Public Act 100-0400
Public Act 0400 100TH GENERAL ASSEMBLY
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Public Act 100-0400
| | SB0448 Enrolled | LRB100 04890 MLM 14900 b |
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| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Southern Illinois University Management Act | is amended by changing Section 8 as follows:
| (110 ILCS 520/8) (from Ch. 144, par. 658) | Sec. 8. Powers and Duties of the Board. The Board shall | have power and
it shall be its duty: | 1. To make rules, regulations and by-laws, not | inconsistent with
law, for the government and management of | Southern Illinois University
and its branches. | 2. To employ, and, for good cause, to remove a | president of Southern
Illinois University, and all | necessary deans, professors, associate
professors, | assistant professors, instructors, and other educational | and
administrative assistants, and all other necessary | employees, and
contract with them upon matters relating to | tenure, salaries and
retirement benefits in accordance | with the State Universities Civil Service
Act; the Board | shall, upon the written request of an employee of Southern
| Illinois University, withhold from the compensation of | that employee any
dues, payments or contributions payable | by such employee to any labor
organization as defined in |
| the Illinois Educational Labor Relations Act.
Under such | arrangement, an amount shall be withheld from each regular
| payroll period which is equal to the pro rata share of the | annual dues plus
any payments or contributions, and the | Board shall transmit such withholdings
to the specified | labor organization within 10 working days from the time
of | the withholding. Whenever the Board establishes a search | committee to
fill the position of president of Southern | Illinois University, there shall
be minority | representation, including women, on that search committee. | 3. To prescribe the course of study to be followed, and | textbooks
and apparatus to be used at Southern Illinois | University. | 4. To issue upon the recommendation of the faculty, | diplomas to such
persons as have satisfactorily completed | the required studies of
Southern Illinois University, and | confer such professional and literary
degrees as are | usually conferred by other institutions of like character
| for similar or equivalent courses of study, or such as the | Board may
deem appropriate. | 5. To examine into the conditions, management, and | administration of
Southern Illinois University, to provide | the requisite buildings,
apparatus, equipment and | auxiliary enterprises, and to fix and collect
| matriculation fees; tuition fees; fees for student | activities; fees for
student facilities such as student |
| union buildings or field houses or
stadium or other | recreational facilities; student welfare fees;
laboratory | fees and similar fees for supplies and material. | 6. To succeed to and to administer all trusts, trust | property, and
gifts now or hereafter belonging or | pertaining to Southern Illinois
University. | 7. To accept endowments of professorships or | departments in the
University from any person who may | proffer them and, at regular
meetings, to prescribe rules | and regulations in relation to endowments
and declare on | what general principles they may be accepted. | 8. To enter into contracts with the Federal government | for providing
courses of instruction and other services at | Southern Illinois
University for persons serving in or with | the military or naval forces
of the United States, and to | provide such courses of instruction and
other services. | 9. To provide for the receipt and expenditures of | Federal funds,
paid to the Southern Illinois University by | the Federal government for
instruction and other services | for persons serving in or with the
military or naval forces | of the United States and to provide for audits
of such | funds. | 10. To appoint, subject to the applicable civil service | law, persons
to be members of the Southern Illinois | University Police Department.
Members of the Police | Department shall be conservators of the peace and
as such |
| have all powers possessed by policemen in cities, and | sheriffs,
including the power to make arrests on view or | warrants of violations of
state statutes, university rules | and regulations and city or county
ordinances, except that | they may exercise such powers only within
counties wherein | the university and any of its branches or properties
are | located when such is required for the protection of | university
properties and interests, and its students and | personnel, and otherwise,
within such counties, when | requested by appropriate State
or local law enforcement | officials. However, such officers shall have no
power to | serve and execute civil processes. | The Board must authorize to each member of the Southern | Illinois University
Police
Department
and to any other | employee of Southern Illinois University exercising the | powers
of a peace officer
a distinct badge
that, on its | face, (i) clearly states that the badge is authorized by | Southern
Illinois
University and
(ii) contains a unique | identifying number. No other badge shall be authorized
by | Southern Illinois University. | 10.5.
To conduct health care programs in furtherance of | its teaching, research, and public service functions, | which shall include without limitation patient and | ancillary facilities, institutes, clinics, or offices | owned, leased, or purchased through an equity interest by | the Board or its appointed designee to carry out such |
| activities in the course of or in support of the Board's | academic, clinical, and public service responsibilities.
