Bill Text: IL SB1377 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends various Acts relating to the governance of public universities and community colleges in Illinois. Provides that the chief of police of a university police department or a community college district police department or department of public safety has the final decision on all law enforcement decisions. Prohibits the president or chancellors of a public university or the president, chancellors, or chief executive officer of a community college district from being involved in law enforcement decisions. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-29 - Referred to Assignments [SB1377 Detail]
Download: Illinois-2025-SB1377-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The University of Illinois Act is amended by | |||||||||||||||||||||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (110 ILCS 305/7) (from Ch. 144, par. 28) | |||||||||||||||||||||||||||||||||||||
7 | Sec. 7. Powers of trustees. | |||||||||||||||||||||||||||||||||||||
8 | (a) The trustees shall have power to provide for the | |||||||||||||||||||||||||||||||||||||
9 | requisite buildings, apparatus, and conveniences; to fix the | |||||||||||||||||||||||||||||||||||||
10 | rates for tuition; to appoint such professors and instructors, | |||||||||||||||||||||||||||||||||||||
11 | and to establish and provide for the management of such model | |||||||||||||||||||||||||||||||||||||
12 | farms, model art, and other departments and professorships, as | |||||||||||||||||||||||||||||||||||||
13 | may be required to teach, in the most thorough manner, such | |||||||||||||||||||||||||||||||||||||
14 | branches of learning as are related to agriculture and the | |||||||||||||||||||||||||||||||||||||
15 | mechanic arts, and military tactics, without excluding other | |||||||||||||||||||||||||||||||||||||
16 | scientific and classical studies. The trustees shall, upon the | |||||||||||||||||||||||||||||||||||||
17 | written request of an employee withhold from the compensation | |||||||||||||||||||||||||||||||||||||
18 | of that employee any dues, payments or contributions payable | |||||||||||||||||||||||||||||||||||||
19 | by such employee to any labor organization as defined in the | |||||||||||||||||||||||||||||||||||||
20 | Illinois Educational Labor Relations Act. Under such | |||||||||||||||||||||||||||||||||||||
21 | arrangement, an amount shall be withheld from each regular | |||||||||||||||||||||||||||||||||||||
22 | payroll period which is equal to the pro rata share of the | |||||||||||||||||||||||||||||||||||||
23 | annual dues plus any payments or contributions, and the |
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1 | trustees shall transmit such withholdings to the specified | ||||||
2 | labor organization within 10 working days from the time of the | ||||||
3 | withholding. They may accept the endowments and voluntary | ||||||
4 | professorships or departments in the University, from any | ||||||
5 | person or persons or corporations who may offer the same, and, | ||||||
6 | at any regular meeting of the board, may prescribe rules and | ||||||
7 | regulations in relation to such endowments and declare on what | ||||||
8 | general principles they may be admitted: Provided, that such | ||||||
9 | special voluntary endowments or professorships shall not be | ||||||
10 | incompatible with the true design and scope of the act of | ||||||
11 | congress, or of this Act: Provided, that no student shall at | ||||||
12 | any time be allowed to remain in or about the University in | ||||||
13 | idleness, or without full mental or industrial occupation: And | ||||||
14 | provided further, that the trustees, in the exercise of any of | ||||||
15 | the powers conferred by this Act, shall not create any | ||||||
16 | liability or indebtedness in excess of the funds in the hands | ||||||
17 | of the treasurer of the University at the time of creating such | ||||||
18 | liability or indebtedness, and which may be specially and | ||||||
19 | properly applied to the payment of the same. Except as | ||||||
20 | otherwise provided in this Section, any lease to the trustees | ||||||
21 | of lands, buildings or facilities which will support | ||||||
22 | scientific research and development in such areas as high | ||||||
23 | technology, super computing, microelectronics, biotechnology, | ||||||
24 | robotics, physics and engineering shall be for a term not to | ||||||
25 | exceed 18 years, and may grant to the trustees the option to | ||||||
26 | purchase the lands, buildings or facilities. The lease shall |
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1 | recite that it is subject to termination and cancellation in | ||||||
2 | any year for which the General Assembly fails to make an | ||||||
3 | appropriation to pay the rent payable under the terms of the | ||||||
4 | lease. | ||||||
5 | Leases for the purposes described herein exceeding 5 years | ||||||
6 | shall have the approval of the Illinois Board of Higher | ||||||
7 | Education. | ||||||
8 | The Board of Trustees may, directly or in cooperation with | ||||||
9 | other institutions of higher education, acquire by purchase or | ||||||
10 | lease or otherwise, and construct, enlarge, improve, equip, | ||||||
11 | complete, operate, control and manage medical research and | ||||||
12 | high technology parks, together with the necessary lands, | ||||||
13 | buildings, facilities, equipment and personal property | ||||||
14 | therefor, to encourage and facilitate (a) the location and | ||||||
15 | development of business and industry in the State of Illinois, | ||||||
16 | and (b) the increased application and development of | ||||||
17 | technology and (c) the improvement and development of the | ||||||
18 | State's economy. The Board of Trustees may lease to nonprofit | ||||||
19 | corporations all or any part of the land, buildings, | ||||||
20 | facilities, equipment or other property included in a medical | ||||||
21 | research and high technology park upon such terms and | ||||||
22 | conditions as the University of Illinois may deem advisable | ||||||
23 | and enter into any contract or agreement with such nonprofit | ||||||
24 | corporations as may be necessary or suitable for the | ||||||
25 | construction, financing, operation and maintenance and | ||||||
26 | management of any such park; and may lease to any person, firm, |
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1 | partnership or corporation, either public or private, any part | ||||||
2 | or all of the land, building, facilities, equipment or other | ||||||
3 | property of such park for such purposes and upon such rentals, | ||||||
4 | terms and conditions as the University may deem advisable; and | ||||||
5 | may finance all or part of the cost of any such park, including | ||||||
6 | the purchase, lease, construction, reconstruction, | ||||||
7 | improvement, remodeling, addition to, and extension and | ||||||
8 | maintenance of all or part of such high technology park, and | ||||||
9 | all equipment and furnishings, by legislative appropriations, | ||||||
10 | government grants, contracts, private gifts, loans, receipts | ||||||
11 | from the operation of such high technology park, rentals and | ||||||
12 | similar receipts; and may make its other facilities and | ||||||
13 | services available to tenants or other occupants of any such | ||||||
14 | park at rates which are reasonable and appropriate. | ||||||
15 | The Board of Trustees may, directly or in cooperation with | ||||||
16 | other members and partners of the collaborative research and | ||||||
17 | academic initiative known as the Chicago Quantum Exchange, | ||||||
18 | including, without limitation, other institutions of higher | ||||||
19 | education, hereinafter each individually referred to as a "CQE | ||||||
20 | partner", finance, design, construct, enlarge, improve, equip, | ||||||
21 | complete, operate, control, and manage a facility or | ||||||
22 | facilities for the research and development of quantum | ||||||
23 | information sciences and technologies, hereinafter referred to | ||||||
24 | as the "quantum science facilities". Notwithstanding any other | ||||||
25 | provision of applicable law: (1) the quantum science | ||||||
26 | facilities may be located on land owned by the Board of |
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1 | Trustees or a CQE partner; and (2) costs incurred in | ||||||
2 | connection with the design, construction, enlargement, | ||||||
3 | improvement, equipping, and completion of the quantum science | ||||||
4 | facilities may be paid with funds appropriated to the Capital | ||||||
5 | Development Board from the Build Illinois Bond Fund for a | ||||||
6 | grant to the Board of Trustees for the quantum science | ||||||
7 | facilities, whether the quantum science facilities are located | ||||||
8 | on land owned by the Board of Trustees or by a CQE partner; | ||||||
9 | provided, however, that if any quantum science facilities are | ||||||
10 | located on land owned by a CQE partner, the use of such grant | ||||||
11 | funds shall be subject to, and contingent upon, the lease by | ||||||
12 | the Board of Trustees, as lessee, of a portion of such quantum | ||||||
13 | science facilities for a term equal to at least the useful life | ||||||
14 | of such quantum science facilities. The leased premises under | ||||||
15 | any such lease shall bear a reasonable relationship to the | ||||||
16 | proportional share of the costs paid by such grant funds. Any | ||||||
17 | such lease shall give the Board of Trustees the right to | ||||||
18 | terminate the lease before the expiration of its term if the | ||||||
19 | General Assembly fails to appropriate sufficient funds to pay | ||||||
20 | rent due under the lease. | ||||||
21 | The Trustees shall have power (a) to purchase real | ||||||
22 | property and easements, and (b) to acquire real property and | ||||||
23 | easements in the manner provided by law for the exercise of the | ||||||
24 | right of eminent domain, and in the event negotiations for the | ||||||
25 | acquisition of real property or easements for making any | ||||||
26 | improvement which the Trustees are authorized to make shall |
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1 | have proven unsuccessful and the Trustees shall have by | ||||||
2 | resolution adopted a schedule or plan of operation for the | ||||||
3 | execution of the project and therein made a finding that it is | ||||||
4 | necessary to take such property or easements immediately or at | ||||||
5 | some specified later date in order to comply with the | ||||||
6 | schedule, the Trustees may acquire such property or easements | ||||||
7 | in the same manner provided in Article 20 of the Eminent Domain | ||||||
8 | Act (quick-take procedure). | ||||||
9 | The Board of Trustees also shall have power to agree with | ||||||
10 | the State's Attorney of the county in which any properties of | ||||||
11 | the Board are located to pay for services rendered by the | ||||||
12 | various taxing districts for the years 1944 through 1949 and | ||||||
13 | to pay annually for services rendered thereafter by such | ||||||
14 | district such sums as may be determined by the Board upon | ||||||
15 | properties used solely for income producing purposes, title to | ||||||
16 | which is held by said Board of Trustees, upon properties | ||||||
17 | leased to members of the staff of the University of Illinois, | ||||||
18 | title to which is held in trust for said Board of Trustees and | ||||||
19 | upon properties leased to for-profit entities the title to | ||||||
20 | which properties is held by the Board of Trustees. A certified | ||||||
21 | copy of any such agreement made with the State's Attorney | ||||||
22 | shall be filed with the County Clerk and such sums shall be | ||||||
23 | distributed to the respective taxing districts by the County | ||||||
24 | Collector in such proportions that each taxing district will | ||||||
25 | receive therefrom such proportion as the tax rate of such | ||||||
26 | taxing district bears to the total tax rate that would be |
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1 | levied against such properties if they were not exempt from | ||||||
2 | taxation under the Property Tax Code. | ||||||
3 | The Board of Trustees of the University of Illinois, | ||||||
4 | subject to the applicable civil service law, may appoint | ||||||
5 | persons to be members of the University of Illinois Police | ||||||
6 | Department. Members of the Police Department shall be peace | ||||||
7 | officers and as such have all powers possessed by policemen in | ||||||
8 | cities, and sheriffs, including the power to make arrests on | ||||||
9 | view or warrants of violations of state statutes and city or | ||||||
10 | county ordinances, except that they may exercise such powers | ||||||
11 | only in counties wherein the University and any of its | ||||||
12 | branches or properties are located when such is required for | ||||||
13 | the protection of university properties and interests, and its | ||||||
14 | students and personnel, and otherwise, within such counties, | ||||||
15 | when requested by appropriate state or local law enforcement | ||||||
16 | officials; provided, however, that such officer shall have no | ||||||
17 | power to serve and execute civil processes. The chief of | ||||||
18 | police of the Police Department has the final decision on all | ||||||
19 | law enforcement decisions. The president and chancellors of | ||||||
20 | the University are prohibited from being involved in law | ||||||
21 | enforcement decisions. | ||||||
22 | The Board of Trustees must authorize to each member of the | ||||||
23 | University of Illinois Police Department and to any other | ||||||
24 | employee of the University of Illinois exercising the powers | ||||||
25 | of a peace officer a distinct badge that, on its face, (i) | ||||||
26 | clearly states that the badge is authorized by the University |
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1 | of Illinois and (ii) contains a unique identifying number. No | ||||||
2 | other badge shall be authorized by the University of Illinois. | ||||||
3 | Nothing in this paragraph prohibits the Board of Trustees from | ||||||
4 | issuing shields or other distinctive identification to | ||||||
5 | employees not exercising the powers of a peace officer if the | ||||||
6 | Board of Trustees determines that a shield or distinctive | ||||||
7 | identification is needed by the employee to carry out his or | ||||||
8 | her responsibilities. | ||||||
9 | The Board of Trustees may own, operate, or govern, by or | ||||||
10 | through the College of Medicine at Peoria, a managed care | ||||||
11 | community network established under subsection (b) of Section | ||||||
12 | 5-11 of the Illinois Public Aid Code. | ||||||
13 | The powers of the trustees as herein designated are | ||||||
14 | subject to the provisions of "An Act creating a Board of Higher | ||||||
15 | Education, defining its powers and duties, making an | ||||||
16 | appropriation therefor, and repealing an Act herein named", | ||||||
17 | approved August 22, 1961, as amended. | ||||||
18 | The Board of Trustees shall have the authority to adopt | ||||||
19 | all administrative rules which may be necessary for the | ||||||
20 | effective administration, enforcement and regulation of all | ||||||
21 | matters for which the Board has jurisdiction or | ||||||
22 | responsibility. | ||||||
23 | (b) To assist in the provision of buildings and facilities | ||||||
24 | beneficial to, useful for, or supportive of University | ||||||
25 | purposes, the Board of Trustees of the University of Illinois | ||||||
26 | may exercise the following powers with regard to the area |
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1 | located on or adjacent to the University of Illinois at | ||||||
2 | Chicago campus and bounded as follows: on the West by Morgan | ||||||
3 | Street; on the North by Roosevelt Road; on the East by Union | ||||||
4 | Street; and on the South by 16th Street, in the City of | ||||||
5 | Chicago: | ||||||
6 | (1) Acquire any interests in land, buildings, or | ||||||
7 | facilities by purchase, including installments payable | ||||||
8 | over a period allowed by law, by lease over a term of such | ||||||
9 | duration as the Board of Trustees shall determine, or by | ||||||
10 | exercise of the power of eminent domain; | ||||||
11 | (2) Sub-lease or contract to purchase through | ||||||
12 | installments all or any portion of buildings or facilities | ||||||
13 | for such duration and on such terms as the Board of | ||||||
14 | Trustees shall determine, including a term that exceeds 5 | ||||||
15 | years, provided that each such lease or purchase contract | ||||||
16 | shall be and shall recite that it is subject to | ||||||
17 | termination and cancellation in any year for which the | ||||||
18 | General Assembly fails to make an appropriation to pay the | ||||||
19 | rent or purchase installments payable under the terms of | ||||||
