Full Text of HB0622 097th General Assembly
HB0622 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0622 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | |
Amends the Western Illinois University Law. Makes technical changes in a
Section concerning the powers and duties of the Board of Trustees.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Western Illinois University Law is amended | 5 | | by changing Section 35-45 as follows:
| 6 | | (110 ILCS 690/35-45)
| 7 | | Sec. 35-45. Powers and duties. The
The Board also shall | 8 | | have power and
it shall be its duty: | 9 | | (1) To make rules, regulations and bylaws, not inconsistent | 10 | | with
law, for the government and management of Western Illinois | 11 | | University
and its branches;
| 12 | | (2) To employ, and, for good cause, to remove a President | 13 | | of Western
Illinois University, and all necessary deans, | 14 | | professors, associate
professors, assistant professors, | 15 | | instructors, other educational and
administrative assistants, | 16 | | and all other necessary employees, and to prescribe
their | 17 | | duties and contract with them upon matters relating to tenure, | 18 | | salaries
and retirement benefits in accordance with
the State | 19 | | Universities Civil Service Act. Whenever the Board establishes | 20 | | a
search committee to fill the position of President of Western | 21 | | Illinois
University, there shall be minority representation, | 22 | | including women, on that
search committee. The Board shall, | 23 | | upon the written request
of an employee of Western Illinois |
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| 1 | | University, withhold from the compensation
of that employee any | 2 | | dues, payments or contributions payable by such employee
to any | 3 | | labor organization as defined in the Illinois Educational Labor
| 4 | | Relations
Act. Under such arrangement, an amount shall be | 5 | | withheld from each regular
payroll period which is equal to the | 6 | | pro rata share of the annual dues plus
any payments or | 7 | | contributions, and the Board shall transmit such withholdings
| 8 | | to the specified labor organization within 10 working days from | 9 | | the time
of the withholding;
| 10 | | (3) To prescribe the courses of study to be followed, and | 11 | | textbooks
and apparatus to be used at Western Illinois | 12 | | University;
| 13 | | (4) To issue upon the recommendation of the faculty, | 14 | | diplomas to such
persons as have satisfactorily completed the | 15 | | required studies of
Western Illinois University, and confer | 16 | | such professional and literary
degrees as are usually conferred | 17 | | by other institutions of like character
for similar or | 18 | | equivalent courses of study, or such as the Board may
deem | 19 | | appropriate;
| 20 | | (5) To examine into the conditions, management, and | 21 | | administration of
Western Illinois University, to provide the | 22 | | requisite buildings,
apparatus, equipment and auxiliary | 23 | | enterprises, and to fix and collect
matriculation fees; tuition | 24 | | fees; fees for student activities; fees for
student facilities | 25 | | such as student union buildings or field houses or
stadia or | 26 | | other recreational facilities; student welfare fees;
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| 1 | | laboratory fees; and similar fees for supplies and materials.
| 2 | | The expense of the building, improving, repairing and supplying | 3 | | fuel and
furniture and the necessary appliances and apparatus | 4 | | for conducting Western
Illinois
University, the reimbursed | 5 | | expenses of members of the Board, and the
salaries or | 6 | | compensation of the President, assistants, agents and other
| 7 | | employees of Western Illinois University, shall be a charge | 8 | | upon the State
Treasury. All
other expenses shall be chargeable | 9 | | against students, and the Board shall
regulate the charges | 10 | | accordingly;
| 11 | | (6) To succeed to and to administer all trusts, trust | 12 | | property, and
gifts now or hereafter belonging or pertaining to | 13 | | Western Illinois
University;
| 14 | | (7) To accept endowments of professorships or departments | 15 | | in Western
Illinois University from any person who may proffer | 16 | | them and, at regular
meetings, to prescribe rules and | 17 | | regulations in relation to endowments
and declare on what | 18 | | general principles they may be accepted;
| 19 | | (8) To enter into contracts with the Federal government for | 20 | | providing
courses of instruction and other services at Western | 21 | | Illinois
University for persons serving in or with the military | 22 | | or naval forces
of the United States, and to provide such | 23 | | courses of instruction and
other services;
| 24 | | (9) To contract with respect to the Cooperative Computer | 25 | | Center to obtain
services related to electronic data | 26 | | processing;
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| 1 | | (10) To provide for the receipt and expenditures of Federal | 2 | | funds
paid to Western Illinois University by the Federal | 3 | | government for
instruction and other services for persons | 4 | | serving in or with the
military or naval forces of the United | 5 | | States, and to provide for audits
of such funds;
| 6 | | (11) To appoint, subject to the applicable civil service | 7 | | law, persons
to be members of the Western Illinois University | 8 | | Police Department.
