrowing limit and shall include the estimated date on which | 16 |
| such borrowing shall occur. The borrowing limit cap shall be | 17 |
| verified by State Comptroller's office not prior to 45 days | 18 |
| before any estimated date for executing any promissory note or | 19 |
| line of credit established under this item (13). The principal | 20 |
| amount borrowed under a promissory note or line of credit shall | 21 |
| not exceed 75% of the borrowing limit. Within 15 days after | 22 |
| borrowing funds under any promissory note or line of credit | 23 |
| established under this item (13), the University shall submit | 24 |
| to the Governor's Office of Management and Budget, the Speaker | 25 |
| of the House of Representatives, the Minority Leader of the | 26 |
| House of Representatives, the President of the Senate, and |
|
|
|
09600SB0642ham008 |
- 83 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| Minority Leader of the Senate, an Emergency Short Term Cash | 2 |
| Management Plan. The Emergency Short Term Cash Management Plan | 3 |
| shall outline the amount borrowed, the terms for repayment, the | 4 |
| amount of outstanding State vouchers as verified by the State | 5 |
| Comptroller's office, and the University's plan for | 6 |
| expenditure of any borrowed funds, including, but not limited | 7 |
| to, a detailed plan to meet payroll obligations to include | 8 |
| collective bargaining employees, civil service employees, and | 9 |
| academic, research, and health care personnel. The | 10 |
| establishment of any promissory note or line of credit | 11 |
| established under this item (13) must be finalized within 90 | 12 |
| days after the effective date of this amendatory Act of the | 13 |
| 96th General Assembly. The borrowed moneys shall be applied to | 14 |
| the purposes of paying salaries and other expenses lawfully | 15 |
| authorized in the University's State appropriation and unpaid | 16 |
| by the State Comptroller. Any line of credit established under | 17 |
| this item (13) shall be paid in full one year after creation or | 18 |
| within 10 days after the date the University receives | 19 |
| reimbursement from the State for all submitted fiscal year 2010 | 20 |
| vouchers, whichever is earlier. Any promissory note | 21 |
| established under this item (13) shall be repaid within one | 22 |
| year after issuance of the note. The Chairman, Comptroller, or | 23 |
| Treasurer of the Board shall execute a promissory note or | 24 |
| similar debt instrument to evidence the indebtedness incurred | 25 |
| by the borrowing. In connection with a borrowing, the Board may | 26 |
| establish a line of credit with a financial institution, |
|
|
|
09600SB0642ham008 |
- 84 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| investment bank, or broker/dealer.
The obligation to make the | 2 |
| payments due under any promissory note or line of credit | 3 |
| established under this item (13) shall be a lawful obligation | 4 |
| of the University payable from the anticipated moneys. Any | 5 |
| borrowing under this item (13) shall not constitute a debt, | 6 |
| legal or moral, of the State and shall not be enforceable | 7 |
| against the State. The promissory note or line of credit shall | 8 |
| be authorized by a resolution passed by the Board and shall be | 9 |
| valid whether or not a budgeted item with respect to that | 10 |
| resolution is included in any annual or supplemental budget | 11 |
| adopted by the Board. The resolution shall set forth facts | 12 |
| demonstrating the need for the borrowing, state an amount that | 13 |
| the amount to be borrowed will not exceed, and establish a | 14 |
| maximum interest rate limit not to exceed the maximum rate | 15 |
| authorized by the Bond Authorization Act or 9%, whichever is | 16 |
| less. The resolution may direct the Comptroller or Treasurer of | 17 |
| the Board to make arrangements to set apart and hold the | 18 |
| portion of the anticipated moneys, as received, that shall be | 19 |
| used to repay the borrowing, subject to any prior pledges or | 20 |
| restrictions with respect to the anticipated moneys. The | 21 |
| resolution may also authorize the Treasurer of the Board to | 22 |
| make partial repayments of the borrowing as the anticipated | 23 |
| moneys become available and may contain any other terms, | 24 |
| restrictions, or limitations not inconsistent with the powers | 25 |
| of the Board. | 26 |
| For the purposes of this item (13), "financial institution" |
|
|
|
09600SB0642ham008 |
- 85 - |
LRB096 06697 NHT 41074 a |
|
| 1 |
| means any bank subject to the Illinois Banking Act, any savings | 2 |
| and loan association subject to the Illinois Savings and Loan | 3 |
| Act of 1985, and any federally chartered commercial bank or | 4 |
| savings and loan association or government-sponsored | 5 |
| enterprise organized and operated in this State pursuant to the | 6 |
| laws of the United States. | 7 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
|
|