(110 ILCS 675/20-35)
Sec. 20-35.
Transfer of powers, duties, assets; outstanding contracts,
agreements and bonds. All the rights, powers and duties vested by law in the
Board of Regents and relating to the operation,
management, control and
maintenance of Illinois State University are hereby transferred to and
vested in the Board of Trustees of Illinois State University.
All books, records,
papers, documents and pending business in any way pertaining to Illinois State
University and held by the Board of Regents are hereby transferred from the
Board of Regents to the Board of
Trustees of Illinois State University.
The employment of the president and all other academic and nonacademic
personnel of Illinois State University is hereby transferred from the
Board of Regents to the Board of Trustees
of Illinois State University,
but the status and rights of all personnel whose employment is so
transferred under the State Universities Civil Service System, under the
State Universities Retirement System and under any other contract or
benefit plan shall be unaffected thereby.
No rule or regulation promulgated by the Board of Regents prior to the
effective date of this Article
pursuant to an exercise of any right, power, duty, responsibility or matter
of pending business transferred from the Board of Regents to the Board of
Trustees of Illinois State University under the provisions of this
Article shall be affected thereby, and all such rules and
regulations shall become the rules and regulations of the Board of Trustees
of Illinois State University.
All items of income heretofore received by Illinois State University
and paid into the State Treasury and covered into the Board of Regents
Income Fund and not heretofore appropriated by the General Assembly for the
support and improvement of Illinois State University under the
provisions of paragraph (1) of Section 6a-4 of the State Finance Act
shall be transferred by the
State Treasurer and covered into the Illinois State University Income
Fund for appropriations from time to time to be made by the General
Assembly payable from such fund for the support and improvement of Illinois
State University as provided in paragraph (1) of Section 6a-1b of that Act;
provided that within 10 days after the effective date of this amendatory
Act of 1996, all moneys then remaining in the Illinois State University Income
Fund
heretofore established as a special fund in the State Treasury shall be repaid
to the University to be deposited and credited to the University Income Fund
established by Illinois State University in its own treasury as provided in
paragraph (1) of Section 6a-1b of the State Finance Act.
The right of custody, possession and control over all items of income, funds
or deposits in any
way pertaining to Illinois State University, which on the effective date
of this Article are held or retained by, or under the
jurisdiction of the Board of Regents under
the authority of paragraph (2) of Section 6a-4 of the State Finance Act,
is hereby transferred to and vested in the Board of
Trustees of Illinois State University to be retained by the University
in its own treasury, or deposited with a bank or savings and loan
association, all in accordance with the provisions of paragraphs (2) and
(6) of Section 6a-1b of that Act.
There is hereby transferred from the Board of Regents to the Board of
Trustees of Illinois State University the power of order and direction
over the disbursement of those funds which immediately prior to the
effective date of this Article were retained by Illinois State University in
its own treasury under the authority of paragraph (3) of
Section 6a-4 of the State Finance Act;
provided that such funds shall be disbursed from time to time
pursuant to the order and direction of the Board of Trustees in accordance
with any contracts, pledges, trusts or agreements heretofore made with
respect to the use or application of such funds by the
Teachers College Board, the Board of Governors of State Colleges and
Universities or the Board of Regents.
Illinois State University shall succeed to, assume and exercise all rights,
powers, duties and responsibilities formerly exercised by the Board of Regents
on behalf of Illinois State
University prior to the effective date of this Article. All contracts and
agreements entered into by the Board of Regents on behalf of Illinois State
University prior to the effective date
of this Article shall be valid and shall subsist notwithstanding the abolition
of the Board of Regents and the repeal of
the Regency Universities Act and notwithstanding the transfer or the functions
of the Board of Regents with respect to Illinois State University to the Board
of Trustees of Illinois State University.
All bonds, notes, and other evidences of indebtedness outstanding on the
effective date of this Article issued by the Teachers College Board, Board of
Governors of State Colleges and Universities or the
Board of Regents on behalf of Illinois State University shall become the bonds,
notes or other evidences of
indebtedness of Illinois State University and shall be otherwise unaffected by
the transfer of functions to Illinois State University. Any action, including
without limitation, approvals of applications for bonds and resolutions
constituting official action under the Internal Revenue Code by the Teachers
College Board, Board of Governors of State Colleges and Universities or Board
of Regents prior to
the effective date of this Article shall remain effective to the same extent as
if that action had been taken by Illinois State University and shall be deemed
to be action taken by Illinois State University.
The title to all other property, whether real, personal or mixed,
belonging to or under the jurisdiction of the Board of Regents for Illinois
State University is hereby transferred to and vested in the Board of
Trustees of Illinois State University to be held for the People of the
State of Illinois for such University.
(Source: P.A. 89-4, eff. 1-1-96; 89-602, eff. 8-2-96.)
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