Full Text of SB0642 96th General Assembly
SB0642sam003 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/2/2010
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| AMENDMENT TO SENATE BILL 642
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| AMENDMENT NO. ______. Amend Senate Bill 642 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The University of Illinois Act is amended by | 5 |
| changing Section 7 as follows:
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| (110 ILCS 305/7) (from Ch. 144, par. 28)
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| Sec. 7. Powers of trustees.
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| (a) The trustees shall have power to provide for the | 9 |
| requisite
buildings, apparatus, and conveniences; to fix the | 10 |
| rates for tuition; to
appoint such professors and instructors, | 11 |
| and to establish and provide for
the management of such model | 12 |
| farms, model art, and other departments and
professorships, as | 13 |
| may be required to teach, in the most thorough manner,
such | 14 |
| branches of learning as are related to agriculture and the | 15 |
| mechanic
arts, and military tactics, without excluding other | 16 |
| scientific and classical
studies. The trustees shall, upon the |
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| written request of an employee withhold
from the compensation | 2 |
| of that employee any dues, payments or contributions
payable by | 3 |
| such employee to any labor organization as defined in the | 4 |
| Illinois
Educational Labor Relations Act. Under such | 5 |
| arrangement, an amount shall
be withheld from each regular | 6 |
| payroll period which is equal to the pro rata
share of the | 7 |
| annual dues plus any payments or contributions, and the | 8 |
| trustees
shall transmit such withholdings to the specified | 9 |
| labor organization within 10
working days from the time of the | 10 |
| withholding. They may accept the endowments
and voluntary | 11 |
| professorships or departments in the University, from any | 12 |
| person
or persons or corporations who may offer the same, and, | 13 |
| at any regular
meeting of the board, may prescribe rules and | 14 |
| regulations in relation to such
endowments and declare on what | 15 |
| general principles they may be admitted:
Provided, that such | 16 |
| special voluntary endowments or professorships shall
not be | 17 |
| incompatible with the true design and scope of the act of | 18 |
| congress,
or of this Act: Provided, that no student shall at | 19 |
| any time be allowed to
remain in or about the University in | 20 |
| idleness, or without full mental or
industrial occupation: And | 21 |
| provided further, that the trustees, in the
exercise of any of | 22 |
| the powers conferred by this Act, shall not create any
| 23 |
| liability or indebtedness in excess of the funds in the hands | 24 |
| of the
treasurer of the University at the time of creating such | 25 |
| liability or
indebtedness, and which may be specially and | 26 |
| properly applied to the
payment of the same. Any lease to the |
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| trustees of lands, buildings or
facilities which will support | 2 |
| scientific research and development in such
areas as high | 3 |
| technology, super computing, microelectronics, biotechnology,
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| robotics, physics and engineering shall be for a term not to | 5 |
| exceed 18 years,
and may grant to the trustees the option to | 6 |
| purchase the lands, buildings or
facilities. The lease shall | 7 |
| recite that it is subject to termination and
cancellation in | 8 |
| any year for which the General Assembly fails to make an
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| appropriation to pay the rent payable under the terms of the | 10 |
| lease.
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| Leases for the purposes described herein exceeding 5 years | 12 |
| shall have
the approval of the Illinois Board of Higher | 13 |
| Education.
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| The Board of Trustees may, directly or in cooperation with | 15 |
| other institutions
of higher education, acquire by purchase or | 16 |
| lease or otherwise, and construct,
enlarge, improve, equip, | 17 |
| complete, operate, control and manage medical research
and high | 18 |
| technology parks, together with the necessary lands, | 19 |
| buildings,
facilities, equipment and personal property | 20 |
| therefor, to encourage and
facilitate (a) the location and | 21 |
| development of business and industry in the
State of Illinois, | 22 |
| and (b) the increased application and development of
technology | 23 |
| and (c) the improvement and development of the State's economy.
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| The Board of Trustees may lease to nonprofit corporations all | 25 |
| or any part
of the land, buildings, facilities, equipment or | 26 |
| other property included in
a medical research and high |
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| technology park upon such terms and conditions as
the | 2 |
| University of Illinois may deem advisable and enter into any | 3 |
| contract or
agreement with such nonprofit corporations as may | 4 |
| be necessary or suitable for
the construction, financing, | 5 |
| operation and maintenance and management of any
such park; and | 6 |
| may lease to any person, firm, partnership or corporation,
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| either public or private, any part or all of the land, | 8 |
| building, facilities,
equipment or other property of such park | 9 |
| for such purposes and upon such
rentals, terms and conditions | 10 |
| as the University may deem advisable; and may
finance all or | 11 |
| part of the cost of any such park, including the purchase,
| 12 |
| lease, construction, reconstruction, improvement, remodeling, | 13 |
| addition to, and
extension and maintenance of all or part of | 14 |
| such high technology park, and all
equipment and furnishings, | 15 |
| by legislative appropriations, government grants,
contracts, | 16 |
| private gifts, loans, receipts from the operation of such high
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| technology park, rentals and similar receipts; and may make its | 18 |
| other
facilities and services available to tenants or other | 19 |
| occupants of any such
park at rates which are reasonable and | 20 |
| appropriate.
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| The Trustees shall have power (a) to purchase real property | 22 |
| and
easements, and (b) to acquire real property and easements | 23 |
| in the manner
provided by law for the exercise of the right of | 24 |
| eminent domain, and in the
event negotiations for the | 25 |
| acquisition of real property or easements for
making any | 26 |
| improvement which the Trustees are authorized to make shall |
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| have
proven unsuccessful and the Trustees shall have by | 2 |
| resolution adopted a
schedule or plan of operation for the | 3 |
| execution of the project and therein
made a finding that it is | 4 |
| necessary to take such property or easements
immediately or at | 5 |
| some specified later date in order to comply with the
schedule, | 6 |
| the Trustees may acquire such property or easements in the same
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| manner provided in Article 20 of the Eminent Domain Act | 8 |
| (quick-take procedure).
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| The Board of Trustees also shall have power to agree with | 10 |
| the State's
Attorney of the county in which any properties of | 11 |
| the Board are located to
pay for services rendered by the | 12 |
| various taxing districts for the years
1944 through 1949 and to | 13 |
| pay annually for services rendered thereafter by
such district | 14 |
| such sums as may be determined by the Board upon properties
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| used solely for income producing purposes, title to which is | 16 |
| held by said
Board of Trustees, upon properties leased to | 17 |
| members of the staff of the
University of Illinois, title to | 18 |
| which is held in trust for said Board of
Trustees and upon | 19 |
| properties leased to for-profit entities the title to
which | 20 |
| properties is held by the Board of Trustees. A certified copy | 21 |
| of
any such agreement made with the State's Attorney shall be | 22 |
| filed with the
County Clerk and such sums shall be distributed | 23 |
| to the respective taxing
districts by the County Collector in | 24 |
| such proportions that each taxing district
will receive | 25 |
| therefrom such proportion as the tax rate of such taxing | 26 |
| district
bears to the total tax rate that would be levied |
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| against such properties if
they were not exempt from taxation | 2 |
| under the Property Tax Code.
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| The Board of Trustees of the University of Illinois, | 4 |
| subject to the
applicable civil service law, may appoint | 5 |
| persons to be members of the
University of Illinois Police | 6 |
| Department. Members of the Police Department
shall be peace | 7 |
| officers and as such have all powers possessed by policemen
in | 8 |
| cities, and sheriffs, including the power to make arrests on | 9 |
| view or
warrants of violations of state statutes and city or | 10 |
| county ordinances,
except that they may exercise such powers | 11 |
| only in counties wherein the
University and any of its branches | 12 |
| or properties are located when such is
required for the | 13 |
| protection of university properties and interests, and its
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| students and personnel, and otherwise, within such counties, | 15 |
| when requested
by appropriate state or local law enforcement | 16 |
| officials; provided, however,
that such officer shall have no | 17 |
| power to serve and execute civil processes.
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| The Board of Trustees must authorize to each member of the | 19 |
| University of
Illinois
Police
Department
and to any other | 20 |
| employee of the University of Illinois exercising the powers
of | 21 |
| a peace officer
a distinct badge
that, on its face, (i) clearly | 22 |
| states that the badge is authorized by the
University of
| 23 |
| Illinois and (ii)
contains a unique identifying number.
No | 24 |
| other badge shall be authorized by
the University of Illinois.
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| Nothing in this paragraph prohibits the Board of Trustees from | 26 |
| issuing
shields
or other distinctive identification to |
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| employees not exercising the powers of a
peace officer if the | 2 |
| Board of Trustees determines that a shield or distinctive
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| identification is needed by the employee to carry out his or | 4 |
| her
responsibilities.
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| The Board of Trustees may own, operate, or govern, by or | 6 |
| through the
College of Medicine at Peoria, a managed care | 7 |
| community network established
under subsection (b) of Section | 8 |
| 5-11 of the Illinois
Public Aid Code.
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| The powers of the trustees as herein designated are subject | 10 |
| to the provisions
of "An Act creating a Board of Higher | 11 |
| Education, defining its powers and
duties, making an | 12 |
| appropriation therefor, and repealing an Act herein named",
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| approved August 22, 1961, as amended.
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| The Board of Trustees shall have the authority to adopt all | 15 |
| administrative
rules which may be necessary for the effective | 16 |
| administration, enforcement and
regulation of all matters for | 17 |
| which the Board has jurisdiction or
responsibility.
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| (b) To assist in the provision of buildings and facilities | 19 |
| beneficial to,
useful for, or supportive of University | 20 |
| purposes, the Board of Trustees of the
University of Illinois | 21 |
| may exercise the following powers with regard to the
area | 22 |
| located on or adjacent to the University of Illinois at Chicago | 23 |
| campus and
bounded as follows: on the West by Morgan Street; on | 24 |
| the North by
Roosevelt Road; on the East by Union Street; and | 25 |
| on
the South by 16th
Street, in the City of Chicago:
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| (1) Acquire any interests in land, buildings, or |
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| facilities by purchase,
including installments payable | 2 |
| over a period allowed by law, by lease over a
term of such | 3 |
| duration as the Board of Trustees shall determine, or by
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| exercise of the power of eminent domain;
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| (2) Sub-lease or contract to purchase through | 6 |
| installments all or any
portion of buildings or facilities | 7 |
| for such duration and on such terms as the
Board of | 8 |
| Trustees shall determine, including a term that exceeds 5 | 9 |
| years,
provided that each such lease or purchase contract | 10 |
| shall be and shall recite
that it is subject to termination | 11 |
| and cancellation in any year for which the
General Assembly | 12 |
| fails to make an appropriation to pay the rent or purchase
| 13 |
| installments payable under the terms of such lease or | 14 |
| purchase contract; and
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| (3) Sell property without compliance with the State | 16 |
| Property Control Act
and retain proceeds in the University | 17 |
| Treasury in a special, separate
development fund account | 18 |
| which the Auditor General shall examine to assure
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| compliance with this Act.
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| Any buildings or facilities to be developed on the land shall | 21 |
| be buildings or
facilities that, in the determination of the | 22 |
| Board of Trustees, in whole
or in part: (i) are for use by the | 23 |
| University; or (ii) otherwise advance the
interests of the | 24 |
| University, including, by way of example, residential
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| facilities for University staff and students and commercial | 26 |
| facilities which
provide services needed by the University
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| community. Revenues from the development fund account may be | 2 |
| withdrawn by
the University for the purpose of demolition and | 3 |
| the processes associated with
demolition; routine land and | 4 |
| property acquisition; extension of utilities;
streetscape | 5 |
| work; landscape work; surface and structure parking; | 6 |
| sidewalks,
recreational paths, and street construction; and | 7 |
| lease and lease purchase
arrangements and the professional | 8 |
| services associated with the planning and
development of the | 9 |
| area. Moneys from the development fund account used for any
| 10 |
| other purpose must be deposited into and appropriated from the | 11 |
| General Revenue
Fund. Buildings or facilities leased to
an
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| entity
or person other than the University shall not be subject | 13 |
| to any limitations
applicable to a State supported college or | 14 |
| university under any law. All
development on the land and all | 15 |
| use of any buildings or facilities shall be
subject to the | 16 |
| control and approval of the Board of Trustees.