20 | such lease or purchase contract; and | ||||||
21 | (3) Sell property without compliance with the State | ||||||
22 | Property Control Act and retain proceeds in the University | ||||||
23 | Treasury in a special, separate development fund account | ||||||
24 | which the Auditor General shall examine to assure | ||||||
25 | compliance with this Act. | ||||||
26 | Any buildings or facilities to be developed on the land shall |
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1 | be buildings or facilities that, in the determination of the | ||||||
2 | Board of Trustees, in whole or in part: (i) are for use by the | ||||||
3 | University; or (ii) otherwise advance the interests of the | ||||||
4 | University, including, by way of example, residential | ||||||
5 | facilities for University staff and students and commercial | ||||||
6 | facilities which provide services needed by the University | ||||||
7 | community. Revenues from the development fund account may be | ||||||
8 | withdrawn by the University for the purpose of demolition and | ||||||
9 | the processes associated with demolition; routine land and | ||||||
10 | property acquisition; extension of utilities; streetscape | ||||||
11 | work; landscape work; surface and structure parking; | ||||||
12 | sidewalks, recreational paths, and street construction; and | ||||||
13 | lease and lease purchase arrangements and the professional | ||||||
14 | services associated with the planning and development of the | ||||||
15 | area. Moneys from the development fund account used for any | ||||||
16 | other purpose must be deposited into and appropriated from the | ||||||
17 | General Revenue Fund. Buildings or facilities leased to an | ||||||
18 | entity or person other than the University shall not be | ||||||
19 | subject to any limitations applicable to a State supported | ||||||
20 | college or university under any law. All development on the | ||||||
21 | land and all use of any buildings or facilities shall be | ||||||
22 | subject to the control and approval of the Board of Trustees. | ||||||
23 | (c) The Board of Trustees shall have the power to borrow | ||||||
24 | money, as necessary, from time to time in anticipation of | ||||||
25 | receiving tuition, payments from the State of Illinois, or | ||||||
26 | other revenues or receipts of the University, also known as |
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1 | anticipated moneys. The borrowing limit shall be capped at | ||||||
2 | 100% of the total amount of payroll and other expense vouchers | ||||||
3 | submitted and payable to the University for fiscal year 2010 | ||||||
4 | expenses, but unpaid by the State Comptroller's office. Prior | ||||||
5 | to borrowing any funds, the University shall request from the | ||||||
6 | Comptroller's office a verification of the borrowing limit and | ||||||
7 | shall include the estimated date on which such borrowing shall | ||||||
8 | occur. The borrowing limit cap shall be verified by the State | ||||||
9 | Comptroller's office not prior to 45 days before any estimated | ||||||
10 | date for executing any promissory note or line of credit | ||||||
11 | established under this subsection (c). The principal amount | ||||||
12 | borrowed under a promissory note or line of credit shall not | ||||||
13 | exceed 75% of the borrowing limit. Within 15 days after | ||||||
14 | borrowing funds under any promissory note or line of credit | ||||||
15 | established under this subsection (c), the University shall | ||||||
16 | submit to the Governor's Office of Management and Budget, the | ||||||
17 | Speaker of the House of Representatives, the Minority Leader | ||||||
18 | of the House of Representatives, the President of the Senate, | ||||||
19 | and the Minority Leader of the Senate an Emergency Short Term | ||||||
20 | Cash Management Plan. The Emergency Short Term Cash Management | ||||||
21 | Plan shall outline the amount borrowed, the terms for | ||||||
22 | repayment, the amount of outstanding State vouchers as | ||||||
23 | verified by the State Comptroller's office, and the | ||||||
24 | University's plan for expenditure of any borrowed funds, | ||||||
25 | including, but not limited to, a detailed plan to meet payroll | ||||||
26 | obligations to include collective bargaining employees, civil |
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1 | service employees, and academic, research, and health care | ||||||
2 | personnel. The establishment of any promissory note or line of | ||||||
3 | credit established under this subsection (c) must be finalized | ||||||
4 | within 90 days after the effective date of this amendatory Act | ||||||
5 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
6 | applied to the purposes of paying salaries and other expenses | ||||||
7 | lawfully authorized in the University's State appropriation | ||||||
8 | and unpaid by the State Comptroller. Any line of credit | ||||||
9 | established under this subsection (c) shall be paid in full | ||||||
10 | one year after creation or within 10 days after the date the | ||||||
11 | University receives reimbursement from the State for all | ||||||
12 | submitted fiscal year 2010 vouchers, whichever is earlier. Any | ||||||
13 | promissory note established under this subsection (c) shall be | ||||||
14 | repaid within one year after issuance of the note. The | ||||||
15 | Chairman, Comptroller, or Treasurer of the Board shall execute | ||||||
16 | a promissory note or similar debt instrument to evidence the | ||||||
17 | indebtedness incurred by the borrowing. In connection with a | ||||||
18 | borrowing, the Board may establish a line of credit with a | ||||||
19 | financial institution, investment bank, or broker/dealer. The | ||||||
20 | obligation to make the payments due under any promissory note | ||||||
21 | or line of credit established under this subsection (c) shall | ||||||
22 | be a lawful obligation of the University payable from the | ||||||
23 | anticipated moneys. Any borrowing under this subsection (c) | ||||||
24 | shall not constitute a debt, legal or moral, of the State and | ||||||
25 | shall not be enforceable against the State. The promissory | ||||||
26 | note or line of credit shall be authorized by a resolution |
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1 | passed by the Board and shall be valid whether or not a | ||||||
2 | budgeted item with respect to that resolution is included in | ||||||
3 | any annual or supplemental budget adopted by the Board. The | ||||||
4 | resolution shall set forth facts demonstrating the need for | ||||||
5 | the borrowing, state an amount that the amount to be borrowed | ||||||
6 | will not exceed, and establish a maximum interest rate limit | ||||||
7 | not to exceed the maximum rate authorized by the Bond | ||||||
8 | Authorization Act or 9%, whichever is less. The resolution may | ||||||
9 | direct the Comptroller or Treasurer of the Board to make | ||||||
10 | arrangements to set apart and hold the portion of the | ||||||
11 | anticipated moneys, as received, that shall be used to repay | ||||||
12 | the borrowing, subject to any prior pledges or restrictions | ||||||
13 | with respect to the anticipated moneys. The resolution may | ||||||
14 | also authorize the Treasurer of the Board to make partial | ||||||
15 | repayments of the borrowing as the anticipated moneys become | ||||||
16 | available and may contain any other terms, restrictions, or | ||||||
17 | limitations not inconsistent with the powers of the Board. | ||||||
18 | For the purposes of this subsection (c), "financial | ||||||
19 | institution" means any bank subject to the Illinois Banking | ||||||
20 | Act, any savings and loan association subject to the Illinois | ||||||
21 | Savings and Loan Act of 1985, and any federally chartered | ||||||
22 | commercial bank or savings and loan association or | ||||||
23 | government-sponsored enterprise organized and operated in this | ||||||
24 | State pursuant to the laws of the United States. | ||||||
25 | (Source: P.A. 102-16, eff. 6-17-21.)
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1 | Section 10. The Southern Illinois University Management | ||||||
2 | Act is amended by changing Section 8 as follows:
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3 | (110 ILCS 520/8) (from Ch. 144, par. 658) | ||||||
4 | Sec. 8. Powers and duties of the Board. The Board shall | ||||||
5 | have power and it shall be its duty: | ||||||
6 | 1. To make rules, regulations and by-laws, not | ||||||
7 | inconsistent with law, for the government and management | ||||||
8 | of Southern Illinois University and its branches. | ||||||
9 | 2. To employ, and, for good cause, to remove a | ||||||
10 | president of Southern Illinois University, and all | ||||||
11 | necessary deans, professors, associate professors, | ||||||
12 | assistant professors, instructors, and other educational | ||||||
13 | and administrative assistants, and all other necessary | ||||||
14 | employees, and contract with them upon matters relating to | ||||||
15 | tenure, salaries and retirement benefits in accordance | ||||||
16 | with the State Universities Civil Service Act; the Board | ||||||
17 | shall, upon the written request of an employee of Southern | ||||||
18 | Illinois University, withhold from the compensation of | ||||||
19 | that employee any dues, payments or contributions payable | ||||||
20 | by such employee to any labor organization as defined in | ||||||
21 | the Illinois Educational Labor Relations Act. Under such | ||||||
22 | arrangement, an amount shall be withheld from each regular | ||||||
23 | payroll period which is equal to the pro rata share of the | ||||||
24 | annual dues plus any payments or contributions, and the | ||||||
25 | Board shall transmit such withholdings to the specified |
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1 | labor organization within 10 working days from the time of | ||||||
2 | the withholding. Whenever the Board establishes a search | ||||||
3 | committee to fill the position of president of Southern | ||||||
4 | Illinois University, there shall be minority | ||||||
5 | representation, including women, on that search committee. | ||||||
6 | 3. To prescribe the course of study to be followed, | ||||||
7 | and textbooks and apparatus to be used at Southern | ||||||
8 | Illinois University. | ||||||
9 | 4. To issue upon the recommendation of the faculty, | ||||||
10 | diplomas to such persons as have satisfactorily completed | ||||||
11 | the required studies of Southern Illinois University, and | ||||||
12 | confer such professional and literary degrees as are | ||||||
13 | usually conferred by other institutions of like character | ||||||
14 | for similar or equivalent courses of study, or such as the | ||||||
15 | Board may deem appropriate. | ||||||
16 | 5. To examine into the conditions, management, and | ||||||
17 | administration of Southern Illinois University, to provide | ||||||
18 | the requisite buildings, apparatus, equipment and | ||||||
19 | auxiliary enterprises, and to fix and collect | ||||||
20 | matriculation fees; tuition fees; fees for student | ||||||
21 | activities; fees for student facilities such as student | ||||||
22 | union buildings or field houses or stadium or other | ||||||
23 | recreational facilities; student welfare fees; laboratory | ||||||
24 | fees and similar fees for supplies and material. | ||||||
25 | 6. To succeed to and to administer all trusts, trust | ||||||
26 | property, and gifts now or hereafter belonging or |
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1 | pertaining to Southern Illinois University. | ||||||
2 | 7. To accept endowments of professorships or | ||||||
3 | departments in the University from any person who may | ||||||
4 | proffer them and, at regular meetings, to prescribe rules | ||||||
5 | and regulations in relation to endowments and declare on | ||||||
6 | what general principles they may be accepted. | ||||||
7 | 8. To enter into contracts with the Federal government | ||||||
8 | for providing courses of instruction and other services at | ||||||
9 | Southern Illinois University for persons serving in or | ||||||
10 | with the military or naval forces of the United States, | ||||||
11 | and to provide such courses of instruction and other | ||||||
12 | services. | ||||||
13 | 9. To provide for the receipt and expenditures of | ||||||
14 | Federal funds, paid to the Southern Illinois University by | ||||||
15 | the Federal government for instruction and other services | ||||||
16 | for persons serving in or with the military or naval | ||||||
17 | forces of the United States and to provide for audits of | ||||||
18 | such funds. | ||||||
19 | 10. To appoint, subject to the applicable civil | ||||||
20 | service law, persons to be members of the Southern | ||||||
21 | Illinois University Police Department. Members of the | ||||||
22 | Police Department shall be conservators of the peace and | ||||||
23 | as such have all powers possessed by policemen in cities, | ||||||
24 | and sheriffs, including the power to make arrests on view | ||||||
25 | or warrants of violations of state statutes, university | ||||||
26 | rules and regulations and city or county ordinances, |
| |||||||
| |||||||
1 | except that they may exercise such powers only within | ||||||
2 | counties wherein the university and any of its branches or | ||||||
3 | properties are located when such is required for the | ||||||
4 | protection of university properties and interests, and its | ||||||
5 | students and personnel, and otherwise, within such | ||||||
6 | counties, when requested by appropriate State or local law | ||||||
7 | enforcement officials. However, such officers shall have | ||||||
8 | no power to serve and execute civil processes. The chief | ||||||
9 | of police of the Police Department has the final decision | ||||||
10 | on all law enforcement decisions. The president and | ||||||
11 | chancellors of the University are prohibited from being | ||||||
12 | involved in law enforcement decisions. | ||||||
13 | The Board must authorize to each member of the | ||||||
14 | Southern Illinois University Police Department and to any | ||||||
15 | other employee of Southern Illinois University exercising | ||||||
16 | the powers of a peace officer a distinct badge that, on its | ||||||
17 | face, (i) clearly states that the badge is authorized by | ||||||
18 | Southern Illinois University and (ii) contains a unique | ||||||
19 | identifying number. No other badge shall be authorized by | ||||||
20 | Southern Illinois University. | ||||||
21 | 10.5. To conduct health care programs in furtherance | ||||||
22 | of its teaching, research, and public service functions, | ||||||
23 | which shall include without limitation patient and | ||||||
24 | ancillary facilities, institutes, clinics, or offices | ||||||
25 | owned, leased, or purchased through an equity interest by | ||||||
26 | the Board or its appointed designee to carry out such |
| |||||||
| |||||||
1 | activities in the course of or in support of the Board's | ||||||
2 | academic, clinical, and public service responsibilities. | ||||||
3 | 11. To administer a plan or plans established by the | ||||||
4 | clinical faculty of the School of Medicine or the School | ||||||
5 | of Dental Medicine for the billing, collection and | ||||||
6 | disbursement of charges for services performed in the | ||||||
7 | course of or in support of the faculty's academic | ||||||
8 | responsibilities, provided that such plan has been first | ||||||
9 | approved by Board action. All such collections shall be | ||||||
10 | deposited into a special fund or funds administered by the | ||||||
11 | Board from which disbursements may be made according to | ||||||
12 | the provisions of said plan. The reasonable costs | ||||||
13 | incurred, by the University, administering the billing, | ||||||
14 | collection and disbursement provisions of a plan shall | ||||||
15 | have first priority for payment before distribution or | ||||||
16 | disbursement for any other purpose. Audited financial | ||||||
17 | statements of the plan or plans must be provided to the | ||||||
18 | Legislative Audit Commission annually. | ||||||
19 | The Board of Trustees may own, operate, or govern, by | ||||||
20 | or through the School of Medicine, a managed care | ||||||
21 | community network established under subsection (b) of | ||||||
22 | Section 5-11 of the Illinois Public Aid Code. | ||||||
23 | 12. The Board of Trustees may, directly or in | ||||||
24 | cooperation with other institutions of higher education, | ||||||
25 | acquire by purchase or lease or otherwise, and construct, | ||||||
26 | enlarge, improve, equip, complete, operate, control and |
| |||||||
| |||||||
1 | manage medical research and high technology parks, | ||||||
2 | together with the necessary lands, buildings, facilities, | ||||||
3 | equipment, and personal property therefor, to encourage | ||||||
4 | and facilitate (a) the location and development of | ||||||
5 | business and industry in the State of Illinois, and (b) | ||||||
