(110 ILCS 665/10-35)
Sec. 10-35.
Transfer of powers, duties, assets; outstanding contracts,
agreements and bonds. All the rights, powers and duties vested by law in the
Board of Governors of State Colleges and Universities and relating to the
operation, management, control and maintenance of Eastern Illinois University
are hereby transferred to and vested in the Board of Trustees of Eastern
Illinois University.
All books, records, papers, documents and pending business in any way
pertaining to Eastern Illinois
University and held by the Board of Governors of State Colleges and
Universities are hereby transferred from the Board of Governors of State
Colleges and Universities to the Board of
Trustees of Eastern Illinois University.
The employment of the president and all other academic and nonacademic
personnel of Eastern Illinois University is hereby transferred from the
Board of Governors of State Colleges and Universities to the Board of Trustees
of Eastern Illinois University,
but the status and rights of all personnel whose employment is so
transferred under the State Universities Civil Service System, under the
State Universities Retirement System and under any other contract or
benefit plan shall be unaffected thereby.
No rule or regulation promulgated by the Board of Governors of State Colleges
and Universities prior to the effective date of this Article
pursuant to an exercise of any right, power, duty, responsibility or matter
of pending business transferred from the Board of Governors of State Colleges
and Universities to the Board of
Trustees of Eastern Illinois University under the provisions of this
Article shall be affected thereby, and all such rules and
regulations shall become the rules and regulations of the Board of Trustees
of Eastern Illinois University.
All items of income heretofore received by Eastern Illinois University
and paid into the State Treasury and covered into the Board of Governors of
State Colleges and Universities
Income Fund and not heretofore appropriated by the General Assembly for the
support and improvement of Eastern Illinois University under the
provisions of paragraph (1) of Section 6a of the State Finance Act
shall be transferred by the
State Treasurer and covered into the Eastern Illinois University Income
Fund for appropriations from time to time to be made by the General
Assembly payable from such fund for the support and improvement of Eastern
Illinois University as provided in paragraph (1) of Section 6a-1d of that
Act; provided that within 10 days after the effective date of this amendatory
Act of 1996, all moneys then remaining in the Eastern Illinois University
Income Fund
heretofore established as a special fund in the State Treasury shall be repaid
to the University to be deposited and credited to the University Income Fund
established by Eastern Illinois University in its own treasury as provided
in paragraph (1) of Section 6a-1d of the State Finance Act.
The right of custody, possession and control over all items of income, funds
or deposits in any
way pertaining to Eastern Illinois University, which on the effective date
of this Article are held or retained by, or under the
jurisdiction of the Board of Governors of State Colleges and Universities under
the authority of paragraph (2)
of Section 6a of the State Finance Act,
is hereby transferred to and vested in the Board of
Trustees of Eastern Illinois University to be retained by the University
in its own treasury, or deposited with a bank or savings and loan
association, all in accordance with the provisions of paragraphs (2) and
(6) of Section 6a-1d of that Act.
There is hereby transferred from the Board of Governors of State Colleges and
Universities to the Board of
Trustees of Eastern Illinois University the power of order and direction
over the disbursement of those funds which immediately prior to the
effective date of this Article were retained by Eastern Illinois University in
its
own treasury under the authority of
Section 6a-2 of the State Finance Act;
provided that such funds shall be disbursed from time to time
pursuant to the order and direction of the Board of Trustees in accordance
with any contracts, pledges, trusts or agreements heretofore made with
respect to the use or application of such funds by the
Teachers College Board or the Board of Governors of State Colleges and
Universities.
Eastern Illinois University shall succeed to, assume and exercise all rights,
powers, duties and responsibilities formerly exercised by the Board of
Governors of State Colleges and Universities on behalf of Eastern Illinois
University prior to the effective date of this Article. All contracts and
agreements entered into by the Board of Governors of State Colleges and
Universities on behalf of Eastern Illinois University prior to the effective
date
of this Article shall be valid and shall subsist notwithstanding the abolition
of the Board of Governors of State Colleges and Universities and the repeal of
the Board of Governors Act and notwithstanding the transfer or the functions of
the Board of Governors of State Colleges and Universities with respect to
Eastern Illinois University to the Board of Trustees of Eastern Illinois
University.
All bonds, notes, and other evidences of indebtedness outstanding on the
effective date of this Article issued by the Teachers College Board or the
Board of Governors of State Colleges and Universities on behalf of Eastern
Illinois University shall become the bonds, notes or other evidences of
indebtedness of Eastern Illinois University and shall be otherwise unaffected
by the transfer of functions to Eastern Illinois University. Any action,
including
without limitation, approvals of applications for bonds and resolutions
constituting official action under the Internal Revenue Code by the Teachers
College Board or Board of Governors of State Colleges and Universities prior to
the effective date of this Article shall remain effective to the same extent as
if that action had been taken by Eastern Illinois University and shall be
deemed to be action taken by Eastern Illinois University.
The title to all other property, whether real, personal or mixed,
belonging to or under the jurisdiction of the Board of Governors of State
Colleges and Universities for Eastern Illinois University is hereby transferred
to and vested in the Board of
Trustees of Eastern Illinois University to be held for the People of the
State of Illinois for such University.
(Source: P.A. 89-4, eff. 1-1-96; 89-602, eff. 8-2-96.)
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