Members of the Police Department shall be | 9 | | conservators of the peace and
as such have all powers possessed | 10 | | by policemen in cities, and sheriffs,
including the power to | 11 | | make arrests on view or warrants of violations of
State | 12 | | statutes, University rules and regulations and city or county
| 13 | | ordinances, except that they may exercise such powers only | 14 | | within
counties wherein Western Illinois University and any of | 15 | | its branches or
properties
are located when such is required | 16 | | for the protection of University
properties and interests, and | 17 | | its students and personnel, and otherwise,
within such | 18 | | counties, when requested by appropriate State
or local law | 19 | | enforcement officials. However, such officers shall have no
| 20 | | power to serve and execute civil processes.
| 21 | | The Board must authorize to each member of the Western | 22 | | Illinois University
Police
Department
and to any other employee | 23 | | of Western Illinois University exercising the powers
of a peace | 24 | | officer
a distinct badge
that, on its face, (i) clearly states | 25 | | that the badge is authorized by Western
Illinois
University and
| 26 | | (ii) contains a unique identifying number.
No other badge shall |
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| 1 | | be authorized by
Western Illinois University;
| 2 | | (12) The Board may, directly or in cooperation with other | 3 | | institutions
of higher education, acquire by purchase or lease | 4 | | or otherwise, and construct,
enlarge, improve, equip, | 5 | | complete, operate, control and manage research
and high | 6 | | technology parks, together with the necessary lands, | 7 | | buildings,
facilities, equipment, and personal property | 8 | | therefor,
to encourage and facilitate (i) the location and | 9 | | development of business
and industry in the State of Illinois, | 10 | | and (ii) the increased application
and development of | 11 | | technology, and (iii) the improvement and development of
the | 12 | | State's economy. The Board may lease to nonprofit corporations
| 13 | | all or any part
of the land, buildings, facilities, equipment | 14 | | or other property included
in a research and high technology | 15 | | park upon such terms and conditions
as the Board may deem | 16 | | advisable and enter into any contract or
agreement with such | 17 | | nonprofit corporations as may be necessary or suitable
for the | 18 | | construction, financing, operation and maintenance and | 19 | | management
of any such park; and may lease to any person, firm, | 20 | | partnership or
corporation,
either public or private, any part | 21 | | or all of the land, building, facilities,
equipment or other | 22 | | property of such park for such purposes and upon such
rentals, | 23 | | terms and conditions as the Board may deem advisable; and
may | 24 | | finance all or part of the cost of any such park, including the | 25 | | purchase,
lease, construction, reconstruction, improvement, | 26 | | remodeling, addition to,
and extension and maintenance of all |
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| 1 | | or part of such high technology park,
and all equipment and | 2 | | furnishings, by legislative appropriations, government
grants, | 3 | | contracts, private gifts, loans, receipts from the operation of
| 4 | | such high technology park, rentals and similar receipts; and | 5 | | may make its
other facilities and services available to tenants | 6 | | or other occupants of
any such park at rates which are | 7 | | reasonable and appropriate;
| 8 | | (13) To borrow money, as necessary, from time to time in | 9 | | anticipation of receiving tuition, payments from the State of | 10 | | Illinois, or other revenues or receipts of the University, also | 11 | | known as anticipated moneys. The borrowing limit shall be | 12 | | capped at 100% of the total amount of payroll and other expense | 13 | | vouchers submitted and payable to the University for fiscal | 14 | | year 2010 expenses, but unpaid by
at the State Comptroller's | 15 | | office. Prior to borrowing any funds, the University shall | 16 | | request from the Comptroller's office a verification of the | 17 | | borrowing limit and shall include the estimated date on which | 18 | | such borrowing shall occur. The borrowing limit cap shall be | 19 | | verified by the State Comptroller's office not prior to 45 days | 20 | | before any estimated date for executing any promissory note or | 21 | | line of credit established under this item (13). The principal | 22 | | amount borrowed under a promissory note or line of credit shall | 23 | | not exceed 75% of the borrowing limit. Within 15 days after | 24 | | borrowing funds under any promissory note or line of credit | 25 | | established under this item (13), the University shall submit | 26 | | to the Governor's Office of Management and Budget, the Speaker |