6 | the increased application and development of technology | ||||||
7 | and (c) the improvement and development of the State's | ||||||
8 | economy. The Board of Trustees may lease to nonprofit | ||||||
9 | corporations all or any part of the land, buildings, | ||||||
10 | facilities, equipment or other property included in a | ||||||
11 | medical research and high technology park upon such terms | ||||||
12 | and conditions as the Board of Trustees may deem advisable | ||||||
13 | and enter into any contract or agreement with such | ||||||
14 | nonprofit corporations as may be necessary or suitable for | ||||||
15 | the construction, financing, operation and maintenance and | ||||||
16 | management of any such park; and may lease to any person, | ||||||
17 | firm, partnership or corporation, either public or | ||||||
18 | private, any part or all of the land, building, | ||||||
19 | facilities, equipment or other property of such park for | ||||||
20 | such purposes and upon such rentals, terms and conditions | ||||||
21 | as the Board of Trustees may deem advisable; and may | ||||||
22 | finance all or part of the cost of any such park, including | ||||||
23 | the purchase, lease, construction, reconstruction, | ||||||
24 | improvement, remodeling, addition to, and extension and | ||||||
25 | maintenance of all or part of such high technology park, | ||||||
26 | and all equipment and furnishings, by legislative |
| |||||||
| |||||||
1 | appropriations, government grants, contracts, private | ||||||
2 | gifts, loans, receipts from the operation of such high | ||||||
3 | technology park, rentals and similar receipts; and may | ||||||
4 | make its other facilities and services available to | ||||||
5 | tenants or other occupants of any such park at rates which | ||||||
6 | are reasonable and appropriate. | ||||||
7 | 13. To borrow money, as necessary, from time to time | ||||||
8 | in anticipation of receiving tuition, payments from the | ||||||
9 | State of Illinois, or other revenues or receipts of the | ||||||
10 | University, also known as anticipated moneys. The | ||||||
11 | borrowing limit shall be capped at 100% of the total | ||||||
12 | amount of payroll and other expense vouchers submitted and | ||||||
13 | payable to the University for fiscal year 2010 expenses, | ||||||
14 | but unpaid by the State Comptroller's office. Prior to | ||||||
15 | borrowing any funds, the University shall request from the | ||||||
16 | Comptroller's office a verification of the borrowing limit | ||||||
17 | and shall include the estimated date on which such | ||||||
18 | borrowing shall occur. The borrowing limit cap shall be | ||||||
19 | verified by the State Comptroller's office not prior to 45 | ||||||
20 | days before any estimated date for executing any | ||||||
21 | promissory note or line of credit established under this | ||||||
22 | item 13. The principal amount borrowed under a promissory | ||||||
23 | note or line of credit shall not exceed 75% of the | ||||||
24 | borrowing limit. Within 15 days after borrowing funds | ||||||
25 | under any promissory note or line of credit established | ||||||
26 | under this item 13, the University shall submit to the |
| |||||||
| |||||||
1 | Governor's Office of Management and Budget, the Speaker of | ||||||
2 | the House of Representatives, the Minority Leader of the | ||||||
3 | House of Representatives, the President of the Senate, and | ||||||
4 | the Minority Leader of the Senate an Emergency Short Term | ||||||
5 | Cash Management Plan. The Emergency Short Term Cash | ||||||
6 | Management Plan shall outline the amount borrowed, the | ||||||
7 | terms for repayment, the amount of outstanding State | ||||||
8 | vouchers as verified by the State Comptroller's office, | ||||||
9 | and the University's plan for expenditure of any borrowed | ||||||
10 | funds, including, but not limited to, a detailed plan to | ||||||
11 | meet payroll obligations to include collective bargaining | ||||||
12 | employees, civil service employees, and academic, | ||||||
13 | research, and health care personnel. The establishment of | ||||||
14 | any promissory note or line of credit established under | ||||||
15 | this item 13 must be finalized within 90 days after the | ||||||
16 | effective date of this amendatory Act of the 96th General | ||||||
17 | Assembly. The borrowed moneys shall be applied to the | ||||||
18 | purposes of paying salaries and other expenses lawfully | ||||||
19 | authorized in the University's State appropriation and | ||||||
20 | unpaid by the State Comptroller. Any line of credit | ||||||
21 | established under this item 13 shall be paid in full one | ||||||
22 | year after creation or within 10 days after the date the | ||||||
23 | University receives reimbursement from the State for all | ||||||
24 | submitted fiscal year 2010 vouchers, whichever is earlier. | ||||||
25 | Any promissory note established under this item 13 shall | ||||||
26 | be repaid within one year after issuance of the note. The |
| |||||||
| |||||||
1 | Chairman, Comptroller, or Treasurer of the Board shall | ||||||
2 | execute a promissory note or similar debt instrument to | ||||||
3 | evidence the indebtedness incurred by the borrowing. In | ||||||
4 | connection with a borrowing, the Board may establish a | ||||||
5 | line of credit with a financial institution, investment | ||||||
6 | bank, or broker/dealer. The obligation to make the | ||||||
7 | payments due under any promissory note or line of credit | ||||||
8 | established under this item 13 shall be a lawful | ||||||
9 | obligation of the University payable from the anticipated | ||||||
10 | moneys. Any borrowing under this item 13 shall not | ||||||
11 | constitute a debt, legal or moral, of the State and shall | ||||||
12 | not be enforceable against the State. The promissory note | ||||||
13 | or line of credit shall be authorized by a resolution | ||||||
14 | passed by the Board and shall be valid whether or not a | ||||||
15 | budgeted item with respect to that resolution is included | ||||||
16 | in any annual or supplemental budget adopted by the Board. | ||||||
17 | The resolution shall set forth facts demonstrating the | ||||||
18 | need for the borrowing, state an amount that the amount to | ||||||
19 | be borrowed will not exceed, and establish a maximum | ||||||
20 | interest rate limit not to exceed the maximum rate | ||||||
21 | authorized by the Bond Authorization Act or 9%, whichever | ||||||
22 | is less. The resolution may direct the Comptroller or | ||||||
23 | Treasurer of the Board to make arrangements to set apart | ||||||
24 | and hold the portion of the anticipated moneys, as | ||||||
25 | received, that shall be used to repay the borrowing, | ||||||
26 | subject to any prior pledges or restrictions with respect |
| |||||||
| |||||||
1 | to the anticipated moneys. The resolution may also | ||||||
2 | authorize the Treasurer of the Board to make partial | ||||||
3 | repayments of the borrowing as the anticipated moneys | ||||||
4 | become available and may contain any other terms, | ||||||
5 | restrictions, or limitations not inconsistent with the | ||||||
6 | powers of the Board. | ||||||
7 | For the purposes of this item 13, "financial | ||||||
8 | institution" means any bank subject to the Illinois | ||||||
9 | Banking Act, any savings and loan association subject to | ||||||
10 | the Illinois Savings and Loan Act of 1985, and any | ||||||
11 | federally chartered commercial bank or savings and loan | ||||||
12 | association or government-sponsored enterprise organized | ||||||
13 | and operated in this State pursuant to the laws of the | ||||||
14 | United States. | ||||||
15 | The powers of the Board as herein designated are subject | ||||||
16 | to the Board of Higher Education Act. | ||||||
17 | (Source: P.A. 100-400, eff. 8-25-17.)
| ||||||
18 | Section 15. The Chicago State University Law is amended by | ||||||
19 | changing Section 5-45 as follows:
| ||||||
20 | (110 ILCS 660/5-45) | ||||||
21 | Sec. 5-45. Powers and duties. The Board also shall have | ||||||
22 | power and it shall be its duty: | ||||||
23 | (1) To make rules, regulations and bylaws, not | ||||||
24 | inconsistent with law, for the government and management of |
| |||||||
| |||||||
1 | Chicago State University and its branches; | ||||||
2 | (2) To employ, and, for good cause, to remove a President | ||||||
3 | of Chicago State University, and all necessary deans, | ||||||
4 | professors, associate professors, assistant professors, | ||||||
5 | instructors, other educational and administrative assistants, | ||||||
6 | and all other necessary employees, and to prescribe their | ||||||
7 | duties and contract with them upon matters relating to tenure, | ||||||
8 | salaries and retirement benefits in accordance with the State | ||||||
9 | Universities Civil Service Act. Whenever the Board establishes | ||||||
10 | a search committee to fill the position of President of | ||||||
11 | Chicago State University, there shall be minority | ||||||
12 | representation, including women, on that search committee. The | ||||||
13 | Board shall, upon the written request of an employee of | ||||||
14 | Chicago State University, withhold from the compensation of | ||||||
15 | that employee any dues, payments or contributions payable by | ||||||
16 | such employee to any labor organization as defined in the | ||||||
17 | Illinois Educational Labor Relations Act. Under such | ||||||
18 | arrangement, an amount shall be withheld from each regular | ||||||
19 | payroll period which is equal to the pro rata share of the | ||||||
20 | annual dues plus any payments or contributions, and the Board | ||||||
21 | shall transmit such withholdings to the specified labor | ||||||
22 | organization within 10 working days from the time of the | ||||||
23 | withholding; | ||||||
24 | (3) To prescribe the courses of study to be followed, and | ||||||
25 | textbooks and apparatus to be used at Chicago State | ||||||
26 | University; |
| |||||||
| |||||||
1 | (4) To issue upon the recommendation of the faculty, | ||||||
2 | diplomas to such persons as have satisfactorily completed the | ||||||
3 | required studies of Chicago State University, and confer such | ||||||
4 | professional and literary degrees as are usually conferred by | ||||||
5 | other institutions of like character for similar or equivalent | ||||||
6 | courses of study, or such as the Board may deem appropriate; | ||||||
7 | (5) To examine into the conditions, management, and | ||||||
8 | administration of Chicago State University, to provide the | ||||||
9 | requisite buildings, apparatus, equipment and auxiliary | ||||||
10 | enterprises, and to fix and collect matriculation fees; | ||||||
11 | tuition fees; fees for student activities; fees for student | ||||||
12 | facilities such as student union buildings or field houses or | ||||||
13 | stadia or other recreational facilities; student welfare fees; | ||||||
14 | laboratory fees; and similar fees for supplies and materials. | ||||||
15 | The expense of the building, improving, repairing and | ||||||
16 | supplying fuel and furniture and the necessary appliances and | ||||||
17 | apparatus for conducting Chicago State University, the | ||||||
18 | reimbursed expenses of members of the Board, and the salaries | ||||||
19 | or compensation of the President, assistants, agents and other | ||||||
20 | employees of Chicago State University, shall be a charge upon | ||||||
21 | the State Treasury. All other expenses shall be chargeable | ||||||
22 | against students, and the Board shall regulate the charges | ||||||
23 | accordingly; | ||||||
24 | (6) To succeed to and to administer all trusts, trust | ||||||
25 | property, and gifts now or hereafter belonging or pertaining | ||||||
26 | to Chicago State University; |
| |||||||
| |||||||
1 | (7) To accept endowments of professorships or departments | ||||||
2 | in Chicago State University from any person who may proffer | ||||||
3 | them and, at regular meetings, to prescribe rules and | ||||||
4 | regulations in relation to endowments and declare on what | ||||||
5 | general principles they may be accepted; | ||||||
6 | (8) To enter into contracts with the Federal government | ||||||
7 | for providing courses of instruction and other services at | ||||||
8 | Chicago State University for persons serving in or with the | ||||||
9 | military or naval forces of the United States, and to provide | ||||||
10 | such courses of instruction and other services; | ||||||
11 | (9) To contract with respect to the Cooperative Computer | ||||||
12 | Center to obtain services related to electronic data | ||||||
13 | processing; | ||||||
14 | (10) To provide for the receipt and expenditures of | ||||||
15 | Federal funds paid to Chicago State University by the Federal | ||||||
16 | government for instruction and other services for persons | ||||||
17 | serving in or with the military or naval forces of the United | ||||||
18 | States, and to provide for audits of such funds; | ||||||
19 | (11) To appoint, subject to the applicable civil service | ||||||
20 | law, persons to be members of the Chicago State University | ||||||
21 | Police Department. Members of the Police Department shall be | ||||||
22 | conservators of the peace and as such have all powers | ||||||
23 | possessed by policemen in cities, and sheriffs, including the | ||||||
24 | power to make arrests on view or warrants of violations of | ||||||
25 | State statutes, University rules and regulations and city or | ||||||
26 | county ordinances, except that they may exercise such powers |
| |||||||
| |||||||
1 | only within counties wherein Chicago State University and any | ||||||
2 | of its branches or properties are located when such is | ||||||
3 | required for the protection of University properties and | ||||||
4 | interests, and its students and personnel, and otherwise, | ||||||
5 | within such counties, when requested by appropriate State or | ||||||
6 | local law enforcement officials. However, such officers shall | ||||||
7 | have no power to serve and execute civil processes. The chief | ||||||
8 | of police of the Police Department has the final decision on | ||||||
9 | all law enforcement decisions. The President and chancellors | ||||||
10 | of the University are prohibited from being involved in law | ||||||
11 | enforcement decisions. | ||||||
12 | The Board must authorize to each member of the Chicago | ||||||
13 | State University Police Department and to any other employee | ||||||
14 | of Chicago State University exercising the powers of a peace | ||||||
15 | officer a distinct badge that, on its face, (i) clearly states | ||||||
16 | that the badge is authorized by Chicago State University and | ||||||
17 | (ii) contains a unique identifying number on its face. No | ||||||
18 | other badge shall be authorized by Chicago State University; | ||||||
19 | (12) The Board may, directly or in cooperation with other | ||||||
20 | institutions of higher education, acquire by purchase or lease | ||||||
21 | or otherwise, and construct, enlarge, improve, equip, | ||||||
22 | complete, operate, control and manage research and high | ||||||
23 | technology parks, together with the necessary lands, | ||||||
24 | buildings, facilities, equipment, and personal property | ||||||
25 | therefor, to encourage and facilitate (i) the location and | ||||||
26 | development of business and industry in the State of Illinois, |
| |||||||
| |||||||
1 | and (ii) the increased application and development of | ||||||
2 | technology, and (iii) the improvement and development of the | ||||||
3 | State's economy. The Board may lease to nonprofit corporations | ||||||
4 | all or any part of the land, buildings, facilities, equipment | ||||||
5 | or other property included in a research and high technology | ||||||
6 | park upon such terms and conditions as the Board may deem | ||||||
7 | advisable and enter into any contract or agreement with such | ||||||
8 | nonprofit corporations as may be necessary or suitable for the | ||||||
9 | construction, financing, operation and maintenance and | ||||||
10 | management of any such park; and may lease to any person, firm, | ||||||
11 | partnership or corporation, either public or private, any part | ||||||
12 | or all of the land, building, facilities, equipment or other | ||||||
13 | property of such park for such purposes and upon such rentals, | ||||||
14 | terms and conditions as the Board may deem advisable; and may | ||||||
15 | finance all or part of the cost of any such park, including the | ||||||
16 | purchase, lease, construction, reconstruction, improvement, | ||||||
17 | remodeling, addition to, and extension and maintenance of all | ||||||
18 | or part of such high technology park, and all equipment and | ||||||
19 | furnishings, by legislative appropriations, government grants, | ||||||
20 | contracts, private gifts, loans, receipts from the operation | ||||||
21 | of such high technology park, rentals and similar receipts; | ||||||
22 | and may make its other facilities and services available to | ||||||
