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Public Act 096-0909 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The University of Illinois Act is amended by | ||||
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 | ||||
requisite
buildings, apparatus, and conveniences; to fix the | ||||
rates for tuition; to
appoint such professors and instructors, | ||||
and to establish and provide for
the management of such model | ||||
farms, model art, and other departments and
professorships, as | ||||
may be required to teach, in the most thorough manner,
such | ||||
branches of learning as are related to agriculture and the | ||||
mechanic
arts, and military tactics, without excluding other | ||||
scientific and classical
studies. The trustees shall, upon the | ||||
written request of an employee withhold
from the compensation | ||||
of that employee any dues, payments or contributions
payable by | ||||
such employee to any labor organization as defined in the | ||||
Illinois
Educational Labor Relations Act. Under such | ||||
arrangement, an amount shall
be withheld from each regular | ||||
payroll period which is equal to the pro rata
share of the | ||||
annual dues plus any payments or contributions, and the |
trustees
shall transmit such withholdings to the specified | ||
labor organization within 10
working days from the time of the | ||
withholding. They may accept the endowments
and voluntary | ||
professorships or departments in the University, from any | ||
person
or persons or corporations who may offer the same, and, | ||
at any regular
meeting of the board, may prescribe rules and | ||
regulations in relation to such
endowments and declare on what | ||
general principles they may be admitted:
Provided, that such | ||
special voluntary endowments or professorships shall
not be | ||
incompatible with the true design and scope of the act of | ||
congress,
or of this Act: Provided, that no student shall at | ||
any time be allowed to
remain in or about the University in | ||
idleness, or without full mental or
industrial occupation: And | ||
provided further, that the trustees, in the
exercise of any of | ||
the powers conferred by this Act, shall not create any
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liability or indebtedness in excess of the funds in the hands | ||
of the
treasurer of the University at the time of creating such | ||
liability or
indebtedness, and which may be specially and | ||
properly applied to the
payment of the same. Any lease to the | ||
trustees of lands, buildings or
facilities which will support | ||
scientific research and development in such
areas as high | ||
technology, super computing, microelectronics, biotechnology,
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robotics, physics and engineering shall be for a term not to | ||
exceed 18 years,
and may grant to the trustees the option to | ||
purchase the lands, buildings or
facilities. The lease shall | ||
recite that it is subject to termination and
cancellation in |
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 | ||
lease.
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Leases for the purposes described herein exceeding 5 years | ||
shall have
the approval of the Illinois Board of Higher | ||
Education.
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The Board of Trustees may, directly or in cooperation with | ||
other institutions
of higher education, acquire by purchase or | ||
lease or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage medical research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment and personal property | ||
therefor, to encourage and
facilitate (a) the location and | ||
development of business and industry in the
State of Illinois, | ||
and (b) the increased application and development of
technology | ||
and (c) the improvement and development of the State's economy.
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The Board of Trustees may lease to nonprofit corporations all | ||
or any part
of the land, buildings, facilities, equipment or | ||
other property included in
a medical research and high | ||
technology park upon such terms and conditions as
the | ||
University of Illinois may deem advisable and enter into any | ||
contract or
agreement with such nonprofit corporations as may | ||
be necessary or suitable for
the construction, financing, | ||
operation and maintenance and management of any
such park; and | ||
may lease to any person, firm, partnership or corporation,
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either public or private, any part or all of the land, |
building, facilities,
equipment or other property of such park | ||
for such purposes and upon such
rentals, terms and conditions | ||
as the University may deem advisable; and may
finance all or | ||
part of the cost of any such park, including the purchase,
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lease, construction, reconstruction, improvement, remodeling, | ||
addition to, and
extension and maintenance of all or part of | ||
such high technology park, and all
equipment and furnishings, | ||
by legislative appropriations, government grants,
contracts, | ||
private gifts, loans, receipts from the operation of such high
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technology park, rentals and similar receipts; and may make its | ||
other
facilities and services available to tenants or other | ||
occupants of any such
park at rates which are reasonable and | ||
appropriate.
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The Trustees shall have power (a) to purchase real property | ||
and
easements, and (b) to acquire real property and easements | ||
in the manner
provided by law for the exercise of the right of | ||
eminent domain, and in the
event negotiations for the | ||
acquisition of real property or easements for
making any | ||
improvement which the Trustees are authorized to make shall | ||
have
proven unsuccessful and the Trustees shall have by | ||
resolution adopted a
schedule or plan of operation for the | ||
execution of the project and therein
made a finding that it is | ||
necessary to take such property or easements
immediately or at | ||
some specified later date in order to comply with the
schedule, | ||
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 |
(quick-take procedure).
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The Board of Trustees also shall have power to agree with | ||
the State's
Attorney of the county in which any properties of | ||
the Board are located to
pay for services rendered by the | ||
various taxing districts for the years
1944 through 1949 and to | ||
pay annually for services rendered thereafter by
such district | ||
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 | ||
held by said
Board of Trustees, upon properties leased to | ||
members of the staff of the
University of Illinois, title to | ||
which is held in trust for said Board of
Trustees and upon | ||
properties leased to for-profit entities the title to
which | ||
properties is held by the Board of Trustees. A certified copy | ||
of
any such agreement made with the State's Attorney shall be | ||
filed with the
County Clerk and such sums shall be distributed | ||
to the respective taxing
districts by the County Collector in | ||
such proportions that each taxing district
will receive | ||
therefrom such proportion as the tax rate of such taxing | ||
district
bears to the total tax rate that would be levied | ||
against such properties if
they were not exempt from taxation | ||
under the Property Tax Code.
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The Board of Trustees of the University of Illinois, | ||
subject to the
applicable civil service law, may appoint | ||
persons to be members of the
University of Illinois Police | ||
Department. Members of the Police Department
shall be peace | ||
officers and as such have all powers possessed by policemen
in |
cities, and sheriffs, including the power to make arrests on | ||
view or
warrants of violations of state statutes and city or | ||
county ordinances,
except that they may exercise such powers | ||
only in counties wherein the
University and any of its branches | ||
or properties are located when such is
required for the | ||
protection of university properties and interests, and its
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students and personnel, and otherwise, within such counties, | ||
when requested
by appropriate state or local law enforcement | ||
officials; provided, however,
that such officer shall have no | ||
power to serve and execute civil processes.
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The Board of Trustees must authorize to each member of the | ||
University of
Illinois
Police
Department
and to any other | ||
employee of the University of Illinois exercising the powers
of | ||
a peace officer
a distinct badge
that, on its face, (i) clearly | ||
states that the badge is authorized by the
University of
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Illinois and (ii)
contains a unique identifying number.
No | ||
other badge shall be authorized by
the University of Illinois.
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Nothing in this paragraph prohibits the Board of Trustees from | ||
issuing
shields
or other distinctive identification to | ||
employees not exercising the powers of a
peace officer if the | ||
Board of Trustees determines that a shield or distinctive
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identification is needed by the employee to carry out his or | ||
her
responsibilities.
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The Board of Trustees may own, operate, or govern, by or | ||
through the
College of Medicine at Peoria, a managed care | ||
community network established
under subsection (b) of Section |
5-11 of the Illinois
Public Aid Code.
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The powers of the trustees as herein designated are subject | ||
to the provisions
of "An Act creating a Board of Higher | ||
Education, defining its powers and
duties, making an | ||
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 | ||
administrative
rules which may be necessary for the effective | ||
administration, enforcement and
regulation of all matters for | ||
which the Board has jurisdiction or
responsibility.
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(b) To assist in the provision of buildings and facilities | ||
beneficial to,
useful for, or supportive of University | ||
purposes, the Board of Trustees of the
University of Illinois | ||
may exercise the following powers with regard to the
area | ||
located on or adjacent to the University of Illinois at Chicago | ||
campus and
bounded as follows: on the West by Morgan Street; on | ||
the North by
Roosevelt Road; on the East by Union Street; and | ||
on
the South by 16th
Street, in the City of Chicago:
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(1) Acquire any interests in land, buildings, or | ||
facilities by purchase,
including installments payable | ||
over a period allowed by law, by lease over a
term of such | ||
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 | ||
installments all or any
portion of buildings or facilities | ||
for such duration and on such terms as the
Board of |
Trustees shall determine, including a term that exceeds 5 | ||
years,
provided that each such lease or purchase contract | ||
shall be and shall recite
that it is subject to termination | ||
and cancellation in any year for which the
General Assembly | ||
fails to make an appropriation to pay the rent or purchase
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installments payable under the terms of such lease or | ||
purchase contract; and
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(3) Sell property without compliance with the State | ||
Property Control Act
and retain proceeds in the University | ||
Treasury in a special, separate
development fund account | ||
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 | ||
be buildings or
facilities that, in the determination of the | ||
Board of Trustees, in whole
or in part: (i) are for use by the | ||
University; or (ii) otherwise advance the
interests of the | ||
University, including, by way of example, residential
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facilities for University staff and students and commercial | ||
facilities which
provide services needed by the University
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community. Revenues from the development fund account may be | ||
withdrawn by
the University for the purpose of demolition and | ||
the processes associated with
demolition; routine land and | ||
property acquisition; extension of utilities;
streetscape | ||
work; landscape work; surface and structure parking; | ||
sidewalks,
recreational paths, and street construction; and | ||
lease and lease purchase
arrangements and the professional |
services associated with the planning and
development of the | ||
area. Moneys from the development fund account used for any
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other purpose must be deposited into and appropriated from the | ||
General Revenue
Fund. Buildings or facilities leased to
an
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entity
or person other than the University shall not be subject | ||
to any limitations
applicable to a State supported college or | ||
university under any law. All
development on the land and all | ||
use of any buildings or facilities shall be
subject to the | ||
control and approval of the Board of Trustees.
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(c) The Board of Trustees shall have the power to borrow | ||
money, as necessary, from time to time in anticipation of | ||
receiving tuition, payments from the State of Illinois, or | ||
other revenues or receipts of the University, also known as | ||
anticipated moneys. The borrowing limit shall be capped at 100% | ||
of the total amount of payroll and other expense vouchers | ||
submitted and payable to the University for fiscal year 2010 | ||
expenses, but unpaid at the State Comptroller's office. Prior | ||
to borrowing any funds, the University shall request from the | ||
Comptroller's office a verification of the borrowing limit and | ||
shall include the estimated date on which such borrowing shall | ||
occur. The borrowing limit cap shall be verified by State | ||
Comptroller's office not prior to 45 days before any estimated | ||
date for executing any promissory note or line of credit | ||
established under this subsection (c). The principal amount | ||
borrowed under a promissory note or line of credit shall not | ||
exceed 75% of the borrowing limit. Within 15 days after |
borrowing funds under any promissory note or line of credit | ||
established under this subsection (c), the University shall | ||
submit to the Governor's Office of Management and Budget, the | ||
Speaker of the House of Representatives, the Minority Leader of | ||
the House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations to include | ||
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit | ||
established under this subsection (c) must be finalized within | ||
90 days after the effective date of this amendatory Act of the | ||
96th General Assembly. The borrowed moneys shall be applied to | ||
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this subsection (c) shall be paid in full one year after | ||
creation or within 10 days after the date the University | ||
receives reimbursement from the State for all submitted fiscal | ||
year 2010 vouchers, whichever is earlier. Any promissory note | ||
established under this subsection (c) shall be repaid within |
one year after issuance of the note. The Chairman, Comptroller, | ||
or Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness incurred | ||
by the borrowing. In connection with a borrowing, the Board may | ||
establish a line of credit with a financial institution, | ||
investment bank, or broker/dealer.