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| 1 | | of the House of Representatives, the Minority Leader of the | 2 | | House of Representatives, the President of the Senate, and the | 3 | | Minority Leader of the Senate , an Emergency Short Term Cash | 4 | | Management Plan. The Emergency Short Term Cash Management Plan | 5 | | shall outline the amount borrowed, the terms for repayment, the | 6 | | amount of outstanding State vouchers as verified by the State | 7 | | Comptroller's office, and the University's plan for | 8 | | expenditure of any borrowed funds, including, but not limited | 9 | | to, a detailed plan to meet payroll obligations to include | 10 | | collective bargaining employees, civil service employees, and | 11 | | academic, research, and health care personnel. The | 12 | | establishment of any promissory note or line of credit | 13 | | established under this item (13) must be finalized within 90 | 14 | | days after the effective date of this amendatory Act of the | 15 | | 96th General Assembly. The borrowed moneys shall be applied to | 16 | | the purposes of paying salaries and other expenses lawfully | 17 | | authorized in the University's State appropriation and unpaid | 18 | | by the State Comptroller. Any line of credit established under | 19 | | this item (13) shall be paid in full one year after creation or | 20 | | within 10 days after the date the University receives | 21 | | reimbursement from the State for all submitted fiscal year 2010 | 22 | | vouchers, whichever is earlier. Any promissory note | 23 | | established under this item (13) shall be repaid within one | 24 | | year after issuance of the note. The Chairman, Comptroller, or | 25 | | Treasurer of the Board shall execute a promissory note or | 26 | | similar debt instrument to evidence the indebtedness incurred |
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| 1 | | by the borrowing. In connection with a borrowing, the Board may | 2 | | establish a line of credit with a financial institution, | 3 | | investment bank, or broker/dealer.
The obligation to make the | 4 | | payments due under any promissory note or line of credit | 5 | | established under this item (13) shall be a lawful obligation | 6 | | of the University payable from the anticipated moneys. Any | 7 | | borrowing under this item (13) shall not constitute a debt, | 8 | | legal or moral, of the State and shall not be enforceable | 9 | | against the State. The promissory note or line of credit shall | 10 | | be authorized by a resolution passed by the Board and shall be | 11 | | valid whether or not a budgeted item with respect to that | 12 | | resolution is included in any annual or supplemental budget | 13 | | adopted by the Board. The resolution shall set forth facts | 14 | | demonstrating the need for the borrowing, state an amount that | 15 | | the amount to be borrowed will not exceed, and establish a | 16 | | maximum interest rate limit not to exceed the maximum rate | 17 | | authorized by the Bond Authorization Act or 9%, whichever is | 18 | | less. The resolution may direct the Comptroller or Treasurer of | 19 | | the Board to make arrangements to set apart and hold the | 20 | | portion of the anticipated moneys, as received, that shall be | 21 | | used to repay the borrowing, subject to any prior pledges or | 22 | | restrictions with respect to the anticipated moneys. The | 23 | | resolution may also authorize the Treasurer of the Board to | 24 | | make partial repayments of the borrowing as the anticipated | 25 | | moneys become available and may contain any other terms, | 26 | | restrictions, or limitations not inconsistent with the powers |
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| 1 | | of the Board. | 2 | | For the purposes of this item (13), "financial institution" | 3 | | means any bank subject to the Illinois Banking Act, any savings | 4 | | and loan association subject to the Illinois Savings and Loan | 5 | | Act of 1985, and any federally chartered commercial bank or | 6 | | savings and loan association or government-sponsored | 7 | | enterprise organized and operated in this State pursuant to the | 8 | | laws of the United States. | 9 | | (Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
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