23 | tenants or other occupants of any such park at rates which are | ||||||
24 | reasonable and appropriate; | ||||||
25 | (13) To borrow money, as necessary, from time to time in | ||||||
26 | anticipation of receiving tuition, payments from the State of |
| |||||||
| |||||||
1 | Illinois, or other revenues or receipts of the University, | ||||||
2 | also known as anticipated moneys. The borrowing limit shall be | ||||||
3 | capped at 100% of the total amount of payroll and other expense | ||||||
4 | vouchers submitted and payable to the University for fiscal | ||||||
5 | year 2010 expenses, but unpaid by the State Comptroller's | ||||||
6 | office. Prior to borrowing any funds, the University shall | ||||||
7 | request from the Comptroller's office a verification of the | ||||||
8 | borrowing limit and shall include the estimated date on which | ||||||
9 | such borrowing shall occur. The borrowing limit cap shall be | ||||||
10 | verified by the State Comptroller's office not prior to 45 | ||||||
11 | days before any estimated date for executing any promissory | ||||||
12 | note or line of credit established under this item (13). The | ||||||
13 | principal amount borrowed under a promissory note or line of | ||||||
14 | credit shall not exceed 75% of the borrowing limit. Within 15 | ||||||
15 | days after borrowing funds under any promissory note or line | ||||||
16 | of credit established under this item (13), the University | ||||||
17 | shall submit to the Governor's Office of Management and | ||||||
18 | Budget, the Speaker of the House of Representatives, the | ||||||
19 | Minority Leader of the House of Representatives, the President | ||||||
20 | of the Senate, and the Minority Leader of the Senate an | ||||||
21 | Emergency Short Term Cash Management Plan. The Emergency Short | ||||||
22 | Term Cash Management Plan shall outline the amount borrowed, | ||||||
23 | the terms for repayment, the amount of outstanding State | ||||||
24 | vouchers as verified by the State Comptroller's office, and | ||||||
25 | the University's plan for expenditure of any borrowed funds, | ||||||
26 | including, but not limited to, a detailed plan to meet payroll |
| |||||||
| |||||||
1 | obligations to include collective bargaining employees, civil | ||||||
2 | service employees, and academic, research, and health care | ||||||
3 | personnel. The establishment of any promissory note or line of | ||||||
4 | credit established under this item (13) must be finalized | ||||||
5 | within 90 days after the effective date of this amendatory Act | ||||||
6 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
7 | applied to the purposes of paying salaries and other expenses | ||||||
8 | lawfully authorized in the University's State appropriation | ||||||
9 | and unpaid by the State Comptroller. Any line of credit | ||||||
10 | established under this item (13) shall be paid in full one year | ||||||
11 | after creation or within 10 days after the date the University | ||||||
12 | receives reimbursement from the State for all submitted fiscal | ||||||
13 | year 2010 vouchers, whichever is earlier. Any promissory note | ||||||
14 | established under this item (13) shall be repaid within one | ||||||
15 | year after issuance of the note. The Chairman, Comptroller, or | ||||||
16 | Treasurer of the Board shall execute a promissory note or | ||||||
17 | similar debt instrument to evidence the indebtedness incurred | ||||||
18 | by the borrowing. In connection with a borrowing, the Board | ||||||
19 | may establish a line of credit with a financial institution, | ||||||
20 | investment bank, or broker/dealer. The obligation to make the | ||||||
21 | payments due under any promissory note or line of credit | ||||||
22 | established under this item (13) shall be a lawful obligation | ||||||
23 | of the University payable from the anticipated moneys. Any | ||||||
24 | borrowing under this item (13) shall not constitute a debt, | ||||||
25 | legal or moral, of the State and shall not be enforceable | ||||||
26 | against the State. The promissory note or line of credit shall |
| |||||||
| |||||||
1 | be authorized by a resolution passed by the Board and shall be | ||||||
2 | valid whether or not a budgeted item with respect to that | ||||||
3 | resolution is included in any annual or supplemental budget | ||||||
4 | adopted by the Board. The resolution shall set forth facts | ||||||
5 | demonstrating the need for the borrowing, state an amount that | ||||||
6 | the amount to be borrowed will not exceed, and establish a | ||||||
7 | maximum interest rate limit not to exceed the maximum rate | ||||||
8 | authorized by the Bond Authorization Act or 9%, whichever is | ||||||
9 | less. The resolution may direct the Comptroller or Treasurer | ||||||
10 | of the Board to make arrangements to set apart and hold the | ||||||
11 | portion of the anticipated moneys, as received, that shall be | ||||||
12 | used to repay the borrowing, subject to any prior pledges or | ||||||
13 | restrictions with respect to the anticipated moneys. The | ||||||
14 | resolution may also authorize the Treasurer of the Board to | ||||||
15 | make partial repayments of the borrowing as the anticipated | ||||||
16 | moneys become available and may contain any other terms, | ||||||
17 | restrictions, or limitations not inconsistent with the powers | ||||||
18 | of the Board. | ||||||
19 | For the purposes of this item (13), "financial | ||||||
20 | institution" means any bank subject to the Illinois Banking | ||||||
21 | Act, any savings and loan association subject to the Illinois | ||||||
22 | Savings and Loan Act of 1985, and any federally chartered | ||||||
23 | commercial bank or savings and loan association or | ||||||
24 | government-sponsored enterprise organized and operated in this | ||||||
25 | State pursuant to the laws of the United States. | ||||||
26 | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
|
| |||||||
| |||||||
1 | Section 20. The Eastern Illinois University Law is amended | ||||||
2 | by changing Section 10-45 as follows:
| ||||||
3 | (110 ILCS 665/10-45) | ||||||
4 | Sec. 10-45. Powers and duties. | ||||||
5 | (a) The Board also shall have power and it shall be its | ||||||
6 | duty: | ||||||
7 | (1) To make rules, regulations and bylaws, not | ||||||
8 | inconsistent with law, for the government and management | ||||||
9 | of Eastern Illinois University and its branches. | ||||||
10 | (2) To employ, and, for good cause, to remove a | ||||||
11 | President of Eastern Illinois University, and all | ||||||
12 | necessary deans, professors, associate professors, | ||||||
13 | assistant professors, instructors, other educational and | ||||||
14 | administrative assistants, and all other necessary | ||||||
15 | employees, and to prescribe their duties and contract with | ||||||
16 | them upon matters relating to tenure, salaries and | ||||||
17 | retirement benefits in accordance with the State | ||||||
18 | Universities Civil Service Act. Whenever the Board | ||||||
19 | establishes a search committee to fill the position of | ||||||
20 | President of Eastern Illinois University, there shall be | ||||||
21 | minority representation, including women, on that search | ||||||
22 | committee. The Board shall, upon the written request of an | ||||||
23 | employee of Eastern Illinois University, withhold from the | ||||||
24 | compensation of that employee any dues, payments or |
| |||||||
| |||||||
1 | contributions payable by such employee to any labor | ||||||
2 | organization as defined in the Illinois Educational Labor | ||||||
3 | Relations Act. Under such arrangement, an amount shall be | ||||||
4 | withheld from each regular payroll period which is equal | ||||||
5 | to the pro rata share of the annual dues plus any payments | ||||||
6 | or contributions, and the Board shall transmit such | ||||||
7 | withholdings to the specified labor organization within 10 | ||||||
8 | working days from the time of the withholding. | ||||||
9 | (3) To prescribe the courses of study to be followed, | ||||||
10 | and textbooks and apparatus to be used at Eastern Illinois | ||||||
11 | University. | ||||||
12 | (4) To issue upon the recommendation of the faculty, | ||||||
13 | diplomas to such persons as have satisfactorily completed | ||||||
14 | the required studies of Eastern Illinois University, and | ||||||
15 | confer such professional and literary degrees as are | ||||||
16 | usually conferred by other institutions of like character | ||||||
17 | for similar or equivalent courses of study, or such as the | ||||||
18 | Board may deem appropriate. | ||||||
19 | (5) To examine into the conditions, management, and | ||||||
20 | administration of Eastern Illinois University, to provide | ||||||
21 | the requisite buildings, apparatus, equipment and | ||||||
22 | auxiliary enterprises, and to fix and collect | ||||||
23 | matriculation fees; tuition fees; fees for student | ||||||
24 | activities; fees for student facilities such as student | ||||||
25 | union buildings or field houses or stadia or other | ||||||
26 | recreational facilities; student welfare fees; laboratory |
| |||||||
| |||||||
1 | fees; and similar fees for supplies and materials. The | ||||||
2 | expense of the building, improving, repairing and | ||||||
3 | supplying fuel and furniture and the necessary appliances | ||||||
4 | and apparatus for conducting Eastern Illinois University, | ||||||
5 | the reimbursed expenses of members of the Board, and the | ||||||
6 | salaries or compensation of the President, assistants, | ||||||
7 | agents and other employees of Eastern Illinois University, | ||||||
8 | shall be a charge upon the State Treasury. All other | ||||||
9 | expenses shall be chargeable against students, and the | ||||||
10 | Board shall regulate the charges accordingly. | ||||||
11 | (6) To succeed to and to administer all trusts, trust | ||||||
12 | property, and gifts now or hereafter belonging or | ||||||
13 | pertaining to Eastern Illinois University. | ||||||
14 | (7) To accept endowments of professorships or | ||||||
15 | departments in Eastern Illinois University from any person | ||||||
16 | who may proffer them and, at regular meetings, to | ||||||
17 | prescribe rules and regulations in relation to endowments | ||||||
18 | and declare on what general principles they may be | ||||||
19 | accepted. | ||||||
20 | (8) To enter into contracts with the Federal | ||||||
21 | government for providing courses of instruction and other | ||||||
22 | services at Eastern Illinois University for persons | ||||||
23 | serving in or with the military or naval forces of the | ||||||
24 | United States, and to provide such courses of instruction | ||||||
25 | and other services. | ||||||
26 | (9) To contract with respect to the Cooperative |
| |||||||
| |||||||
1 | Computer Center to obtain services related to electronic | ||||||
2 | data processing. | ||||||
3 | (10) To provide for the receipt and expenditures of | ||||||
4 | Federal funds paid to Eastern Illinois University by the | ||||||
5 | Federal government for instruction and other services for | ||||||
6 | persons serving in or with the military or naval forces of | ||||||
7 | the United States, and to provide for audits of such | ||||||
8 | funds. | ||||||
9 | (11) To appoint, subject to the applicable civil | ||||||
10 | service law, persons to be members of the Eastern Illinois | ||||||
11 | University Police Department. Members of the Police | ||||||
12 | Department shall be conservators of the peace and as such | ||||||
13 | have all powers possessed by policemen in cities, and | ||||||
14 | sheriffs, including the power to make arrests on view or | ||||||
15 | warrants of violations of State statutes, University rules | ||||||
16 | and regulations and city or county ordinances, except that | ||||||
17 | they may exercise such powers only within counties wherein | ||||||
18 | Eastern Illinois University and any of its branches or | ||||||
19 | properties are located when such is required for the | ||||||
20 | protection of University properties and interests, and its | ||||||
21 | students and personnel, and otherwise, within such | ||||||
22 | counties, when requested by appropriate State or local law | ||||||
23 | enforcement officials. However, such officers shall have | ||||||
24 | no power to serve and execute civil processes. The chief | ||||||
25 | of police of the Police Department has the final decision | ||||||
26 | on all law enforcement decisions. The President and |
| |||||||
| |||||||
1 | chancellors of the University are prohibited from being | ||||||
2 | involved in law enforcement decisions. | ||||||
3 | The Board must authorize to each member of the Eastern | ||||||
4 | Illinois University Police Department and to any other | ||||||
5 | employee of Eastern Illinois University exercising the | ||||||
6 | powers of a peace officer a distinct badge that, on its | ||||||
7 | face, (i) clearly states that the badge is authorized by | ||||||
8 | Eastern Illinois University and (ii) contains a unique | ||||||
9 | identifying number. No other badge shall be authorized by | ||||||
10 | Eastern Illinois University. | ||||||
11 | (12) To borrow money, as necessary, from time to time | ||||||
12 | in anticipation of receiving tuition, payments from the | ||||||
13 | State of Illinois, or other revenues or receipts of the | ||||||
14 | University, also known as anticipated moneys. The | ||||||
15 | borrowing limit shall be capped at 100% of the total | ||||||
16 | amount of payroll and other expense vouchers submitted and | ||||||
17 | payable to the University for fiscal year 2010 expenses, | ||||||
18 | but unpaid by the State Comptroller's office. Prior to | ||||||
19 | borrowing any funds, the University shall request from the | ||||||
20 | Comptroller's office a verification of the borrowing limit | ||||||
21 | and shall include the estimated date on which such | ||||||
22 | borrowing shall occur. The borrowing limit cap shall be | ||||||
23 | verified by the State Comptroller's office not prior to 45 | ||||||
24 | days before any estimated date for executing any | ||||||
25 | promissory note or line of credit established under this | ||||||
26 | item (12). The principal amount borrowed under a |
| |||||||
| |||||||
1 | promissory note or line of credit shall not exceed 75% of | ||||||
2 | the borrowing limit. Within 15 days after borrowing funds | ||||||
3 | under any promissory note or line of credit established | ||||||
4 | under this item (12), the University shall submit to the | ||||||
5 | Governor's Office of Management and Budget, the Speaker of | ||||||
6 | the House of Representatives, the Minority Leader of the | ||||||
7 | House of Representatives, the President of the Senate, and | ||||||
8 | the Minority Leader of the Senate an Emergency Short Term | ||||||
9 | Cash Management Plan. The Emergency Short Term Cash | ||||||
10 | Management Plan shall outline the amount borrowed, the | ||||||
11 | terms for repayment, the amount of outstanding State | ||||||
12 | vouchers as verified by the State Comptroller's office, | ||||||
13 | and the University's plan for expenditure of any borrowed | ||||||
14 | funds, including, but not limited to, a detailed plan to | ||||||
15 | meet payroll obligations to include collective bargaining | ||||||
16 | employees, civil service employees, and academic, | ||||||
17 | research, and health care personnel. The establishment of | ||||||
18 | any promissory note or line of credit established under | ||||||
19 | this item (12) must be finalized within 90 days after the | ||||||
20 | effective date of this amendatory Act of the 96th General | ||||||
21 | Assembly. The borrowed moneys shall be applied to the | ||||||
22 | purposes of paying salaries and other expenses lawfully | ||||||
23 | authorized in the University's State appropriation and | ||||||
24 | unpaid by the State Comptroller. Any line of credit | ||||||
25 | established under this item (12) shall be paid in full one | ||||||
26 | year after creation or within 10 days after the date the |
| |||||||
| |||||||
1 | University receives reimbursement from the State for all | ||||||
2 | submitted fiscal year 2010 vouchers, whichever is earlier. | ||||||
3 | Any promissory note established under this item (12) shall | ||||||
4 | be repaid within one year after issuance of the note. The | ||||||
5 | Chairman, Comptroller, or Treasurer of the Board shall | ||||||
6 | execute a promissory note or similar debt instrument to | ||||||
7 | evidence the indebtedness incurred by the borrowing. In | ||||||
8 | connection with a borrowing, the Board may establish a | ||||||
9 | line of credit with a financial institution, investment | ||||||
10 | bank, or broker/dealer. The obligation to make the | ||||||
11 | payments due under any promissory note or line of credit | ||||||
12 | established under this item (12) shall be a lawful | ||||||
13 | obligation of the University payable from the anticipated | ||||||
14 | moneys. Any borrowing under this item (12) shall not | ||||||
15 | constitute a debt, legal or moral, of the State and shall | ||||||