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| (c) The Board of Trustees shall have the power to borrow | 18 |
| money, as necessary, from time to time in anticipation of | 19 |
| receiving tuition, payments from the State of Illinois, or | 20 |
| other revenues or receipts of the University, also known as | 21 |
| anticipated moneys; provided that the money shall be repaid | 22 |
| within 12 months after the time the money is borrowed and the | 23 |
| amount borrowed shall not exceed 75% of the total amount of | 24 |
| payroll and other expense vouchers submitted, but unpaid at the | 25 |
| Comptroller's Office, 30 days prior to the anticipated | 26 |
| borrowing. The borrowed moneys shall be applied only for the |
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| purposes of paying salaries and other expenses lawfully | 2 |
| authorized in the university's State appropriation. No | 3 |
| borrowing under this provision shall be allowed after August | 4 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 5 |
| for which the anticipated moneys are lawfully available. The | 6 |
| Chairman or Treasurer of the Board shall execute a promissory | 7 |
| note or similar debt instrument to evidence the indebtedness | 8 |
| incurred by the borrowing. In connection with a borrowing, the | 9 |
| Board may establish a line of credit with a financial | 10 |
| institution. | 11 |
| The obligation to make the payments due under the | 12 |
| promissory note or other debt instrument shall be a lawful | 13 |
| obligation of the University payable from the anticipated | 14 |
| moneys as set forth in the resolution authorizing the same. Any | 15 |
| borrowing under this subsection (c) shall not constitute a | 16 |
| debt, legal or moral, of the State and shall not be enforceable | 17 |
| against the State. The promissory note or other debt instrument | 18 |
| shall be authorized by a resolution passed by the Board and | 19 |
| shall be valid whether or not a budgeted item with respect to | 20 |
| that resolution is included in any annual or supplemental | 21 |
| budget adopted by the Board. The resolution shall set forth | 22 |
| facts demonstrating the need for the borrowing, state an amount | 23 |
| that the amount to be borrowed will not exceed, establish a | 24 |
| maximum interest rate limit not to exceed the maximum rate | 25 |
| authorized by the Bond Authorization Act, and provide a date by | 26 |
| which the borrowed funds shall be repaid. The resolution may |
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| direct the Treasurer of the Board to make arrangements to set | 2 |
| apart and hold the portion of the anticipated moneys, as | 3 |
| received, that shall be used to repay the borrowing, subject to | 4 |
| any prior pledges or restrictions with respect to the | 5 |
| anticipated moneys. The resolution may also authorize the | 6 |
| Treasurer of the Board to make partial repayments of the | 7 |
| borrowing as the anticipated moneys become available and may | 8 |
| contain any other terms, restrictions, or limitations not | 9 |
| inconsistent with the powers of the Board. | 10 |
| For the purposes of this subsection (c), "financial | 11 |
| institution" means any bank subject to the Illinois Banking | 12 |
| Act, any savings and loan association subject to the Illinois | 13 |
| Savings and Loan Act of 1985, and any federally chartered | 14 |
| commercial bank or savings and loan association organized and | 15 |
| operated in this State pursuant to the laws of the United | 16 |
| States. | 17 |
| (Source: P.A. 93-423, eff. 8-5-03; 94-1055, eff. 1-1-07.)
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| Section 10. The Southern Illinois University Management | 19 |
| Act is amended by changing Section 8 as follows: | 20 |
| (110 ILCS 520/8) (from Ch. 144, par. 658) | 21 |
| Sec. 8. Powers and Duties of the Board. The Board shall | 22 |
| have power and
it shall be its duty: | 23 |
| 1. To make rules, regulations and by-laws, not | 24 |
| inconsistent with
law, for the government and management of |
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| Southern Illinois University
and its branches; | 2 |
| 2. To employ, and, for good cause, to remove a | 3 |
| president of Southern
Illinois University, and all | 4 |
| necessary deans, professors, associate
professors, | 5 |
| assistant professors, instructors, and other educational | 6 |
| and
administrative assistants, and all other necessary | 7 |
| employees, and
contract with them upon matters relating to | 8 |
| tenure, salaries and
retirement benefits in accordance | 9 |
| with the State Universities Civil Service
Act; the Board | 10 |
| shall, upon the written request of an employee of Southern
| 11 |
| Illinois University, withhold from the compensation of | 12 |
| that employee any
dues, payments or contributions payable | 13 |
| by such employee to any labor
organization as defined in | 14 |
| the Illinois Educational Labor Relations Act.
Under such | 15 |
| arrangement, an amount shall be withheld from each regular
| 16 |
| payroll period which is equal to the pro rata share of the | 17 |
| annual dues plus
any payments or contributions, and the | 18 |
| Board shall transmit such withholdings
to the specified | 19 |
| labor organization within 10 working days from the time
of | 20 |
| the withholding. Whenever the Board establishes a search | 21 |
| committee to
fill the position of president of Southern | 22 |
| Illinois University, there shall
be minority | 23 |
| representation, including women, on that search committee; | 24 |
| 3. To prescribe the course of study to be followed, and | 25 |
| textbooks
and apparatus to be used at Southern Illinois | 26 |
| University; |
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| 4. To issue upon the recommendation of the faculty, | 2 |
| diplomas to such
persons as have satisfactorily completed | 3 |
| the required studies of
Southern Illinois University, and | 4 |
| confer such professional and literary
degrees as are | 5 |
| usually conferred by other institutions of like character
| 6 |
| for similar or equivalent courses of study, or such as the | 7 |
| Board may
deem appropriate; | 8 |
| 5. To examine into the conditions, management, and | 9 |
| administration of
Southern Illinois University, to provide | 10 |
| the requisite buildings,
apparatus, equipment and | 11 |
| auxiliary enterprises, and to fix and collect
| 12 |
| matriculation fees; tuition fees; fees for student | 13 |
| activities; fees for
student facilities such as student | 14 |
| union buildings or field houses or
stadium or other | 15 |
| recreational facilities; student welfare fees;
laboratory | 16 |
| fees and similar fees for supplies and material; | 17 |
| 6. To succeed to and to administer all trusts, trust | 18 |
| property, and
gifts now or hereafter belonging or | 19 |
| pertaining to Southern Illinois
University; | 20 |
| 7. To accept endowments of professorships or | 21 |
| departments in the
University from any person who may | 22 |
| proffer them and, at regular
meetings, to prescribe rules | 23 |
| and regulations in relation to endowments
and declare on | 24 |
| what general principles they may be accepted; | 25 |
| 8. To enter into contracts with the Federal government | 26 |
| for providing
courses of instruction and other services at |
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| Southern Illinois
University for persons serving in or with | 2 |
| the military or naval forces
of the United States, and to | 3 |
| provide such courses of instruction and
other services; | 4 |
| 9. To provide for the receipt and expenditures of | 5 |
| Federal funds,
paid to the Southern Illinois University by | 6 |
| the Federal government for
instruction and other services | 7 |
| for persons serving in or with the
military or naval forces | 8 |
| of the United States and to provide for audits
of such | 9 |
| funds; | 10 |
| 10. To appoint, subject to the applicable civil service | 11 |
| law, persons
to be members of the Southern Illinois | 12 |
| University Police Department.
Members of the Police | 13 |
| Department shall be conservators of the peace and
as such | 14 |
| have all powers possessed by policemen in cities, and | 15 |
| sheriffs,
including the power to make arrests on view or | 16 |
| warrants of violations of
state statutes, university rules | 17 |
| and regulations and city or county
ordinances, except that | 18 |
| they may exercise such powers only within
counties wherein | 19 |
| the university and any of its branches or properties
are | 20 |
| located when such is required for the protection of | 21 |
| university
properties and interests, and its students and | 22 |
| personnel, and otherwise,
within such counties, when | 23 |
| requested by appropriate State
or local law enforcement | 24 |
| officials. However, such officers shall have no
power to | 25 |
| serve and execute civil processes. | 26 |
| The Board must authorize to each member of the Southern |
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| Illinois University
Police
Department
and to any other | 2 |
| employee of Southern Illinois University exercising the | 3 |
| powers
of a peace officer
a distinct badge
that, on its | 4 |
| face, (i) clearly states that the badge is authorized by | 5 |
| Southern
Illinois
University and
(ii) contains a unique | 6 |
| identifying number. No other badge shall be authorized
by | 7 |
| Southern Illinois University. | 8 |
| 10.5.
To conduct health care programs in furtherance of | 9 |
| its teaching, research, and public service functions, | 10 |
| which shall include without limitation patient and | 11 |
| ancillary facilities, institutes, clinics, or offices | 12 |
| owned, leased, or purchased through an equity interest by | 13 |
| the Board or its appointed designee to carry out such | 14 |
| activities in the course of or in support of the Board's | 15 |
| academic, clinical, and public service responsibilities.
| 16 |
| 11. To administer a plan or plans established by the | 17 |
| clinical faculty
of the School of Medicine for the billing, | 18 |
| collection and disbursement of
charges for services | 19 |
| performed
in the course of or in support of the faculty's | 20 |
| academic responsibilities,
provided that such plan has | 21 |
| been first approved by Board action. All such
collections | 22 |
| shall be deposited into a special fund or funds | 23 |
| administered
by the Board from which disbursements may be | 24 |
| made according to the provisions
of said plan. The | 25 |
| reasonable costs incurred, by the University, | 26 |
| administering
the billing, collection and disbursement |
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| provisions of a plan shall have
first priority for payment | 2 |
| before distribution or disbursement for any other
purpose. | 3 |
| Audited financial statements of the plan or plans must be | 4 |
| provided to the Legislative Audit
Commission annually. | 5 |
| The Board of Trustees may own, operate, or govern, by | 6 |
| or through the School
of Medicine, a managed care community | 7 |
| network established under subsection
(b)
of Section 5-11 of | 8 |
| the Illinois Public Aid Code. | 9 |
| 12. The Board of Trustees may, directly or in | 10 |
| cooperation with other
institutions of higher education, | 11 |
| acquire by purchase or lease or
otherwise, and construct, | 12 |
| enlarge, improve, equip, complete, operate,
control and | 13 |
| manage medical research and high technology parks, | 14 |
| together
with the necessary lands, buildings, facilities, | 15 |
| equipment, and personal
property therefor, to encourage | 16 |
| and facilitate (a) the location and
development of business | 17 |
| and industry in the State of Illinois, and (b) the
| 18 |
| increased application and development of technology and | 19 |
| (c) the improvement
and development of the State's economy. | 20 |
| The Board of Trustees may lease to
nonprofit corporations | 21 |
| all or any part of the land, buildings, facilities,
| 22 |
| equipment or other property included in a medical research | 23 |
| and high
technology park upon such terms and conditions as | 24 |
| the Board of Trustees may
deem advisable and enter into any | 25 |
| contract or agreement with such nonprofit
corporations as | 26 |
| may be necessary or suitable for the construction,
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| financing, operation and maintenance and management of any | 2 |
| such park; and
may lease to any person, firm, partnership | 3 |
| or corporation, either public or
private, any part or all | 4 |
| of the land, building, facilities, equipment or
other | 5 |
| property of such park for such purposes and upon such
| 6 |
| rentals, terms and conditions as the Board of Trustees may | 7 |
| deem advisable; and
may finance all or part of the cost of | 8 |
| any such park, including the purchase,
lease, | 9 |
| construction, reconstruction, improvement, remodeling, | 10 |
| addition to,
and extension and maintenance of all or part | 11 |
| of such high technology park,
and all equipment and | 12 |
| furnishings, by legislative appropriations, government
| 13 |
| grants, contracts, private gifts, loans, receipts from the | 14 |
| operation of
such high technology park, rentals and similar | 15 |
| receipts; and may make its
other facilities and services | 16 |
| available to tenants or other occupants of
any such park at | 17 |
| rates which are reasonable and appropriate. | 18 |
| 13. To borrow money, as necessary, from time to time in | 19 |
| anticipation of receiving tuition, payments from the State | 20 |
| of Illinois, or other revenues or receipts of the | 21 |
| University, also known as anticipated moneys; provided | 22 |
| that the money shall be repaid within 12 months after the | 23 |
| time the money is borrowed and the amount borrowed shall | 24 |
| not exceed 75% of the total amount of payroll and other | 25 |
| expense vouchers submitted, but unpaid at the | 26 |
| Comptroller's Office, 30 days prior to the anticipated |
|
|
|
09600SB0642sam003 |
- 18 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| borrowing. The borrowed moneys shall be applied only for | 2 |
| the purposes of paying salaries and other expenses lawfully | 3 |
| authorized in the university's State appropriation. No | 4 |
| borrowing under this provision shall be allowed after | 5 |
| August 31, 2010. The borrowed moneys shall be applied to | 6 |
| the purposes for which the anticipated moneys are lawfully | 7 |
| available. The Chairman or Treasurer of the Board shall | 8 |
| execute a promissory note or similar debt instrument to | 9 |
| evidence the indebtedness incurred by the borrowing. In | 10 |
| connection with a borrowing, the Board may establish a line | 11 |
| of credit with a financial institution. | 12 |
| The obligation to make the payments due under the | 13 |
| promissory note or other debt instrument shall be a lawful | 14 |
| obligation of the University payable from the anticipated | 15 |
| moneys as set forth in the resolution authorizing the same. | 16 |
| Any borrowing under this item 13 shall not constitute a | 17 |
| debt, legal or moral, of the State and shall not be | 18 |
| enforceable against the State. The promissory note or other | 19 |
| debt instrument shall be authorized by a resolution passed | 20 |
| by the Board and shall be valid whether or not a budgeted | 21 |
| item with respect to that resolution is included in any | 22 |
| annual or supplemental budget adopted by the Board. The | 23 |
| resolution shall set forth facts demonstrating the need for | 24 |
| the borrowing, state an amount that the amount to be | 25 |
| borrowed will not exceed, establish a maximum interest rate | 26 |
| limit not to exceed the maximum rate authorized by the Bond |
|
|
|
09600SB0642sam003 |
- 19 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| Authorization Act, and provide a date by which the borrowed | 2 |
| funds shall be repaid. The resolution may direct the | 3 |
| Treasurer of the Board to make arrangements to set apart | 4 |
| and hold the portion of the anticipated moneys, as | 5 |
| received, that shall be used to repay the borrowing, | 6 |
| subject to any prior pledges or restrictions with respect | 7 |
| to the anticipated moneys. The resolution may also | 8 |
| authorize the Treasurer of the Board to make partial | 9 |
| repayments of the borrowing as the anticipated moneys | 10 |
| become available and may contain any other terms, | 11 |
| restrictions, or limitations not inconsistent with the | 12 |
| powers of the Board. | 13 |
| For the purposes of this item 13, "financial | 14 |
| institution" means any bank subject to the Illinois Banking | 15 |
| Act, any savings and loan association subject to the | 16 |
| Illinois Savings and Loan Act of 1985, and any federally | 17 |
| chartered commercial bank or savings and loan association | 18 |
| organized and operated in this State pursuant to the laws | 19 |
| of the United States. | 20 |
| The powers of the Board as herein designated are subject to | 21 |
| the Board
of Higher Education Act. | 22 |
| (Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.) | 23 |
| Section 15. The Chicago State University Law is amended by | 24 |
| changing Section 5-45 as follows:
|
|
|
|
09600SB0642sam003 |
- 20 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| (110 ILCS 660/5-45)
| 2 |
| Sec. 5-45. Powers and duties. The Board also shall have | 3 |
| power and
it shall be its duty:
| 4 |
| (1) To make rules, regulations and bylaws, not inconsistent | 5 |
| with
law, for the government and management of Chicago State | 6 |
| University
and its branches;
| 7 |
| (2) To employ, and, for good cause, to remove a President | 8 |
| of Chicago State
University, and all necessary deans, | 9 |
| professors, associate
professors, assistant professors, | 10 |
| instructors, other educational and
administrative assistants, | 11 |
| and all other necessary employees, and to prescribe
their | 12 |
| duties and contract with them upon matters relating to tenure, | 13 |
| salaries
and
retirement benefits in accordance with
the State | 14 |
| Universities Civil Service Act. Whenever the Board establishes | 15 |
| a
search committee to fill the position of President of Chicago | 16 |
| State University,
there shall be minority representation, | 17 |
| including women, on that search
committee. The
Board shall, | 18 |
| upon the written request
of an employee of Chicago State | 19 |
| University, withhold from the compensation
of that employee any | 20 |
| dues, payments or contributions payable by such employee
to any | 21 |
| labor organization as defined in the Illinois Educational Labor
| 22 |
| Relations
Act. Under such arrangement, an amount shall be | 23 |
| withheld from each regular
payroll period which is equal to the | 24 |
| pro rata share of the annual dues plus
any payments or | 25 |
| contributions, and the Board shall transmit such withholdings
| 26 |
| to the specified labor organization within 10 working days from |
|
|
|
09600SB0642sam003 |
- 21 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| the time
of the withholding;
| 2 |
| (3) To prescribe the courses of study to be followed, and | 3 |
| textbooks
and apparatus to be used at Chicago State University;
| 4 |
| (4) To issue upon the recommendation of the faculty, | 5 |
| diplomas to such
persons as have satisfactorily completed the | 6 |
| required studies of
Chicago State University, and confer such | 7 |
| professional and literary
degrees as are usually conferred by | 8 |
| other institutions of like character
for similar or equivalent | 9 |
| courses of study, or such as the Board may
deem appropriate;
| 10 |
| (5) To examine into the conditions, management, and | 11 |
| administration of
Chicago State University, to provide the | 12 |
| requisite buildings,
apparatus, equipment and auxiliary | 13 |
| enterprises, and to fix and collect
matriculation fees; tuition | 14 |
| fees; fees for student activities; fees for
student facilities | 15 |
| such as student union buildings or field houses or
stadia or | 16 |
| other recreational facilities; student welfare fees;
| 17 |
| laboratory fees; and similar fees for supplies and materials.