The obligation to make the | ||
payments due under any promissory note or line of credit | ||
established under this subsection (c) shall be a lawful | ||
obligation of the University payable from the anticipated | ||
moneys. Any borrowing under this subsection (c) shall not | ||
constitute a debt, legal or moral, of the State and shall not | ||
be enforceable against the State. The promissory note or line | ||
of credit shall be authorized by a resolution passed by the | ||
Board and shall be valid whether or not a budgeted item with | ||
respect to that resolution is included in any annual or | ||
supplemental budget adopted by the Board. The resolution shall | ||
set forth facts demonstrating the need for the borrowing, state | ||
an amount that the amount to be borrowed will not exceed, and | ||
establish a maximum interest rate limit not to exceed the | ||
maximum rate authorized by the Bond Authorization Act or 9%, | ||
whichever is less. The resolution may direct the Comptroller or | ||
Treasurer of the Board to make arrangements to set apart and | ||
hold the portion of the anticipated moneys, as received, that | ||
shall be used to repay the borrowing, subject to any prior | ||
pledges or restrictions with respect to the anticipated moneys. | ||
The resolution may also authorize the Treasurer of the Board to |
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this subsection (c), "financial | ||
institution" means any bank subject to the Illinois Banking | ||
Act, any savings and loan association subject to the Illinois | ||
Savings and Loan Act of 1985, and any federally chartered | ||
commercial bank or savings and loan association or | ||
government-sponsored enterprise organized and operated in this | ||
State pursuant to the laws of the United States. | ||
(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 | ||
Act is amended by changing Section 8 as follows: | ||
(110 ILCS 520/8) (from Ch. 144, par. 658) | ||
Sec. 8. Powers and Duties of the Board. The Board shall | ||
have power and
it shall be its duty: | ||
1. To make rules, regulations and by-laws, not | ||
inconsistent with
law, for the government and management of | ||
Southern Illinois University
and its branches; | ||
2. To employ, and, for good cause, to remove a | ||
president of Southern
Illinois University, and all | ||
necessary deans, professors, associate
professors, | ||
assistant professors, instructors, and other educational |
and
administrative assistants, and all other necessary | ||
employees, and
contract with them upon matters relating to | ||
tenure, salaries and
retirement benefits in accordance | ||
with the State Universities Civil Service
Act; the Board | ||
shall, upon the written request of an employee of Southern
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Illinois University, withhold from the compensation of | ||
that employee any
dues, payments or contributions payable | ||
by such employee to any labor
organization as defined in | ||
the Illinois Educational Labor Relations Act.
Under such | ||
arrangement, an amount shall be withheld from each regular
| ||
payroll period which is equal to the pro rata share of the | ||
annual dues plus
any payments or contributions, and the | ||
Board shall transmit such withholdings
to the specified | ||
labor organization within 10 working days from the time
of | ||
the withholding. Whenever the Board establishes a search | ||
committee to
fill the position of president of Southern | ||
Illinois University, there shall
be minority | ||
representation, including women, on that search committee; | ||
3. To prescribe the course of study to be followed, and | ||
textbooks
and apparatus to be used at Southern Illinois | ||
University; | ||
4. To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed | ||
the required studies of
Southern Illinois University, and | ||
confer such professional and literary
degrees as are | ||
usually conferred by other institutions of like character
|
for similar or equivalent courses of study, or such as the | ||
Board may
deem appropriate; | ||
5. To examine into the conditions, management, and | ||
administration of
Southern Illinois University, to provide | ||
the requisite buildings,
apparatus, equipment and | ||
auxiliary enterprises, and to fix and collect
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matriculation fees; tuition fees; fees for student | ||
activities; fees for
student facilities such as student | ||
union buildings or field houses or
stadium or other | ||
recreational facilities; student welfare fees;
laboratory | ||
fees and similar fees for supplies and material; | ||
6. To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or | ||
pertaining to Southern Illinois
University; | ||
7. To accept endowments of professorships or | ||
departments in the
University from any person who may | ||
proffer them and, at regular
meetings, to prescribe rules | ||
and regulations in relation to endowments
and declare on | ||
what general principles they may be accepted; | ||
8. To enter into contracts with the Federal government | ||
for providing
courses of instruction and other services at | ||
Southern Illinois
University for persons serving in or with | ||
the military or naval forces
of the United States, and to | ||
provide such courses of instruction and
other services; | ||
9. To provide for the receipt and expenditures of | ||
Federal funds,
paid to the Southern Illinois University by |
the Federal government for
instruction and other services | ||
for persons serving in or with the
military or naval forces | ||
of the United States and to provide for audits
of such | ||
funds; | ||
10. To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Southern Illinois | ||
University Police Department.
Members of the Police | ||
Department shall be conservators of the peace and
as such | ||
have all powers possessed by policemen in cities, and | ||
sheriffs,
including the power to make arrests on view or | ||
warrants of violations of
state statutes, university rules | ||
and regulations and city or county
ordinances, except that | ||
they may exercise such powers only within
counties wherein | ||
the university and any of its branches or properties
are | ||
located when such is required for the protection of | ||
university
properties and interests, and its students and | ||
personnel, and otherwise,
within such counties, when | ||
requested by appropriate State
or local law enforcement | ||
officials. However, such officers shall have no
power to | ||
serve and execute civil processes. | ||
The Board must authorize to each member of the Southern | ||
Illinois University
Police
Department
and to any other | ||
employee of Southern Illinois University exercising the | ||
powers
of a peace officer
a distinct badge
that, on its | ||
face, (i) clearly states that the badge is authorized by | ||
Southern
Illinois
University and
(ii) contains a unique |
identifying number. No other badge shall be authorized
by | ||
Southern Illinois University. | ||
10.5.
To conduct health care programs in furtherance of | ||
its teaching, research, and public service functions, | ||
which shall include without limitation patient and | ||
ancillary facilities, institutes, clinics, or offices | ||
owned, leased, or purchased through an equity interest by | ||
the Board or its appointed designee to carry out such | ||
activities in the course of or in support of the Board's | ||
academic, clinical, and public service responsibilities.
| ||
11. To administer a plan or plans established by the | ||
clinical faculty
of the School of Medicine for the billing, | ||
collection and disbursement of
charges for services | ||
performed
in the course of or in support of the faculty's | ||
academic responsibilities,
provided that such plan has | ||
been first approved by Board action. All such
collections | ||
shall be deposited into a special fund or funds | ||
administered
by the Board from which disbursements may be | ||
made according to the provisions
of said plan. The | ||
reasonable costs incurred, by the University, | ||
administering
the billing, collection and disbursement | ||
provisions of a plan shall have
first priority for payment | ||
before distribution or disbursement for any other
purpose. | ||
Audited financial statements of the plan or plans must be | ||
provided to the Legislative Audit
Commission annually. | ||
The Board of Trustees may own, operate, or govern, by |
or through the School
of Medicine, a managed care community | ||
network established under subsection
(b)
of Section 5-11 of | ||
the Illinois Public Aid Code. | ||
12. The Board of Trustees may, directly or in | ||
cooperation with other
institutions of higher education, | ||
acquire by purchase or lease or
otherwise, and construct, | ||
enlarge, improve, equip, complete, operate,
control and | ||
manage medical research and high technology parks, | ||
together
with the necessary lands, buildings, facilities, | ||
equipment, and personal
property therefor, to encourage | ||
and facilitate (a) the location and
development of business | ||
and industry in the State of Illinois, and (b) the
| ||
increased application and development of technology and | ||
(c) the improvement
and development of the State's economy. | ||
The Board of Trustees may lease to
nonprofit corporations | ||
all or any part of the land, buildings, facilities,
| ||
equipment or other property included in a medical research | ||
and high
technology park upon such terms and conditions as | ||
the Board of Trustees may
deem advisable and enter into any | ||
contract or agreement with such nonprofit
corporations as | ||
may be necessary or suitable for the construction,
| ||
financing, operation and maintenance and management of any | ||
such park; and
may lease to any person, firm, partnership | ||
or corporation, either public or
private, any part or all | ||
of the land, building, facilities, equipment or
other | ||
property of such park for such purposes and upon such
|
rentals, terms and conditions as the Board of Trustees may | ||
deem advisable; and
may finance all or part of the cost of | ||
any such park, including the purchase,
lease, | ||
construction, reconstruction, improvement, remodeling, | ||
addition to,
and extension and maintenance of all or part | ||
of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
| ||
grants, contracts, private gifts, loans, receipts from the | ||
operation of
such high technology park, rentals and similar | ||
receipts; and may make its
other facilities and services | ||
available to tenants or other occupants of
any such park at | ||
rates which are reasonable and appropriate. | ||
13. To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State | ||
of Illinois, or other revenues or receipts of the | ||
University, also known as anticipated moneys. The | ||
borrowing limit shall be capped at 100% of the total amount | ||
of payroll and other expense vouchers submitted and payable | ||
to the University for fiscal year 2010 expenses, but unpaid | ||
at the State Comptroller's office. Prior to borrowing any | ||
funds, the University shall request from the Comptroller's | ||
office a verification of the borrowing limit and shall | ||
include the estimated date on which such borrowing shall | ||
occur. The borrowing limit cap shall be verified by State | ||
Comptroller's office not prior to 45 days before any | ||
estimated date for executing any promissory note or line of |
credit established under this item 13. The principal amount | ||
borrowed under a promissory note or line of credit shall | ||
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item 13, the University shall submit | ||
to the Governor's Office of Management and Budget, the | ||
Speaker of the House of Representatives, the Minority | ||
Leader of the House of Representatives, the President of | ||
the Senate, and Minority Leader of the Senate, an Emergency | ||
Short Term Cash Management Plan. The Emergency Short Term | ||
Cash Management Plan shall outline the amount borrowed, the | ||
terms for repayment, the amount of outstanding State | ||
vouchers as verified by the State Comptroller's office, and | ||
the University's plan for expenditure of any borrowed | ||
funds, including, but not limited to, a detailed plan to | ||
meet payroll obligations to include collective bargaining | ||
employees, civil service employees, and academic, | ||
research, and health care personnel. The establishment of | ||
any promissory note or line of credit established under | ||
this item 13 must be finalized within 90 days after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly. The borrowed moneys shall be applied to the | ||
purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and | ||
unpaid by the State Comptroller. Any line of credit | ||
established under this item 13 shall be paid in full one |
year after creation or within 10 days after the date the | ||
University receives reimbursement from the State for all | ||
submitted fiscal year 2010 vouchers, whichever is earlier. | ||
Any promissory note established under this item 13 shall be | ||
repaid within one year after issuance of the note. The | ||
Chairman, Comptroller, or Treasurer of the Board shall | ||
execute a promissory note or similar debt instrument to | ||
evidence the indebtedness incurred by the borrowing. In | ||
connection with a borrowing, the Board may establish a line | ||
of credit with a financial institution, investment bank, or | ||
broker/dealer.
