Full Text of SB0642 96th General Assembly
SB0642sam001 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 1/13/2010
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| AMENDMENT TO SENATE BILL 642
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| AMENDMENT NO. ______. Amend Senate Bill 642 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Southern Illinois University Management | 5 |
| Act is amended by changing Section 8 as follows: | 6 |
| (110 ILCS 520/8) (from Ch. 144, par. 658) | 7 |
| Sec. 8. Powers and Duties of the Board. The Board shall | 8 |
| have power and
it shall be its duty: | 9 |
| 1. To make rules, regulations and by-laws, not | 10 |
| inconsistent with
law, for the government and management of | 11 |
| Southern Illinois University
and its branches; | 12 |
| 2. To employ, and, for good cause, to remove a | 13 |
| president of Southern
Illinois University, and all | 14 |
| necessary deans, professors, associate
professors, | 15 |
| assistant professors, instructors, and other educational | 16 |
| and
administrative assistants, and all other necessary |
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| employees, and
contract with them upon matters relating to | 2 |
| tenure, salaries and
retirement benefits in accordance | 3 |
| with the State Universities Civil Service
Act; the Board | 4 |
| shall, upon the written request of an employee of Southern
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| Illinois University, withhold from the compensation of | 6 |
| that employee any
dues, payments or contributions payable | 7 |
| by such employee to any labor
organization as defined in | 8 |
| the Illinois Educational Labor Relations Act.
Under such | 9 |
| arrangement, an amount shall be withheld from each regular
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| payroll period which is equal to the pro rata share of the | 11 |
| annual dues plus
any payments or contributions, and the | 12 |
| Board shall transmit such withholdings
to the specified | 13 |
| labor organization within 10 working days from the time
of | 14 |
| the withholding. Whenever the Board establishes a search | 15 |
| committee to
fill the position of president of Southern | 16 |
| Illinois University, there shall
be minority | 17 |
| representation, including women, on that search committee; | 18 |
| 3. To prescribe the course of study to be followed, and | 19 |
| textbooks
and apparatus to be used at Southern Illinois | 20 |
| University; | 21 |
| 4. To issue upon the recommendation of the faculty, | 22 |
| diplomas to such
persons as have satisfactorily completed | 23 |
| the required studies of
Southern Illinois University, and | 24 |
| confer such professional and literary
degrees as are | 25 |
| usually conferred by other institutions of like character
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| for similar or equivalent courses of study, or such as the |
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| Board may
deem appropriate; | 2 |
| 5. To examine into the conditions, management, and | 3 |
| administration of
Southern Illinois University, to provide | 4 |
| the requisite buildings,
apparatus, equipment and | 5 |
| auxiliary enterprises, and to fix and collect
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| matriculation fees; tuition fees; fees for student | 7 |
| activities; fees for
student facilities such as student | 8 |
| union buildings or field houses or
stadium or other | 9 |
| recreational facilities; student welfare fees;
laboratory | 10 |
| fees and similar fees for supplies and material; | 11 |
| 6. To succeed to and to administer all trusts, trust | 12 |
| property, and
gifts now or hereafter belonging or | 13 |
| pertaining to Southern Illinois
University; | 14 |
| 7. To accept endowments of professorships or | 15 |
| departments in the
University from any person who may | 16 |
| proffer them and, at regular
meetings, to prescribe rules | 17 |
| and regulations in relation to endowments
and declare on | 18 |
| what general principles they may be accepted; | 19 |
| 8. To enter into contracts with the Federal government | 20 |
| for providing
courses of instruction and other services at | 21 |
| Southern Illinois
University for persons serving in or with | 22 |
| the military or naval forces
of the United States, and to | 23 |
| provide such courses of instruction and
other services; | 24 |
| 9. To provide for the receipt and expenditures of | 25 |
| Federal funds,
paid to the Southern Illinois University by | 26 |
| the Federal government for
instruction and other services |
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| for persons serving in or with the
military or naval forces | 2 |
| of the United States and to provide for audits
of such | 3 |
| funds; | 4 |
| 10. To appoint, subject to the applicable civil service | 5 |
| law, persons
to be members of the Southern Illinois | 6 |
| University Police Department.