| 18 |
| The expense of the building, improving, repairing and supplying | 19 |
| fuel and
furniture and the necessary appliances and apparatus | 20 |
| for conducting Chicago
State
University, the reimbursed | 21 |
| expenses of members of the Board, and the
salaries or | 22 |
| compensation of the President, assistants, agents and other
| 23 |
| employees of Chicago State University, shall be a charge upon | 24 |
| the State
Treasury. All
other expenses shall be chargeable | 25 |
| against students, and the Board shall
regulate the charges | 26 |
| accordingly;
|
|
|
|
09600SB0642sam003 |
- 22 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| (6) To succeed to and to administer all trusts, trust | 2 |
| property, and
gifts now or hereafter belonging or pertaining to | 3 |
| Chicago State
University;
| 4 |
| (7) To accept endowments of professorships or departments | 5 |
| in Chicago State
University from any person who may proffer | 6 |
| them and, at regular
meetings, to prescribe rules and | 7 |
| regulations in relation to endowments
and declare on what | 8 |
| general principles they may be accepted;
| 9 |
| (8) To enter into contracts with the Federal government for | 10 |
| providing
courses of instruction and other services at Chicago | 11 |
| State
University for persons serving in or with the military or | 12 |
| naval forces
of the United States, and to provide such courses | 13 |
| of instruction and
other services;
| 14 |
| (9) To contract with respect to the Cooperative Computer | 15 |
| Center to obtain
services related to electronic data | 16 |
| processing;
| 17 |
| (10) To provide for the receipt and expenditures of Federal | 18 |
| funds
paid to Chicago State University by the Federal | 19 |
| government for
instruction and other services for persons | 20 |
| serving in or with the
military or naval forces of the United | 21 |
| States, and to provide for audits
of such funds;
| 22 |
| (11) To appoint, subject to the applicable civil service | 23 |
| law, persons
to be members of the Chicago State University | 24 |
| Police Department.
Members of the Police Department shall be | 25 |
| conservators of the peace and
as such have all powers possessed | 26 |
| by policemen in cities, and sheriffs,
including the power to |
|
|
|
09600SB0642sam003 |
- 23 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| make arrests on view or warrants of violations of
State | 2 |
| statutes, University rules and regulations and city or county
| 3 |
| ordinances, except that they may exercise such powers only | 4 |
| within
counties wherein Chicago State University and any of its | 5 |
| branches or properties
are located when such is required for | 6 |
| the protection of University
properties and interests, and its | 7 |
| students and personnel, and otherwise,
within such counties, | 8 |
| when requested by appropriate State
or local law enforcement | 9 |
| officials. However, such officers shall have no
power to serve | 10 |
| and execute civil processes.
| 11 |
| The Board must authorize to each member of the Chicago | 12 |
| State University
Police
Department
and to any other employee of | 13 |
| Chicago State University exercising the powers
of a peace | 14 |
| officer
a distinct badge
that, on its face, (i) clearly states | 15 |
| that the badge is authorized by Chicago
State
University and
| 16 |
| (ii) contains a unique identifying number on its face.
No other | 17 |
| badge shall be authorized by
Chicago State University;
| 18 |
| (12) The Board may, directly or in cooperation with other | 19 |
| institutions
of higher education, acquire by purchase or lease | 20 |
| or otherwise, and construct,
enlarge, improve, equip, | 21 |
| complete, operate, control and manage research
and high | 22 |
| technology parks, together with the necessary lands, | 23 |
| buildings,
facilities, equipment, and personal property | 24 |
| therefor,
to encourage and facilitate (i) the location and | 25 |
| development of business
and industry in the State of Illinois, | 26 |
| and (ii) the increased application
and development of |
|
|
|
09600SB0642sam003 |
- 24 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| technology, and (iii) the improvement and development of
the | 2 |
| State's economy. The Board may lease to nonprofit corporations
| 3 |
| all or any part
of the land, buildings, facilities, equipment | 4 |
| or other property included
in a research and high technology | 5 |
| park upon such terms and conditions
as the Board may deem | 6 |
| advisable and enter into any contract or
agreement with such | 7 |
| nonprofit corporations as may be necessary or suitable
for the | 8 |
| construction, financing, operation and maintenance and | 9 |
| management
of any such park; and may lease to any person, firm, | 10 |
| partnership or
corporation,
either public or private, any part | 11 |
| or all of the land, building, facilities,
equipment or other | 12 |
| property of such park for such purposes and upon such
rentals, | 13 |
| terms and conditions as the Board may deem advisable; and
may | 14 |
| finance all or part of the cost of any such park, including the | 15 |
| purchase,
lease, construction, reconstruction, improvement, | 16 |
| remodeling, addition to,
and extension and maintenance of all | 17 |
| or part of such high technology park,
and all equipment and | 18 |
| furnishings, by legislative appropriations, government
grants, | 19 |
| contracts, private gifts, loans, receipts from the operation of
| 20 |
| such high technology park, rentals and similar receipts; and | 21 |
| may make its
other facilities and services available to tenants | 22 |
| or other occupants of
any such park at rates which are | 23 |
| reasonable and appropriate.
| 24 |
| (13) To borrow money, as necessary, from time to time in | 25 |
| anticipation of receiving tuition, payments from the State of | 26 |
| Illinois, or other revenues or receipts of the University, also |
|
|
|
09600SB0642sam003 |
- 25 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| known as anticipated moneys; provided that the money shall be | 2 |
| repaid within 12 months after the time the money is borrowed | 3 |
| and the amount borrowed shall not exceed 75% of the total | 4 |
| amount of payroll and other expense vouchers submitted, but | 5 |
| unpaid at the Comptroller's Office, 30 days prior to the | 6 |
| anticipated borrowing. The borrowed moneys shall be applied | 7 |
| only for the purposes of paying salaries and other expenses | 8 |
| lawfully authorized in the university's State appropriation. | 9 |
| No borrowing under this provision shall be allowed after August | 10 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 11 |
| for which the anticipated moneys are lawfully available. The | 12 |
| Chairman or Treasurer of the Board shall execute a promissory | 13 |
| note or similar debt instrument to evidence the indebtedness | 14 |
| incurred by the borrowing. In connection with a borrowing, the | 15 |
| Board may establish a line of credit with a financial | 16 |
| institution. | 17 |
| The obligation to make the payments due under the | 18 |
| promissory note or other debt instrument shall be a lawful | 19 |
| obligation of the University payable from the anticipated | 20 |
| moneys as set forth in the resolution authorizing the same. Any | 21 |
| borrowing under this item (13) shall not constitute a debt, | 22 |
| legal or moral, of the State and shall not be enforceable | 23 |
| against the State. The promissory note or other debt instrument | 24 |
| shall be authorized by a resolution passed by the Board and | 25 |
| shall be valid whether or not a budgeted item with respect to | 26 |
| that resolution is included in any annual or supplemental |
|
|
|
09600SB0642sam003 |
- 26 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| budget adopted by the Board. The resolution shall set forth | 2 |
| facts demonstrating the need for the borrowing, state an amount | 3 |
| that the amount to be borrowed will not exceed, establish a | 4 |
| maximum interest rate limit not to exceed the maximum rate | 5 |
| authorized by the Bond Authorization Act, and provide a date by | 6 |
| which the borrowed funds shall be repaid. The resolution may | 7 |
| direct the Treasurer of the Board to make arrangements to set | 8 |
| apart and hold the portion of the anticipated moneys, as | 9 |
| received, that shall be used to repay the borrowing, subject to | 10 |
| any prior pledges or restrictions with respect to the | 11 |
| anticipated moneys. The resolution may also authorize the | 12 |
| Treasurer of the Board to make partial repayments of the | 13 |
| borrowing as the anticipated moneys become available and may | 14 |
| contain any other terms, restrictions, or limitations not | 15 |
| inconsistent with the powers of the Board. | 16 |
| For the purposes of this item (13), "financial institution" | 17 |
| means any bank subject to the Illinois Banking Act, any savings | 18 |
| and loan association subject to the Illinois Savings and Loan | 19 |
| Act of 1985, and any federally chartered commercial bank or | 20 |
| savings and loan association organized and operated in this | 21 |
| State pursuant to the laws of the United States. | 22 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 23 |
| Section 20. The Eastern Illinois University Law is amended | 24 |
| by changing Section 10-45 as follows:
|
|
|
|
09600SB0642sam003 |
- 27 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| (110 ILCS 665/10-45)
| 2 |
| Sec. 10-45. Powers and duties.
| 3 |
| (a) The Board also shall have power and
it shall be its | 4 |
| duty:
| 5 |
| (1) To make rules, regulations and bylaws, not | 6 |
| inconsistent with
law, for the government and management of | 7 |
| Eastern Illinois University
and its branches.
| 8 |
| (2) To employ, and, for good cause, to remove a | 9 |
| President of Eastern
Illinois University, and all | 10 |
| necessary deans, professors, associate
professors, | 11 |
| assistant professors, instructors, other educational and
| 12 |
| administrative assistants, and all other necessary | 13 |
| employees, and to prescribe
their duties and contract with | 14 |
| them upon matters relating to tenure, salaries
and | 15 |
| retirement benefits in accordance with
the State | 16 |
| Universities Civil Service Act. Whenever the Board | 17 |
| establishes a
search committee to fill the position of | 18 |
| President of Eastern Illinois
University, there shall be | 19 |
| minority representation, including women, on that
search | 20 |
| committee. The Board shall, upon the written request
of an | 21 |
| employee of Eastern Illinois University, withhold from the | 22 |
| compensation
of that employee any dues, payments or | 23 |
| contributions payable by such employee
to any labor | 24 |
| organization as defined in the Illinois Educational Labor
| 25 |
| Relations
Act. Under such arrangement, an amount shall be | 26 |
| withheld from each regular
payroll period which is equal to |
|
|
|
09600SB0642sam003 |
- 28 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| the pro rata share of the annual dues plus
any payments or | 2 |
| contributions, and the Board shall transmit such | 3 |
| withholdings
to the specified labor organization within 10 | 4 |
| working days from the time
of the withholding.
| 5 |
| (3) To prescribe the courses of study to be followed, | 6 |
| and textbooks
and apparatus to be used at Eastern Illinois | 7 |
| University.
| 8 |
| (4) To issue upon the recommendation of the faculty, | 9 |
| diplomas to such
persons as have satisfactorily completed | 10 |
| the required studies of
Eastern Illinois University, and | 11 |
| confer such professional and literary
degrees as are | 12 |
| usually conferred by other institutions of like character
| 13 |
| for similar or equivalent courses of study, or such as the | 14 |
| Board may
deem appropriate.
| 15 |
| (5) To examine into the conditions, management, and | 16 |
| administration of
Eastern Illinois University, to provide | 17 |
| the requisite buildings,
apparatus, equipment and | 18 |
| auxiliary enterprises, and to fix and collect
| 19 |
| matriculation fees; tuition fees; fees for student | 20 |
| activities; fees for
student facilities such as student | 21 |
| union buildings or field houses or
stadia or other | 22 |
| recreational facilities; student welfare fees;
laboratory | 23 |
| fees; and similar fees for supplies and materials.