16 | not be enforceable against the State. The promissory note | ||||||
17 | or line of credit shall be authorized by a resolution | ||||||
18 | passed by the Board and shall be valid whether or not a | ||||||
19 | budgeted item with respect to that resolution is included | ||||||
20 | in any annual or supplemental budget adopted by the Board. | ||||||
21 | The resolution shall set forth facts demonstrating the | ||||||
22 | need for the borrowing, state an amount that the amount to | ||||||
23 | be borrowed will not exceed, and establish a maximum | ||||||
24 | interest rate limit not to exceed the maximum rate | ||||||
25 | authorized by the Bond Authorization Act or 9%, whichever | ||||||
26 | is less. The resolution may direct the Comptroller or |
| |||||||
| |||||||
1 | Treasurer of the Board to make arrangements to set apart | ||||||
2 | and hold the portion of the anticipated moneys, as | ||||||
3 | received, that shall be used to repay the borrowing, | ||||||
4 | subject to any prior pledges or restrictions with respect | ||||||
5 | to the anticipated moneys. The resolution may also | ||||||
6 | authorize the Treasurer of the Board to make partial | ||||||
7 | repayments of the borrowing as the anticipated moneys | ||||||
8 | become available and may contain any other terms, | ||||||
9 | restrictions, or limitations not inconsistent with the | ||||||
10 | powers of the Board. | ||||||
11 | For the purposes of this item (12), "financial | ||||||
12 | institution" means any bank subject to the Illinois | ||||||
13 | Banking Act, any savings and loan association subject to | ||||||
14 | the Illinois Savings and Loan Act of 1985, and any | ||||||
15 | federally chartered commercial bank or savings and loan | ||||||
16 | association or government-sponsored enterprise organized | ||||||
17 | and operated in this State pursuant to the laws of the | ||||||
18 | United States. | ||||||
19 | (b) The Board may, directly or in cooperation with other | ||||||
20 | institutions of higher education, acquire by purchase or lease | ||||||
21 | or otherwise, and construct, enlarge, improve, equip, | ||||||
22 | complete, operate, control and manage research and high | ||||||
23 | technology parks, together with the necessary lands, | ||||||
24 | buildings, facilities, equipment, and personal property | ||||||
25 | therefor, to encourage and facilitate (i) the location and | ||||||
26 | development of business and industry in the State of Illinois, |
| |||||||
| |||||||
1 | and (ii) the increased application and development of | ||||||
2 | technology, and (iii) the improvement and development of the | ||||||
3 | State's economy. The Board may lease to nonprofit corporations | ||||||
4 | all or any part of the land, buildings, facilities, equipment | ||||||
5 | or other property included in a research and high technology | ||||||
6 | park upon such terms and conditions as the Board may deem | ||||||
7 | advisable and enter into any contract or agreement with such | ||||||
8 | nonprofit corporations as may be necessary or suitable for the | ||||||
9 | construction, financing, operation and maintenance and | ||||||
10 | management of any such park; and may lease to any person, firm, | ||||||
11 | partnership or corporation, either public or private, any part | ||||||
12 | or all of the land, building, facilities, equipment or other | ||||||
13 | property of such park for such purposes and upon such rentals, | ||||||
14 | terms and conditions as the Board may deem advisable; and may | ||||||
15 | finance all or part of the cost of any such park, including the | ||||||
16 | purchase, lease, construction, reconstruction, improvement, | ||||||
17 | remodeling, addition to, and extension and maintenance of all | ||||||
18 | or part of such high technology park, and all equipment and | ||||||
19 | furnishings, by legislative appropriations, government grants, | ||||||
20 | contracts, private gifts, loans, receipts from the operation | ||||||
21 | of such high technology park, rentals and similar receipts; | ||||||
22 | and may make its other facilities and services available to | ||||||
23 | tenants or other occupants of any such park at rates which are | ||||||
24 | reasonable and appropriate. | ||||||
25 | (c) The Board may sell the following described property | ||||||
26 | without compliance with the State Property Control Act and |
| |||||||
| |||||||
1 | retain the proceeds in the University treasury in a special, | ||||||
2 | separate development fund account that the Auditor General | ||||||
3 | shall examine to assure compliance with this Law: | ||||||
4 | Lots 511 and 512 in Heritage Woods V, Charleston, Coles | ||||||
5 | County, Illinois. | ||||||
6 | Revenues from the development fund account may be withdrawn by | ||||||
7 | the University for the purpose of upgrading the on-campus | ||||||
8 | formal reception facility. Moneys from the development fund | ||||||
9 | account used for any other purpose must be deposited into and | ||||||
10 | appropriated from the General Revenue Fund. | ||||||
11 | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
| ||||||
12 | Section 25. The Governors State University Law is amended | ||||||
13 | by changing Section 15-45 as follows:
| ||||||
14 | (110 ILCS 670/15-45) | ||||||
15 | Sec. 15-45. Powers and duties. The Board also shall have | ||||||
16 | power and it shall be its duty: | ||||||
17 | (1) To make rules, regulations and bylaws, not | ||||||
18 | inconsistent with law, for the government and management of | ||||||
19 | Governors State University and its branches; | ||||||
20 | (2) To employ, and, for good cause, to remove a President | ||||||
21 | of Governors State University, and all necessary deans, | ||||||
22 | professors, associate professors, assistant professors, | ||||||
23 | instructors, other educational and administrative assistants, | ||||||
24 | and all other necessary employees, and to prescribe their |
| |||||||
| |||||||
1 | duties and contract with them upon matters relating to tenure, | ||||||
2 | salaries and retirement benefits in accordance with the State | ||||||
3 | Universities Civil Service Act. Whenever the Board establishes | ||||||
4 | a search committee to fill the position of President of | ||||||
5 | Governors State University, there shall be minority | ||||||
6 | representation, including women, on that search committee. The | ||||||
7 | Board shall, upon the written request of an employee of | ||||||
8 | Governors State University, withhold from the compensation of | ||||||
9 | that employee any dues, payments or contributions payable by | ||||||
10 | such employee to any labor organization as defined in the | ||||||
11 | Illinois Educational Labor Relations Act. Under such | ||||||
12 | arrangement, an amount shall be withheld from each regular | ||||||
13 | payroll period which is equal to the pro rata share of the | ||||||
14 | annual dues plus any payments or contributions, and the Board | ||||||
15 | shall transmit such withholdings to the specified labor | ||||||
16 | organization within 10 working days from the time of the | ||||||
17 | withholding; | ||||||
18 | (3) To prescribe the courses of study to be followed, and | ||||||
19 | textbooks and apparatus to be used at Governors State | ||||||
20 | University; | ||||||
21 | (4) To issue upon the recommendation of the faculty, | ||||||
22 | diplomas to such persons as have satisfactorily completed the | ||||||
23 | required studies of Governors State University, and confer | ||||||
24 | such professional and literary degrees as are usually | ||||||
25 | conferred by other institutions of like character for similar | ||||||
26 | or equivalent courses of study, or such as the Board may deem |
| |||||||
| |||||||
1 | appropriate; | ||||||
2 | (5) To examine into the conditions, management, and | ||||||
3 | administration of Governors State University, to provide the | ||||||
4 | requisite buildings, apparatus, equipment and auxiliary | ||||||
5 | enterprises, and to fix and collect matriculation fees; | ||||||
6 | tuition fees; fees for student activities; fees for student | ||||||
7 | facilities such as student union buildings or field houses or | ||||||
8 | stadia or other recreational facilities; student welfare fees; | ||||||
9 | laboratory fees; and similar fees for supplies and materials. | ||||||
10 | The expense of the building, improving, repairing and | ||||||
11 | supplying fuel and furniture and the necessary appliances and | ||||||
12 | apparatus for conducting Governors State University, the | ||||||
13 | reimbursed expenses of members of the Board, and the salaries | ||||||
14 | or compensation of the President, assistants, agents and other | ||||||
15 | employees of Governors State University, shall be a charge | ||||||
16 | upon the State Treasury. All other expenses shall be | ||||||
17 | chargeable against students, and the Board shall regulate the | ||||||
18 | charges accordingly; | ||||||
19 | (6) To succeed to and to administer all trusts, trust | ||||||
20 | property, and gifts now or hereafter belonging or pertaining | ||||||
21 | to Governors State University; | ||||||
22 | (7) To accept endowments of professorships or departments | ||||||
23 | in Governors State University from any person who may proffer | ||||||
24 | them and, at regular meetings, to prescribe rules and | ||||||
25 | regulations in relation to endowments and declare on what | ||||||
26 | general principles they may be accepted; |
| |||||||
| |||||||
1 | (8) To enter into contracts with the Federal government | ||||||
2 | for providing courses of instruction and other services at | ||||||
3 | Governors State University for persons serving in or with the | ||||||
4 | military or naval forces of the United States, and to provide | ||||||
5 | such courses of instruction and other services; | ||||||
6 | (9) To operate, maintain, and contract with respect to the | ||||||
7 | Cooperative Computer Center for its own purposes and to | ||||||
8 | provide services related to electronic data processing to | ||||||
9 | other public and private colleges and universities, to | ||||||
10 | governmental agencies, and to public or private not-for-profit | ||||||
11 | agencies; and to examine the conditions, management, and | ||||||
12 | administration of the Cooperative Computer Center; | ||||||
13 | (10) To provide for the receipt and expenditures of | ||||||
14 | Federal funds paid to Governors State University by the | ||||||
15 | Federal government for instruction and other services for | ||||||
16 | persons serving in or with the military or naval forces of the | ||||||
17 | United States, and to provide for audits of such funds; | ||||||
18 | (11) To appoint, subject to the applicable civil service | ||||||
19 | law, persons to be members of the Governors State University | ||||||
20 | Police Department. Members of the Police Department shall be | ||||||
21 | conservators of the peace and as such have all powers | ||||||
22 | possessed by policemen in cities, and sheriffs, including the | ||||||
23 | power to make arrests on view or warrants of violations of | ||||||
24 | State statutes, University rules and regulations and city or | ||||||
25 | county ordinances, except that they may exercise such powers | ||||||
26 | only within counties wherein Governors State University and |
| |||||||
| |||||||
1 | any of its branches or properties are located when such is | ||||||
2 | required for the protection of University properties and | ||||||
3 | interests, and its students and personnel, and otherwise, | ||||||
4 | within such counties, when requested by appropriate State or | ||||||
5 | local law enforcement officials. However, such officers shall | ||||||
6 | have no power to serve and execute civil processes. The chief | ||||||
7 | of police of the Police Department has the final decision on | ||||||
8 | all law enforcement decisions. The President and chancellors | ||||||
9 | of the University are prohibited from being involved in law | ||||||
10 | enforcement decisions. | ||||||
11 | The Board must authorize to each member of the Governors | ||||||
12 | State University Police Department and to any other employee | ||||||
13 | of Governors State University exercising the powers of a peace | ||||||
14 | officer a distinct badge that, on its face, (i) clearly states | ||||||
15 | that the badge is authorized by Governors State University and | ||||||
16 | (ii) contains a unique identifying number. No other badge | ||||||
17 | shall be authorized by Governors State University; | ||||||
18 | (12) The Board may, directly or in cooperation with other | ||||||
19 | institutions of higher education, acquire by purchase or lease | ||||||
20 | or otherwise, and construct, enlarge, improve, equip, | ||||||
21 | complete, operate, control and manage research and high | ||||||
22 | technology parks, together with the necessary lands, | ||||||
23 | buildings, facilities, equipment, and personal property | ||||||
24 | therefor, to encourage and facilitate (i) the location and | ||||||
25 | development of business and industry in the State of Illinois, | ||||||
26 | and (ii) the increased application and development of |
| |||||||
| |||||||
1 | technology, and (iii) the improvement and development of the | ||||||
2 | State's economy. The Board may lease to nonprofit corporations | ||||||
3 | all or any part of the land, buildings, facilities, equipment | ||||||
4 | or other property included in a research and high technology | ||||||
5 | park upon such terms and conditions as the Board may deem | ||||||
6 | advisable and enter into any contract or agreement with such | ||||||
7 | nonprofit corporations as may be necessary or suitable for the | ||||||
8 | construction, financing, operation and maintenance and | ||||||
9 | management of any such park; and may lease to any person, firm, | ||||||
10 | partnership or corporation, either public or private, any part | ||||||
11 | or all of the land, building, facilities, equipment or other | ||||||
12 | property of such park for such purposes and upon such rentals, | ||||||
13 | terms and conditions as the Board may deem advisable; and may | ||||||
14 | finance all or part of the cost of any such park, including the | ||||||
15 | purchase, lease, construction, reconstruction, improvement, | ||||||
16 | remodeling, addition to, and extension and maintenance of all | ||||||
17 | or part of such high technology park, and all equipment and | ||||||
18 | furnishings, by legislative appropriations, government grants, | ||||||
19 | contracts, private gifts, loans, receipts from the operation | ||||||
20 | of such high technology park, rentals and similar receipts; | ||||||
21 | and may make its other facilities and services available to | ||||||
22 | tenants or other occupants of any such park at rates which are | ||||||
23 | reasonable and appropriate; | ||||||
24 | (13) To borrow money, as necessary, from time to time in | ||||||
25 | anticipation of receiving tuition, payments from the State of | ||||||
26 | Illinois, or other revenues or receipts of the University, |
| |||||||
| |||||||
1 | also known as anticipated moneys. The borrowing limit shall be | ||||||
2 | capped at 100% of the total amount of payroll and other expense | ||||||
3 | vouchers submitted and payable to the University for fiscal | ||||||
4 | year 2010 expenses, but unpaid by the State Comptroller's | ||||||
5 | office. Prior to borrowing any funds, the University shall | ||||||
6 | request from the Comptroller's office a verification of the | ||||||
7 | borrowing limit and shall include the estimated date on which | ||||||
8 | such borrowing shall occur. The borrowing limit cap shall be | ||||||
9 | verified by the State Comptroller's office not prior to 45 | ||||||
10 | days before any estimated date for executing any promissory | ||||||
11 | note or line of credit established under this item (13). The | ||||||
12 | principal amount borrowed under a promissory note or line of | ||||||
13 | credit shall not exceed 75% of the borrowing limit. Within 15 | ||||||
14 | days after borrowing funds under any promissory note or line | ||||||
15 | of credit established under this item (13), the University | ||||||
16 | shall submit to the Governor's Office of Management and | ||||||
17 | Budget, the Speaker of the House of Representatives, the | ||||||
18 | Minority Leader of the House of Representatives, the President | ||||||
19 | of the Senate, and the Minority Leader of the Senate an | ||||||
20 | Emergency Short Term Cash Management Plan. The Emergency Short | ||||||
21 | Term Cash Management Plan shall outline the amount borrowed, | ||||||
22 | the terms for repayment, the amount of outstanding State | ||||||
23 | vouchers as verified by the State Comptroller's office, and | ||||||
24 | the University's plan for expenditure of any borrowed funds, | ||||||
25 | including, but not limited to, a detailed plan to meet payroll | ||||||
26 | obligations for all collective bargaining employees, civil |
| |||||||
| |||||||
1 | service employees, and academic, research, and health care | ||||||