The obligation to make the payments due | ||
under any promissory note or line of credit established | ||
under this item 13 shall be a lawful obligation of the | ||
University payable from the anticipated moneys. Any | ||
borrowing under this item 13 shall not constitute a debt, | ||
legal or moral, of the State and shall not be enforceable | ||
against the State. The promissory note or line of credit | ||
shall be authorized by a resolution passed by the Board and | ||
shall be valid whether or not a budgeted item with respect | ||
to that resolution is included in any annual or | ||
supplemental budget adopted by the Board. The resolution | ||
shall set forth facts demonstrating the need for the | ||
borrowing, state an amount that the amount to be borrowed | ||
will not exceed, and establish a maximum interest rate | ||
limit not to exceed the maximum rate authorized by the Bond | ||
Authorization Act or 9%, whichever is less. The resolution |
may direct the Comptroller or Treasurer of the Board to | ||
make arrangements to set apart and hold the portion of the | ||
anticipated moneys, as received, that shall be used to | ||
repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The | ||
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the | ||
powers of the Board. | ||
For the purposes of this item 13, "financial | ||
institution" means any bank subject to the Illinois Banking | ||
Act, any savings and loan association subject to the | ||
Illinois Savings and Loan Act of 1985, and any federally | ||
chartered commercial bank or savings and loan association | ||
or government-sponsored enterprise organized and operated | ||
in this State pursuant to the laws of the United States. | ||
The powers of the Board as herein designated are subject to | ||
the Board
of Higher Education Act. | ||
(Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.) | ||
Section 15. The Chicago State University Law is amended by | ||
changing Section 5-45 as follows:
| ||
(110 ILCS 660/5-45)
| ||
Sec. 5-45. Powers and duties. The Board also shall have |
power and
it shall be its duty:
| ||
(1) To make rules, regulations and bylaws, not inconsistent | ||
with
law, for the government and management of Chicago State | ||
University
and its branches;
| ||
(2) To employ, and, for good cause, to remove a President | ||
of Chicago State
University, and all necessary deans, | ||
professors, associate
professors, assistant professors, | ||
instructors, other educational and
administrative assistants, | ||
and all other necessary employees, and to prescribe
their | ||
duties and contract with them upon matters relating to tenure, | ||
salaries
and
retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board establishes | ||
a
search committee to fill the position of President of Chicago | ||
State University,
there shall be minority representation, | ||
including women, on that search
committee. The
Board shall, | ||
upon the written request
of an employee of Chicago State | ||
University, withhold from the compensation
of that employee any | ||
dues, payments or contributions payable by such employee
to any | ||
labor organization as defined in the Illinois Educational Labor
| ||
Relations
Act. Under such arrangement, an amount shall be | ||
withheld from each regular
payroll period which is equal to the | ||
pro rata share of the annual dues plus
any payments or | ||
contributions, and the Board shall transmit such withholdings
| ||
to the specified labor organization within 10 working days from | ||
the time
of the withholding;
| ||
(3) To prescribe the courses of study to be followed, and |
textbooks
and apparatus to be used at Chicago State University;
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed the | ||
required studies of
Chicago State University, and confer such | ||
professional and literary
degrees as are usually conferred by | ||
other institutions of like character
for similar or equivalent | ||
courses of study, or such as the Board may
deem appropriate;
| ||
(5) To examine into the conditions, management, and | ||
administration of
Chicago State University, to provide the | ||
requisite buildings,
apparatus, equipment and auxiliary | ||
enterprises, and to fix and collect
matriculation fees; tuition | ||
fees; fees for student activities; fees for
student facilities | ||
such as student union buildings or field houses or
stadia or | ||
other recreational facilities; student welfare fees;
| ||
laboratory fees; and similar fees for supplies and materials.
| ||
The expense of the building, improving, repairing and supplying | ||
fuel and
furniture and the necessary appliances and apparatus | ||
for conducting Chicago
State
University, the reimbursed | ||
expenses of members of the Board, and the
salaries or | ||
compensation of the President, assistants, agents and other
| ||
employees of Chicago State University, shall be a charge upon | ||
the State
Treasury. All
other expenses shall be chargeable | ||
against students, and the Board shall
regulate the charges | ||
accordingly;
| ||
(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or pertaining to |
Chicago State
University;
| ||
(7) To accept endowments of professorships or departments | ||
in Chicago State
University from any person who may proffer | ||
them and, at regular
meetings, to prescribe rules and | ||
regulations in relation to endowments
and declare on what | ||
general principles they may be accepted;
| ||
(8) To enter into contracts with the Federal government for | ||
providing
courses of instruction and other services at Chicago | ||
State
University for persons serving in or with the military or | ||
naval forces
of the United States, and to provide such courses | ||
of instruction and
other services;
| ||
(9) To contract with respect to the Cooperative Computer | ||
Center to obtain
services related to electronic data | ||
processing;
| ||
(10) To provide for the receipt and expenditures of Federal | ||
funds
paid to Chicago State University by the Federal | ||
government for
instruction and other services for persons | ||
serving in or with the
military or naval forces of the United | ||
States, and to provide for audits
of such funds;
| ||
(11) To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Chicago State University | ||
Police Department.
Members of the Police Department shall be | ||
conservators of the peace and
as such have all powers possessed | ||
by policemen in cities, and sheriffs,
including the power to | ||
make arrests on view or warrants of violations of
State | ||
statutes, University rules and regulations and city or county
|
ordinances, except that they may exercise such powers only | ||
within
counties wherein Chicago State University and any of its | ||
branches or properties
are located when such is required for | ||
the protection of University
properties and interests, and its | ||
students and personnel, and otherwise,
within such counties, | ||
when requested by appropriate State
or local law enforcement | ||
officials. However, such officers shall have no
power to serve | ||
and execute civil processes.
| ||
The Board must authorize to each member of the Chicago | ||
State University
Police
Department
and to any other employee of | ||
Chicago State University exercising the powers
of a peace | ||
officer
a distinct badge
that, on its face, (i) clearly states | ||
that the badge is authorized by Chicago
State
University and
| ||
(ii) contains a unique identifying number on its face.
No other | ||
badge shall be authorized by
Chicago State University;
| ||
(12) The Board may, directly or in cooperation with other | ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and | ||
development of business
and industry in the State of Illinois, | ||
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
|
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem | ||
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation,
either public or private, any part | ||
or all of the land, building, facilities,
equipment or other | ||
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may | ||
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate ; .
| ||
(13) To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State of | ||
Illinois, or other revenues or receipts of the University, also | ||
known as anticipated moneys. The borrowing limit shall be | ||
capped at 100% of the total amount of payroll and other expense |
vouchers submitted and payable to the University for fiscal | ||
year 2010 expenses, but unpaid at the State Comptroller's | ||
office. Prior to borrowing any funds, the University shall | ||
request from the Comptroller's office a verification of the | ||
borrowing limit and shall include the estimated date on which | ||
such borrowing shall occur. The borrowing limit cap shall be | ||
verified by State Comptroller's office not prior to 45 days | ||
before any estimated date for executing any promissory note or | ||
line of credit established under this item (13). The principal | ||
amount borrowed under a promissory note or line of credit shall | ||
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item (13), the University shall submit | ||
to the Governor's Office of Management and Budget, the Speaker | ||
of the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations to include | ||
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit |
established under this item (13) must be finalized within 90 | ||
days after the effective date of this amendatory Act of the | ||
96th General Assembly. The borrowed moneys shall be applied to | ||
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this item (13) shall be paid in full one year after creation or | ||
within 10 days after the date the University receives | ||
reimbursement from the State for all submitted fiscal year 2010 | ||
vouchers, whichever is earlier. Any promissory note | ||
established under this item (13) shall be repaid within one | ||
year after issuance of the note. The Chairman, Comptroller, or | ||
Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness incurred | ||
by the borrowing. In connection with a borrowing, the Board may | ||
establish a line of credit with a financial institution, | ||
investment bank, or broker/dealer.
The obligation to make the | ||
payments due under any promissory note or line of credit | ||
established under this item (13) shall be a lawful obligation | ||
of the University payable from the anticipated moneys. Any | ||
borrowing under this item (13) shall not constitute a debt, | ||
legal or moral, of the State and shall not be enforceable | ||
against the State. The promissory note or line of credit shall | ||
be authorized by a resolution passed by the Board and shall be | ||
valid whether or not a budgeted item with respect to that | ||
resolution is included in any annual or supplemental budget |
adopted by the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount that | ||
the amount to be borrowed will not exceed, and establish a | ||
maximum interest rate limit not to exceed the maximum rate | ||
authorized by the Bond Authorization Act or 9%, whichever is | ||
less. The resolution may direct the Comptroller or Treasurer of | ||
the Board to make arrangements to set apart and hold the | ||
portion of the anticipated moneys, as received, that shall be | ||
used to repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The | ||
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this item (13), "financial institution" | ||
means any bank subject to the Illinois Banking Act, any savings | ||
and loan association subject to the Illinois Savings and Loan | ||
Act of 1985, and any federally chartered commercial bank or | ||
savings and loan association or government-sponsored | ||
enterprise organized and operated in this State pursuant to the | ||
laws of the United States. | ||
(Source: P.A. 91-883, eff. 1-1-01.)
| ||
Section 20. The Eastern Illinois University Law is amended | ||
by changing Section 10-45 as follows:
|
(110 ILCS 665/10-45)
| ||
Sec. 10-45. Powers and duties.
| ||
(a) The Board also shall have power and
it shall be its | ||
duty:
| ||
(1) To make rules, regulations and bylaws, not | ||
inconsistent with
law, for the government and management of | ||
Eastern Illinois University
and its branches.
| ||
(2) To employ, and, for good cause, to remove a | ||
President of Eastern
Illinois University, and all | ||
necessary deans, professors, associate
professors, | ||
assistant professors, instructors, other educational and
| ||
administrative assistants, and all other necessary | ||
employees, and to prescribe
their duties and contract with | ||
them upon matters relating to tenure, salaries
and | ||
retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board | ||
establishes a
search committee to fill the position of | ||
President of Eastern Illinois
University, there shall be | ||
minority representation, including women, on that
search | ||
committee. The Board shall, upon the written request
of an | ||
employee of Eastern Illinois University, withhold from the | ||
compensation
of that employee any dues, payments or | ||
contributions payable by such employee
to any labor | ||
organization as defined in the Illinois Educational Labor
| ||
Relations
Act. Under such arrangement, an amount shall be |
withheld from each regular
payroll period which is equal to | ||
the pro rata share of the annual dues plus
any payments or | ||
contributions, and the Board shall transmit such | ||
withholdings
to the specified labor organization within 10 | ||
working days from the time
of the withholding.
| ||
(3) To prescribe the courses of study to be followed, | ||
and textbooks
and apparatus to be used at Eastern Illinois | ||
University.
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed | ||
the required studies of
Eastern Illinois University, and | ||
confer such professional and literary
degrees as are | ||
usually conferred by other institutions of like character
| ||
for similar or equivalent courses of study, or such as the | ||
Board may
deem appropriate.
| ||
(5) To examine into the conditions, management, and | ||
administration of
Eastern Illinois University, to provide | ||
the requisite buildings,
apparatus, equipment and | ||
auxiliary enterprises, and to fix and collect
| ||
matriculation fees; tuition fees; fees for student | ||
activities; fees for
student facilities such as student | ||
union buildings or field houses or
stadia or other | ||
recreational facilities; student welfare fees;
laboratory | ||
fees; and similar fees for supplies and materials.