The | 24 |
| expense of the building, improving, repairing and | 25 |
| supplying fuel and
furniture and the necessary appliances | 26 |
| and apparatus for conducting Eastern
Illinois
University, |
|
|
|
09600SB0642sam003 |
- 29 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| the reimbursed expenses of members of the Board, and the
| 2 |
| salaries or compensation of the President, assistants, | 3 |
| agents and other
employees of Eastern Illinois University, | 4 |
| shall be a charge upon the State
Treasury. All
other | 5 |
| expenses shall be chargeable against students, and the | 6 |
| Board shall
regulate the charges accordingly.
| 7 |
| (6) To succeed to and to administer all trusts, trust | 8 |
| property, and
gifts now or hereafter belonging or | 9 |
| pertaining to Eastern Illinois
University.
| 10 |
| (7) To accept endowments of professorships or | 11 |
| departments in Eastern
Illinois University from any person | 12 |
| who may proffer them and, at regular
meetings, to prescribe | 13 |
| rules and regulations in relation to endowments
and declare | 14 |
| on what general principles they may be accepted.
| 15 |
| (8) To enter into contracts with the Federal government | 16 |
| for providing
courses of instruction and other services at | 17 |
| Eastern Illinois
University for persons serving in or with | 18 |
| the military or naval forces
of the United States, and to | 19 |
| provide such courses of instruction and
other services.
| 20 |
| (9) To contract with respect to the Cooperative | 21 |
| Computer Center to obtain
services related to electronic | 22 |
| data processing.
| 23 |
| (10) To provide for the receipt and expenditures of | 24 |
| Federal funds
paid to Eastern Illinois University by the | 25 |
| Federal government for
instruction and other services for | 26 |
| persons serving in or with the
military or naval forces of |
|
|
|
09600SB0642sam003 |
- 30 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| the United States, and to provide for audits
of such funds.
| 2 |
| (11) To appoint, subject to the applicable civil | 3 |
| service law, persons
to be members of the Eastern Illinois | 4 |
| University Police Department.
Members of the Police | 5 |
| Department shall be conservators of the peace and
as such | 6 |
| have all powers possessed by policemen in cities, and | 7 |
| sheriffs,
including the power to make arrests on view or | 8 |
| warrants of violations of
State statutes, University rules | 9 |
| and regulations and city or county
ordinances, except that | 10 |
| they may exercise such powers only within
counties wherein | 11 |
| Eastern Illinois University and any of its branches or
| 12 |
| properties are located when such is required for the | 13 |
| protection of University
properties and interests, and its | 14 |
| students and personnel, and otherwise,
within such | 15 |
| counties, when requested by appropriate State
or local law | 16 |
| enforcement officials. However, such officers shall have | 17 |
| no
power to serve and execute civil processes.
| 18 |
| The Board must authorize to each member of the Eastern | 19 |
| Illinois University
Police
Department
and to any other | 20 |
| employee of Eastern Illinois University exercising the | 21 |
| powers
of a peace officer
a distinct badge
that, on its | 22 |
| face, (i) clearly states that the badge is authorized by | 23 |
| Eastern
Illinois
University and
(ii) contains a unique | 24 |
| identifying number.
No other badge shall be authorized by
| 25 |
| Eastern Illinois University.
| 26 |
| (12) To borrow money, as necessary, from time to time |
|
|
|
09600SB0642sam003 |
- 31 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| in anticipation of receiving tuition, payments from the | 2 |
| State of Illinois, or other revenues or receipts of the | 3 |
| University, also known as anticipated moneys; provided | 4 |
| that the money shall be repaid within 12 months after the | 5 |
| time the money is borrowed and the amount borrowed shall | 6 |
| not exceed 75% of the total amount of payroll and other | 7 |
| expense vouchers submitted, but unpaid at the | 8 |
| Comptroller's Office, 30 days prior to the anticipated | 9 |
| borrowing. The borrowed moneys shall be applied only for | 10 |
| the purposes of paying salaries and other expenses lawfully | 11 |
| authorized in the university's State appropriation. No | 12 |
| borrowing under this provision shall be allowed after | 13 |
| August 31, 2010. The borrowed moneys shall be applied to | 14 |
| the purposes for which the anticipated moneys are lawfully | 15 |
| available. The Chairman or Treasurer of the Board shall | 16 |
| execute a promissory note or similar debt instrument to | 17 |
| evidence the indebtedness incurred by the borrowing. In | 18 |
| connection with a borrowing, the Board may establish a line | 19 |
| of credit with a financial institution. | 20 |
| The obligation to make the payments due under the | 21 |
| promissory note or other debt instrument shall be a lawful | 22 |
| obligation of the University payable from the anticipated | 23 |
| moneys as set forth in the resolution authorizing the same. | 24 |
| Any borrowing under this item (12) shall not constitute a | 25 |
| debt, legal or moral, of the State and shall not be | 26 |
| enforceable against the State. The promissory note or other |
|
|
|
09600SB0642sam003 |
- 32 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| debt instrument shall be authorized by a resolution passed | 2 |
| by the Board and shall be valid whether or not a budgeted | 3 |
| item with respect to that resolution is included in any | 4 |
| annual or supplemental budget adopted by the Board. The | 5 |
| resolution shall set forth facts demonstrating the need for | 6 |
| the borrowing, state an amount that the amount to be | 7 |
| borrowed will not exceed, establish a maximum interest rate | 8 |
| limit not to exceed the maximum rate authorized by the Bond | 9 |
| Authorization Act, and provide a date by which the borrowed | 10 |
| funds shall be repaid. The resolution may direct the | 11 |
| Treasurer of the Board to make arrangements to set apart | 12 |
| and hold the portion of the anticipated moneys, as | 13 |
| received, that shall be used to repay the borrowing, | 14 |
| subject to any prior pledges or restrictions with respect | 15 |
| to the anticipated moneys. The resolution may also | 16 |
| authorize the Treasurer of the Board to make partial | 17 |
| repayments of the borrowing as the anticipated moneys | 18 |
| become available and may contain any other terms, | 19 |
| restrictions, or limitations not inconsistent with the | 20 |
| powers of the Board. | 21 |
| For the purposes of this item (12), "financial | 22 |
| institution" means any bank subject to the Illinois Banking | 23 |
| Act, any savings and loan association subject to the | 24 |
| Illinois Savings and Loan Act of 1985, and any federally | 25 |
| chartered commercial bank or savings and loan association | 26 |
| organized and operated in this State pursuant to the laws |
|
|
|
09600SB0642sam003 |
- 33 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| of the United States. | 2 |
| (b) 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 |
|
|
|
09600SB0642sam003 |
- 34 - |
LRB096 06697 NHT 37838 a |
|
| 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 |
| (c) The Board may sell the following described property | 9 |
| without compliance
with
the State Property Control Act and | 10 |
| retain the proceeds in the University
treasury in a
special, | 11 |
| separate development fund account that the Auditor General | 12 |
| shall
examine to
assure compliance with this Law:
| 13 |
| Lots 511 and 512 in Heritage Woods V, Charleston, Coles | 14 |
| County,
Illinois.
| 15 |
| Revenues from the development fund account may be withdrawn by | 16 |
| the University
for
the purpose of upgrading the on-campus | 17 |
| formal reception facility. Moneys from
the
development fund | 18 |
| account used for any other purpose must be deposited into and
| 19 |
| appropriated from the General Revenue Fund.
| 20 |
| (Source: P.A. 91-251, eff. 7-22-99; 91-883, eff. 1-1-01.)
| 21 |
| Section 25. The Governors State University Law is amended | 22 |
| by changing Section 15-45 as follows:
| 23 |
| (110 ILCS 670/15-45)
| 24 |
| Sec. 15-45. Powers and duties. The Board also shall have |
|
|
|
09600SB0642sam003 |
- 35 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| power and
it shall be its duty:
| 2 |
| (1) To make rules, regulations and bylaws, not inconsistent | 3 |
| with
law, for the government and management of Governors State | 4 |
| University
and its branches;
| 5 |
| (2) To employ, and, for good cause, to remove a President | 6 |
| of Governors State
University, and all necessary deans, | 7 |
| professors, associate
professors, assistant professors, | 8 |
| instructors, other educational and
administrative assistants, | 9 |
| and all other necessary employees, and to prescribe
their | 10 |
| duties and contract with them upon matters relating to tenure, | 11 |
| salaries
and retirement benefits in accordance with
the State | 12 |
| Universities Civil Service Act. Whenever the Board establishes | 13 |
| a
search committee to fill the position of President of | 14 |
| Governors State
University, there shall be minority | 15 |
| representation, including women, on that
search committee. The | 16 |
| Board shall, upon the written request
of an employee of | 17 |
| Governors State University, withhold from the compensation
of | 18 |
| that employee any dues, payments or contributions payable by | 19 |
| such employee
to any labor organization as defined in the | 20 |
| Illinois Educational Labor
Relations
Act. Under such | 21 |
| arrangement, an amount shall be withheld from each regular
| 22 |
| payroll period which is equal to the pro rata share of the | 23 |
| annual dues plus
any payments or contributions, and the Board | 24 |
| shall transmit such withholdings
to the specified labor | 25 |
| organization within 10 working days from the time
of the | 26 |
| withholding;
|
|
|
|
09600SB0642sam003 |
- 36 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| (3) To prescribe the courses of study to be followed, and | 2 |
| textbooks
and apparatus to be used at Governors State | 3 |
| University;
| 4 |
| (4) To issue upon the recommendation of the faculty, | 5 |
| diplomas to such
persons as have satisfactorily completed the | 6 |
| required studies of
Governors State University, and confer such | 7 |
| professional and literary
degrees as are usually conferred by | 8 |
| other institutions of like character
for similar or equivalent | 9 |
| courses of study, or such as the Board may
deem appropriate;
| 10 |
| (5) To examine into the conditions, management, and | 11 |
| administration of
Governors State University, to provide the | 12 |
| requisite buildings,
apparatus, equipment and auxiliary | 13 |
| enterprises, and to fix and collect
matriculation fees; tuition | 14 |
| fees; fees for student activities; fees for
student facilities | 15 |
| such as student union buildings or field houses or
stadia or | 16 |
| other recreational facilities; student welfare fees;
| 17 |
| laboratory fees; and similar fees for supplies and materials.
| 18 |
| The expense of the building, improving, repairing and supplying | 19 |
| fuel and
furniture and the necessary appliances and apparatus | 20 |
| for conducting Governors
State University, the reimbursed | 21 |
| expenses of members of the Board, and the
salaries or | 22 |
| compensation of the President, assistants, agents and other
| 23 |
| employees of Governors State University, shall be a charge upon | 24 |
| the State
Treasury. All
other expenses shall be chargeable | 25 |
| against students, and the Board shall
regulate the charges | 26 |
| accordingly;
|
|
|
|
09600SB0642sam003 |
- 37 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| (6) To succeed to and to administer all trusts, trust | 2 |
| property, and
gifts now or hereafter belonging or pertaining to | 3 |
| Governors State
University;
| 4 |
| (7) To accept endowments of professorships or departments | 5 |
| in Governors State
University from any person who may proffer | 6 |
| them and, at regular
meetings, to prescribe rules and | 7 |
| regulations in relation to endowments
and declare on what | 8 |
| general principles they may be accepted;
| 9 |
| (8) To enter into contracts with the Federal government for | 10 |
| providing
courses of instruction and other services at | 11 |
| Governors State
University for persons serving in or with the | 12 |
| military or naval forces
of the United States, and to provide | 13 |
| such courses of instruction and
other services;
| 14 |
| (9) To operate, maintain, and contract with respect to the | 15 |
| Cooperative
Computer Center for its own purposes and to provide | 16 |
| services related to
electronic data processing to other public | 17 |
| and private colleges and
universities, to governmental | 18 |
| agencies, and to public or private not-for-profit
agencies; and | 19 |
| to examine
the conditions, management, and administration of | 20 |
| the Cooperative Computer
Center;
| 21 |
| (10) To provide for the receipt and expenditures of Federal | 22 |
| funds
paid to Governors State University by the Federal | 23 |
| government for
instruction and other services for persons | 24 |
| serving in or with the
military or naval forces of the United | 25 |
| States, and to provide for audits
of such funds;
| 26 |
| (11) To appoint, subject to the applicable civil service |
|
|
|
09600SB0642sam003 |
- 38 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| law, persons
to be members of the Governors State University | 2 |
| Police Department.
Members of the Police Department shall be | 3 |
| conservators of the peace and
as such have all powers possessed | 4 |
| by policemen in cities, and sheriffs,
including the power to | 5 |
| make arrests on view or warrants of violations of
State | 6 |
| statutes, University rules and regulations and city or county
| 7 |
| ordinances, except that they may exercise such powers only | 8 |
| within
counties wherein Governors State University and any of | 9 |
| its branches or
properties are located when such is required | 10 |
| for the protection of University
properties and interests, and | 11 |
| its students and personnel, and otherwise,
within such | 12 |
| counties, when requested by appropriate State
or local law | 13 |
| enforcement officials. However, such officers shall have no
| 14 |
| power to serve and execute civil processes.
| 15 |
| The Board must authorize to each member of the Governors | 16 |
| State University
Police
Department
and to any other employee of | 17 |
| Governors State University exercising the powers
of a peace | 18 |
| officer
a distinct badge
that, on its face, (i) clearly states | 19 |
| that the badge is authorized by Governors
State
University and
| 20 |
| (ii) contains a unique identifying number.
