Illinois General Assembly - Full Text of SB0448
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Full Text of SB0448  100th General Assembly

SB0448enr 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Southern Illinois University Management Act
5is 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
8have 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
17    employees, and contract with them upon matters relating to
18    tenure, salaries and retirement benefits in accordance
19    with the State Universities Civil Service Act; the Board
20    shall, upon the written request of an employee of Southern
21    Illinois University, withhold from the compensation of
22    that employee any dues, payments or contributions payable
23    by such employee to any labor organization as defined in

 

 

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1    the Illinois Educational Labor Relations Act. Under such
2    arrangement, an amount shall be withheld from each regular
3    payroll period which is equal to the pro rata share of the
4    annual dues plus any payments or contributions, and the
5    Board shall transmit such withholdings to the specified
6    labor organization within 10 working days from the time of
7    the withholding. Whenever the Board establishes a search
8    committee to fill the position of president of Southern
9    Illinois University, there shall be minority
10    representation, including women, on that search committee.
11        3. To prescribe the course of study to be followed, and
12    textbooks and apparatus to be used at Southern Illinois
13    University.
14        4. To issue upon the recommendation of the faculty,
15    diplomas to such persons as have satisfactorily completed
16    the required studies of Southern Illinois University, and
17    confer such professional and literary degrees as are
18    usually conferred by other institutions of like character
19    for similar or equivalent courses of study, or such as the
20    Board may deem appropriate.
21        5. To examine into the conditions, management, and
22    administration of Southern Illinois University, to provide
23    the requisite buildings, apparatus, equipment and
24    auxiliary enterprises, and to fix and collect
25    matriculation fees; tuition fees; fees for student
26    activities; fees for student facilities such as student

 

 

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1    union buildings or field houses or stadium or other
2    recreational facilities; student welfare fees; laboratory
3    fees and similar fees for supplies and material.
4        6. To succeed to and to administer all trusts, trust
5    property, and gifts now or hereafter belonging or
6    pertaining to Southern Illinois University.
7        7. To accept endowments of professorships or
8    departments in the University from any person who may
9    proffer them and, at regular meetings, to prescribe rules
10    and regulations in relation to endowments and declare on
11    what general principles they may be accepted.
12        8. To enter into contracts with the Federal government
13    for providing courses of instruction and other services at
14    Southern Illinois University for persons serving in or with
15    the military or naval forces of the United States, and to
16    provide such courses of instruction and other services.
17        9. To provide for the receipt and expenditures of
18    Federal funds, paid to the Southern Illinois University by
19    the Federal government for instruction and other services
20    for persons serving in or with the military or naval forces
21    of the United States and to provide for audits of such
22    funds.
23        10. To appoint, subject to the applicable civil service
24    law, persons to be members of the Southern Illinois
25    University Police Department. Members of the Police
26    Department shall be conservators of the peace and as such

 

 

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1    have all powers possessed by policemen in cities, and
2    sheriffs, including the power to make arrests on view or
3    warrants of violations of state statutes, university rules
4    and regulations and city or county ordinances, except that
5    they may exercise such powers only within counties wherein
6    the university and any of its branches or properties are
7    located when such is required for the protection of
8    university properties and interests, and its students and
9    personnel, and otherwise, within such counties, when
10    requested by appropriate State or local law enforcement
11    officials. However, such officers shall have no power to
12    serve and execute civil processes.
13        The Board must authorize to each member of the Southern
14    Illinois University Police Department and to any other
15    employee of Southern Illinois University exercising the
16    powers of a peace officer a distinct badge that, on its
17    face, (i) clearly states that the badge is authorized by
18    Southern Illinois University and (ii) contains a unique
19    identifying number. No other badge shall be authorized by
20    Southern Illinois University.
21        10.5. To conduct health care programs in furtherance of
22    its teaching, research, and public service functions,
23    which shall include without limitation patient and
24    ancillary facilities, institutes, clinics, or offices
25    owned, leased, or purchased through an equity interest by
26    the Board or its appointed designee to carry out such

 

 

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1    activities in the course of or in support of the Board's
2    academic, clinical, and public service responsibilities.
3        11. To administer a plan or plans established by the
4    clinical faculty of the School of Medicine or the School of
5    Dental Medicine for the billing, collection and
6    disbursement of charges for services performed in the
7    course of or in support of the faculty's academic
8    responsibilities, provided that such plan has been first
9    approved by Board action. All such collections shall be
10    deposited into a special fund or funds administered by the
11    Board from which disbursements may be made according to the
12    provisions of said plan. The reasonable costs incurred, by
13    the University, administering the billing, collection and
14    disbursement provisions of a plan shall have first priority
15    for payment before distribution or disbursement for any
16    other purpose. Audited financial statements of the plan or
17    plans must be provided to the Legislative Audit Commission
18    annually.
19        The Board of Trustees may own, operate, or govern, by
20    or through the School of Medicine, a managed care community
21    network established under subsection (b) of Section 5-11 of
22    the Illinois Public Aid Code.
23        12. The Board of Trustees may, directly or in
24    cooperation with other institutions of higher education,
25    acquire by purchase or lease or otherwise, and construct,
26    enlarge, improve, equip, complete, operate, control and

 

 