The | ||
expense of the building, improving, repairing and | ||
supplying fuel and
furniture and the necessary appliances |
and apparatus for conducting Eastern
Illinois
University, | ||
the reimbursed expenses of members of the Board, and the
| ||
salaries or compensation of the President, assistants, | ||
agents and other
employees of Eastern Illinois University, | ||
shall be a charge upon the State
Treasury. All
other | ||
expenses shall be chargeable against students, and the | ||
Board shall
regulate the charges accordingly.
| ||
(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or | ||
pertaining to Eastern Illinois
University.
| ||
(7) To accept endowments of professorships or | ||
departments in Eastern
Illinois University from any person | ||
who may proffer them and, at regular
meetings, to prescribe | ||
rules and regulations in relation to endowments
and declare | ||
on what general principles they may be accepted.
| ||
(8) To enter into contracts with the Federal government | ||
for providing
courses of instruction and other services at | ||
Eastern Illinois
University for persons serving in or with | ||
the military or naval forces
of the United States, and to | ||
provide such courses of instruction and
other services.
| ||
(9) To contract with respect to the Cooperative | ||
Computer Center to obtain
services related to electronic | ||
data processing.
| ||
(10) To provide for the receipt and expenditures of | ||
Federal funds
paid to Eastern Illinois University by the | ||
Federal government for
instruction and other services for |
persons serving in or with the
military or naval forces of | ||
the United States, and to provide for audits
of such funds.
| ||
(11) To appoint, subject to the applicable civil | ||
service law, persons
to be members of the Eastern Illinois | ||
University Police Department.
Members of the Police | ||
Department shall be conservators of the peace and
as such | ||
have all powers possessed by policemen in cities, and | ||
sheriffs,
including the power to make arrests on view or | ||
warrants of violations of
State statutes, University rules | ||
and regulations and city or county
ordinances, except that | ||
they may exercise such powers only within
counties wherein | ||
Eastern Illinois University and any of its branches or
| ||
properties are located when such is required for the | ||
protection of University
properties and interests, and its | ||
students and personnel, and otherwise,
within such | ||
counties, when requested by appropriate State
or local law | ||
enforcement officials. However, such officers shall have | ||
no
power to serve and execute civil processes.
| ||
The Board must authorize to each member of the Eastern | ||
Illinois University
Police
Department
and to any other | ||
employee of Eastern Illinois University exercising the | ||
powers
of a peace officer
a distinct badge
that, on its | ||
face, (i) clearly states that the badge is authorized by | ||
Eastern
Illinois
University and
(ii) contains a unique | ||
identifying number.
No other badge shall be authorized by
| ||
Eastern Illinois University.
|
(12) To borrow money, as necessary, from time to time | ||
in anticipation of receiving tuition, payments from the | ||
State of Illinois, or other revenues or receipts of the | ||
University, also known as anticipated moneys. The | ||
borrowing limit shall be capped at 100% of the total amount | ||
of payroll and other expense vouchers submitted and payable | ||
to the University for fiscal year 2010 expenses, but unpaid | ||
at the State Comptroller's office. Prior to borrowing any | ||
funds, the University shall request from the Comptroller's | ||
office a verification of the borrowing limit and shall | ||
include the estimated date on which such borrowing shall | ||
occur. The borrowing limit cap shall be verified by State | ||
Comptroller's office not prior to 45 days before any | ||
estimated date for executing any promissory note or line of | ||
credit established under this item (12). The principal | ||
amount borrowed under a promissory note or line of credit | ||
shall not exceed 75% of the borrowing limit. Within 15 days | ||
after borrowing funds under any promissory note or line of | ||
credit established under this item (12), the University | ||
shall submit to the Governor's Office of Management and | ||
Budget, the Speaker of the House of Representatives, the | ||
Minority Leader of the House of Representatives, the | ||
President of the Senate, and Minority Leader of the Senate, | ||
an Emergency Short Term Cash Management Plan. The Emergency | ||
Short Term Cash Management Plan shall outline the amount | ||
borrowed, the terms for repayment, the amount of |
outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not | ||
limited to, a detailed plan to meet payroll obligations to | ||
include collective bargaining employees, civil service | ||
employees, and academic, research, and health care | ||
personnel. The establishment of any promissory note or line | ||
of credit established under this item (12) must be | ||
finalized within 90 days after the effective date of this | ||
amendatory Act of the 96th General Assembly. The borrowed | ||
moneys shall be applied to the purposes of paying salaries | ||
and other expenses lawfully authorized in the University's | ||
State appropriation and unpaid by the State Comptroller. | ||
Any line of credit established under this item (12) shall | ||
be paid in full one year after creation or within 10 days | ||
after the date the University receives reimbursement from | ||
the State for all submitted fiscal year 2010 vouchers, | ||
whichever is earlier. Any promissory note established | ||
under this item (12) shall be repaid within one year after | ||
issuance of the note. The Chairman, Comptroller, or | ||
Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness | ||
incurred by the borrowing. In connection with a borrowing, | ||
the Board may establish a line of credit with a financial | ||
institution, investment bank, or broker/dealer.
The | ||
obligation to make the payments due under any promissory |
note or line of credit established under this item (12) | ||
shall be a lawful obligation of the University payable from | ||
the anticipated moneys. Any borrowing under this item (12) | ||
shall not constitute a debt, legal or moral, of the State | ||
and shall not be enforceable against the State. The | ||
promissory note or line of credit shall be authorized by a | ||
resolution passed by the Board and shall be valid whether | ||
or not a budgeted item with respect to that resolution is | ||
included in any annual or supplemental budget adopted by | ||
the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount | ||
that the amount to be borrowed will not exceed, and | ||
establish a maximum interest rate limit not to exceed the | ||
maximum rate authorized by the Bond Authorization Act or | ||
9%, whichever is less. The resolution may direct the | ||
Comptroller or Treasurer of the Board to make arrangements | ||
to set apart and hold the portion of the anticipated | ||
moneys, as received, that shall be used to repay the | ||
borrowing, subject to any prior pledges or restrictions | ||
with respect to the anticipated moneys. The resolution may | ||
also authorize the Treasurer of the Board to make partial | ||
repayments of the borrowing as the anticipated moneys | ||
become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the | ||
powers of the Board. | ||
For the purposes of this item (12), "financial |
institution" means any bank subject to the Illinois Banking | ||
Act, any savings and loan association subject to the | ||
Illinois Savings and Loan Act of 1985, and any federally | ||
chartered commercial bank or savings and loan association | ||
or government-sponsored enterprise organized and operated | ||
in this State pursuant to the laws of the United States. | ||
(b) The Board may, directly or in cooperation with other
| ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and | ||
development of business
and industry in the State of Illinois, | ||
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
| ||
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem | ||
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation,
either public or private, any part | ||
or all of the land, building, facilities,
equipment or other |
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may | ||
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate.
| ||
(c) The Board may sell the following described property | ||
without compliance
with
the State Property Control Act and | ||
retain the proceeds in the University
treasury in a
special, | ||
separate development fund account that the Auditor General | ||
shall
examine to
assure compliance with this Law:
| ||
Lots 511 and 512 in Heritage Woods V, Charleston, Coles | ||
County,
Illinois.
| ||
Revenues from the development fund account may be withdrawn by | ||
the University
for
the purpose of upgrading the on-campus | ||
formal reception facility. Moneys from
the
development fund | ||
account used for any other purpose must be deposited into and
| ||
appropriated from the General Revenue Fund.
| ||
(Source: P.A. 91-251, eff. 7-22-99; 91-883, eff. 1-1-01.)
|
Section 25. The Governors State University Law is amended | ||
by changing Section 15-45 as follows:
| ||
(110 ILCS 670/15-45)
| ||
Sec. 15-45. Powers and duties. The Board also shall have | ||
power and
it shall be its duty:
| ||
(1) To make rules, regulations and bylaws, not inconsistent | ||
with
law, for the government and management of Governors State | ||
University
and its branches;
| ||
(2) To employ, and, for good cause, to remove a President | ||
of Governors State
University, and all necessary deans, | ||
professors, associate
professors, assistant professors, | ||
instructors, other educational and
administrative assistants, | ||
and all other necessary employees, and to prescribe
their | ||
duties and contract with them upon matters relating to tenure, | ||
salaries
and retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board establishes | ||
a
search committee to fill the position of President of | ||
Governors State
University, there shall be minority | ||
representation, including women, on that
search committee. The | ||
Board shall, upon the written request
of an employee of | ||
Governors State University, withhold from the compensation
of | ||
that employee any dues, payments or contributions payable by | ||
such employee
to any labor organization as defined in the | ||
Illinois Educational Labor
Relations
Act. Under such | ||
arrangement, an amount shall be withheld from each regular
|
payroll period which is equal to the pro rata share of the | ||
annual dues plus
any payments or contributions, and the Board | ||
shall transmit such withholdings
to the specified labor | ||
organization within 10 working days from the time
of the | ||
withholding;
| ||
(3) To prescribe the courses of study to be followed, and | ||
textbooks
and apparatus to be used at Governors State | ||
University;
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed the | ||
required studies of
Governors State University, and confer such | ||
professional and literary
degrees as are usually conferred by | ||
other institutions of like character
for similar or equivalent | ||
courses of study, or such as the Board may
deem appropriate;
| ||
(5) To examine into the conditions, management, and | ||
administration of
Governors State University, to provide the | ||
requisite buildings,
apparatus, equipment and auxiliary | ||
enterprises, and to fix and collect
matriculation fees; tuition | ||
fees; fees for student activities; fees for
student facilities | ||
such as student union buildings or field houses or
stadia or | ||
other recreational facilities; student welfare fees;
| ||
laboratory fees; and similar fees for supplies and materials.
| ||
The expense of the building, improving, repairing and supplying | ||
fuel and
furniture and the necessary appliances and apparatus | ||
for conducting Governors
State University, the reimbursed | ||
expenses of members of the Board, and the
salaries or |
compensation of the President, assistants, agents and other
| ||
employees of Governors State University, shall be a charge upon | ||
the State
Treasury. All
other expenses shall be chargeable | ||
against students, and the Board shall
regulate the charges | ||
accordingly;
| ||
(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or pertaining to | ||
Governors State
University;
| ||
(7) To accept endowments of professorships or departments | ||
in Governors State
University from any person who may proffer | ||
them and, at regular
meetings, to prescribe rules and | ||
regulations in relation to endowments
and declare on what | ||
general principles they may be accepted;
| ||
(8) To enter into contracts with the Federal government for | ||
providing
courses of instruction and other services at | ||
Governors State
University for persons serving in or with the | ||
military or naval forces
of the United States, and to provide | ||
such courses of instruction and
other services;
| ||
(9) To operate, maintain, and contract with respect to the | ||
Cooperative
Computer Center for its own purposes and to provide | ||
services related to
electronic data processing to other public | ||
and private colleges and
universities, to governmental | ||
agencies, and to public or private not-for-profit
agencies; and | ||
to examine
the conditions, management, and administration of | ||
the Cooperative Computer
Center;
| ||
(10) To provide for the receipt and expenditures of Federal |
funds
paid to Governors State University by the Federal | ||
government for
instruction and other services for persons | ||
serving in or with the
military or naval forces of the United | ||
States, and to provide for audits
of such funds;
| ||
(11) To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Governors State University | ||
Police Department.