No other badge shall | 21 |
| be authorized by
Governors State University;
| 22 |
| (12) The Board may, directly or in cooperation with other | 23 |
| institutions
of higher education, acquire by purchase or lease | 24 |
| or otherwise, and construct,
enlarge, improve, equip, | 25 |
| complete, operate, control and manage research
and high | 26 |
| technology parks, together with the necessary lands, |
|
|
|
09600SB0642sam003 |
- 39 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| buildings,
facilities, equipment, and personal property | 2 |
| therefor,
to encourage and facilitate (i) the location and | 3 |
| development of business
and industry in the State of Illinois, | 4 |
| and (ii) the increased application
and development of | 5 |
| technology, and (iii) the improvement and development of
the | 6 |
| State's economy. The Board may lease to nonprofit corporations
| 7 |
| all or any part
of the land, buildings, facilities, equipment | 8 |
| or other property included
in a research and high technology | 9 |
| park upon such terms and conditions
as the Board may deem | 10 |
| advisable and enter into any contract or
agreement with such | 11 |
| nonprofit corporations as may be necessary or suitable
for the | 12 |
| construction, financing, operation and maintenance and | 13 |
| management
of any such park; and may lease to any person, firm, | 14 |
| partnership or
corporation,
either public or private, any part | 15 |
| or all of the land, building, facilities,
equipment or other | 16 |
| property of such park for such purposes and upon such
rentals, | 17 |
| terms and conditions as the Board may deem advisable; and
may | 18 |
| finance all or part of the cost of any such park, including the | 19 |
| purchase,
lease, construction, reconstruction, improvement, | 20 |
| remodeling, addition to,
and extension and maintenance of all | 21 |
| or part of such high technology park,
and all equipment and | 22 |
| furnishings, by legislative appropriations, government
grants, | 23 |
| contracts, private gifts, loans, receipts from the operation of
| 24 |
| such high technology park, rentals and similar receipts; and | 25 |
| may make its
other facilities and services available to tenants | 26 |
| or other occupants of
any such park at rates which are |
|
|
|
09600SB0642sam003 |
- 40 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| reasonable and appropriate.
| 2 |
| (13) To borrow money, as necessary, from time to time in | 3 |
| anticipation of receiving tuition, payments from the State of | 4 |
| Illinois, or other revenues or receipts of the University, also | 5 |
| known as anticipated moneys; provided that the money shall be | 6 |
| repaid within 12 months after the time the money is borrowed | 7 |
| and the amount borrowed shall not exceed 75% of the total | 8 |
| amount of payroll and other expense vouchers submitted, but | 9 |
| unpaid at the Comptroller's Office, 30 days prior to the | 10 |
| anticipated borrowing. The borrowed moneys shall be applied | 11 |
| only for the purposes of paying salaries and other expenses | 12 |
| lawfully authorized in the university's State appropriation. | 13 |
| No borrowing under this provision shall be allowed after August | 14 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 15 |
| for which the anticipated moneys are lawfully available. The | 16 |
| Chairman or Treasurer of the Board shall execute a promissory | 17 |
| note or similar debt instrument to evidence the indebtedness | 18 |
| incurred by the borrowing. In connection with a borrowing, the | 19 |
| Board may establish a line of credit with a financial | 20 |
| institution. | 21 |
| The obligation to make the payments due under the | 22 |
| promissory note or other debt instrument shall be a lawful | 23 |
| obligation of the University payable from the anticipated | 24 |
| moneys as set forth in the resolution authorizing the same. Any | 25 |
| borrowing under this item (13) shall not constitute a debt, | 26 |
| legal or moral, of the State and shall not be enforceable |
|
|
|
09600SB0642sam003 |
- 41 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| against the State. The promissory note or other debt instrument | 2 |
| shall be authorized by a resolution passed by the Board and | 3 |
| shall be valid whether or not a budgeted item with respect to | 4 |
| that resolution is included in any annual or supplemental | 5 |
| budget adopted by the Board. The resolution shall set forth | 6 |
| facts demonstrating the need for the borrowing, state an amount | 7 |
| that the amount to be borrowed will not exceed, establish a | 8 |
| maximum interest rate limit not to exceed the maximum rate | 9 |
| authorized by the Bond Authorization Act, and provide a date by | 10 |
| which the borrowed funds shall be repaid. The resolution may | 11 |
| direct the Treasurer of the Board to make arrangements to set | 12 |
| apart and hold the portion of the anticipated moneys, as | 13 |
| received, that shall be used to repay the borrowing, subject to | 14 |
| any prior pledges or restrictions with respect to the | 15 |
| anticipated moneys. The resolution may also authorize the | 16 |
| Treasurer of the Board to make partial repayments of the | 17 |
| borrowing as the anticipated moneys become available and may | 18 |
| contain any other terms, restrictions, or limitations not | 19 |
| inconsistent with the powers of the Board. | 20 |
| For the purposes of this item (13), "financial institution" | 21 |
| means any bank subject to the Illinois Banking Act, any savings | 22 |
| and loan association subject to the Illinois Savings and Loan | 23 |
| Act of 1985, and any federally chartered commercial bank or | 24 |
| savings and loan association organized and operated in this | 25 |
| State pursuant to the laws of the United States. | 26 |
| (Source: P.A. 91-883, eff. 1-1-01.)
|
|
|
|
09600SB0642sam003 |
- 42 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| Section 30. The Illinois State University Law is amended by | 2 |
| changing Section 20-45 as follows:
| 3 |
| (110 ILCS 675/20-45)
| 4 |
| Sec. 20-45. Powers and duties. The Board also shall have | 5 |
| power and
it shall be its duty:
| 6 |
| (1) To make rules, regulations and bylaws, not inconsistent | 7 |
| with
law, for the government and management of Illinois State | 8 |
| University
and its branches;
| 9 |
| (2) To employ, and, for good cause, to remove a President | 10 |
| of Illinois State
University, and all necessary deans, | 11 |
| professors, associate
professors, assistant professors, | 12 |
| instructors, other educational and
administrative assistants, | 13 |
| and all other necessary employees, and to prescribe
their | 14 |
| duties and contract with them upon matters relating to tenure, | 15 |
| salaries
and retirement benefits in accordance with
the State | 16 |
| Universities Civil Service Act. Whenever the Board establishes | 17 |
| a
search committee to fill the position of President of | 18 |
| Illinois State
University, there shall be minority | 19 |
| representation, including women, on that
search committee. The | 20 |
| Board shall, upon the written request
of an employee of | 21 |
| Illinois State University, withhold from the compensation
of | 22 |
| that employee any dues, payments or contributions payable by | 23 |
| such employee
to any labor organization as defined in the | 24 |
| Illinois Educational Labor
Relations
Act. Under such |
|
|
|
09600SB0642sam003 |
- 43 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| arrangement, an amount shall be withheld from each regular
| 2 |
| payroll period which is equal to the pro rata share of the | 3 |
| annual dues plus
any payments or contributions, and the Board | 4 |
| shall transmit such withholdings
to the specified labor | 5 |
| organization within 10 working days from the time
of the | 6 |
| withholding;
| 7 |
| (3) To prescribe the courses of study to be followed, and | 8 |
| textbooks
and apparatus to be used at Illinois State | 9 |
| University;
| 10 |
| (4) To issue upon the recommendation of the faculty, | 11 |
| diplomas to such
persons as have satisfactorily completed the | 12 |
| required studies of
Illinois State University, and confer such | 13 |
| professional and literary
degrees as are usually conferred by | 14 |
| other institutions of like character
for similar or equivalent | 15 |
| courses of study, or such as the Board may
deem appropriate;
| 16 |
| (5) To examine into the conditions, management, and | 17 |
| administration of
Illinois State University, to provide the | 18 |
| requisite buildings,
apparatus, equipment and auxiliary | 19 |
| enterprises, and to fix and collect
matriculation fees; tuition | 20 |
| fees; fees for student activities; fees for
student facilities | 21 |
| such as student union buildings or field houses or
stadia or | 22 |
| other recreational facilities; student welfare fees;
| 23 |
| laboratory fees; and similar fees for supplies and materials.
| 24 |
| The expense of the building, improving, repairing and supplying | 25 |
| fuel and
furniture and the necessary appliances and apparatus | 26 |
| for conducting Illinois
State University, the reimbursed |
|
|
|
09600SB0642sam003 |
- 44 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| expenses of members of the Board, and the
salaries or | 2 |
| compensation of the President, assistants, agents and other
| 3 |
| employees of Illinois State University, shall be a charge upon | 4 |
| the State
Treasury. All
other expenses shall be chargeable | 5 |
| against students, and the Board shall
regulate the charges | 6 |
| accordingly;
| 7 |
| (6) To succeed to and to administer all trusts, trust | 8 |
| property, and
gifts now or hereafter belonging or pertaining to | 9 |
| Illinois State
University;
| 10 |
| (7) To accept endowments of professorships or departments | 11 |
| in Illinois State
University from any person who may proffer | 12 |
| them and, at regular
meetings, to prescribe rules and | 13 |
| regulations in relation to endowments
and declare on what | 14 |
| general principles they may be accepted;
| 15 |
| (8) To enter into contracts with the Federal government for | 16 |
| providing
courses of instruction and other services at Illinois | 17 |
| State
University for persons serving in or with the military or | 18 |
| naval forces
of the United States, and to provide such courses | 19 |
| of instruction and
other services;
| 20 |
| (9) To contract with respect to the Cooperative Computer | 21 |
| Center to obtain
services related to electronic data | 22 |
| processing;
| 23 |
| (10) To provide for the receipt and expenditures of Federal | 24 |
| funds
paid to Illinois State University by the Federal | 25 |
| government for
instruction and other services for persons | 26 |
| serving in or with the
military or naval forces of the United |
|
|
|
09600SB0642sam003 |
- 45 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| States, and to provide for audits
of such funds;
| 2 |
| (11) To appoint, subject to the applicable civil service | 3 |
| law, persons
to be members of the Illinois State University | 4 |
| Police Department.
Members of the Police Department shall be | 5 |
| conservators of the peace and
as such have all powers possessed | 6 |
| by policemen in cities, and sheriffs,
including the power to | 7 |
| make arrests on view or warrants of violations of
State | 8 |
| statutes, University rules and regulations and city or county
| 9 |
| ordinances, except that they may exercise such powers only | 10 |
| within
counties wherein Illinois State University and any of | 11 |
| its branches or
properties are located when such is required | 12 |
| for the protection of University
properties and interests, and | 13 |
| its students and personnel, and otherwise,
within such | 14 |
| counties, when requested by appropriate State
or local law | 15 |
| enforcement officials. However, such officers shall have no
| 16 |
| power to serve and execute civil processes.
| 17 |
| The Board must authorize to each member of the Illinois | 18 |
| State University
Police
Department
and to any other employee of | 19 |
| Illinois State University exercising the powers
of a peace | 20 |
| officer
a distinct badge
that, on its face, (i) clearly states | 21 |
| that the badge is authorized by Illinois
State
University and | 22 |
| (ii)
contains a unique identifying number.
No other badge shall | 23 |
| be authorized by
Illinois State University;
| 24 |
| (12) The Board may, directly or in cooperation with other | 25 |
| institutions
of higher education, acquire by purchase or lease | 26 |
| or otherwise, and construct,
enlarge, improve, equip, |
|
|
|
09600SB0642sam003 |
- 46 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| complete, operate, control and manage research
and high | 2 |
| technology parks, together with the necessary lands, | 3 |
| buildings,
facilities, equipment, and personal property | 4 |
| therefor,
to encourage and facilitate (i) the location and | 5 |
| development of business
and industry in the State of Illinois, | 6 |
| and (ii) the increased application
and development of | 7 |
| technology, and (iii) the improvement and development of
the | 8 |
| State's economy. The Board may lease to nonprofit corporations
| 9 |
| all or any part
of the land, buildings, facilities, equipment | 10 |
| or other property included
in a research and high technology | 11 |
| park upon such terms and conditions
as the Board may deem | 12 |
| advisable and enter into any contract or
agreement with such | 13 |
| nonprofit corporations as may be necessary or suitable
for the | 14 |
| construction, financing, operation and maintenance and | 15 |
| management
of any such park; and may lease to any person, firm, | 16 |
| partnership or
corporation, either public or private, any part | 17 |
| or all of the land, building,
facilities,
equipment or other | 18 |
| property of such park for such purposes and upon such
rentals, | 19 |
| terms and conditions as the Board may deem advisable; and
may | 20 |
| finance all or part of the cost of any such park, including the | 21 |
| purchase,
lease, construction, reconstruction, improvement, | 22 |
| remodeling, addition to,
and extension and maintenance of all | 23 |
| or part of such high technology park,
and all equipment and | 24 |
| furnishings, by legislative appropriations, government
grants, | 25 |
| contracts, private gifts, loans, receipts from the operation of
| 26 |
| such high technology park, rentals and similar receipts; and |
|
|
|
09600SB0642sam003 |
- 47 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| may make its
other facilities and services available to tenants | 2 |
| or other occupants of
any such park at rates which are | 3 |
| reasonable and appropriate;
| 4 |
| (13) To assist in the provision of lands, buildings, and | 5 |
| facilities that
are supportive of university purposes and | 6 |
| suitable and appropriate for the
conduct and operation of the | 7 |
| university's education programs, the
Board of Trustees of | 8 |
| Illinois State University may exercise the
powers specified in | 9 |
| subparagraphs (a), (b), and (c) of this paragraph (13) with
| 10 |
| regard to the following described property located near the
| 11 |
| Normal, Illinois campus of Illinois State University:
| 12 |
| Parcel 1: Approximately 300 acres that form a part of the | 13 |
| Illinois State
University Farm in Section 20, Township 24 | 14 |
| North, Range 2 East of the Third
Principal Meridian in | 15 |
| McLean County, Illinois.
