Full Text of SB0448 100th General Assembly
SB0448sam001 100TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 4/5/2017
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| 1 | | AMENDMENT TO SENATE BILL 448
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 448 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "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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| 1 | | employees, and
contract with them upon matters relating to | 2 | | tenure, salaries and
retirement benefits in accordance | 3 | | with the State Universities Civil Service
Act; the Board | 4 | | shall, upon the written request of an employee of Southern
| 5 | | Illinois University, withhold from the compensation of | 6 | | that employee any
dues, payments or contributions payable | 7 | | by such employee to any labor
organization as defined in | 8 | | the Illinois Educational Labor Relations Act.
Under such | 9 | | arrangement, an amount shall be withheld from each regular
| 10 | | payroll period which is equal to the pro rata share of the | 11 | | annual dues plus
any payments or contributions, and the | 12 | | Board shall transmit such withholdings
to the specified | 13 | | labor organization within 10 working days from the time
of | 14 | | the withholding. Whenever the Board establishes a search | 15 | | committee to
fill the position of president of Southern | 16 | | Illinois University, there shall
be minority | 17 | | representation, including women, on that search committee. | 18 | | 3. To prescribe the course of study to be followed, and | 19 | | textbooks
and apparatus to be used at Southern Illinois | 20 | | University. | 21 | | 4. To issue upon the recommendation of the faculty, | 22 | | diplomas to such
persons as have satisfactorily completed | 23 | | the required studies of
Southern Illinois University, and | 24 | | confer such professional and literary
degrees as are | 25 | | usually conferred by other institutions of like character
| 26 | | for similar or equivalent courses of study, or such as the |
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| 1 | | Board may
deem appropriate. | 2 | | 5. To examine into the conditions, management, and | 3 | | administration of
Southern Illinois University, to provide | 4 | | the requisite buildings,
apparatus, equipment and | 5 | | auxiliary enterprises, and to fix and collect
| 6 | | matriculation fees; tuition fees; fees for student | 7 | | activities; fees for
student facilities such as student | 8 | | union buildings or field houses or
stadium or other | 9 | | recreational facilities; student welfare fees;
laboratory | 10 | | fees and similar fees for supplies and material. | 11 | | 6. To succeed to and to administer all trusts, trust | 12 | | property, and
gifts now or hereafter belonging or | 13 | | pertaining to Southern Illinois
University. | 14 | | 7. To accept endowments of professorships or | 15 | | departments in the
University from any person who may | 16 | | proffer them and, at regular
meetings, to prescribe rules | 17 | | and regulations in relation to endowments
and declare on | 18 | | what general principles they may be accepted. | 19 | | 8. To enter into contracts with the Federal government | 20 | | for providing
courses of instruction and other services at | 21 | | Southern Illinois
University for persons serving in or with | 22 | | the military or naval forces
of the United States, and to | 23 | | provide such courses of instruction and
other services. | 24 | | 9. To provide for the receipt and expenditures of | 25 | | Federal funds,
paid to the Southern Illinois University by | 26 | | the Federal government for
instruction and other services |
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| 1 | | for persons serving in or with the
military or naval forces | 2 | | of the United States and to provide for audits
of such | 3 | | funds. | 4 | | 10. To appoint, subject to the applicable civil service | 5 | | law, persons
to be members of the Southern Illinois | 6 | | University Police Department.
Members of the Police | 7 | | Department shall be conservators of the peace and
as such | 8 | | have all powers possessed by policemen in cities, and | 9 | | sheriffs,
including the power to make arrests on view or | 10 | | warrants of violations of
state statutes, university rules | 11 | | and regulations and city or county
ordinances, except that | 12 | | they may exercise such powers only within
counties wherein | 13 | | the university and any of its branches or properties
are | 14 | | located when such is required for the protection of | 15 | | university
properties and interests, and its students and | 16 | | personnel, and otherwise,
within such counties, when | 17 | | requested by appropriate State
or local law enforcement | 18 | | officials. However, such officers shall have no
power to | 19 | | serve and execute civil processes. | 20 | | The Board must authorize to each member of the Southern | 21 | | Illinois University
Police
Department
and to any other | 22 | | employee of Southern Illinois University exercising the | 23 | | powers
of a peace officer
a distinct badge
that, on its | 24 | | face, (i) clearly states that the badge is authorized by | 25 | | Southern
Illinois
University and
(ii) contains a unique | 26 | | identifying number. No other badge shall be authorized
by |
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| 1 | | Southern Illinois University. | 2 | | 10.5.