Members of the Police Department shall be | ||
conservators of the peace and
as such have all powers possessed | ||
by policemen in cities, and sheriffs,
including the power to | ||
make arrests on view or warrants of violations of
State | ||
statutes, University rules and regulations and city or county
| ||
ordinances, except that they may exercise such powers only | ||
within
counties wherein Governors State University and any of | ||
its branches or
properties are located when such is required | ||
for the protection of University
properties and interests, and | ||
its students and personnel, and otherwise,
within such | ||
counties, when requested by appropriate State
or local law | ||
enforcement officials. However, such officers shall have no
| ||
power to serve and execute civil processes.
| ||
The Board must authorize to each member of the Governors | ||
State University
Police
Department
and to any other employee of | ||
Governors State University exercising the powers
of a peace | ||
officer
a distinct badge
that, on its face, (i) clearly states | ||
that the badge is authorized by Governors
State
University and
| ||
(ii) contains a unique identifying number.
No other badge shall | ||
be authorized by
Governors State University;
|
(12) The Board may, directly or in cooperation with other | ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and | ||
development of business
and industry in the State of Illinois, | ||
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
| ||
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem | ||
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation,
either public or private, any part | ||
or all of the land, building, facilities,
equipment or other | ||
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may | ||
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and |
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate ; .
| ||
(13) To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State of | ||
Illinois, or other revenues or receipts of the University, also | ||
known as anticipated moneys. The borrowing limit shall be | ||
capped at 100% of the total amount of payroll and other expense | ||
vouchers submitted and payable to the University for fiscal | ||
year 2010 expenses, but unpaid at the State Comptroller's | ||
office. Prior to borrowing any funds, the University shall | ||
request from the Comptroller's office a verification of the | ||
borrowing limit and shall include the estimated date on which | ||
such borrowing shall occur. The borrowing limit cap shall be | ||
verified by State Comptroller's office not prior to 45 days | ||
before any estimated date for executing any promissory note or | ||
line of credit established under this item (13). The principal | ||
amount borrowed under a promissory note or line of credit shall | ||
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item (13), the University shall submit | ||
to the Governor's Office of Management and Budget, the Speaker | ||
of the House of Representatives, the Minority Leader of the |
House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations for all | ||
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit | ||
established under this item (13) must be finalized within 90 | ||
days after the effective date of this amendatory Act of the | ||
96th General Assembly. The borrowed moneys shall be applied to | ||
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this item (13) shall be paid in full one year after creation or | ||
on such date as the University receives reimbursement from the | ||
State for all submitted fiscal year 2010 vouchers, whichever is | ||
earlier. Any promissory note established under this item (13) | ||
shall be repaid within one year after issuance of the note. The | ||
Chairman, Comptroller, or Treasurer of the Board shall execute | ||
a promissory note or similar debt instrument to evidence the | ||
indebtedness incurred by the borrowing. In connection with a | ||
borrowing, the Board may establish a line of credit with a |
financial institution, investment bank, or broker/dealer.
The | ||
obligation to make the payments due under any promissory note | ||
or line of credit established under this item (13) shall be a | ||
lawful obligation of the University payable from the | ||
anticipated moneys. Any borrowing under this item (13) shall | ||
not constitute a debt, legal or moral, of the State and shall | ||
not be enforceable against the State. The line of credit shall | ||
be authorized by a resolution passed by the Board and shall be | ||
valid whether or not a budgeted item with respect to that | ||
resolution is included in any annual or supplemental budget | ||
adopted by the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount that | ||
the amount to be borrowed will not exceed, and establish a | ||
maximum interest rate limit not to exceed the maximum rate | ||
authorized by the Bond Authorization Act or 9%, whichever is | ||
less. The resolution may direct the Comptroller or Treasurer of | ||
the Board to make arrangements to set apart and hold the | ||
portion of the anticipated moneys, as received, that shall be | ||
used to repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The | ||
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this item (13), "financial institution" |
means any bank subject to the Illinois Banking Act, any savings | ||
and loan association subject to the Illinois Savings and Loan | ||
Act of 1985, and any federally chartered commercial bank or | ||
savings and loan association or government-sponsored | ||
enterprise organized and operated in this State pursuant to the | ||
laws of the United States. | ||
(Source: P.A. 91-883, eff. 1-1-01.)
| ||
Section 30. The Illinois State University Law is amended by | ||
changing Section 20-45 as follows:
| ||
(110 ILCS 675/20-45)
| ||
Sec. 20-45. Powers and duties. The Board also shall have | ||
power and
it shall be its duty:
| ||
(1) To make rules, regulations and bylaws, not inconsistent | ||
with
law, for the government and management of Illinois State | ||
University
and its branches;
| ||
(2) To employ, and, for good cause, to remove a President | ||
of Illinois State
University, and all necessary deans, | ||
professors, associate
professors, assistant professors, | ||
instructors, other educational and
administrative assistants, | ||
and all other necessary employees, and to prescribe
their | ||
duties and contract with them upon matters relating to tenure, | ||
salaries
and retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board establishes | ||
a
search committee to fill the position of President of |
Illinois State
University, there shall be minority | ||
representation, including women, on that
search committee. The | ||
Board shall, upon the written request
of an employee of | ||
Illinois State University, withhold from the compensation
of | ||
that employee any dues, payments or contributions payable by | ||
such employee
to any labor organization as defined in the | ||
Illinois Educational Labor
Relations
Act. Under such | ||
arrangement, an amount shall be withheld from each regular
| ||
payroll period which is equal to the pro rata share of the | ||
annual dues plus
any payments or contributions, and the Board | ||
shall transmit such withholdings
to the specified labor | ||
organization within 10 working days from the time
of the | ||
withholding;
| ||
(3) To prescribe the courses of study to be followed, and | ||
textbooks
and apparatus to be used at Illinois State | ||
University;
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed the | ||
required studies of
Illinois State University, and confer such | ||
professional and literary
degrees as are usually conferred by | ||
other institutions of like character
for similar or equivalent | ||
courses of study, or such as the Board may
deem appropriate;
| ||
(5) To examine into the conditions, management, and | ||
administration of
Illinois State University, to provide the | ||
requisite buildings,
apparatus, equipment and auxiliary | ||
enterprises, and to fix and collect
matriculation fees; tuition |
fees; fees for student activities; fees for
student facilities | ||
such as student union buildings or field houses or
stadia or | ||
other recreational facilities; student welfare fees;
| ||
laboratory fees; and similar fees for supplies and materials.
| ||
The expense of the building, improving, repairing and supplying | ||
fuel and
furniture and the necessary appliances and apparatus | ||
for conducting Illinois
State University, the reimbursed | ||
expenses of members of the Board, and the
salaries or | ||
compensation of the President, assistants, agents and other
| ||
employees of Illinois State University, shall be a charge upon | ||
the State
Treasury. All
other expenses shall be chargeable | ||
against students, and the Board shall
regulate the charges | ||
accordingly;
| ||
(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or pertaining to | ||
Illinois State
University;
| ||
(7) To accept endowments of professorships or departments | ||
in Illinois State
University from any person who may proffer | ||
them and, at regular
meetings, to prescribe rules and | ||
regulations in relation to endowments
and declare on what | ||
general principles they may be accepted;
| ||
(8) To enter into contracts with the Federal government for | ||
providing
courses of instruction and other services at Illinois | ||
State
University for persons serving in or with the military or | ||
naval forces
of the United States, and to provide such courses | ||
of instruction and
other services;
|
(9) To contract with respect to the Cooperative Computer | ||
Center to obtain
services related to electronic data | ||
processing;
| ||
(10) To provide for the receipt and expenditures of Federal | ||
funds
paid to Illinois State University by the Federal | ||
government for
instruction and other services for persons | ||
serving in or with the
military or naval forces of the United | ||
States, and to provide for audits
of such funds;
| ||
(11) To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Illinois State University | ||
Police Department.
Members of the Police Department shall be | ||
conservators of the peace and
as such have all powers possessed | ||
by policemen in cities, and sheriffs,
including the power to | ||
make arrests on view or warrants of violations of
State | ||
statutes, University rules and regulations and city or county
| ||
ordinances, except that they may exercise such powers only | ||
within
counties wherein Illinois State University and any of | ||
its branches or
properties are located when such is required | ||
for the protection of University
properties and interests, and | ||
its students and personnel, and otherwise,
within such | ||
counties, when requested by appropriate State
or local law | ||
enforcement officials. However, such officers shall have no
| ||
power to serve and execute civil processes.
| ||
The Board must authorize to each member of the Illinois | ||
State University
Police
Department
and to any other employee of | ||
Illinois State University exercising the powers
of a peace |
officer
a distinct badge
that, on its face, (i) clearly states | ||
that the badge is authorized by Illinois
State
University and | ||
(ii)
contains a unique identifying number.
No other badge shall | ||
be authorized by
Illinois State University;
| ||
(12) The Board may, directly or in cooperation with other | ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and | ||
development of business
and industry in the State of Illinois, | ||
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
| ||
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem | ||
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation, either public or private, any part | ||
or all of the land, building,
facilities,
equipment or other | ||
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may |
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate;
| ||
(13) To assist in the provision of lands, buildings, and | ||
facilities that
are supportive of university purposes and | ||
suitable and appropriate for the
conduct and operation of the | ||
university's education programs, the
Board of Trustees of | ||
Illinois State University may exercise the
powers specified in | ||
subparagraphs (a), (b), and (c) of this paragraph (13) with
| ||
regard to the following described property located near the
| ||
Normal, Illinois campus of Illinois State University:
| ||
Parcel 1: Approximately 300 acres that form a part of the | ||
Illinois State
University Farm in Section 20, Township 24 | ||
North, Range 2 East of the Third
Principal Meridian in | ||
McLean County, Illinois.
| ||
Parcels 2 and 3: Lands located in the Northeast Quadrant of | ||
the City of
Normal in McLean County, Illinois, one such | ||
parcel consisting of approximately
150 acres located north | ||
and east of the old Illinois Soldiers and Sailors
|
Children's School campus, and another such parcel, located | ||
in the Northeast
Quadrant of the old Soldiers and Sailors | ||
Children's School Campus, consisting
of approximately | ||
1.03.
| ||
(a) The Board of Trustees may sell, lease, or otherwise | ||
transfer and
convey
all or part of the above described | ||
parcels of real estate, together with the
improvements | ||
situated thereon, to a bona fide purchaser for value, | ||
without
compliance with the State Property Control Act and | ||
on such terms as the Board
of Trustees shall determine are | ||
in the best interests of Illinois State
University and | ||
consistent with its objects and purposes.
| ||
(b) The Board of Trustees may retain the proceeds from | ||
the sale, lease, or
other transfer of all or any part of | ||
the above described parcels of real estate
in the | ||
University treasury, in a special, separate development | ||
fund account
that the Auditor General shall examine to | ||
assure the use or deposit of those
proceeds in a manner | ||
consistent with the provisions of subparagraph (c) of this
| ||
paragraph (13).