2 | personnel. The establishment of any promissory note or line of | ||||||
3 | credit established under this item (13) must be finalized | ||||||
4 | within 90 days after the effective date of this amendatory Act | ||||||
5 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
6 | applied to the purposes of paying salaries and other expenses | ||||||
7 | lawfully authorized in the University's State appropriation | ||||||
8 | and unpaid by the State Comptroller. Any line of credit | ||||||
9 | established under this item (13) shall be paid in full one year | ||||||
10 | after creation or on such date as the University receives | ||||||
11 | reimbursement from the State for all submitted fiscal year | ||||||
12 | 2010 vouchers, whichever is earlier. Any promissory note | ||||||
13 | established under this item (13) shall be repaid within one | ||||||
14 | year after issuance of the note. The Chairman, Comptroller, or | ||||||
15 | Treasurer of the Board shall execute a promissory note or | ||||||
16 | similar debt instrument to evidence the indebtedness incurred | ||||||
17 | by the borrowing. In connection with a borrowing, the Board | ||||||
18 | may establish a line of credit with a financial institution, | ||||||
19 | investment bank, or broker/dealer. The obligation to make the | ||||||
20 | payments due under any promissory note or line of credit | ||||||
21 | established under this item (13) shall be a lawful obligation | ||||||
22 | of the University payable from the anticipated moneys. Any | ||||||
23 | borrowing under this item (13) shall not constitute a debt, | ||||||
24 | legal or moral, of the State and shall not be enforceable | ||||||
25 | against the State. The line of credit shall be authorized by a | ||||||
26 | resolution passed by the Board and shall be valid whether or |
| |||||||
| |||||||
1 | not a budgeted item with respect to that resolution is | ||||||
2 | included in any annual or supplemental budget adopted by the | ||||||
3 | Board. The resolution shall set forth facts demonstrating the | ||||||
4 | need for the borrowing, state an amount that the amount to be | ||||||
5 | borrowed will not exceed, and establish a maximum interest | ||||||
6 | rate limit not to exceed the maximum rate authorized by the | ||||||
7 | Bond Authorization Act or 9%, whichever is less. The | ||||||
8 | resolution may direct the Comptroller or Treasurer of the | ||||||
9 | Board to make arrangements to set apart and hold the portion of | ||||||
10 | the anticipated moneys, as received, that shall be used to | ||||||
11 | repay the borrowing, subject to any prior pledges or | ||||||
12 | restrictions with respect to the anticipated moneys. The | ||||||
13 | resolution may also authorize the Treasurer of the Board to | ||||||
14 | make partial repayments of the borrowing as the anticipated | ||||||
15 | moneys become available and may contain any other terms, | ||||||
16 | restrictions, or limitations not inconsistent with the powers | ||||||
17 | of the Board. | ||||||
18 | For the purposes of this item (13), "financial | ||||||
19 | institution" means any bank subject to the Illinois Banking | ||||||
20 | Act, any savings and loan association subject to the Illinois | ||||||
21 | Savings and Loan Act of 1985, and any federally chartered | ||||||
22 | commercial bank or savings and loan association or | ||||||
23 | government-sponsored enterprise organized and operated in this | ||||||
24 | State pursuant to the laws of the United States. | ||||||
25 | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
|
| |||||||
| |||||||
1 | Section 30. The Illinois State University Law is amended | ||||||
2 | by changing Section 20-45 as follows:
| ||||||
3 | (110 ILCS 675/20-45) | ||||||
4 | Sec. 20-45. Powers and duties. The Board also shall have | ||||||
5 | power and it shall be its duty: | ||||||
6 | (1) To make rules, regulations and bylaws, not | ||||||
7 | inconsistent with law, for the government and management of | ||||||
8 | Illinois State University and its branches; | ||||||
9 | (2) To employ, and, for good cause, to remove a President | ||||||
10 | of Illinois State University, and all necessary deans, | ||||||
11 | professors, associate professors, assistant professors, | ||||||
12 | instructors, other educational and administrative assistants, | ||||||
13 | and all other necessary employees, and to prescribe their | ||||||
14 | duties and contract with them upon matters relating to tenure, | ||||||
15 | salaries and retirement benefits in accordance with the State | ||||||
16 | Universities Civil Service Act. Whenever the Board establishes | ||||||
17 | a search committee to fill the position of President of | ||||||
18 | Illinois State University, there shall be minority | ||||||
19 | representation, including women, on that search committee. The | ||||||
20 | Board shall, upon the written request of an employee of | ||||||
21 | Illinois State University, withhold from the compensation of | ||||||
22 | that employee any dues, payments or contributions payable by | ||||||
23 | such employee to any labor organization as defined in the | ||||||
24 | Illinois Educational Labor Relations Act. Under such | ||||||
25 | arrangement, an amount shall be withheld from each regular |
| |||||||
| |||||||
1 | payroll period which is equal to the pro rata share of the | ||||||
2 | annual dues plus any payments or contributions, and the Board | ||||||
3 | shall transmit such withholdings to the specified labor | ||||||
4 | organization within 10 working days from the time of the | ||||||
5 | withholding; | ||||||
6 | (3) To prescribe the courses of study to be followed, and | ||||||
7 | textbooks and apparatus to be used at Illinois State | ||||||
8 | University; | ||||||
9 | (4) To issue upon the recommendation of the faculty, | ||||||
10 | diplomas to such persons as have satisfactorily completed the | ||||||
11 | required studies of Illinois State University, and confer such | ||||||
12 | professional and literary degrees as are usually conferred by | ||||||
13 | other institutions of like character for similar or equivalent | ||||||
14 | courses of study, or such as the Board may deem appropriate; | ||||||
15 | (5) To examine into the conditions, management, and | ||||||
16 | administration of Illinois State University, to provide the | ||||||
17 | requisite buildings, apparatus, equipment and auxiliary | ||||||
18 | enterprises, and to fix and collect matriculation fees; | ||||||
19 | tuition fees; fees for student activities; fees for student | ||||||
20 | facilities such as student union buildings or field houses or | ||||||
21 | stadia or other recreational facilities; student welfare fees; | ||||||
22 | laboratory fees; and similar fees for supplies and materials. | ||||||
23 | The expense of the building, improving, repairing and | ||||||
24 | supplying fuel and furniture and the necessary appliances and | ||||||
25 | apparatus for conducting Illinois State University, the | ||||||
26 | reimbursed expenses of members of the Board, and the salaries |
| |||||||
| |||||||
1 | or compensation of the President, assistants, agents and other | ||||||
2 | employees of Illinois State University, shall be a charge upon | ||||||
3 | the State Treasury. All other expenses shall be chargeable | ||||||
4 | against students, and the Board shall regulate the charges | ||||||
5 | accordingly; | ||||||
6 | (6) To succeed to and to administer all trusts, trust | ||||||
7 | property, and gifts now or hereafter belonging or pertaining | ||||||
8 | to Illinois State University; | ||||||
9 | (7) To accept endowments of professorships or departments | ||||||
10 | in Illinois State University from any person who may proffer | ||||||
11 | them and, at regular meetings, to prescribe rules and | ||||||
12 | regulations in relation to endowments and declare on what | ||||||
13 | general principles they may be accepted; | ||||||
14 | (8) To enter into contracts with the Federal government | ||||||
15 | for providing courses of instruction and other services at | ||||||
16 | Illinois State University for persons serving in or with the | ||||||
17 | military or naval forces of the United States, and to provide | ||||||
18 | such courses of instruction and other services; | ||||||
19 | (9) To contract with respect to the Cooperative Computer | ||||||
20 | Center to obtain services related to electronic data | ||||||
21 | processing; | ||||||
22 | (10) To provide for the receipt and expenditures of | ||||||
23 | Federal funds paid to Illinois State University by the Federal | ||||||
24 | government for instruction and other services for persons | ||||||
25 | serving in or with the military or naval forces of the United | ||||||
26 | States, and to provide for audits of such funds; |
| |||||||
| |||||||
1 | (11) To appoint, subject to the applicable civil service | ||||||
2 | law, persons to be members of the Illinois State University | ||||||
3 | Police Department. Members of the Police Department shall be | ||||||
4 | conservators of the peace and as such have all powers | ||||||
5 | possessed by policemen in cities, and sheriffs, including the | ||||||
6 | power to make arrests on view or warrants of violations of | ||||||
7 | State statutes, University rules and regulations and city or | ||||||
8 | county ordinances, except that they may exercise such powers | ||||||
9 | only within counties wherein Illinois State University and any | ||||||
10 | of its branches or properties are located when such is | ||||||
11 | required for the protection of University properties and | ||||||
12 | interests, and its students and personnel, and otherwise, | ||||||
13 | within such counties, when requested by appropriate State or | ||||||
14 | local law enforcement officials. However, such officers shall | ||||||
15 | have no power to serve and execute civil processes. The chief | ||||||
16 | of police of the Police Department has the final decision on | ||||||
17 | all law enforcement decisions. The President and chancellors | ||||||
18 | of the University are prohibited from being involved in law | ||||||
19 | enforcement decisions. | ||||||
20 | The Board must authorize to each member of the Illinois | ||||||
21 | State University Police Department and to any other employee | ||||||
22 | of Illinois State University exercising the powers of a peace | ||||||
23 | officer a distinct badge that, on its face, (i) clearly states | ||||||
24 | that the badge is authorized by Illinois State University and | ||||||
25 | (ii) contains a unique identifying number. No other badge | ||||||
26 | shall be authorized by Illinois State University; |
| |||||||
| |||||||
1 | (12) The Board may, directly or in cooperation with other | ||||||
2 | institutions of higher education, acquire by purchase or lease | ||||||
3 | or otherwise, and construct, enlarge, improve, equip, | ||||||
4 | complete, operate, control and manage research and high | ||||||
5 | technology parks, together with the necessary lands, | ||||||
6 | buildings, facilities, equipment, and personal property | ||||||
7 | therefor, to encourage and facilitate (i) the location and | ||||||
8 | development of business and industry in the State of Illinois, | ||||||
9 | and (ii) the increased application and development of | ||||||
10 | technology, and (iii) the improvement and development of the | ||||||
11 | State's economy. The Board may lease to nonprofit corporations | ||||||
12 | all or any part of the land, buildings, facilities, equipment | ||||||
13 | or other property included in a research and high technology | ||||||
14 | park upon such terms and conditions as the Board may deem | ||||||
15 | advisable and enter into any contract or agreement with such | ||||||
16 | nonprofit corporations as may be necessary or suitable for the | ||||||
17 | construction, financing, operation and maintenance and | ||||||
18 | management of any such park; and may lease to any person, firm, | ||||||
19 | partnership or corporation, either public or private, any part | ||||||
20 | or all of the land, building, facilities, equipment or other | ||||||
21 | property of such park for such purposes and upon such rentals, | ||||||
22 | terms and conditions as the Board may deem advisable; and may | ||||||
23 | finance all or part of the cost of any such park, including the | ||||||
24 | purchase, lease, construction, reconstruction, improvement, | ||||||
25 | remodeling, addition to, and extension and maintenance of all | ||||||
26 | or part of such high technology park, and all equipment and |
| |||||||
| |||||||
1 | furnishings, by legislative appropriations, government grants, | ||||||
2 | contracts, private gifts, loans, receipts from the operation | ||||||
3 | of such high technology park, rentals and similar receipts; | ||||||
4 | and may make its other facilities and services available to | ||||||
5 | tenants or other occupants of any such park at rates which are | ||||||
6 | reasonable and appropriate; | ||||||
7 | (13) To assist in the provision of lands, buildings, and | ||||||
8 | facilities that are supportive of university purposes and | ||||||
9 | suitable and appropriate for the conduct and operation of the | ||||||
10 | university's education programs, the Board of Trustees of | ||||||
11 | Illinois State University may exercise the powers specified in | ||||||
12 | subparagraphs (a), (b), and (c) of this paragraph (13) with | ||||||
13 | regard to the following described property located near the | ||||||
14 | Normal, Illinois campus of Illinois State University: | ||||||
15 | Parcel 1: Approximately 300 acres that form a part of the | ||||||
16 | Illinois State University Farm in Section 20, Township 24 | ||||||
17 | North, Range 2 East of the Third Principal Meridian in | ||||||
18 | McLean County, Illinois. | ||||||
19 | Parcels 2 and 3: Lands located in the Northeast Quadrant | ||||||
20 | of the City of Normal in McLean County, Illinois, one such | ||||||
21 | parcel consisting of approximately 150 acres located north | ||||||
22 | and east of the old Illinois Soldiers and Sailors | ||||||
23 | Children's School campus, and another such parcel, located | ||||||
24 | in the Northeast Quadrant of the old Soldiers and Sailors | ||||||
25 | Children's School Campus, consisting of approximately | ||||||
26 | 1.03. |
| |||||||
| |||||||
1 | (a) The Board of Trustees may sell, lease, or | ||||||
2 | otherwise transfer and convey all or part of the above | ||||||
3 | described parcels of real estate, together with the | ||||||
4 | improvements situated thereon, to a bona fide purchaser | ||||||
5 | for value, without compliance with the State Property | ||||||
6 | Control Act and on such terms as the Board of Trustees | ||||||
7 | shall determine are in the best interests of Illinois | ||||||
8 | State University and consistent with its objects and | ||||||
9 | purposes. | ||||||
10 | (b) The Board of Trustees may retain the proceeds from | ||||||
11 | the sale, lease, or other transfer of all or any part of | ||||||
12 | the above described parcels of real estate in the | ||||||
13 | University treasury, in a special, separate development | ||||||
14 | fund account that the Auditor General shall examine to | ||||||
15 | assure the use or deposit of those proceeds in a manner | ||||||
16 | consistent with the provisions of subparagraph (c) of this | ||||||
17 | paragraph (13). | ||||||
18 | (c) Moneys from the development fund account may be | ||||||
19 | used by the Board of Trustees of Illinois State University | ||||||
20 | to acquire and develop other land to achieve the same | ||||||
21 | purposes for which the parcels of real estate described in | ||||||
22 | this item (13), all or a part of which have been sold, | ||||||
23 | leased, or otherwise transferred and conveyed, were used | ||||||
24 | and for the purpose of demolition and the processes | ||||||
25 | associated with demolition on the acquired land. Moneys | ||||||
26 | from the development fund account used for any other |
| |||||||
| |||||||
1 | purpose must be deposited into and appropriated from the | ||||||
2 | General Revenue Fund. Buildings or facilities leased to an | ||||||
3 | entity or person other than the University shall not be | ||||||
4 | subject to any limitations applicable to a State-supported | ||||||
5 | college or university under any law. All development on | ||||||
6 | the land and all the use of any buildings or facilities | ||||||
7 | shall be subject to the control and approval of the Board | ||||||
8 | of Trustees of Illinois State University; | ||||||
9 | (14) To borrow money, as necessary, from time to time in | ||||||
10 | anticipation of receiving tuition, payments from the State of | ||||||
11 | Illinois, or other revenues or receipts of the University, | ||||||
12 | also known as anticipated moneys. The borrowing limit shall be | ||||||
13 | capped at 100% of the total amount of payroll and other expense | ||||||
14 | vouchers submitted and payable to the University for fiscal | ||||||
15 | year 2010 expenses, but unpaid by the State Comptroller's | ||||||
16 | office. Prior to borrowing any funds, the University shall | ||||||