Members of the Police | 7 |
| Department shall be conservators of the peace and
as such | 8 |
| have all powers possessed by policemen in cities, and | 9 |
| sheriffs,
including the power to make arrests on view or | 10 |
| warrants of violations of
state statutes, university rules | 11 |
| and regulations and city or county
ordinances, except that | 12 |
| they may exercise such powers only within
counties wherein | 13 |
| the university and any of its branches or properties
are | 14 |
| located when such is required for the protection of | 15 |
| university
properties and interests, and its students and | 16 |
| personnel, and otherwise,
within such counties, when | 17 |
| requested by appropriate State
or local law enforcement | 18 |
| officials. However, such officers shall have no
power to | 19 |
| serve and execute civil processes. | 20 |
| The Board must authorize to each member of the Southern | 21 |
| Illinois University
Police
Department
and to any other | 22 |
| employee of Southern Illinois University exercising the | 23 |
| powers
of a peace officer
a distinct badge
that, on its | 24 |
| face, (i) clearly states that the badge is authorized by | 25 |
| Southern
Illinois
University and
(ii) contains a unique | 26 |
| identifying number. No other badge shall be authorized
by |
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| Southern Illinois University. | 2 |
| 10.5.
To conduct health care programs in furtherance of | 3 |
| its teaching, research, and public service functions, | 4 |
| which shall include without limitation patient and | 5 |
| ancillary facilities, institutes, clinics, or offices | 6 |
| owned, leased, or purchased through an equity interest by | 7 |
| the Board or its appointed designee to carry out such | 8 |
| activities in the course of or in support of the Board's | 9 |
| academic, clinical, and public service responsibilities.
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| 11. To administer a plan or plans established by the | 11 |
| clinical faculty
of the School of Medicine for the billing, | 12 |
| collection and disbursement of
charges for services | 13 |
| performed
in the course of or in support of the faculty's | 14 |
| academic responsibilities,
provided that such plan has | 15 |
| been first approved by Board action. All such
collections | 16 |
| shall be deposited into a special fund or funds | 17 |
| administered
by the Board from which disbursements may be | 18 |
| made according to the provisions
of said plan. The | 19 |
| reasonable costs incurred, by the University, | 20 |
| administering
the billing, collection and disbursement | 21 |
| provisions of a plan shall have
first priority for payment | 22 |
| before distribution or disbursement for any other
purpose. | 23 |
| Audited financial statements of the plan or plans must be | 24 |
| provided to the Legislative Audit
Commission annually. | 25 |
| The Board of Trustees may own, operate, or govern, by | 26 |
| or through the School
of Medicine, a managed care community |
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| network established under subsection
(b)
of Section 5-11 of | 2 |
| the Illinois Public Aid Code. | 3 |
| 12. The Board of Trustees may, directly or in | 4 |
| cooperation with other
institutions of higher education, | 5 |
| acquire by purchase or lease or
otherwise, and construct, | 6 |
| enlarge, improve, equip, complete, operate,
control and | 7 |
| manage medical research and high technology parks, | 8 |
| together
with the necessary lands, buildings, facilities, | 9 |
| equipment, and personal
property therefor, to encourage | 10 |
| and facilitate (a) the location and
development of business | 11 |
| and industry in the State of Illinois, and (b) the
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| increased application and development of technology and | 13 |
| (c) the improvement
and development of the State's economy. | 14 |
| The Board of Trustees may lease to
nonprofit corporations | 15 |
| all or any part of the land, buildings, facilities,
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| equipment or other property included in a medical research | 17 |
| and high
technology park upon such terms and conditions as | 18 |
| the Board of Trustees may
deem advisable and enter into any | 19 |
| contract or agreement with such nonprofit
corporations as | 20 |
| may be necessary or suitable for the construction,
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| financing, operation and maintenance and management of any | 22 |
| such park; and