| ||
(c) Moneys from the development fund account may be | ||
used by the Board of
Trustees of Illinois State University | ||
to acquire and develop other land to
achieve the same | ||
purposes for which the parcels of real estate described in
| ||
this item (13), all or a part of which have been sold, | ||
leased, or otherwise
transferred and conveyed, were used |
and for the purpose of demolition and the
processes | ||
associated with demolition on the acquired land. Moneys | ||
from the
development fund account used for any other | ||
purpose must be deposited into and
appropriated from the
| ||
General Revenue Fund. Buildings or facilities leased to an | ||
entity or person
other than the University shall not be | ||
subject to any limitations applicable to
a State-supported | ||
college or university under any law. All development on the
| ||
land and all the use of any buildings or facilities shall | ||
be subject to the
control and approval of the Board of | ||
Trustees of Illinois State University ; .
| ||
(14) To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State of | ||
Illinois, or other revenues or receipts of the University, also | ||
known as anticipated moneys. The borrowing limit shall be | ||
capped at 100% of the total amount of payroll and other expense | ||
vouchers submitted and payable to the University for fiscal | ||
year 2010 expenses, but unpaid at the State Comptroller's | ||
office. Prior to borrowing any funds, the University shall | ||
request from the Comptroller's office a verification of the | ||
borrowing limit and shall include the estimated date on which | ||
such borrowing shall occur. The borrowing limit cap shall be | ||
verified by State Comptroller's office not prior to 45 days | ||
before any estimated date for executing any promissory note or | ||
line of credit established under this item (14). The principal | ||
amount borrowed under a promissory note or line of credit shall |
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item (14), the University shall submit | ||
to the Governor's Office of Management and Budget, the Speaker | ||
of the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations to include | ||
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit | ||
established under this item (14) must be finalized within 90 | ||
days after the effective date of this amendatory Act of the | ||
96th General Assembly. The borrowed moneys shall be applied to | ||
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this item (14) shall be paid in full one year after creation or | ||
within 10 days after the date the University receives | ||
reimbursement from the State for all submitted fiscal year 2010 | ||
vouchers, whichever is earlier. Any promissory note |
established under this item (14) shall be repaid within one | ||
year after issuance of the note. The Chairman, Comptroller, or | ||
Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness incurred | ||
by the borrowing. In connection with a borrowing, the Board may | ||
establish a line of credit with a financial institution, | ||
investment bank, or broker/dealer.
The obligation to make the | ||
payments due under any promissory note or line of credit | ||
established under this item (14) shall be a lawful obligation | ||
of the University payable from the anticipated moneys. Any | ||
borrowing under this item (14) shall not constitute a debt, | ||
legal or moral, of the State and shall not be enforceable | ||
against the State. The promissory note or line of credit shall | ||
be authorized by a resolution passed by the Board and shall be | ||
valid whether or not a budgeted item with respect to that | ||
resolution is included in any annual or supplemental budget | ||
adopted by the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount that | ||
the amount to be borrowed will not exceed, and establish a | ||
maximum interest rate limit not to exceed the maximum rate | ||
authorized by the Bond Authorization Act or 9%, whichever is | ||
less. The resolution may direct the Comptroller or Treasurer of | ||
the Board to make arrangements to set apart and hold the | ||
portion of the anticipated moneys, as received, that shall be | ||
used to repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The |
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this item (14), "financial institution" | ||
means any bank subject to the Illinois Banking Act, any savings | ||
and loan association subject to the Illinois Savings and Loan | ||
Act of 1985, and any federally chartered commercial bank or | ||
savings and loan association or government-sponsored | ||
enterprise organized and operated in this State pursuant to the | ||
laws of the United States. | ||
(Source: P.A. 91-396, eff. 7-30-99; 91-883, eff. 1-1-01.)
| ||
Section 33. The Northeastern Illinois University Law is | ||
amended by changing Section 25-45 as follows:
| ||
(110 ILCS 680/25-45)
| ||
Sec. 25-45. Powers and duties. The Board also shall have | ||
power and
it shall be its duty:
| ||
(1) To make rules, regulations and bylaws, not inconsistent | ||
with
law, for the government and management of Northeastern | ||
Illinois University
and its branches;
| ||
(2) To employ, and, for good cause, to remove a President | ||
of Northeastern
Illinois
University, and all necessary deans, | ||
professors, associate
professors, assistant professors, |
instructors, other educational and
administrative assistants, | ||
and all other necessary employees, and to prescribe
their | ||
duties and contract with them upon matters relating to tenure, | ||
salaries
and retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board establishes | ||
a
search committee to fill the position of President of | ||
Northeastern Illinois
University, there shall be minority | ||
representation, including women, on that
search committee. The | ||
Board shall, upon the written request
of an employee of | ||
Northeastern Illinois University, withhold from the
| ||
compensation
of that employee any dues, payments or | ||
contributions payable by such employee
to any labor | ||
organization as defined in the Illinois Educational Labor
| ||
Relations
Act. Under such arrangement, an amount shall be | ||
withheld from each regular
payroll period which is equal to the | ||
pro rata share of the annual dues plus
any payments or | ||
contributions, and the Board shall transmit such withholdings
| ||
to the specified labor organization within 10 working days from | ||
the time
of the withholding;
| ||
(3) To prescribe the courses of study to be followed, and | ||
textbooks
and apparatus to be used at Northeastern Illinois | ||
University;
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed the | ||
required studies of
Northeastern Illinois University, and | ||
confer such professional and literary
degrees as are usually |
conferred by other institutions of like character
for similar | ||
or equivalent courses of study, or such as the Board may
deem | ||
appropriate;
| ||
(5) To examine into the conditions, management, and | ||
administration of
Northeastern Illinois University, to provide | ||
the requisite buildings,
apparatus, equipment and auxiliary | ||
enterprises, and to fix and collect
matriculation fees; tuition | ||
fees; fees for student activities; fees for
student facilities | ||
such as student union buildings or field houses or
stadia or | ||
other recreational facilities; student welfare fees;
| ||
laboratory fees; and similar fees for supplies and materials.
| ||
The expense of the building, improving, repairing and supplying | ||
fuel and
furniture and the necessary appliances and apparatus | ||
for conducting Northeastern Illinois
University, the | ||
reimbursed expenses of members of the Board, and the
salaries | ||
or compensation of the President, assistants, agents and other
| ||
employees of Northeastern Illinois University, shall be a | ||
charge upon the State
Treasury. All
other expenses shall be | ||
chargeable against students, and the Board shall
regulate the | ||
charges accordingly;
| ||
(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or pertaining to | ||
Northeastern Illinois
University;
| ||
(7) To accept endowments of professorships or departments | ||
in Northeastern Illinois
University from any person who may | ||
proffer them and, at regular
meetings, to prescribe rules and |
regulations in relation to endowments
and declare on what | ||
general principles they may be accepted;
| ||
(8) To enter into contracts with the Federal government for | ||
providing
courses of instruction and other services at | ||
Northeastern Illinois
University for persons serving in or with | ||
the military or naval forces
of the United States, and to | ||
provide such courses of instruction and
other services;
| ||
(9) To contract with respect to the Cooperative Computer | ||
Center to obtain
services related to electronic data | ||
processing;
| ||
(10) To provide for the receipt and expenditures of Federal | ||
funds
paid to Northeastern Illinois University by the Federal | ||
government for
instruction and other services for persons | ||
serving in or with the
military or naval forces of the United | ||
States, and to provide for audits
of such funds;
| ||
(11) To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Northeastern Illinois | ||
University Police Department.
Members of the Police Department | ||
shall be conservators of the peace and
as such have all powers | ||
possessed by policemen in cities, and sheriffs,
including the | ||
power to make arrests on view or warrants of violations of
| ||
State statutes, University rules and regulations and city or | ||
county
ordinances, except that they may exercise such powers | ||
only within
counties wherein Northeastern Illinois University | ||
and any of its branches or
properties
are located when such is | ||
required for the protection of University
properties and |
interests, and its students and personnel, and otherwise,
| ||
within such counties, when requested by appropriate State
or | ||
local law enforcement officials. However, such officers shall | ||
have no
power to serve and execute civil processes.
| ||
The Board must authorize to each member of the Northeastern | ||
Illinois
University
Police Department
and to any other employee | ||
of Northeastern Illinois University exercising the
powers
of a | ||
peace officer
a distinct badge
that, on its face, (i) clearly | ||
states that the badge is authorized by
Northeastern
Illinois | ||
University
and (ii) contains a unique identifying number.
No | ||
other badge shall be authorized by
Northeastern Illinois | ||
University;
| ||
(12) The Board may, directly or in cooperation with other | ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and | ||
development of business
and industry in the State of Illinois, | ||
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
| ||
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem |
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation,
either public or private, any part | ||
or all of the land, building, facilities,
equipment or other | ||
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may | ||
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate ; .
| ||
(13) To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State of | ||
Illinois, or other revenues or receipts of the University, also | ||
known as anticipated moneys. The borrowing limit shall be | ||
capped at 100% of the total amount of payroll and other expense | ||
vouchers submitted and payable to the University for fiscal | ||
year 2010 expenses, but unpaid at the State Comptroller's | ||
office. Prior to borrowing any funds, the University shall |
request from the Comptroller's office a verification of the | ||
borrowing limit and shall include the estimated date on which | ||
such borrowing shall occur. The borrowing limit cap shall be | ||
verified by State Comptroller's office not prior to 45 days | ||
before any estimated date for executing any promissory note or | ||
line of credit established under this item (13). The principal | ||
amount borrowed under a promissory note or line of credit shall | ||
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item (13), the University shall submit | ||
to the Governor's Office of Management and Budget, the Speaker | ||
of the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations to include | ||
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit | ||
established under this item (13) must be finalized within 90 | ||
days after the effective date of this amendatory Act of the | ||
96th General Assembly. The borrowed moneys shall be applied to |
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this item (13) shall be paid in full one year after creation or | ||
within 10 days after the date the University receives | ||
reimbursement from the State for all submitted fiscal year 2010 | ||
vouchers, whichever is earlier. Any promissory note | ||
established under this item (13) shall be repaid within one | ||
year after issuance of the note. The Chairman, Comptroller, or | ||
Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness incurred | ||
by the borrowing. In connection with a borrowing, the Board may | ||
establish a line of credit with a financial institution, | ||
investment bank, or broker/dealer.
