(110 ILCS 680/25-35)
Sec. 25-35.
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 Northeastern Illinois
University are hereby transferred to and vested in the Board of Trustees of
Northeastern Illinois University.
All books, records, papers, documents and pending business in any way
pertaining to Northeastern 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 Northeastern Illinois University.
The employment of the president and all other academic and nonacademic
personnel of Northeastern Illinois University is hereby transferred from the
Board of Governors of State Colleges and Universities to the Board of Trustees
of Northeastern 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 Northeastern 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 Northeastern Illinois University.
All items of income heretofore received by Northeastern 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 Northeastern 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
Northeastern 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 Northeastern Illinois University as provided in paragraph
(1) of Section 6a-1f of that Act; provided that within 10 days after the
effective date of this amendatory
Act of 1996, all moneys then remaining in the Northeastern 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 Northeastern Illinois University in its own treasury as
provided in paragraph (1) of Section 6a-1f 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 Northeastern 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 Northeastern 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-1f of that Act.
There is hereby transferred from the Board of Governors of State Colleges and
Universities to the Board of
Trustees of Northeastern 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 Northeastern 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.
Northeastern 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 Northeastern 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 Northeastern 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 Northeastern Illinois University to the Board of Trustees of
Northeastern 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 Northeastern Illinois University shall become the
bonds, notes or other evidences of indebtedness of Northeastern Illinois
University and shall be otherwise unaffected by
the transfer of functions to Northeastern 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 Northeastern Illinois University and
shall be deemed to be action taken by Northeastern 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 Northeastern Illinois University is hereby
transferred to and vested in the Board of Trustees of Northeastern 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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