To conduct health care programs in furtherance of | 3 | | its teaching, research, and public service functions, | 4 | | which shall include without limitation patient and | 5 | | ancillary facilities, institutes, clinics, or offices | 6 | | owned, leased, or purchased through an equity interest by | 7 | | the Board or its appointed designee to carry out such | 8 | | activities in the course of or in support of the Board's | 9 | | academic, clinical, and public service responsibilities.
| 10 | | 11. To administer a plan or plans established by the | 11 | | clinical faculty
of the School of Medicine or the School of | 12 | | Dental Medicine for the billing, collection and | 13 | | disbursement of
charges for services performed
in the | 14 | | course of or in support of the faculty's academic | 15 | | responsibilities,
provided that such plan has been first | 16 | | approved by Board action. All such
collections shall be | 17 | | deposited into a special fund or funds administered
by the | 18 | | Board from which disbursements may be made according to the | 19 | | provisions
of said plan. The reasonable costs incurred, by | 20 | | the University, administering
the billing, collection and | 21 | | disbursement provisions of a plan shall have
first priority | 22 | | for payment before distribution or disbursement for any | 23 | | other
purpose. Audited financial statements of the plan or | 24 | | plans must be provided to the Legislative Audit
Commission | 25 | | annually. | 26 | | The Board of Trustees may own, operate, or govern, by |
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| 1 | | or through the School
of Medicine, a managed care community | 2 | | network established under subsection
(b)
of Section 5-11 of | 3 | | the Illinois Public Aid Code. | 4 | | 12. The Board of Trustees may, directly or in | 5 | | cooperation with other
institutions of higher education, | 6 | | acquire by purchase or lease or
otherwise, and construct, | 7 | | enlarge, improve, equip, complete, operate,
control and | 8 | | manage medical research and high technology parks, | 9 | | together
with the necessary lands, buildings, facilities, | 10 | | equipment, and personal
property therefor, to encourage | 11 | | and facilitate (a) the location and
development of business | 12 | | and industry in the State of Illinois, and (b) the
| 13 | | increased application and development of technology and | 14 | | (c) the improvement
and development of the State's economy. | 15 | | The Board of Trustees may lease to
nonprofit corporations | 16 | | all or any part of the land, buildings, facilities,
| 17 | | equipment or other property included in a medical research | 18 | | and high
technology park upon such terms and conditions as | 19 | | the Board of Trustees may
deem advisable and enter into any | 20 | | contract or agreement with such nonprofit
corporations as | 21 | | may be necessary or suitable for the construction,
| 22 | | financing, operation and maintenance and management of any | 23 | | such park; and
may lease to any person, firm, partnership | 24 | | or corporation, either public or
private, any part or all | 25 | | of the land, building, facilities, equipment or
other | 26 | | property of such park for such purposes and upon such
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| 1 | | rentals, terms and conditions as the Board of Trustees may | 2 | | deem advisable; and
may finance all or part of the cost of | 3 | | any such park, including the purchase,
lease, | 4 | | construction, reconstruction, improvement, remodeling, | 5 | | addition to,
and extension and maintenance of all or part | 6 | | of such high technology park,
and all equipment and | 7 | | furnishings, by legislative appropriations, government
| 8 | | grants, contracts, private gifts, loans, receipts from the | 9 | | operation of
such high technology park, rentals and similar | 10 | | receipts; and may make its
other facilities and services | 11 | | available to tenants or other occupants of
any such park at | 12 | | rates which are reasonable and appropriate. | 13 | | 13. To borrow money, as necessary, from time to time in | 14 | | anticipation of receiving tuition, payments from the State | 15 | | of Illinois, or other revenues or receipts of the | 16 | | University, also known as anticipated moneys. The | 17 | | borrowing limit shall be capped at 100% of the total amount | 18 | | of payroll and other expense vouchers submitted and payable | 19 | | to the University for fiscal year 2010 expenses, but unpaid | 20 | | by the State Comptroller's office. Prior to borrowing any | 21 | | funds, the University shall request from the Comptroller's | 22 | | office a verification of the borrowing limit and shall | 23 | | include the estimated date on which such borrowing shall | 24 | | occur. The borrowing limit cap shall be verified by the | 25 | | State Comptroller's office not prior to 45 days before any | 26 | | estimated date for executing any promissory note or line of |