The obligation to make the | ||
payments due under any promissory note or line of credit | ||
established under this item (13) shall be a lawful obligation | ||
of the University payable from the anticipated moneys. Any | ||
borrowing under this item (13) shall not constitute a debt, | ||
legal or moral, of the State and shall not be enforceable | ||
against the State. The promissory note or line of credit shall | ||
be authorized by a resolution passed by the Board and shall be | ||
valid whether or not a budgeted item with respect to that | ||
resolution is included in any annual or supplemental budget | ||
adopted by the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount that | ||
the amount to be borrowed will not exceed, and establish a |
maximum interest rate limit not to exceed the maximum rate | ||
authorized by the Bond Authorization Act or 9%, whichever is | ||
less. The resolution may direct the Comptroller or Treasurer of | ||
the Board to make arrangements to set apart and hold the | ||
portion of the anticipated moneys, as received, that shall be | ||
used to repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The | ||
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this item (13), "financial institution" | ||
means any bank subject to the Illinois Banking Act, any savings | ||
and loan association subject to the Illinois Savings and Loan | ||
Act of 1985, and any federally chartered commercial bank or | ||
savings and loan association or government-sponsored | ||
enterprise organized and operated in this State pursuant to the | ||
laws of the United States. | ||
(Source: P.A. 91-883, eff. 1-1-01.)
| ||
Section 35. The Northern Illinois University Law is amended | ||
by changing Section 30-45 as follows:
| ||
(110 ILCS 685/30-45)
| ||
Sec. 30-45. Powers and duties. The Board also shall have |
power and
it shall be its duty:
| ||
(1) To make rules, regulations and bylaws, not inconsistent
| ||
with
law, for the government and management of Northern | ||
Illinois University
and its branches;
| ||
(2) To employ, and, for good cause, to remove a President | ||
of Northern
Illinois University, and all necessary deans, | ||
professors, associate
professors, assistant professors, | ||
instructors, other educational and
administrative assistants, | ||
and all other necessary employees, and to prescribe
their | ||
duties and contract with them upon matters relating to
tenure, | ||
salaries
and retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board establishes | ||
a
search committee to fill the position of President of | ||
Northern Illinois
University, there shall be minority | ||
representation, including women, on that
search committee. The | ||
Board shall, upon the written request
of an employee of | ||
Northern Illinois University, withhold from the compensation
| ||
of that employee any dues, payments or contributions payable by | ||
such employee
to any labor organization as defined in the | ||
Illinois Educational Labor
Relations
Act. Under such | ||
arrangement, an amount shall be withheld from each regular
| ||
payroll period which is equal to the pro rata share of the | ||
annual dues plus
any payments or contributions, and the Board | ||
shall transmit such withholdings
to the specified labor | ||
organization within 10 working days from the time
of the | ||
withholding;
|
(3) To prescribe the courses of study to be followed, and | ||
textbooks
and apparatus to be used at Northern Illinois | ||
University;
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed the | ||
required studies of
Northern Illinois University, and confer | ||
such professional and literary
degrees as are usually conferred | ||
by other institutions of like character
for similar or | ||
equivalent courses of study, or such as the Board may
deem | ||
appropriate;
| ||
(5) To examine into the conditions, management, and | ||
administration of
Northern Illinois University, to provide the | ||
requisite buildings,
apparatus, equipment and auxiliary | ||
enterprises, and to fix and collect
matriculation fees; tuition | ||
fees; fees for student activities; fees for
student facilities | ||
such as student union buildings or field houses or
stadia or | ||
other recreational facilities; student welfare fees;
| ||
laboratory fees; and similar fees for supplies and materials.
| ||
The expense of the building, improving, repairing and supplying | ||
fuel and
furniture and the necessary appliances and apparatus | ||
for conducting Northern
Illinois University, the reimbursed | ||
expenses of members of the Board, and the
salaries or | ||
compensation of the President, assistants, agents and other
| ||
employees of Northern Illinois University, shall be a charge | ||
upon the State
Treasury. All
other expenses shall be chargeable | ||
against students, and the Board shall
regulate the charges |
accordingly;
| ||
(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or pertaining to | ||
Northern Illinois
University;
| ||
(7) To accept endowments of professorships or departments | ||
in Northern
Illinois University from any person who may proffer | ||
them and, at regular
meetings, to prescribe rules and | ||
regulations in relation to endowments
and declare on what | ||
general principles they may be accepted;
| ||
(8) To enter into contracts with the Federal government for | ||
providing
courses of instruction and other services at Northern | ||
Illinois
University for persons serving in or with the military | ||
or naval forces
of the United States, and to provide such | ||
courses of instruction and
other services;
| ||
(9) To contract with respect to the Cooperative Computer | ||
Center to obtain
services related to electronic data | ||
processing;
| ||
(10) To provide for the receipt and expenditures of Federal | ||
funds
paid to Northern Illinois University by the Federal | ||
government for
instruction and other services for persons | ||
serving in or with the
military or naval forces of the United | ||
States, and to provide for audits
of such funds;
| ||
(11) To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Northern Illinois University | ||
Police Department.
Members of the Police Department shall be | ||
conservators of the peace and
as such have all powers possessed |
by policemen in cities, and sheriffs,
including the power to | ||
make arrests on view or warrants of violations of
State | ||
statutes, University rules and regulations and city or county
| ||
ordinances, except that they may exercise such powers only | ||
within
counties wherein Northern Illinois University and any of | ||
its branches or
properties
are located when such is required | ||
for the protection of University
properties and interests, and | ||
its students and personnel, and otherwise,
within such | ||
counties, when requested by appropriate State
or local law | ||
enforcement officials. However, such officers shall have no
| ||
power to serve and execute civil processes.
| ||
The Board must authorize to each member of the Northern | ||
Illinois University
Police
Department
and to any other employee | ||
of Northern Illinois University exercising the powers
of a | ||
peace officer
a distinct badge
that, on its face, (i) clearly | ||
states that the badge is authorized by Northern
Illinois
| ||
University and
(ii) contains a unique identifying number.
No | ||
other badge shall be authorized by
Northern Illinois | ||
University;
| ||
(12) The Board may, directly or in cooperation with other | ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and |
development of business
and industry in the State of Illinois, | ||
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
| ||
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem | ||
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation,
either public or private, any part | ||
or all of the land, building, facilities,
equipment or other | ||
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may | ||
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate.
| ||
(13) To assist in the provision of buildings and facilities |
beneficial
to,
useful for, or supportive of university | ||
purposes, the Board of Trustees of
Northern Illinois University | ||
may exercise the following powers with regard to
the area | ||
located on or adjacent to the Northern Illinois University | ||
DeKalb
campus and bounded as follows:
| ||
Parcel 1:
| ||
In Township 40 North, Range 4 East, of the Third Prime | ||
Meridian, County of
DeKalb, State of Illinois: The East | ||
half of the Southeast Quarter of Section
17, the Southwest | ||
Quarter of Section 16, and the Northwest Quarter of Section
| ||
21, all in the County of DeKalb, Illinois.
| ||
Parcel 2:
| ||
In Township 40 North, Range 4 East, of the Third Prime | ||
Meridian, County of
DeKalb, State of Illinois: On the | ||
North, by a line beginning at the Northwest
corner of the | ||
Southeast Quarter of Section 15; thence East 1,903.3 feet; | ||
thence
South to the North line of the Southeast Quarter of | ||
the Southeast Quarter of
Section 15; thence East along said | ||
line to North First Street; on the West by
Garden Road | ||
between Lucinda Avenue and the North boundary; thence on | ||
the South
by Lucinda Avenue between Garden Road and the | ||
intersection of Lucinda Avenue
and the South Branch of the | ||
Kishwaukee River, and by the South Branch of the
Kishwaukee | ||
River between such intersection and easterly to the | ||
intersection of
such river and North First Street; thence | ||
on the East by North First Street.
|
(a) Acquire any interests in land, buildings, or | ||
facilities by purchase,
including installments payable | ||
over a period allowed by law, by lease over a
term of such | ||
duration as the Board of Trustees shall determine, or by | ||
exercise
of the power of eminent domain;
| ||
(b) Sublease or contract to purchase through | ||
installments all or any
portion of buildings or facilities | ||
for such duration and on such terms as the
Board of | ||
Trustees shall determine, including a term that exceeds 5 | ||
years,
provided that each such lease or purchase contract | ||
shall be and shall recite
that it is subject to termination | ||
and cancellation in any year for which the
General Assembly | ||
fails to make an appropriation to pay the rent or purchase
| ||
installments payable under the terms of such lease or | ||
purchase contracts; and
| ||
(c) Sell property without compliance with the State | ||
Property Control Act
and retain proceeds in the University | ||
treasury in a special, separate
development fund account | ||
which the Auditor General shall examine to assure
| ||
compliance with this Act.
| ||
Any buildings or facilities to be developed on the land | ||
shall be buildings or
facilities that, in
the determination of | ||
the Board of Trustees, in whole or in part: (i) are for
use by | ||
the University; or (ii) otherwise advance the interests of the
| ||
University,
including, by way of example, residential, | ||
recreational, educational, and
athletic facilities for |
University staff and students and commercial facilities
which | ||
provide services needed by the University community. Revenues | ||
from the
development fund account may be withdrawn by the | ||
University for the purpose of
demolition and the processes | ||
associated with demolition; routine land and
property | ||
acquisition; extension of utilities; streetscape work; | ||
landscape work;
surface and structure parking; sidewalks, | ||
recreational paths, and street
construction; and lease and | ||
lease purchase arrangements and the professional
services | ||
associated with the planning and development of the area. | ||
Moneys from
the development fund account used for any other | ||
purpose must be deposited into
and appropriated from the | ||
General Revenue Fund. Buildings or facilities leased
to an | ||
entity or person other than the University shall not be subject | ||
to any
limitations applicable to a State-supported college or | ||
university under any
law. All development on the land and all | ||
the use of any buildings or
facilities shall be subject to the | ||
control and approval of the Board of
Trustees of Northern | ||
Illinois University.
| ||
(14) To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State of | ||
Illinois, or other revenues or receipts of the University, also | ||
known as anticipated moneys. The borrowing limit shall be | ||
capped at 100% of the total amount of payroll and other expense | ||
vouchers submitted and payable to the University for fiscal | ||
year 2010 expenses, but unpaid at the State Comptroller's |
office. Prior to borrowing any funds, the University shall | ||
request from the Comptroller's office a verification of the | ||
borrowing limit and shall include the estimated date on which | ||
such borrowing shall occur. The borrowing limit cap shall be | ||
verified by State Comptroller's office not prior to 45 days | ||
before any estimated date for executing any promissory note or | ||
line of credit established under this item (14). The principal | ||
amount borrowed under a promissory note or line of credit shall | ||
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item (14), the University shall submit | ||
to the Governor's Office of Management and Budget, the Speaker | ||
of the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations for all | ||
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit | ||
established under this item (14) must be finalized within 90 | ||
days after the effective date of this amendatory Act of the |
96th General Assembly. The borrowed moneys shall be applied to | ||
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this item (14) shall be paid in full one year after creation or | ||
within 10 days after the date the University receives | ||
reimbursement from the State for all submitted fiscal year 2010 | ||
vouchers, whichever is earlier. Any promissory note | ||
established under this item (14) shall be repaid within one | ||
year after issuance of the note. The Chairman, Comptroller, or | ||
Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness incurred | ||
by the borrowing. In connection with a borrowing, the Board may | ||
establish a line of credit with a financial institution, | ||
investment bank, or broker/dealer.