| 16 |
| Parcels 2 and 3: Lands located in the Northeast Quadrant of | 17 |
| the City of
Normal in McLean County, Illinois, one such | 18 |
| parcel consisting of approximately
150 acres located north | 19 |
| and east of the old Illinois Soldiers and Sailors
| 20 |
| Children's School campus, and another such parcel, located | 21 |
| in the Northeast
Quadrant of the old Soldiers and Sailors | 22 |
| Children's School Campus, consisting
of approximately | 23 |
| 1.03.
| 24 |
| (a) The Board of Trustees may sell, lease, or otherwise | 25 |
| transfer and
convey
all or part of the above described | 26 |
| parcels of real estate, together with the
improvements |
|
|
|
09600SB0642sam003 |
- 48 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| situated thereon, to a bona fide purchaser for value, | 2 |
| without
compliance with the State Property Control Act and | 3 |
| on such terms as the Board
of Trustees shall determine are | 4 |
| in the best interests of Illinois State
University and | 5 |
| consistent with its objects and purposes.
| 6 |
| (b) The Board of Trustees may retain the proceeds from | 7 |
| the sale, lease, or
other transfer of all or any part of | 8 |
| the above described parcels of real estate
in the | 9 |
| University treasury, in a special, separate development | 10 |
| fund account
that the Auditor General shall examine to | 11 |
| assure the use or deposit of those
proceeds in a manner | 12 |
| consistent with the provisions of subparagraph (c) of this
| 13 |
| paragraph (13).
| 14 |
| (c) Moneys from the development fund account may be | 15 |
| used by the Board of
Trustees of Illinois State University | 16 |
| to acquire and develop other land to
achieve the same | 17 |
| purposes for which the parcels of real estate described in
| 18 |
| this item (13), all or a part of which have been sold, | 19 |
| leased, or otherwise
transferred and conveyed, were used | 20 |
| and for the purpose of demolition and the
processes | 21 |
| associated with demolition on the acquired land. Moneys | 22 |
| from the
development fund account used for any other | 23 |
| purpose must be deposited into and
appropriated from the
| 24 |
| General Revenue Fund. Buildings or facilities leased to an | 25 |
| entity or person
other than the University shall not be | 26 |
| subject to any limitations applicable to
a State-supported |
|
|
|
09600SB0642sam003 |
- 49 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| college or university under any law. All development on the
| 2 |
| land and all the use of any buildings or facilities shall | 3 |
| be subject to the
control and approval of the Board of | 4 |
| Trustees of Illinois State University.
| 5 |
| (14) To borrow money, as necessary, from time to time in | 6 |
| anticipation of receiving tuition, payments from the State of | 7 |
| Illinois, or other revenues or receipts of the University, also | 8 |
| known as anticipated moneys; provided that the money shall be | 9 |
| repaid within 12 months after the time the money is borrowed | 10 |
| and the amount borrowed shall not exceed 75% of the total | 11 |
| amount of payroll and other expense vouchers submitted, but | 12 |
| unpaid at the Comptroller's Office, 30 days prior to the | 13 |
| anticipated borrowing. The borrowed moneys shall be applied | 14 |
| only for the purposes of paying salaries and other expenses | 15 |
| lawfully authorized in the university's State appropriation. | 16 |
| No borrowing under this provision shall be allowed after August | 17 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 18 |
| for which the anticipated moneys are lawfully available. The | 19 |
| Chairman or Treasurer of the Board shall execute a promissory | 20 |
| note or similar debt instrument to evidence the indebtedness | 21 |
| incurred by the borrowing. In connection with a borrowing, the | 22 |
| Board may establish a line of credit with a financial | 23 |
| institution. | 24 |
| The obligation to make the payments due under the | 25 |
| promissory note or other debt instrument shall be a lawful | 26 |
| obligation of the University payable from the anticipated |
|
|
|
09600SB0642sam003 |
- 50 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| moneys as set forth in the resolution authorizing the same. Any | 2 |
| borrowing under this item (14) shall not constitute a debt, | 3 |
| legal or moral, of the State and shall not be enforceable | 4 |
| against the State. The promissory note or other debt instrument | 5 |
| shall be authorized by a resolution passed by the Board and | 6 |
| shall be valid whether or not a budgeted item with respect to | 7 |
| that resolution is included in any annual or supplemental | 8 |
| budget adopted by the Board. The resolution shall set forth | 9 |
| facts demonstrating the need for the borrowing, state an amount | 10 |
| that the amount to be borrowed will not exceed, establish a | 11 |
| maximum interest rate limit not to exceed the maximum rate | 12 |
| authorized by the Bond Authorization Act, and provide a date by | 13 |
| which the borrowed funds shall be repaid. The resolution may | 14 |
| direct the Treasurer of the Board to make arrangements to set | 15 |
| apart and hold the portion of the anticipated moneys, as | 16 |
| received, that shall be used to repay the borrowing, subject to | 17 |
| any prior pledges or restrictions with respect to the | 18 |
| anticipated moneys. The resolution may also authorize the | 19 |
| Treasurer of the Board to make partial repayments of the | 20 |
| borrowing as the anticipated moneys become available and may | 21 |
| contain any other terms, restrictions, or limitations not | 22 |
| inconsistent with the powers of the Board. | 23 |
| For the purposes of this item (14), "financial institution" | 24 |
| means any bank subject to the Illinois Banking Act, any savings | 25 |
| and loan association subject to the Illinois Savings and Loan | 26 |
| Act of 1985, and any federally chartered commercial bank or |
|
|
|
09600SB0642sam003 |
- 51 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| savings and loan association organized and operated in this | 2 |
| State pursuant to the laws of the United States. | 3 |
| (Source: P.A. 91-396, eff. 7-30-99; 91-883, eff. 1-1-01.)
| 4 |
| Section 33. The Northeastern Illinois University Law is | 5 |
| amended by changing Section 25-45 as follows:
| 6 |
| (110 ILCS 680/25-45)
| 7 |
| Sec. 25-45. Powers and duties. The Board also shall have | 8 |
| 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 Northeastern | 11 |
| Illinois University
and its branches;
| 12 |
| (2) To employ, and, for good cause, to remove a President | 13 |
| of Northeastern
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 | 21 |
| Northeastern Illinois
University, there shall be minority | 22 |
| representation, including women, on that
search committee. The | 23 |
| Board shall, upon the written request
of an employee of | 24 |
| Northeastern Illinois University, withhold from the
|
|
|
|
09600SB0642sam003 |
- 52 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| compensation
of that employee any dues, payments or | 2 |
| contributions payable by such employee
to any labor | 3 |
| 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 Northeastern 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
Northeastern Illinois University, and | 16 |
| confer such professional and literary
degrees as are usually | 17 |
| conferred by other institutions of like character
for similar | 18 |
| or 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
Northeastern Illinois University, to provide | 22 |
| the 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;
|
|
|
|
09600SB0642sam003 |
- 53 - |
LRB096 06697 NHT 37838 a |
|
| 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 Northeastern Illinois
University, the | 5 |
| reimbursed expenses of members of the Board, and the
salaries | 6 |
| or compensation of the President, assistants, agents and other
| 7 |
| employees of Northeastern Illinois University, shall be a | 8 |
| charge upon the State
Treasury. All
other expenses shall be | 9 |
| chargeable against students, and the Board shall
regulate the | 10 |
| charges accordingly;
| 11 |
| (6) To succeed to and to administer all trusts, trust | 12 |
| property, and
gifts now or hereafter belonging or pertaining to | 13 |
| Northeastern Illinois
University;
| 14 |
| (7) To accept endowments of professorships or departments | 15 |
| in Northeastern Illinois
University from any person who may | 16 |
| proffer 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 | 21 |
| Northeastern Illinois
University for persons serving in or with | 22 |
| the military or naval forces
of the United States, and to | 23 |
| provide such 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;
|
|
|
|
09600SB0642sam003 |
- 54 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| (10) To provide for the receipt and expenditures of Federal | 2 |
| funds
paid to Northeastern 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 Northeastern Illinois | 8 |
| University Police Department.
Members of the Police Department | 9 |
| shall be conservators of the peace and
as such have all powers | 10 |
| possessed by policemen in cities, and sheriffs,
including the | 11 |
| power to make arrests on view or warrants of violations of
| 12 |
| State statutes, University rules and regulations and city or | 13 |
| county
ordinances, except that they may exercise such powers | 14 |
| only within
counties wherein Northeastern Illinois University | 15 |
| and any of its branches or
properties
are located when such is | 16 |
| required for the protection of University
properties and | 17 |
| interests, and its students and personnel, and otherwise,
| 18 |
| within such counties, when requested by appropriate State
or | 19 |
| local law enforcement officials. However, such officers shall | 20 |
| have no
power to serve and execute civil processes.
| 21 |
| The Board must authorize to each member of the Northeastern | 22 |
| Illinois
University
Police Department
and to any other employee | 23 |
| of Northeastern Illinois University exercising the
powers
of a | 24 |
| peace officer
a distinct badge
that, on its face, (i) clearly | 25 |
| states that the badge is authorized by
Northeastern
Illinois | 26 |
| University
and (ii) contains a unique identifying number.
No |
|
|
|
09600SB0642sam003 |
- 55 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| other badge shall be authorized by
Northeastern Illinois | 2 |
| University;
| 3 |
| (12) The Board may, directly or in cooperation with other | 4 |
| institutions
of higher education, acquire by purchase or lease | 5 |
| or otherwise, and construct,
enlarge, improve, equip, | 6 |
| complete, operate, control and manage research
and high | 7 |
| technology parks, together with the necessary lands, | 8 |
| buildings,
facilities, equipment, and personal property | 9 |
| therefor,
to encourage and facilitate (i) the location and | 10 |
| development of business
and industry in the State of Illinois, | 11 |
| and (ii) the increased application
and development of | 12 |
| technology, and (iii) the improvement and development of
the | 13 |
| State's economy. The Board may lease to nonprofit corporations
| 14 |
| all or any part
of the land, buildings, facilities, equipment | 15 |
| or other property included
in a research and high technology | 16 |
| park upon such terms and conditions
as the Board may deem | 17 |
| advisable and enter into any contract or
agreement with such | 18 |
| nonprofit corporations as may be necessary or suitable
for the | 19 |
| construction, financing, operation and maintenance and | 20 |
| management
of any such park; and may lease to any person, firm, | 21 |
| partnership or
corporation,
either public or private, any part | 22 |
| or all of the land, building, facilities,
equipment or other | 23 |
| property of such park for such purposes and upon such
rentals, | 24 |
| terms and conditions as the Board may deem advisable; and
may | 25 |
| finance all or part of the cost of any such park, including the | 26 |
| purchase,
lease, construction, reconstruction, improvement, |
|
|
|
09600SB0642sam003 |
- 56 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| remodeling, addition to,
and extension and maintenance of all | 2 |
| or part of such high technology park,
and all equipment and | 3 |
| furnishings, by legislative appropriations, government
grants, | 4 |
| contracts, private gifts, loans, receipts from the operation of
| 5 |
| such high technology park, rentals and similar receipts; and | 6 |
| may make its
other facilities and services available to tenants | 7 |
| or other occupants of
any such park at rates which are | 8 |
| reasonable and appropriate.