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| 1 | | credit established under this item 13. The principal amount | 2 | | borrowed under a promissory note or line of credit shall | 3 | | not exceed 75% of the borrowing limit. Within 15 days after | 4 | | borrowing funds under any promissory note or line of credit | 5 | | established under this item 13, the University shall submit | 6 | | to the Governor's Office of Management and Budget, the | 7 | | Speaker of the House of Representatives, the Minority | 8 | | Leader of the House of Representatives, the President of | 9 | | the Senate, and the Minority Leader of the Senate an | 10 | | Emergency Short Term Cash Management Plan. The Emergency | 11 | | Short Term Cash Management Plan shall outline the amount | 12 | | borrowed, the terms for repayment, the amount of | 13 | | outstanding State vouchers as verified by the State | 14 | | Comptroller's office, and the University's plan for | 15 | | expenditure of any borrowed funds, including, but not | 16 | | limited to, a detailed plan to meet payroll obligations to | 17 | | include collective bargaining employees, civil service | 18 | | employees, and academic, research, and health care | 19 | | personnel. The establishment of any promissory note or line | 20 | | of credit established under this item 13 must be finalized | 21 | | within 90 days after the effective date of this amendatory | 22 | | Act of the 96th General Assembly. The borrowed moneys shall | 23 | | be applied to the purposes of paying salaries and other | 24 | | expenses lawfully authorized in the University's State | 25 | | appropriation and unpaid by the State Comptroller. Any line | 26 | | of credit established under this item 13 shall be paid in |
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| 1 | | full one year after creation or within 10 days after the | 2 | | date the University receives reimbursement from the State | 3 | | for all submitted fiscal year 2010 vouchers, whichever is | 4 | | earlier. Any promissory note established under this item 13 | 5 | | shall be repaid within one year after issuance of the note. | 6 | | The Chairman, Comptroller, or Treasurer of the Board shall | 7 | | execute a promissory note or similar debt instrument to | 8 | | evidence the indebtedness incurred by the borrowing. In | 9 | | connection with a borrowing, the Board may establish a line | 10 | | of credit with a financial institution, investment bank, or | 11 | | broker/dealer.
The obligation to make the payments due | 12 | | under any promissory note or line of credit established | 13 | | under this item 13 shall be a lawful obligation of the | 14 | | University payable from the anticipated moneys. Any | 15 | | borrowing under this item 13 shall not constitute a debt, | 16 | | legal or moral, of the State and shall not be enforceable | 17 | | against the State. The promissory note or line of credit | 18 | | shall be authorized by a resolution passed by the Board and | 19 | | shall be valid whether or not a budgeted item with respect | 20 | | to that resolution is included in any annual or | 21 | | supplemental budget adopted by the Board. The resolution | 22 | | shall set forth facts demonstrating the need for the | 23 | | borrowing, state an amount that the amount to be borrowed | 24 | | will not exceed, and establish a maximum interest rate | 25 | | limit not to exceed the maximum rate authorized by the Bond | 26 | | Authorization Act or 9%, whichever is less. The resolution |
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| 1 | | may direct the Comptroller or Treasurer of the Board to | 2 | | make arrangements to set apart and hold the portion of the | 3 | | anticipated moneys, as received, that shall be used to | 4 | | repay the borrowing, subject to any prior pledges or | 5 | | restrictions with respect to the anticipated moneys. The | 6 | | resolution may also authorize the Treasurer of the Board to | 7 | | make partial repayments of the borrowing as the anticipated | 8 | | moneys become available and may contain any other terms, | 9 | | restrictions, or limitations not inconsistent with the | 10 | | powers of the Board. | 11 | | For the purposes of this item 13, "financial | 12 | | institution" means any bank subject to the Illinois Banking | 13 | | Act, any savings and loan association subject to the | 14 | | Illinois Savings and Loan Act of 1985, and any federally | 15 | | chartered commercial bank or savings and loan association | 16 | | or government-sponsored enterprise organized and operated | 17 | | in this State pursuant to the laws of the United States. | 18 | | The powers of the Board as herein designated are subject to | 19 | | the Board
of Higher Education Act. | 20 | | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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