17 | request from the Comptroller's office a verification of the | ||||||
18 | borrowing limit and shall include the estimated date on which | ||||||
19 | such borrowing shall occur. The borrowing limit cap shall be | ||||||
20 | verified by the State Comptroller's office not prior to 45 | ||||||
21 | days before any estimated date for executing any promissory | ||||||
22 | note or line of credit established under this item (14). The | ||||||
23 | principal amount borrowed under a promissory note or line of | ||||||
24 | credit shall not exceed 75% of the borrowing limit. Within 15 | ||||||
25 | days after borrowing funds under any promissory note or line | ||||||
26 | of credit established under this item (14), the University |
| |||||||
| |||||||
1 | shall submit to the Governor's Office of Management and | ||||||
2 | Budget, the Speaker of the House of Representatives, the | ||||||
3 | Minority Leader of the House of Representatives, the President | ||||||
4 | of the Senate, and the Minority Leader of the Senate an | ||||||
5 | Emergency Short Term Cash Management Plan. The Emergency Short | ||||||
6 | Term Cash Management Plan shall outline the amount borrowed, | ||||||
7 | the terms for repayment, the amount of outstanding State | ||||||
8 | vouchers as verified by the State Comptroller's office, and | ||||||
9 | the University's plan for expenditure of any borrowed funds, | ||||||
10 | including, but not limited to, a detailed plan to meet payroll | ||||||
11 | obligations to include collective bargaining employees, civil | ||||||
12 | service employees, and academic, research, and health care | ||||||
13 | personnel. The establishment of any promissory note or line of | ||||||
14 | credit established under this item (14) must be finalized | ||||||
15 | within 90 days after the effective date of this amendatory Act | ||||||
16 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
17 | applied to the purposes of paying salaries and other expenses | ||||||
18 | lawfully authorized in the University's State appropriation | ||||||
19 | and unpaid by the State Comptroller. Any line of credit | ||||||
20 | established under this item (14) shall be paid in full one year | ||||||
21 | after creation or within 10 days after the date the University | ||||||
22 | receives reimbursement from the State for all submitted fiscal | ||||||
23 | year 2010 vouchers, whichever is earlier. Any promissory note | ||||||
24 | established under this item (14) shall be repaid within one | ||||||
25 | year after issuance of the note. The Chairman, Comptroller, or | ||||||
26 | Treasurer of the Board shall execute a promissory note or |
| |||||||
| |||||||
1 | similar debt instrument to evidence the indebtedness incurred | ||||||
2 | by the borrowing. In connection with a borrowing, the Board | ||||||
3 | may establish a line of credit with a financial institution, | ||||||
4 | investment bank, or broker/dealer. The obligation to make the | ||||||
5 | payments due under any promissory note or line of credit | ||||||
6 | established under this item (14) shall be a lawful obligation | ||||||
7 | of the University payable from the anticipated moneys. Any | ||||||
8 | borrowing under this item (14) shall not constitute a debt, | ||||||
9 | legal or moral, of the State and shall not be enforceable | ||||||
10 | against the State. The promissory note or line of credit shall | ||||||
11 | be authorized by a resolution passed by the Board and shall be | ||||||
12 | valid whether or not a budgeted item with respect to that | ||||||
13 | resolution is included in any annual or supplemental budget | ||||||
14 | adopted by the Board. The resolution shall set forth facts | ||||||
15 | demonstrating the need for the borrowing, state an amount that | ||||||
16 | the amount to be borrowed will not exceed, and establish a | ||||||
17 | maximum interest rate limit not to exceed the maximum rate | ||||||
18 | authorized by the Bond Authorization Act or 9%, whichever is | ||||||
19 | less. The resolution may direct the Comptroller or Treasurer | ||||||
20 | of the Board to make arrangements to set apart and hold the | ||||||
21 | portion of the anticipated moneys, as received, that shall be | ||||||
22 | used to repay the borrowing, subject to any prior pledges or | ||||||
23 | restrictions with respect to the anticipated moneys. The | ||||||
24 | resolution may also authorize the Treasurer of the Board to | ||||||
25 | make partial repayments of the borrowing as the anticipated | ||||||
26 | moneys become available and may contain any other terms, |
| |||||||
| |||||||
1 | restrictions, or limitations not inconsistent with the powers | ||||||
2 | of the Board. | ||||||
3 | For the purposes of this item (14), "financial | ||||||
4 | institution" means any bank subject to the Illinois Banking | ||||||
5 | Act, any savings and loan association subject to the Illinois | ||||||
6 | Savings and Loan Act of 1985, and any federally chartered | ||||||
7 | commercial bank or savings and loan association or | ||||||
8 | government-sponsored enterprise organized and operated in this | ||||||
9 | State pursuant to the laws of the United States. | ||||||
10 | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
| ||||||
11 | Section 35. The Northeastern Illinois University Law is | ||||||
12 | amended by changing Section 25-45 as follows:
| ||||||
13 | (110 ILCS 680/25-45) | ||||||
14 | Sec. 25-45. Powers and duties. The Board also shall have | ||||||
15 | power and it shall be its duty: | ||||||
16 | (1) To make rules, regulations and bylaws, not | ||||||
17 | inconsistent with law, for the government and management of | ||||||
18 | Northeastern Illinois University and its branches; | ||||||
19 | (2) To employ, and, for good cause, to remove a President | ||||||
20 | of Northeastern Illinois University, and all necessary deans, | ||||||
21 | professors, associate professors, assistant professors, | ||||||
22 | instructors, other educational and administrative assistants, | ||||||
23 | and all other necessary employees, and to prescribe their | ||||||
24 | duties and contract with them upon matters relating to tenure, |
| |||||||
| |||||||
1 | salaries and retirement benefits in accordance with the State | ||||||
2 | Universities Civil Service Act. Whenever the Board establishes | ||||||
3 | a search committee to fill the position of President of | ||||||
4 | Northeastern Illinois University, there shall be minority | ||||||
5 | representation, including women, on that search committee. The | ||||||
6 | Board shall, upon the written request of an employee of | ||||||
7 | Northeastern Illinois University, withhold from the | ||||||
8 | compensation of that employee any dues, payments or | ||||||
9 | contributions payable by such employee to any labor | ||||||
10 | organization as defined in the Illinois Educational Labor | ||||||
11 | Relations Act. Under such arrangement, an amount shall be | ||||||
12 | withheld from each regular payroll period which is equal to | ||||||
13 | the pro rata share of the annual dues plus any payments or | ||||||
14 | contributions, and the Board shall transmit such withholdings | ||||||
15 | to the specified labor organization within 10 working days | ||||||
16 | from the time of the withholding; | ||||||
17 | (3) To prescribe the courses of study to be followed, and | ||||||
18 | textbooks and apparatus to be used at Northeastern Illinois | ||||||
19 | University; | ||||||
20 | (4) To issue upon the recommendation of the faculty, | ||||||
21 | diplomas to such persons as have satisfactorily completed the | ||||||
22 | required studies of Northeastern Illinois University, and | ||||||
23 | confer such professional and literary degrees as are usually | ||||||
24 | conferred by other institutions of like character for similar | ||||||
25 | or equivalent courses of study, or such as the Board may deem | ||||||
26 | appropriate; |
| |||||||
| |||||||
1 | (5) To examine into the conditions, management, and | ||||||
2 | administration of Northeastern Illinois University, to provide | ||||||
3 | the requisite buildings, apparatus, equipment and auxiliary | ||||||
4 | enterprises, and to fix and collect matriculation fees; | ||||||
5 | tuition fees; fees for student activities; fees for student | ||||||
6 | facilities such as student union buildings or field houses or | ||||||
7 | stadia or other recreational facilities; student welfare fees; | ||||||
8 | laboratory fees; and similar fees for supplies and materials. | ||||||
9 | The expense of the building, improving, repairing and | ||||||
10 | supplying fuel and furniture and the necessary appliances and | ||||||
11 | apparatus for conducting Northeastern Illinois University, the | ||||||
12 | reimbursed expenses of members of the Board, and the salaries | ||||||
13 | or compensation of the President, assistants, agents and other | ||||||
14 | employees of Northeastern Illinois University, shall be a | ||||||
15 | charge upon the State Treasury. All other expenses shall be | ||||||
16 | chargeable against students, and the Board shall regulate the | ||||||
17 | charges accordingly; | ||||||
18 | (6) To succeed to and to administer all trusts, trust | ||||||
19 | property, and gifts now or hereafter belonging or pertaining | ||||||
20 | to Northeastern Illinois University; | ||||||
21 | (7) To accept endowments of professorships or departments | ||||||
22 | in Northeastern Illinois University from any person who may | ||||||
23 | proffer them and, at regular meetings, to prescribe rules and | ||||||
24 | regulations in relation to endowments and declare on what | ||||||
25 | general principles they may be accepted; | ||||||
26 | (8) To enter into contracts with the Federal government |
| |||||||
| |||||||
1 | for providing courses of instruction and other services at | ||||||
2 | Northeastern Illinois University for persons serving in or | ||||||
3 | with the military or naval forces of the United States, and to | ||||||
4 | provide such courses of instruction and other services; | ||||||
5 | (9) To contract with respect to the Cooperative Computer | ||||||
6 | Center to obtain services related to electronic data | ||||||
7 | processing; | ||||||
8 | (10) To provide for the receipt and expenditures of | ||||||
9 | Federal funds paid to Northeastern Illinois University by the | ||||||
10 | Federal government for instruction and other services for | ||||||
11 | persons serving in or with the military or naval forces of the | ||||||
12 | United States, and to provide for audits of such funds; | ||||||
13 | (11) To appoint, subject to the applicable civil service | ||||||
14 | law, persons to be members of the Northeastern Illinois | ||||||
15 | University Police Department. Members of the Police Department | ||||||
16 | shall be conservators of the peace and as such have all powers | ||||||
17 | possessed by policemen in cities, and sheriffs, including the | ||||||
18 | power to make arrests on view or warrants of violations of | ||||||
19 | State statutes, University rules and regulations and city or | ||||||
20 | county ordinances, except that they may exercise such powers | ||||||
21 | only within counties wherein Northeastern Illinois University | ||||||
22 | and any of its branches or properties are located when such is | ||||||
23 | required for the protection of University properties and | ||||||
24 | interests, and its students and personnel, and otherwise, | ||||||
25 | within such counties, when requested by appropriate State or | ||||||
26 | local law enforcement officials. However, such officers shall |
| |||||||
| |||||||
1 | have no power to serve and execute civil processes. The chief | ||||||
2 | of police of the Police Department has the final decision on | ||||||
3 | all law enforcement decisions. The President and chancellors | ||||||
4 | of the University are prohibited from being involved in law | ||||||
5 | enforcement decisions. | ||||||
6 | The Board must authorize to each member of the | ||||||
7 | Northeastern Illinois University Police Department and to any | ||||||
8 | other employee of Northeastern Illinois University exercising | ||||||
9 | the powers of a peace officer a distinct badge that, on its | ||||||
10 | face, (i) clearly states that the badge is authorized by | ||||||
11 | Northeastern Illinois University and (ii) contains a unique | ||||||
12 | identifying number. No other badge shall be authorized by | ||||||
13 | Northeastern Illinois University; | ||||||
14 | (12) The Board may, directly or in cooperation with other | ||||||
15 | institutions of higher education, acquire by purchase or lease | ||||||
16 | or otherwise, and construct, enlarge, improve, equip, | ||||||
17 | complete, operate, control and manage research and high | ||||||
18 | technology parks, together with the necessary lands, | ||||||
19 | buildings, facilities, equipment, and personal property | ||||||
20 | therefor, to encourage and facilitate (i) the location and | ||||||
21 | development of business and industry in the State of Illinois, | ||||||
22 | and (ii) the increased application and development of | ||||||
23 | technology, and (iii) the improvement and development of the | ||||||
24 | State's economy. The Board may lease to nonprofit corporations | ||||||
25 | all or any part of the land, buildings, facilities, equipment | ||||||
26 | or other property included in a research and high technology |
| |||||||
| |||||||
1 | park upon such terms and conditions as the Board may deem | ||||||
2 | advisable and enter into any contract or agreement with such | ||||||
3 | nonprofit corporations as may be necessary or suitable for the | ||||||
4 | construction, financing, operation and maintenance and | ||||||
5 | management of any such park; and may lease to any person, firm, | ||||||
6 | partnership or corporation, either public or private, any part | ||||||
7 | or all of the land, building, facilities, equipment or other | ||||||
8 | property of such park for such purposes and upon such rentals, | ||||||
9 | terms and conditions as the Board may deem advisable; and may | ||||||
10 | finance all or part of the cost of any such park, including the | ||||||
11 | purchase, lease, construction, reconstruction, improvement, | ||||||
12 | remodeling, addition to, and extension and maintenance of all | ||||||
13 | or part of such high technology park, and all equipment and | ||||||
14 | furnishings, by legislative appropriations, government grants, | ||||||
15 | contracts, private gifts, loans, receipts from the operation | ||||||
16 | of such high technology park, rentals and similar receipts; | ||||||
17 | and may make its other facilities and services available to | ||||||
18 | tenants or other occupants of any such park at rates which are | ||||||
19 | reasonable and appropriate; | ||||||
20 | (13) To borrow money, as necessary, from time to time in | ||||||
21 | anticipation of receiving tuition, payments from the State of | ||||||
22 | Illinois, or other revenues or receipts of the University, | ||||||
23 | also known as anticipated moneys. The borrowing limit shall be | ||||||
24 | capped at 100% of the total amount of payroll and other expense | ||||||
25 | vouchers submitted and payable to the University for fiscal | ||||||
26 | year 2010 expenses, but unpaid by the State Comptroller's |
| |||||||
| |||||||
1 | office. Prior to borrowing any funds, the University shall | ||||||
2 | request from the Comptroller's office a verification of the | ||||||
3 | borrowing limit and shall include the estimated date on which | ||||||
4 | such borrowing shall occur. The borrowing limit cap shall be | ||||||
5 | verified by the State Comptroller's office not prior to 45 | ||||||
6 | days before any estimated date for executing any promissory | ||||||
7 | note or line of credit established under this item (13). The | ||||||
8 | principal amount borrowed under a promissory note or line of | ||||||
9 | credit shall not exceed 75% of the borrowing limit. Within 15 | ||||||
10 | days after borrowing funds under any promissory note or line | ||||||
11 | of credit established under this item (13), the University | ||||||
12 | shall submit to the Governor's Office of Management and | ||||||
13 | Budget, the Speaker of the House of Representatives, the | ||||||
14 | Minority Leader of the House of Representatives, the President | ||||||
15 | of the Senate, and the Minority Leader of the Senate an | ||||||
16 | Emergency Short Term Cash Management Plan. The Emergency Short | ||||||
17 | Term Cash Management Plan shall outline the amount borrowed, | ||||||
18 | the terms for repayment, the amount of outstanding State | ||||||
19 | vouchers as verified by the State Comptroller's office, and | ||||||
20 | the University's plan for expenditure of any borrowed funds, | ||||||
21 | including, but not limited to, a detailed plan to meet payroll | ||||||
22 | obligations to include collective bargaining employees, civil | ||||||
23 | service employees, and academic, research, and health care | ||||||
24 | personnel. The establishment of any promissory note or line of | ||||||
25 | credit established under this item (13) must be finalized | ||||||