The obligation to make the | ||
payments due under any promissory note or line of credit | ||
established under this item (14) shall be a lawful obligation | ||
of the University payable from the anticipated moneys. Any | ||
borrowing under this item (14) shall not constitute a debt, | ||
legal or moral, of the State and shall not be enforceable | ||
against the State. The promissory note or line of credit shall | ||
be authorized by a resolution passed by the Board and shall be | ||
valid whether or not a budgeted item with respect to that | ||
resolution is included in any annual or supplemental budget | ||
adopted by the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount that |
the amount to be borrowed will not exceed, and establish a | ||
maximum interest rate limit not to exceed the maximum rate | ||
authorized by the Bond Authorization Act or 9%, whichever is | ||
less. The resolution may direct the Comptroller or Treasurer of | ||
the Board to make arrangements to set apart and hold the | ||
portion of the anticipated moneys, as received, that shall be | ||
used to repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The | ||
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this item (14), "financial institution" | ||
means any bank subject to the Illinois Banking Act, any savings | ||
and loan association subject to the Illinois Savings and Loan | ||
Act of 1985, and any federally chartered commercial bank or | ||
savings and loan association or government-sponsored | ||
enterprise organized and operated in this State pursuant to the | ||
laws of the United States. | ||
(Source: P.A. 90-284, eff. 1-1-98; 91-883, eff. 1-1-01.)
| ||
Section 40. The Western Illinois University Law is amended | ||
by changing Section 35-45 as follows:
| ||
(110 ILCS 690/35-45)
|
Sec. 35-45. Powers and duties. The Board also shall have | ||
power and
it shall be its duty:
| ||
(1) To make rules, regulations and bylaws, not inconsistent | ||
with
law, for the government and management of Western Illinois | ||
University
and its branches;
| ||
(2) To employ, and, for good cause, to remove a President | ||
of Western
Illinois University, and all necessary deans, | ||
professors, associate
professors, assistant professors, | ||
instructors, other educational and
administrative assistants, | ||
and all other necessary employees, and to prescribe
their | ||
duties and contract with them upon matters relating to tenure, | ||
salaries
and retirement benefits in accordance with
the State | ||
Universities Civil Service Act. Whenever the Board establishes | ||
a
search committee to fill the position of President of Western | ||
Illinois
University, there shall be minority representation, | ||
including women, on that
search committee. The Board shall, | ||
upon the written request
of an employee of Western Illinois | ||
University, withhold from the compensation
of that employee any | ||
dues, payments or contributions payable by such employee
to any | ||
labor organization as defined in the Illinois Educational Labor
| ||
Relations
Act. Under such arrangement, an amount shall be | ||
withheld from each regular
payroll period which is equal to the | ||
pro rata share of the annual dues plus
any payments or | ||
contributions, and the Board shall transmit such withholdings
| ||
to the specified labor organization within 10 working days from | ||
the time
of the withholding;
|
(3) To prescribe the courses of study to be followed, and | ||
textbooks
and apparatus to be used at Western Illinois | ||
University;
| ||
(4) To issue upon the recommendation of the faculty, | ||
diplomas to such
persons as have satisfactorily completed the | ||
required studies of
Western Illinois University, and confer | ||
such professional and literary
degrees as are usually conferred | ||
by other institutions of like character
for similar or | ||
equivalent courses of study, or such as the Board may
deem | ||
appropriate;
| ||
(5) To examine into the conditions, management, and | ||
administration of
Western Illinois University, to provide the | ||
requisite buildings,
apparatus, equipment and auxiliary | ||
enterprises, and to fix and collect
matriculation fees; tuition | ||
fees; fees for student activities; fees for
student facilities | ||
such as student union buildings or field houses or
stadia or | ||
other recreational facilities; student welfare fees;
| ||
laboratory fees; and similar fees for supplies and materials.
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The expense of the building, improving, repairing and supplying | ||
fuel and
furniture and the necessary appliances and apparatus | ||
for conducting Western
Illinois
University, the reimbursed | ||
expenses of members of the Board, and the
salaries or | ||
compensation of the President, assistants, agents and other
| ||
employees of Western Illinois University, shall be a charge | ||
upon the State
Treasury. All
other expenses shall be chargeable | ||
against students, and the Board shall
regulate the charges |
accordingly;
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(6) To succeed to and to administer all trusts, trust | ||
property, and
gifts now or hereafter belonging or pertaining to | ||
Western Illinois
University;
| ||
(7) To accept endowments of professorships or departments | ||
in Western
Illinois University from any person who may proffer | ||
them and, at regular
meetings, to prescribe rules and | ||
regulations in relation to endowments
and declare on what | ||
general principles they may be accepted;
| ||
(8) To enter into contracts with the Federal government for | ||
providing
courses of instruction and other services at Western | ||
Illinois
University for persons serving in or with the military | ||
or naval forces
of the United States, and to provide such | ||
courses of instruction and
other services;
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(9) To contract with respect to the Cooperative Computer | ||
Center to obtain
services related to electronic data | ||
processing;
| ||
(10) To provide for the receipt and expenditures of Federal | ||
funds
paid to Western Illinois University by the Federal | ||
government for
instruction and other services for persons | ||
serving in or with the
military or naval forces of the United | ||
States, and to provide for audits
of such funds;
| ||
(11) To appoint, subject to the applicable civil service | ||
law, persons
to be members of the Western Illinois University | ||
Police Department.
Members of the Police Department shall be | ||
conservators of the peace and
as such have all powers possessed |
by policemen in cities, and sheriffs,
including the power to | ||
make arrests on view or warrants of violations of
State | ||
statutes, University rules and regulations and city or county
| ||
ordinances, except that they may exercise such powers only | ||
within
counties wherein Western Illinois University and any of | ||
its branches or
properties
are located when such is required | ||
for the protection of University
properties and interests, and | ||
its students and personnel, and otherwise,
within such | ||
counties, when requested by appropriate State
or local law | ||
enforcement officials. However, such officers shall have no
| ||
power to serve and execute civil processes.
| ||
The Board must authorize to each member of the Western | ||
Illinois University
Police
Department
and to any other employee | ||
of Western Illinois University exercising the powers
of a peace | ||
officer
a distinct badge
that, on its face, (i) clearly states | ||
that the badge is authorized by Western
Illinois
University and
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(ii) contains a unique identifying number.
No other badge shall | ||
be authorized by
Western Illinois University;
| ||
(12) The Board may, directly or in cooperation with other | ||
institutions
of higher education, acquire by purchase or lease | ||
or otherwise, and construct,
enlarge, improve, equip, | ||
complete, operate, control and manage research
and high | ||
technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
therefor,
to encourage and facilitate (i) the location and | ||
development of business
and industry in the State of Illinois, |
and (ii) the increased application
and development of | ||
technology, and (iii) the improvement and development of
the | ||
State's economy. The Board may lease to nonprofit corporations
| ||
all or any part
of the land, buildings, facilities, equipment | ||
or other property included
in a research and high technology | ||
park upon such terms and conditions
as the Board may deem | ||
advisable and enter into any contract or
agreement with such | ||
nonprofit corporations as may be necessary or suitable
for the | ||
construction, financing, operation and maintenance and | ||
management
of any such park; and may lease to any person, firm, | ||
partnership or
corporation,
either public or private, any part | ||
or all of the land, building, facilities,
equipment or other | ||
property of such park for such purposes and upon such
rentals, | ||
terms and conditions as the Board may deem advisable; and
may | ||
finance all or part of the cost of any such park, including the | ||
purchase,
lease, construction, reconstruction, improvement, | ||
remodeling, addition to,
and extension and maintenance of all | ||
or part of such high technology park,
and all equipment and | ||
furnishings, by legislative appropriations, government
grants, | ||
contracts, private gifts, loans, receipts from the operation of
| ||
such high technology park, rentals and similar receipts; and | ||
may make its
other facilities and services available to tenants | ||
or other occupants of
any such park at rates which are | ||
reasonable and appropriate ; .
| ||
(13) To borrow money, as necessary, from time to time in | ||
anticipation of receiving tuition, payments from the State of |
Illinois, or other revenues or receipts of the University, also | ||
known as anticipated moneys. The borrowing limit shall be | ||
capped at 100% of the total amount of payroll and other expense | ||
vouchers submitted and payable to the University for fiscal | ||
year 2010 expenses, but unpaid at the State Comptroller's | ||
office. Prior to borrowing any funds, the University shall | ||
request from the Comptroller's office a verification of the | ||
borrowing limit and shall include the estimated date on which | ||
such borrowing shall occur. The borrowing limit cap shall be | ||
verified by State Comptroller's office not prior to 45 days | ||
before any estimated date for executing any promissory note or | ||
line of credit established under this item (13). The principal | ||
amount borrowed under a promissory note or line of credit shall | ||
not exceed 75% of the borrowing limit. Within 15 days after | ||
borrowing funds under any promissory note or line of credit | ||
established under this item (13), the University shall submit | ||
to the Governor's Office of Management and Budget, the Speaker | ||
of the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
Minority Leader of the Senate, an Emergency Short Term Cash | ||
Management Plan. The Emergency Short Term Cash Management Plan | ||
shall outline the amount borrowed, the terms for repayment, the | ||
amount of outstanding State vouchers as verified by the State | ||
Comptroller's office, and the University's plan for | ||
expenditure of any borrowed funds, including, but not limited | ||
to, a detailed plan to meet payroll obligations to include |
collective bargaining employees, civil service employees, and | ||
academic, research, and health care personnel. The | ||
establishment of any promissory note or line of credit | ||
established under this item (13) must be finalized within 90 | ||
days after the effective date of this amendatory Act of the | ||
96th General Assembly. The borrowed moneys shall be applied to | ||
the purposes of paying salaries and other expenses lawfully | ||
authorized in the University's State appropriation and unpaid | ||
by the State Comptroller. Any line of credit established under | ||
this item (13) shall be paid in full one year after creation or | ||
within 10 days after the date the University receives | ||
reimbursement from the State for all submitted fiscal year 2010 | ||
vouchers, whichever is earlier. Any promissory note | ||
established under this item (13) shall be repaid within one | ||
year after issuance of the note. The Chairman, Comptroller, or | ||
Treasurer of the Board shall execute a promissory note or | ||
similar debt instrument to evidence the indebtedness incurred | ||
by the borrowing. In connection with a borrowing, the Board may | ||
establish a line of credit with a financial institution, | ||
investment bank, or broker/dealer.
The obligation to make the | ||
payments due under any promissory note or line of credit | ||
established under this item (13) shall be a lawful obligation | ||
of the University payable from the anticipated moneys. Any | ||
borrowing under this item (13) shall not constitute a debt, | ||
legal or moral, of the State and shall not be enforceable | ||
against the State. The promissory note or line of credit shall |
be authorized by a resolution passed by the Board and shall be | ||
valid whether or not a budgeted item with respect to that | ||
resolution is included in any annual or supplemental budget | ||
adopted by the Board. The resolution shall set forth facts | ||
demonstrating the need for the borrowing, state an amount that | ||
the amount to be borrowed will not exceed, and establish a | ||
maximum interest rate limit not to exceed the maximum rate | ||
authorized by the Bond Authorization Act or 9%, whichever is | ||
less. The resolution may direct the Comptroller or Treasurer of | ||
the Board to make arrangements to set apart and hold the | ||
portion of the anticipated moneys, as received, that shall be | ||
used to repay the borrowing, subject to any prior pledges or | ||
restrictions with respect to the anticipated moneys. The | ||
resolution may also authorize the Treasurer of the Board to | ||
make partial repayments of the borrowing as the anticipated | ||
moneys become available and may contain any other terms, | ||
restrictions, or limitations not inconsistent with the powers | ||
of the Board. | ||
For the purposes of this item (13), "financial institution" | ||
means any bank subject to the Illinois Banking Act, any savings | ||
and loan association subject to the Illinois Savings and Loan | ||
Act of 1985, and any federally chartered commercial bank or | ||
savings and loan association or government-sponsored | ||
enterprise organized and operated in this State pursuant to the | ||
laws of the United States. | ||
(Source: P.A. 91-883, eff. 1-1-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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