may lease to any person, firm, partnership | 23 |
| or corporation, either public or
private, any part or all | 24 |
| of the land, building, facilities, equipment or
other | 25 |
| property of such park for such purposes and upon such
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| rentals, terms and conditions as the Board of Trustees may |
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| deem advisable; and
may finance all or part of the cost of | 2 |
| any such park, including the purchase,
lease, | 3 |
| construction, reconstruction, improvement, remodeling, | 4 |
| addition to,
and extension and maintenance of all or part | 5 |
| of such high technology park,
and all equipment and | 6 |
| furnishings, by legislative appropriations, government
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| grants, contracts, private gifts, loans, receipts from the | 8 |
| operation of
such high technology park, rentals and similar | 9 |
| receipts; and may make its
other facilities and services | 10 |
| available to tenants or other occupants of
any such park at | 11 |
| rates which are reasonable and appropriate. | 12 |
| 13. To borrow money from time to time in anticipation | 13 |
| of receiving tuition, payments from the State of Illinois, | 14 |
| or other revenues or receipts of the University, also known | 15 |
| as anticipated moneys; provided that the money shall be | 16 |
| repaid within 18 months after the time the money is | 17 |
| borrowed and the amount borrowed shall not exceed an amount | 18 |
| outstanding at any one time in excess of 50% of the amount | 19 |
| of the annual operating budget of the University last | 20 |
| approved prior to the date of the initial borrowing. The | 21 |
| borrowed moneys shall be applied to the purposes for which | 22 |
| the anticipated moneys are lawfully available. The | 23 |
| Chairman or Treasurer of the Board shall execute a | 24 |
| promissory note or similar debt instrument to evidence the | 25 |
| indebtedness incurred by the borrowing. In connection with | 26 |
| a borrowing, the Board may establish a line of credit with |
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| a financial institution. | 2 |
| The obligation to make the payments due under the | 3 |
| promissory note or other debt instrument shall be a lawful | 4 |
| obligation of the University payable from the anticipated | 5 |
| moneys as set forth in the resolution authorizing the same. | 6 |
| Any borrowing under this item 13 shall not constitute a | 7 |
| debt, legal or moral, of the State and shall not be | 8 |
| enforceable against the State. The promissory note or other | 9 |
| debt instrument shall be authorized by a resolution passed | 10 |
| by the Board and shall be valid whether or not a budgeted | 11 |
| item with respect to that resolution is included in any | 12 |
| annual or supplemental budget adopted by the Board. The | 13 |
| resolution shall set forth facts demonstrating the need for | 14 |
| the borrowing, state an amount that the amount to be | 15 |
| borrowed will not exceed, establish a maximum interest rate | 16 |
| limit not to exceed the maximum rate authorized by the Bond | 17 |
| Authorization Act, and provide a date by which the borrowed | 18 |
| funds shall be repaid. The resolution may direct the | 19 |
| Treasurer of the Board to make arrangements to set apart | 20 |
| and hold the portion of the anticipated moneys, as | 21 |
| received, that shall be used to repay the borrowing, | 22 |
| subject to any prior pledges or restrictions with respect | 23 |
| to the anticipated moneys. The resolution may also | 24 |
| authorize the Treasurer of the Board to make partial | 25 |
| repayments of the borrowing as the anticipated moneys | 26 |
| become available and may contain any other terms, |
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| restrictions, or limitations not inconsistent with the | 2 |
| powers of the Board. | 3 |
| For the purposes of this item 13, "financial | 4 |
| institution" means any bank subject to the Illinois Banking | 5 |
| Act, any savings and loan association subject to the | 6 |
| Illinois Savings and Loan Act of 1985, and any federally | 7 |
| chartered commercial bank or savings and loan association | 8 |
| organized and operated in this State pursuant to the laws | 9 |
| of the United States. | 10 |
| The powers of the Board as herein designated are subject to | 11 |
| the Board
of Higher Education Act. | 12 |
| (Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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