| 11. To administer a plan or plans established by the | clinical faculty
of the School of Medicine or the School of | Dental Medicine for the billing, collection and | disbursement of
charges for services performed
in the | course of or in support of the faculty's academic | responsibilities,
provided that such plan has been first | approved by Board action. All such
collections shall be | deposited into a special fund or funds administered
by the | Board from which disbursements may be made according to the | provisions
of said plan. The reasonable costs incurred, by | the University, administering
the billing, collection and | disbursement provisions of a plan shall have
first priority | for payment before distribution or disbursement for any | other
purpose. Audited financial statements of the plan or | plans must be provided to the Legislative Audit
Commission | annually. | The Board of Trustees may own, operate, or govern, by | or through the School
of Medicine, a managed care community | network established under subsection
(b)
of Section 5-11 of | the Illinois Public Aid Code. | 12. The Board of Trustees may, directly or in | cooperation with other
institutions of higher education, | acquire by purchase or lease or
otherwise, and construct, | enlarge, improve, equip, complete, operate,
control and |
| manage medical research and high technology parks, | together
with the necessary lands, buildings, facilities, | equipment, and personal
property therefor, to encourage | and facilitate (a) the location and
development of business | and industry in the State of Illinois, and (b) the
| increased application and development of technology and | (c) the improvement
and development of the State's economy. | The Board of Trustees may lease to
nonprofit corporations | all or any part of the land, buildings, facilities,
| equipment or other property included in a medical research | and high
technology park upon such terms and conditions as | the Board of Trustees may
deem advisable and enter into any | contract or agreement with such nonprofit
corporations as | may be necessary or suitable for the construction,
| financing, operation and maintenance and management of any | such park; and
may lease to any person, firm, partnership | or corporation, either public or
private, any part or all | of the land, building, facilities, equipment or
other | property of such park for such purposes and upon such
| rentals, terms and conditions as the Board of Trustees may | deem advisable; and
may finance all or part of the cost of | any such park, including the purchase,
lease, | construction, reconstruction, improvement, remodeling, | addition to,
and extension and maintenance of all or part | of such high technology park,
and all equipment and | furnishings, by legislative appropriations, government
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| grants, contracts, private gifts, loans, receipts from the | operation of
such high technology park, rentals and similar | receipts; and may make its
other facilities and services | available to tenants or other occupants of
any such park at | rates which are reasonable and appropriate. | 13. To borrow money, as necessary, from time to time in | anticipation of receiving tuition, payments from the State | of Illinois, or other revenues or receipts of the | University, also known as anticipated moneys. The | borrowing limit shall be capped at 100% of the total amount | of payroll and other expense vouchers submitted and payable | to the University for fiscal year 2010 expenses, but unpaid | by the State Comptroller's office. Prior to borrowing any | funds, the University shall request from the Comptroller's | office a verification of the borrowing limit and shall | include the estimated date on which such borrowing shall | occur. The borrowing limit cap shall be verified by the | State Comptroller's office not prior to 45 days before any | estimated date for executing any promissory note or line of | credit established under this item 13. The principal amount | borrowed under a promissory note or line of credit shall | not exceed 75% of the borrowing limit. Within 15 days after | borrowing funds under any promissory note or line of credit | established under this item 13, the University shall submit | to the Governor's Office of Management and Budget, the | Speaker of the House of Representatives, the Minority |
| Leader of the House of Representatives, the President of | the Senate, and the Minority Leader of the Senate an | Emergency Short Term Cash Management Plan. The Emergency | Short Term Cash Management Plan shall outline the amount | borrowed, the terms for repayment, the amount of | outstanding State vouchers as verified by the State | Comptroller's office, and the University's plan for | expenditure of any borrowed funds, including, but not | limited to, a detailed plan to meet payroll obligations to | include collective bargaining employees, civil service | employees, and academic, research, and health care | personnel. The establishment of any promissory note or line | of credit established under this item 13 must be finalized | within 90 days after the effective date of this amendatory | Act of the 96th General Assembly. The borrowed moneys shall | be applied to the purposes of paying salaries and other | expenses lawfully authorized in the University's State | appropriation and unpaid by the State Comptroller. Any line | of credit established under this item 13 shall be paid in | full one year after creation or within 10 days after the | date the University receives reimbursement from the State | for all submitted fiscal year 2010 vouchers, whichever is | earlier. Any promissory note established under this item 13 | shall be repaid within one year after issuance of the note. | The Chairman, Comptroller, or Treasurer of the Board shall | execute a promissory note or similar debt instrument to |
| evidence the indebtedness incurred by the borrowing. In | connection with a borrowing, the Board may establish a line | of credit with a financial institution, investment bank, or | broker/dealer.
The obligation to make the payments due | under any promissory note or line of credit established | under this item 13 shall be a lawful obligation of the | University payable from the anticipated moneys. Any | borrowing under this item 13 shall not constitute a debt, | legal or moral, of the State and shall not be enforceable | against the State. The promissory note or line of credit | shall be authorized by a resolution passed by the Board and | shall be valid whether or not a budgeted item with respect | to that resolution is included in any annual or | supplemental budget adopted by the Board. The resolution | shall set forth facts demonstrating the need for the | borrowing, state an amount that the amount to be borrowed | will not exceed, and establish a maximum interest rate | limit not to exceed the maximum rate authorized by the Bond | Authorization Act or 9%, whichever is less. The resolution | may direct the Comptroller or Treasurer of the Board to | make arrangements to set apart and hold the portion of the | anticipated moneys, as received, that shall be used to | repay the borrowing, subject to any prior pledges or | restrictions with respect to the anticipated moneys. The | resolution may also authorize the Treasurer of the Board to | make partial repayments of the borrowing as the anticipated |
| moneys become available and may contain any other terms, | restrictions, or limitations not inconsistent with the | powers of the Board. | For the purposes of this item 13, "financial | institution" means any bank subject to the Illinois Banking | Act, any savings and loan association subject to the | Illinois Savings and Loan Act of 1985, and any federally | chartered commercial bank or savings and loan association | or government-sponsored enterprise organized and operated | in this State pursuant to the laws of the United States. | The powers of the Board as herein designated are subject to | the Board
of Higher Education Act. | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/25/2017
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