| 9 |
| (13) To borrow money, as necessary, from time to time in | 10 |
| anticipation of receiving tuition, payments from the State of | 11 |
| Illinois, or other revenues or receipts of the University, also | 12 |
| known as anticipated moneys; provided that the money shall be | 13 |
| repaid within 12 months after the time the money is borrowed | 14 |
| and the amount borrowed shall not exceed 75% of the total | 15 |
| amount of payroll and other expense vouchers submitted, but | 16 |
| unpaid at the Comptroller's Office, 30 days prior to the | 17 |
| anticipated borrowing. The borrowed moneys shall be applied | 18 |
| only for the purposes of paying salaries and other expenses | 19 |
| lawfully authorized in the university's State appropriation. | 20 |
| No borrowing under this provision shall be allowed after August | 21 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 22 |
| for which the anticipated moneys are lawfully available. The | 23 |
| Chairman or Treasurer of the Board shall execute a promissory | 24 |
| note or similar debt instrument to evidence the indebtedness | 25 |
| incurred by the borrowing. In connection with a borrowing, the | 26 |
| Board may establish a line of credit with a financial |
|
|
|
09600SB0642sam003 |
- 57 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| institution. | 2 |
| The obligation to make the payments due under the | 3 |
| promissory note or other debt instrument shall be a lawful | 4 |
| obligation of the University payable from the anticipated | 5 |
| moneys as set forth in the resolution authorizing the same. Any | 6 |
| borrowing under this item (13) shall not constitute a debt, | 7 |
| legal or moral, of the State and shall not be enforceable | 8 |
| against the State. The promissory note or other debt instrument | 9 |
| shall be authorized by a resolution passed by the Board and | 10 |
| shall be valid whether or not a budgeted item with respect to | 11 |
| that resolution is included in any annual or supplemental | 12 |
| budget adopted by the Board. The resolution shall set forth | 13 |
| facts demonstrating the need for the borrowing, state an amount | 14 |
| that the amount to be borrowed will not exceed, establish a | 15 |
| maximum interest rate limit not to exceed the maximum rate | 16 |
| authorized by the Bond Authorization Act, and provide a date by | 17 |
| which the borrowed funds shall be repaid. The resolution may | 18 |
| direct the Treasurer of the Board to make arrangements to set | 19 |
| apart and hold the portion of the anticipated moneys, as | 20 |
| received, that shall be used to repay the borrowing, subject to | 21 |
| any prior pledges or restrictions with respect to the | 22 |
| anticipated moneys. The resolution may also authorize the | 23 |
| Treasurer of the Board to make partial repayments of the | 24 |
| borrowing as the anticipated moneys become available and may | 25 |
| contain any other terms, restrictions, or limitations not | 26 |
| inconsistent with the powers of the Board. |
|
|
|
09600SB0642sam003 |
- 58 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| For the purposes of this item (13), "financial institution" | 2 |
| means any bank subject to the Illinois Banking Act, any savings | 3 |
| and loan association subject to the Illinois Savings and Loan | 4 |
| Act of 1985, and any federally chartered commercial bank or | 5 |
| savings and loan association organized and operated in this | 6 |
| State pursuant to the laws of the United States. | 7 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 8 |
| Section 35. The Northern Illinois University Law is amended | 9 |
| by changing Section 30-45 as follows:
| 10 |
| (110 ILCS 685/30-45)
| 11 |
| Sec. 30-45. Powers and duties. The Board also shall have | 12 |
| power and
it shall be its duty:
| 13 |
| (1) To make rules, regulations and bylaws, not inconsistent
| 14 |
| with
law, for the government and management of Northern | 15 |
| Illinois University
and its branches;
| 16 |
| (2) To employ, and, for good cause, to remove a President | 17 |
| of Northern
Illinois University, and all necessary deans, | 18 |
| professors, associate
professors, assistant professors, | 19 |
| instructors, other educational and
administrative assistants, | 20 |
| and all other necessary employees, and to prescribe
their | 21 |
| duties and contract with them upon matters relating to
tenure, | 22 |
| salaries
and retirement benefits in accordance with
the State | 23 |
| Universities Civil Service Act. Whenever the Board establishes | 24 |
| a
search committee to fill the position of President of |
|
|
|
09600SB0642sam003 |
- 59 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| Northern Illinois
University, there shall be minority | 2 |
| representation, including women, on that
search committee. The | 3 |
| Board shall, upon the written request
of an employee of | 4 |
| Northern Illinois University, withhold from the compensation
| 5 |
| of that employee any dues, payments or contributions payable by | 6 |
| such employee
to any labor organization as defined in the | 7 |
| Illinois Educational Labor
Relations
Act. Under such | 8 |
| arrangement, an amount shall be withheld from each regular
| 9 |
| payroll period which is equal to the pro rata share of the | 10 |
| annual dues plus
any payments or contributions, and the Board | 11 |
| shall transmit such withholdings
to the specified labor | 12 |
| organization within 10 working days from the time
of the | 13 |
| withholding;
| 14 |
| (3) To prescribe the courses of study to be followed, and | 15 |
| textbooks
and apparatus to be used at Northern Illinois | 16 |
| University;
| 17 |
| (4) To issue upon the recommendation of the faculty, | 18 |
| diplomas to such
persons as have satisfactorily completed the | 19 |
| required studies of
Northern Illinois University, and confer | 20 |
| such professional and literary
degrees as are usually conferred | 21 |
| by other institutions of like character
for similar or | 22 |
| equivalent courses of study, or such as the Board may
deem | 23 |
| appropriate;
| 24 |
| (5) To examine into the conditions, management, and | 25 |
| administration of
Northern Illinois University, to provide the | 26 |
| requisite buildings,
apparatus, equipment and auxiliary |
|
|
|
09600SB0642sam003 |
- 60 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| enterprises, and to fix and collect
matriculation fees; tuition | 2 |
| fees; fees for student activities; fees for
student facilities | 3 |
| such as student union buildings or field houses or
stadia or | 4 |
| other recreational facilities; student welfare fees;
| 5 |
| laboratory fees; and similar fees for supplies and materials.
| 6 |
| The expense of the building, improving, repairing and supplying | 7 |
| fuel and
furniture and the necessary appliances and apparatus | 8 |
| for conducting Northern
Illinois University, the reimbursed | 9 |
| expenses of members of the Board, and the
salaries or | 10 |
| compensation of the President, assistants, agents and other
| 11 |
| employees of Northern Illinois University, shall be a charge | 12 |
| upon the State
Treasury. All
other expenses shall be chargeable | 13 |
| against students, and the Board shall
regulate the charges | 14 |
| accordingly;
| 15 |
| (6) To succeed to and to administer all trusts, trust | 16 |
| property, and
gifts now or hereafter belonging or pertaining to | 17 |
| Northern Illinois
University;
| 18 |
| (7) To accept endowments of professorships or departments | 19 |
| in Northern
Illinois University from any person who may proffer | 20 |
| them and, at regular
meetings, to prescribe rules and | 21 |
| regulations in relation to endowments
and declare on what | 22 |
| general principles they may be accepted;
| 23 |
| (8) To enter into contracts with the Federal government for | 24 |
| providing
courses of instruction and other services at Northern | 25 |
| Illinois
University for persons serving in or with the military | 26 |
| or naval forces
of the United States, and to provide such |
|
|
|
09600SB0642sam003 |
- 61 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| courses of instruction and
other services;
| 2 |
| (9) To contract with respect to the Cooperative Computer | 3 |
| Center to obtain
services related to electronic data | 4 |
| processing;
| 5 |
| (10) To provide for the receipt and expenditures of Federal | 6 |
| funds
paid to Northern Illinois University by the Federal | 7 |
| government for
instruction and other services for persons | 8 |
| serving in or with the
military or naval forces of the United | 9 |
| States, and to provide for audits
of such funds;
| 10 |
| (11) To appoint, subject to the applicable civil service | 11 |
| law, persons
to be members of the Northern Illinois University | 12 |
| Police Department.
Members of the Police Department shall be | 13 |
| conservators of the peace and
as such have all powers possessed | 14 |
| by policemen in cities, and sheriffs,
including the power to | 15 |
| make arrests on view or warrants of violations of
State | 16 |
| statutes, University rules and regulations and city or county
| 17 |
| ordinances, except that they may exercise such powers only | 18 |
| within
counties wherein Northern Illinois University and any of | 19 |
| its branches or
properties
are located when such is required | 20 |
| for the protection of University
properties and interests, and | 21 |
| its students and personnel, and otherwise,
within such | 22 |
| counties, when requested by appropriate State
or local law | 23 |
| enforcement officials. However, such officers shall have no
| 24 |
| power to serve and execute civil processes.
| 25 |
| The Board must authorize to each member of the Northern | 26 |
| Illinois University
Police
Department
and to any other employee |
|
|
|
09600SB0642sam003 |
- 62 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| of Northern Illinois University exercising the powers
of a | 2 |
| peace officer
a distinct badge
that, on its face, (i) clearly | 3 |
| states that the badge is authorized by Northern
Illinois
| 4 |
| University and
(ii) contains a unique identifying number.
No | 5 |
| other badge shall be authorized by
Northern Illinois | 6 |
| University;
| 7 |
| (12) The Board may, directly or in cooperation with other | 8 |
| institutions
of higher education, acquire by purchase or lease | 9 |
| or otherwise, and construct,
enlarge, improve, equip, | 10 |
| complete, operate, control and manage research
and high | 11 |
| technology parks, together with the necessary lands, | 12 |
| buildings,
facilities, equipment, and personal property | 13 |
| therefor,
to encourage and facilitate (i) the location and | 14 |
| development of business
and industry in the State of Illinois, | 15 |
| and (ii) the increased application
and development of | 16 |
| technology, and (iii) the improvement and development of
the | 17 |
| State's economy. The Board may lease to nonprofit corporations
| 18 |
| all or any part
of the land, buildings, facilities, equipment | 19 |
| or other property included
in a research and high technology | 20 |
| park upon such terms and conditions
as the Board may deem | 21 |
| advisable and enter into any contract or
agreement with such | 22 |
| nonprofit corporations as may be necessary or suitable
for the | 23 |
| construction, financing, operation and maintenance and | 24 |
| management
of any such park; and may lease to any person, firm, | 25 |
| partnership or
corporation,
either public or private, any part | 26 |
| or all of the land, building, facilities,
equipment or other |
|
|
|
09600SB0642sam003 |
- 63 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| property of such park for such purposes and upon such
rentals, | 2 |
| terms and conditions as the Board may deem advisable; and
may | 3 |
| finance all or part of the cost of any such park, including the | 4 |
| purchase,
lease, construction, reconstruction, improvement, | 5 |
| remodeling, addition to,
and extension and maintenance of all | 6 |
| or part of such high technology park,
and all equipment and | 7 |
| furnishings, by legislative appropriations, government
grants, | 8 |
| contracts, private gifts, loans, receipts from the operation of
| 9 |
| such high technology park, rentals and similar receipts; and | 10 |
| may make its
other facilities and services available to tenants | 11 |
| or other occupants of
any such park at rates which are | 12 |
| reasonable and appropriate.
| 13 |
| (13) To assist in the provision of buildings and facilities | 14 |
| beneficial
to,
useful for, or supportive of university | 15 |
| purposes, the Board of Trustees of
Northern Illinois University | 16 |
| may exercise the following powers with regard to
the area | 17 |
| located on or adjacent to the Northern Illinois University | 18 |
| DeKalb
campus and bounded as follows:
| 19 |
| Parcel 1:
| 20 |
| In Township 40 North, Range 4 East, of the Third Prime | 21 |
| Meridian, County of
DeKalb, State of Illinois: The East | 22 |
| half of the Southeast Quarter of Section
17, the Southwest | 23 |
| Quarter of Section 16, and the Northwest Quarter of Section
| 24 |
| 21, all in the County of DeKalb, Illinois.
| 25 |
| Parcel 2:
| 26 |
| In Township 40 North, Range 4 East, of the Third Prime |
|
|
|
09600SB0642sam003 |
- 64 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| Meridian, County of
DeKalb, State of Illinois: On the | 2 |
| North, by a line beginning at the Northwest
corner of the | 3 |
| Southeast Quarter of Section 15; thence East 1,903.3 feet; | 4 |
| thence
South to the North line of the Southeast Quarter of | 5 |
| the Southeast Quarter of
Section 15; thence East along said | 6 |
| line to North First Street; on the West by
Garden Road | 7 |
| between Lucinda Avenue and the North boundary; thence on | 8 |
| the South
by Lucinda Avenue between Garden Road and the | 9 |
| intersection of Lucinda Avenue
and the South Branch of the | 10 |
| Kishwaukee River, and by the South Branch of the
Kishwaukee | 11 |
| River between such intersection and easterly to the | 12 |
| intersection of
such river and North First Street; thence | 13 |
| on the East by North First Street.
| 14 |
| (a) Acquire any interests in land, buildings, or | 15 |
| facilities by purchase,
including installments payable | 16 |
| over a period allowed by law, by lease over a
term of such | 17 |
| duration as the Board of Trustees shall determine, or by | 18 |
| exercise
of the power of eminent domain;
| 19 |
| (b) Sublease or contract to purchase through | 20 |
| installments all or any
portion of buildings or facilities | 21 |
| for such duration and on such terms as the
Board of | 22 |
| Trustees shall determine, including a term that exceeds 5 | 23 |
| years,
provided that each such lease or purchase contract | 24 |
| shall be and shall recite
that it is subject to termination | 25 |
| and cancellation in any year for which the
General Assembly | 26 |
| fails to make an appropriation to pay the rent or purchase
|
|
|
|
09600SB0642sam003 |
- 65 - |
LRB096 06697 NHT 37838 a |
|
| 1 |
| installments payable under the terms of such lease or | 2 |
| purchase contracts; and
| 3 |
| (c) Sell property without compliance with the State | 4 |
| Property Control Act
and retain proceeds in the University | 5 |
| treasury in a special, separate
development fund account | 6 |
| which the Auditor General shall examine to assure
| 7 |
| compliance with this Act.
| 8 |
| Any buildings or facilities to be developed on the land | 9 |
| shall be buildings or
facilities that, in
the determination of | 10 |
| the Board of Trustees, in whole or in part: (i) are for
use by | 11 |
| the University; or (ii) otherwise advance the interests of the
| 12 |
| University,
including, by way of example, residential, | 13 |
| recreational, educational, and
athletic facilities for | 14 |
| University staff and students and commercial facilities
which | 15 |
| provide services needed by the University community. Revenues | 16 |
| from the
development fund account may be withdrawn by the | 17 |
| University for the purpose of
demolition and the processes | 18 |
| associated with demolition; routine land and
property | 19 |
| acquisition; extension of utilities; streetscape work; | 20 |
| landscape work;
surface and structure parking; sidewalks, | 21 |
| recreational paths, and street
construction; and lease and | 22 |
| lease purchase arrangements and the professional
services | 23 |
| associated with the planning and development of the area. | 24 |
| Moneys from
the development fund account used for any other | 25 |
| purpose must be deposited into
and appropriated from the | 26 |
| General Revenue Fund. Buildings or facilities leased
to an |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| entity or person other than the University shall not be subject | 2 |
| to any
limitations applicable to a State-supported college or | 3 |
| university under any
law. All development on the land and all | 4 |
| the use of any buildings or
facilities shall be subject to the | 5 |
| control and approval of the Board of
Trustees of Northern | 6 |
| Illinois University.