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1    manage medical research and high technology parks,
2    together with the necessary lands, buildings, facilities,
3    equipment, and personal property therefor, to encourage
4    and facilitate (a) the location and development of business
5    and industry in the State of Illinois, and (b) the
6    increased application and development of technology and
7    (c) the improvement and development of the State's economy.
8    The Board of Trustees may lease to nonprofit corporations
9    all or any part of the land, buildings, facilities,
10    equipment or other property included in a medical research
11    and high technology park upon such terms and conditions as
12    the Board of Trustees may deem advisable and enter into any
13    contract or agreement with such nonprofit corporations as
14    may be necessary or suitable for the construction,
15    financing, operation and maintenance and management of any
16    such park; and may lease to any person, firm, partnership
17    or corporation, either public or private, any part or all
18    of the land, building, facilities, equipment or other
19    property of such park for such purposes and upon such
20    rentals, terms and conditions as the Board of Trustees may
21    deem advisable; and may finance all or part of the cost of
22    any such park, including the purchase, lease,
23    construction, reconstruction, improvement, remodeling,
24    addition to, and extension and maintenance of all or part
25    of such high technology park, and all equipment and
26    furnishings, by legislative appropriations, government

 

 

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1    grants, contracts, private gifts, loans, receipts from the
2    operation of such high technology park, rentals and similar
3    receipts; and may make its other facilities and services
4    available to tenants or other occupants of any such park at
5    rates which are reasonable and appropriate.
6        13. To borrow money, as necessary, from time to time in
7    anticipation of receiving tuition, payments from the State
8    of Illinois, or other revenues or receipts of the
9    University, also known as anticipated moneys. The
10    borrowing limit shall be capped at 100% of the total amount
11    of payroll and other expense vouchers submitted and payable
12    to the University for fiscal year 2010 expenses, but unpaid
13    by the State Comptroller's office. Prior to borrowing any
14    funds, the University shall request from the Comptroller's
15    office a verification of the borrowing limit and shall
16    include the estimated date on which such borrowing shall
17    occur. The borrowing limit cap shall be verified by the
18    State Comptroller's office not prior to 45 days before any
19    estimated date for executing any promissory note or line of
20    credit established under this item 13. The principal amount
21    borrowed under a promissory note or line of credit shall
22    not exceed 75% of the borrowing limit. Within 15 days after
23    borrowing funds under any promissory note or line of credit
24    established under this item 13, the University shall submit
25    to the Governor's Office of Management and Budget, the
26    Speaker of the House of Representatives, the Minority

 

 

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1    Leader of the House of Representatives, the President of
2    the Senate, and the Minority Leader of the Senate an
3    Emergency Short Term Cash Management Plan. The Emergency
4    Short Term Cash Management Plan shall outline the amount
5    borrowed, the terms for repayment, the amount of
6    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
9    limited to, a detailed plan to meet payroll obligations to
10    include collective bargaining employees, civil service
11    employees, and academic, research, and health care
12    personnel. The establishment of any promissory note or line
13    of credit established under this item 13 must be finalized
14    within 90 days after the effective date of this amendatory
15    Act of the 96th General Assembly. The borrowed moneys shall
16    be applied to the purposes of paying salaries and other
17    expenses lawfully authorized in the University's State
18    appropriation and unpaid by the State Comptroller. Any line
19    of credit established under this item 13 shall be paid in
20    full one year after creation or within 10 days after the
21    date the University receives reimbursement from the State
22    for all submitted fiscal year 2010 vouchers, whichever is
23    earlier. Any promissory note established under this item 13
24    shall be repaid within one year after issuance of the note.
25    The Chairman, Comptroller, or Treasurer of the Board shall
26    execute a promissory note or similar debt instrument to

 

 

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1    evidence the indebtedness incurred by the borrowing. In
2    connection with a borrowing, the Board may establish a line
3    of credit with a financial institution, investment bank, or
4    broker/dealer. The obligation to make the payments due
5    under any promissory note or line of credit established
6    under this item 13 shall be a lawful obligation of the
7    University payable from the anticipated moneys. Any
8    borrowing under this item 13 shall not constitute a debt,
9    legal or moral, of the State and shall not be enforceable
10    against the State. The promissory note or line of credit
11    shall be authorized by a resolution passed by the Board and
12    shall be valid whether or not a budgeted item with respect
13    to that resolution is included in any annual or
14    supplemental budget adopted by the Board. The resolution
15    shall set forth facts demonstrating the need for the
16    borrowing, state an amount that the amount to be borrowed
17    will not exceed, and establish a maximum interest rate
18    limit not to exceed the maximum rate authorized by the Bond
19    Authorization Act or 9%, whichever is less. The resolution
20    may direct the Comptroller or Treasurer of the Board to
21    make arrangements to set apart and hold the portion of the
22    anticipated moneys, as received, that shall be used to
23    repay the borrowing, subject to any prior pledges or
24    restrictions with respect to the anticipated moneys. The
25    resolution may also authorize the Treasurer of the Board to
26    make partial repayments of the borrowing as the anticipated

 

 

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1    moneys become available and may contain any other terms,
2    restrictions, or limitations not inconsistent with the
3    powers of the Board.
4        For the purposes of this item 13, "financial
5    institution" means any bank subject to the Illinois Banking
6    Act, any savings and loan association subject to the
7    Illinois Savings and Loan Act of 1985, and any federally
8    chartered commercial bank or savings and loan association
9    or government-sponsored enterprise organized and operated
10    in this State pursuant to the laws of the United States.
11    The powers of the Board as herein designated are subject to
12the Board of Higher Education Act.
13(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.