| 7 |
| (14) To borrow money, as necessary, from time to time in | 8 |
| anticipation of receiving tuition, payments from the State of | 9 |
| Illinois, or other revenues or receipts of the University, also | 10 |
| known as anticipated moneys; provided that the money shall be | 11 |
| repaid within 12 months after the time the money is borrowed | 12 |
| and the amount borrowed shall not exceed 75% of the total | 13 |
| amount of payroll and other expense vouchers submitted, but | 14 |
| unpaid at the Comptroller's Office, 30 days prior to the | 15 |
| anticipated borrowing. The borrowed moneys shall be applied | 16 |
| only for the purposes of paying salaries and other expenses | 17 |
| lawfully authorized in the university's State appropriation. | 18 |
| No borrowing under this provision shall be allowed after August | 19 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 20 |
| for which the anticipated moneys are lawfully available. The | 21 |
| Chairman or Treasurer of the Board shall execute a promissory | 22 |
| note or similar debt instrument to evidence the indebtedness | 23 |
| incurred by the borrowing. In connection with a borrowing, the | 24 |
| Board may establish a line of credit with a financial | 25 |
| institution. | 26 |
| The obligation to make the payments due under the |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| promissory note or other debt instrument shall be a lawful | 2 |
| obligation of the University payable from the anticipated | 3 |
| moneys as set forth in the resolution authorizing the same. Any | 4 |
| borrowing under this item (14) shall not constitute a debt, | 5 |
| legal or moral, of the State and shall not be enforceable | 6 |
| against the State. The promissory note or other debt instrument | 7 |
| shall be authorized by a resolution passed by the Board and | 8 |
| shall be valid whether or not a budgeted item with respect to | 9 |
| that resolution is included in any annual or supplemental | 10 |
| budget adopted by the Board. The resolution shall set forth | 11 |
| facts demonstrating the need for the borrowing, state an amount | 12 |
| that the amount to be borrowed will not exceed, establish a | 13 |
| maximum interest rate limit not to exceed the maximum rate | 14 |
| authorized by the Bond Authorization Act, and provide a date by | 15 |
| which the borrowed funds shall be repaid. The resolution may | 16 |
| direct the Treasurer of the Board to make arrangements to set | 17 |
| apart and hold the portion of the anticipated moneys, as | 18 |
| received, that shall be used to repay the borrowing, subject to | 19 |
| any prior pledges or restrictions with respect to the | 20 |
| anticipated moneys. The resolution may also authorize the | 21 |
| Treasurer of the Board to make partial repayments of the | 22 |
| borrowing as the anticipated moneys become available and may | 23 |
| contain any other terms, restrictions, or limitations not | 24 |
| inconsistent with the powers of the Board. | 25 |
| For the purposes of this item (14), "financial institution" | 26 |
| means any bank subject to the Illinois Banking Act, any savings |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| and loan association subject to the Illinois Savings and Loan | 2 |
| Act of 1985, and any federally chartered commercial bank or | 3 |
| savings and loan association organized and operated in this | 4 |
| State pursuant to the laws of the United States. | 5 |
| (Source: P.A. 90-284, eff. 1-1-98; 91-883, eff. 1-1-01.)
| 6 |
| Section 40. The Western Illinois University Law is amended | 7 |
| by changing Section 35-45 as follows:
| 8 |
| (110 ILCS 690/35-45)
| 9 |
| Sec. 35-45. Powers and duties. The Board also shall have | 10 |
| power and
it shall be its duty:
| 11 |
| (1) To make rules, regulations and bylaws, not inconsistent | 12 |
| with
law, for the government and management of Western Illinois | 13 |
| University
and its branches;
| 14 |
| (2) To employ, and, for good cause, to remove a President | 15 |
| of Western
Illinois University, and all necessary deans, | 16 |
| professors, associate
professors, assistant professors, | 17 |
| instructors, other educational and
administrative assistants, | 18 |
| and all other necessary employees, and to prescribe
their | 19 |
| duties and contract with them upon matters relating to tenure, | 20 |
| salaries
and retirement benefits in accordance with
the State | 21 |
| Universities Civil Service Act. Whenever the Board establishes | 22 |
| a
search committee to fill the position of President of Western | 23 |
| Illinois
University, there shall be minority representation, | 24 |
| including women, on that
search committee. The Board shall, |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| upon the written request
of an employee of Western Illinois | 2 |
| University, withhold from the compensation
of that employee any | 3 |
| dues, payments or contributions payable by such employee
to any | 4 |
| labor organization as defined in the Illinois Educational Labor
| 5 |
| Relations
Act. Under such arrangement, an amount shall be | 6 |
| withheld from each regular
payroll period which is equal to the | 7 |
| pro rata share of the annual dues plus
any payments or | 8 |
| contributions, and the Board shall transmit such withholdings
| 9 |
| to the specified labor organization within 10 working days from | 10 |
| the time
of the withholding;
| 11 |
| (3) To prescribe the courses of study to be followed, and | 12 |
| textbooks
and apparatus to be used at Western Illinois | 13 |
| University;
| 14 |
| (4) To issue upon the recommendation of the faculty, | 15 |
| diplomas to such
persons as have satisfactorily completed the | 16 |
| required studies of
Western Illinois University, and confer | 17 |
| such professional and literary
degrees as are usually conferred | 18 |
| by other institutions of like character
for similar or | 19 |
| equivalent courses of study, or such as the Board may
deem | 20 |
| appropriate;
| 21 |
| (5) To examine into the conditions, management, and | 22 |
| administration of
Western Illinois University, to provide the | 23 |
| requisite buildings,
apparatus, equipment and auxiliary | 24 |
| enterprises, and to fix and collect
matriculation fees; tuition | 25 |
| fees; fees for student activities; fees for
student facilities | 26 |
| such as student union buildings or field houses or
stadia or |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| other recreational facilities; student welfare fees;
| 2 |
| laboratory fees; and similar fees for supplies and materials.
| 3 |
| The expense of the building, improving, repairing and supplying | 4 |
| fuel and
furniture and the necessary appliances and apparatus | 5 |
| for conducting Western
Illinois
University, the reimbursed | 6 |
| expenses of members of the Board, and the
salaries or | 7 |
| compensation of the President, assistants, agents and other
| 8 |
| employees of Western Illinois University, shall be a charge | 9 |
| upon the State
Treasury. All
other expenses shall be chargeable | 10 |
| against students, and the Board shall
regulate the charges | 11 |
| accordingly;
| 12 |
| (6) To succeed to and to administer all trusts, trust | 13 |
| property, and
gifts now or hereafter belonging or pertaining to | 14 |
| Western Illinois
University;
| 15 |
| (7) To accept endowments of professorships or departments | 16 |
| in Western
Illinois University from any person who may proffer | 17 |
| them and, at regular
meetings, to prescribe rules and | 18 |
| regulations in relation to endowments
and declare on what | 19 |
| general principles they may be accepted;
| 20 |
| (8) To enter into contracts with the Federal government for | 21 |
| providing
courses of instruction and other services at Western | 22 |
| Illinois
University for persons serving in or with the military | 23 |
| or naval forces
of the United States, and to provide such | 24 |
| courses of instruction and
other services;
| 25 |
| (9) To contract with respect to the Cooperative Computer | 26 |
| Center to obtain
services related to electronic data |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| processing;
| 2 |
| (10) To provide for the receipt and expenditures of Federal | 3 |
| funds
paid to Western Illinois University by the Federal | 4 |
| government for
instruction and other services for persons | 5 |
| serving in or with the
military or naval forces of the United | 6 |
| States, and to provide for audits
of such funds;
| 7 |
| (11) To appoint, subject to the applicable civil service | 8 |
| law, persons
to be members of the Western Illinois University | 9 |
| Police Department.
Members of the Police Department shall be | 10 |
| conservators of the peace and
as such have all powers possessed | 11 |
| by policemen in cities, and sheriffs,
including the power to | 12 |
| make arrests on view or warrants of violations of
State | 13 |
| statutes, University rules and regulations and city or county
| 14 |
| ordinances, except that they may exercise such powers only | 15 |
| within
counties wherein Western Illinois University and any of | 16 |
| its branches or
properties
are located when such is required | 17 |
| for the protection of University
properties and interests, and | 18 |
| its students and personnel, and otherwise,
within such | 19 |
| counties, when requested by appropriate State
or local law | 20 |
| enforcement officials. However, such officers shall have no
| 21 |
| power to serve and execute civil processes.
| 22 |
| The Board must authorize to each member of the Western | 23 |
| Illinois University
Police
Department
and to any other employee | 24 |
| of Western Illinois University exercising the powers
of a peace | 25 |
| officer
a distinct badge
that, on its face, (i) clearly states | 26 |
| that the badge is authorized by Western
Illinois
University and
|
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| (ii) contains a unique identifying number.
No other badge shall | 2 |
| be authorized by
Western Illinois University;
| 3 |
| (12) The Board may, directly or in cooperation with other | 4 |
| institutions
of higher education, acquire by purchase or lease | 5 |
| or otherwise, and construct,
enlarge, improve, equip, | 6 |
| complete, operate, control and manage research
and high | 7 |
| technology parks, together with the necessary lands, | 8 |
| buildings,
facilities, equipment, and personal property | 9 |
| therefor,
to encourage and facilitate (i) the location and | 10 |
| development of business
and industry in the State of Illinois, | 11 |
| and (ii) the increased application
and development of | 12 |
| technology, and (iii) the improvement and development of
the | 13 |
| State's economy. The Board may lease to nonprofit corporations
| 14 |
| all or any part
of the land, buildings, facilities, equipment | 15 |
| or other property included
in a research and high technology | 16 |
| park upon such terms and conditions
as the Board may deem | 17 |
| advisable and enter into any contract or
agreement with such | 18 |
| nonprofit corporations as may be necessary or suitable
for the | 19 |
| construction, financing, operation and maintenance and | 20 |
| management
of any such park; and may lease to any person, firm, | 21 |
| partnership or
corporation,
either public or private, any part | 22 |
| or all of the land, building, facilities,
equipment or other | 23 |
| property of such park for such purposes and upon such
rentals, | 24 |
| terms and conditions as the Board may deem advisable; and
may | 25 |
| finance all or part of the cost of any such park, including the | 26 |
| purchase,
lease, construction, reconstruction, improvement, |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| remodeling, addition to,
and extension and maintenance of all | 2 |
| or part of such high technology park,
and all equipment and | 3 |
| furnishings, by legislative appropriations, government
grants, | 4 |
| contracts, private gifts, loans, receipts from the operation of
| 5 |
| such high technology park, rentals and similar receipts; and | 6 |
| may make its
other facilities and services available to tenants | 7 |
| or other occupants of
any such park at rates which are | 8 |
| reasonable and appropriate.
| 9 |
| (13) To borrow money, as necessary, from time to time in | 10 |
| anticipation of receiving tuition, payments from the State of | 11 |
| Illinois, or other revenues or receipts of the University, also | 12 |
| known as anticipated moneys; provided that the money shall be | 13 |
| repaid within 12 months after the time the money is borrowed | 14 |
| and the amount borrowed shall not exceed 75% of the total | 15 |
| amount of payroll and other expense vouchers submitted, but | 16 |
| unpaid at the Comptroller's Office, 30 days prior to the | 17 |
| anticipated borrowing. The borrowed moneys shall be applied | 18 |
| only for the purposes of paying salaries and other expenses | 19 |
| lawfully authorized in the university's State appropriation. | 20 |
| No borrowing under this provision shall be allowed after August | 21 |
| 31, 2010. The borrowed moneys shall be applied to the purposes | 22 |
| for which the anticipated moneys are lawfully available. The | 23 |
| Chairman or Treasurer of the Board shall execute a promissory | 24 |
| note or similar debt instrument to evidence the indebtedness | 25 |
| incurred by the borrowing. In connection with a borrowing, the | 26 |
| Board may establish a line of credit with a financial |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| institution. | 2 |
| The obligation to make the payments due under the | 3 |
| promissory note or other debt instrument shall be a lawful | 4 |
| obligation of the University payable from the anticipated | 5 |
| moneys as set forth in the resolution authorizing the same. Any | 6 |
| borrowing under this item (13) shall not constitute a debt, | 7 |
| legal or moral, of the State and shall not be enforceable | 8 |
| against the State. The promissory note or other debt instrument | 9 |
| shall be authorized by a resolution passed by the Board and | 10 |
| shall be valid whether or not a budgeted item with respect to | 11 |
| that resolution is included in any annual or supplemental | 12 |
| budget adopted by the Board. The resolution shall set forth | 13 |
| facts demonstrating the need for the borrowing, state an amount | 14 |
| that the amount to be borrowed will not exceed, establish a | 15 |
| maximum interest rate limit not to exceed the maximum rate | 16 |
| authorized by the Bond Authorization Act, and provide a date by | 17 |
| which the borrowed funds shall be repaid. The resolution may | 18 |
| direct the Treasurer of the Board to make arrangements to set | 19 |
| apart and hold the portion of the anticipated moneys, as | 20 |
| received, that shall be used to repay the borrowing, subject to | 21 |
| any prior pledges or restrictions with respect to the | 22 |
| anticipated moneys. The resolution may also authorize the | 23 |
| Treasurer of the Board to make partial repayments of the | 24 |
| borrowing as the anticipated moneys become available and may | 25 |
| contain any other terms, restrictions, or limitations not | 26 |
| inconsistent with the powers of the Board. |
|
|
|
09600SB0642sam003 |
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LRB096 06697 NHT 37838 a |
|
| 1 |
| For the purposes of this item (13), "financial institution" | 2 |
| means any bank subject to the Illinois Banking Act, any savings | 3 |
| and loan association subject to the Illinois Savings and Loan | 4 |
| Act of 1985, and any federally chartered commercial bank or | 5 |
| savings and loan association organized and operated in this | 6 |
| State pursuant to the laws of the United States. | 7 |
| (Source: P.A. 91-883, eff. 1-1-01.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
|
|