26 | within 90 days after the effective date of this amendatory Act |
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| |||||||
1 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
2 | applied to the purposes of paying salaries and other expenses | ||||||
3 | lawfully authorized in the University's State appropriation | ||||||
4 | and unpaid by the State Comptroller. Any line of credit | ||||||
5 | established under this item (13) shall be paid in full one year | ||||||
6 | after creation or within 10 days after the date the University | ||||||
7 | receives reimbursement from the State for all submitted fiscal | ||||||
8 | year 2010 vouchers, whichever is earlier. Any promissory note | ||||||
9 | established under this item (13) shall be repaid within one | ||||||
10 | year after issuance of the note. The Chairman, Comptroller, or | ||||||
11 | Treasurer of the Board shall execute a promissory note or | ||||||
12 | similar debt instrument to evidence the indebtedness incurred | ||||||
13 | by the borrowing. In connection with a borrowing, the Board | ||||||
14 | may establish a line of credit with a financial institution, | ||||||
15 | investment bank, or broker/dealer. The obligation to make the | ||||||
16 | payments due under any promissory note or line of credit | ||||||
17 | established under this item (13) shall be a lawful obligation | ||||||
18 | of the University payable from the anticipated moneys. Any | ||||||
19 | borrowing under this item (13) shall not constitute a debt, | ||||||
20 | legal or moral, of the State and shall not be enforceable | ||||||
21 | against the State. The promissory note or line of credit shall | ||||||
22 | be authorized by a resolution passed by the Board and shall be | ||||||
23 | valid whether or not a budgeted item with respect to that | ||||||
24 | resolution is included in any annual or supplemental budget | ||||||
25 | adopted by the Board. The resolution shall set forth facts | ||||||
26 | demonstrating the need for the borrowing, state an amount that |
| |||||||
| |||||||
1 | the amount to be borrowed will not exceed, and establish a | ||||||
2 | maximum interest rate limit not to exceed the maximum rate | ||||||
3 | authorized by the Bond Authorization Act or 9%, whichever is | ||||||
4 | less. The resolution may direct the Comptroller or Treasurer | ||||||
5 | of the Board to make arrangements to set apart and hold the | ||||||
6 | portion of the anticipated moneys, as received, that shall be | ||||||
7 | used to repay the borrowing, subject to any prior pledges or | ||||||
8 | restrictions with respect to the anticipated moneys. The | ||||||
9 | resolution may also authorize the Treasurer of the Board to | ||||||
10 | make partial repayments of the borrowing as the anticipated | ||||||
11 | moneys become available and may contain any other terms, | ||||||
12 | restrictions, or limitations not inconsistent with the powers | ||||||
13 | of the Board. | ||||||
14 | For the purposes of this item (13), "financial | ||||||
15 | institution" means any bank subject to the Illinois Banking | ||||||
16 | Act, any savings and loan association subject to the Illinois | ||||||
17 | Savings and Loan Act of 1985, and any federally chartered | ||||||
18 | commercial bank or savings and loan association or | ||||||
19 | government-sponsored enterprise organized and operated in this | ||||||
20 | State pursuant to the laws of the United States. | ||||||
21 | (Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
| ||||||
22 | Section 40. The Northern Illinois University Law is | ||||||
23 | amended by changing Section 30-45 as follows:
| ||||||
24 | (110 ILCS 685/30-45) |
| |||||||
| |||||||
1 | Sec. 30-45. Powers and duties. The Board also shall have | ||||||
2 | power and it shall be its duty: | ||||||
3 | (1) To make rules, regulations and bylaws, not | ||||||
4 | inconsistent with law, for the government and management of | ||||||
5 | Northern Illinois University and its branches. | ||||||
6 | (2) To employ, and, for good cause, to remove a President | ||||||
7 | of Northern Illinois University, and all necessary deans, | ||||||
8 | professors, associate professors, assistant professors, | ||||||
9 | instructors, other educational and administrative assistants, | ||||||
10 | and all other necessary employees, and to prescribe their | ||||||
11 | duties and contract with them upon matters relating to tenure, | ||||||
12 | salaries and retirement benefits in accordance with the State | ||||||
13 | Universities Civil Service Act. Whenever the Board establishes | ||||||
14 | a search committee to fill the position of President of | ||||||
15 | Northern Illinois University, there shall be minority | ||||||
16 | representation, including women, on that search committee. The | ||||||
17 | Board shall, upon the written request of an employee of | ||||||
18 | Northern Illinois University, withhold from the compensation | ||||||
19 | of that employee any dues, payments or contributions payable | ||||||
20 | by such employee to any labor organization as defined in the | ||||||
21 | Illinois Educational Labor Relations Act. Under such | ||||||
22 | arrangement, an amount shall be withheld from each regular | ||||||
23 | payroll period which is equal to the pro rata share of the | ||||||
24 | annual dues plus any payments or contributions, and the Board | ||||||
25 | shall transmit such withholdings to the specified labor | ||||||
26 | organization within 10 working days from the time of the |
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| |||||||
1 | withholding. | ||||||
2 | (3) To prescribe the courses of study to be followed, and | ||||||
3 | textbooks and apparatus to be used at Northern Illinois | ||||||
4 | University. | ||||||
5 | (4) To issue upon the recommendation of the faculty, | ||||||
6 | diplomas to such persons as have satisfactorily completed the | ||||||
7 | required studies of Northern Illinois University, and confer | ||||||
8 | such professional and literary degrees as are usually | ||||||
9 | conferred by other institutions of like character for similar | ||||||
10 | or equivalent courses of study, or such as the Board may deem | ||||||
11 | appropriate. | ||||||
12 | (5) To examine into the conditions, management, and | ||||||
13 | administration of Northern Illinois University, to provide the | ||||||
14 | requisite buildings, apparatus, equipment and auxiliary | ||||||
15 | enterprises, and to fix and collect matriculation fees; | ||||||
16 | tuition fees; fees for student activities; fees for student | ||||||
17 | facilities such as student union buildings or field houses or | ||||||
18 | stadia or other recreational facilities; student welfare fees; | ||||||
19 | laboratory fees; and similar fees for supplies and materials. | ||||||
20 | The expense of the building, improving, repairing and | ||||||
21 | supplying fuel and furniture and the necessary appliances and | ||||||
22 | apparatus for conducting Northern Illinois University, the | ||||||
23 | reimbursed expenses of members of the Board, and the salaries | ||||||
24 | or compensation of the President, assistants, agents and other | ||||||
25 | employees of Northern Illinois University, shall be a charge | ||||||
26 | upon the State Treasury. All other expenses shall be |
| |||||||
| |||||||
1 | chargeable against students, and the Board shall regulate the | ||||||
2 | charges accordingly. | ||||||
3 | (6) To succeed to and to administer all trusts, trust | ||||||
4 | property, and gifts now or hereafter belonging or pertaining | ||||||
5 | to Northern Illinois University. | ||||||
6 | (7) To accept endowments of professorships or departments | ||||||
7 | in Northern Illinois University from any person who may | ||||||
8 | proffer them and, at regular meetings, to prescribe rules and | ||||||
9 | regulations in relation to endowments and declare on what | ||||||
10 | general principles they may be accepted. | ||||||
11 | (8) To enter into contracts with the Federal government | ||||||
12 | for providing courses of instruction and other services at | ||||||
13 | Northern Illinois University for persons serving in or with | ||||||
14 | the military or naval forces of the United States, and to | ||||||
15 | provide such courses of instruction and other services. | ||||||
16 | (9) To contract with respect to the Cooperative Computer | ||||||
17 | Center to obtain services related to electronic data | ||||||
18 | processing. | ||||||
19 | (10) To provide for the receipt and expenditures of | ||||||
20 | Federal funds paid to Northern Illinois University by the | ||||||
21 | Federal government for instruction and other services for | ||||||
22 | persons serving in or with the military or naval forces of the | ||||||
23 | United States, and to provide for audits of such funds. | ||||||
24 | (11) To appoint, subject to the applicable civil service | ||||||
25 | law, persons to be members of the Northern Illinois University | ||||||
26 | Police Department. Members of the Police Department shall be |
| |||||||
| |||||||
1 | conservators of the peace and as such have all powers | ||||||
2 | possessed by policemen in cities, and sheriffs, including the | ||||||
3 | power to make arrests on view or warrants of violations of | ||||||
4 | State statutes, University rules and regulations and city or | ||||||
5 | county ordinances, except that they may exercise such powers | ||||||
6 | only within counties wherein Northern Illinois University and | ||||||
7 | any of its branches or properties are located when such is | ||||||
8 | required for the protection of University properties and | ||||||
9 | interests, and its students and personnel, and otherwise, | ||||||
10 | within such counties, when requested by appropriate State or | ||||||
11 | local law enforcement officials. However, such officers shall | ||||||
12 | have no power to serve and execute civil processes. The chief | ||||||
13 | of police of the Police Department has the final decision on | ||||||
14 | all law enforcement decisions. The President and chancellors | ||||||
15 | of the University are prohibited from being involved in law | ||||||
16 | enforcement decisions. | ||||||
17 | The Board must authorize to each member of the Northern | ||||||
18 | Illinois University Police Department and to any other | ||||||
19 | employee of Northern Illinois University exercising the powers | ||||||
20 | of a peace officer a distinct badge that, on its face, (i) | ||||||
21 | clearly states that the badge is authorized by Northern | ||||||
22 | Illinois University and (ii) contains a unique identifying | ||||||
23 | number. No other badge shall be authorized by Northern | ||||||
24 | Illinois University. | ||||||
25 | (12) The Board may, directly or in cooperation with other | ||||||
26 | institutions of higher education, acquire by purchase or lease |
| |||||||
| |||||||
1 | or otherwise, and construct, enlarge, improve, equip, | ||||||
2 | complete, operate, control and manage research and high | ||||||
3 | technology parks, together with the necessary lands, | ||||||
4 | buildings, facilities, equipment, and personal property | ||||||
5 | therefor, to encourage and facilitate (i) the location and | ||||||
6 | development of business and industry in the State of Illinois, | ||||||
7 | and (ii) the increased application and development of | ||||||
8 | technology, and (iii) the improvement and development of the | ||||||
9 | State's economy. The Board may lease to nonprofit corporations | ||||||
10 | all or any part of the land, buildings, facilities, equipment | ||||||
11 | or other property included in a research and high technology | ||||||
12 | park upon such terms and conditions as the Board may deem | ||||||
13 | advisable and enter into any contract or agreement with such | ||||||
14 | nonprofit corporations as may be necessary or suitable for the | ||||||
15 | construction, financing, operation and maintenance and | ||||||
16 | management of any such park; and may lease to any person, firm, | ||||||
17 | partnership or corporation, either public or private, any part | ||||||
18 | or all of the land, building, facilities, equipment or other | ||||||
19 | property of such park for such purposes and upon such rentals, | ||||||
20 | terms and conditions as the Board may deem advisable; and may | ||||||
21 | finance all or part of the cost of any such park, including the | ||||||
22 | purchase, lease, construction, reconstruction, improvement, | ||||||
23 | remodeling, addition to, and extension and maintenance of all | ||||||
24 | or part of such high technology park, and all equipment and | ||||||
25 | furnishings, by legislative appropriations, government grants, | ||||||
26 | contracts, private gifts, loans, receipts from the operation |
| |||||||
| |||||||
1 | of such high technology park, rentals and similar receipts; | ||||||
2 | and may make its other facilities and services available to | ||||||
3 | tenants or other occupants of any such park at rates which are | ||||||
4 | reasonable and appropriate. | ||||||
5 | (13) To assist in the provision of buildings and | ||||||
6 | facilities beneficial to, useful for, or supportive of | ||||||
7 | university purposes, the Board of Trustees of Northern | ||||||
8 | Illinois University may exercise the following powers with | ||||||
9 | regard to the areas bounded as follows: | ||||||
10 | Parcel 1: | ||||||
11 | In Township 40 North, Range 4 East, of the Third Prime | ||||||
12 | Meridian, County of DeKalb, State of Illinois: The East | ||||||
13 | half of the Southeast Quarter of Section 17, the Southwest | ||||||
14 | Quarter of Section 16, and the Northwest Quarter of | ||||||
15 | Section 21, all in the County of DeKalb, Illinois. | ||||||
16 | Parcel 2: | ||||||
17 | In Township 40 North, Range 4 East, of the Third Prime | ||||||
18 | Meridian, County of DeKalb, State of Illinois: On the | ||||||
19 | North, by a line beginning at the Northwest corner of the | ||||||
20 | Southeast Quarter of Section 15; thence East 1,903.3 feet; | ||||||
21 | thence South to the North line of the Southeast Quarter of | ||||||
22 | the Southeast Quarter of Section 15; thence East along | ||||||
23 | said line to North First Street; on the West by Garden Road | ||||||
24 | between Lucinda Avenue and the North boundary; thence on | ||||||
25 | the South by Lucinda Avenue between Garden Road and the | ||||||
26 | intersection of Lucinda Avenue and the South Branch of the |
| |||||||
| |||||||
1 | Kishwaukee River, and by the South Branch of the | ||||||
2 | Kishwaukee River between such intersection and easterly to | ||||||
3 | the intersection of such river and North First Street; | ||||||
4 | thence on the East by North First Street. | ||||||
5 | Parcel 3: | ||||||
6 | That Part of Lot 4 in the Sears Business Park Subdivison, | ||||||
7 | being a subdivison of part of the East 1/2 of Section 31, | ||||||
8 | and that part of Section 32, and that part of the West 1/2 | ||||||
9 | of Section 33, all in Township 42 North, Range 9, East of | ||||||
10 | the Third Principal Meridian and also that part of | ||||||
11 | fractional section 3, and fractional section 4, both in | ||||||
12 | Township 41 North, Range 9, East of the Third Principal | ||||||
13 | Meridian according to the plat thereof recorded March 7, | ||||||
14 | 1991 as Document no. 91103116, in Cook County, Illinois, | ||||||
15 | More particularly described as follows: Commencing at the | ||||||
16 | Northwest corner of the northwest 1/4 of the southwest 1/4 | ||||||
17 | of said section 32; thence south 89 ° 40' 15" East along | ||||||
18 | the North line of the Northwest 1/4 of the Southwest 1/4 of | ||||||
19 | said section 32, a distance of 164.57 feet to a point | ||||||
20 | thence South 0° 19' 45" West, a distance of 326.21 feet to | ||||||
21 | the Southerly right-of-way line boulevard "A" being also | ||||||
22 | point of beginning : Thence South 76°44'08" East, a | ||||||
23 | distance of 84.61 feet to a point of curvature: thence | ||||||
24 | southeasterly 267.01 feet along the arc of a circle, | ||||||
25 | convex to the southeast, having a radius of 3,550.00 feet | ||||||
26 | and whose chord of 266.95 feet bears South 78° 53'07" East |
| |||||||
| |||||||
1 | to a point; thence South 32°22'21" East, a distance of | ||||||
2 | 374.66 feet to a point; thence South 73°35'18" west, a | ||||||
3 | distance of 89.48 feet to a point; thence North 74°09'49" | ||||||
4 | west, a distance of 97.37 feet to a point; thence South | ||||||
5 | 74°56'20" West, a distance of 103.60 feet to a point; | ||||||
6 | thence South 57°44'26" West, a distance of 150.18 feet to | ||||||
7 | a point; thence North 32°22'20" West, a distance of 346.61 | ||||||
8 | feet; thence North 13°15'53" East, a distance of 205.84 | ||||||
9 | feet to the point of beginning; Containing 169,817.1 sq. | ||||||
10 | ft. or 3.8985 acres, more or less, all in Cook County, | ||||||
11 | Illinois. | ||||||
12 | Parcel 4: | ||||||
13 | Part of Section Twenty-four (24), Township Forty-four (44) | ||||||
14 | North, Range Two (2) East of the Third (3rd) Principal | ||||||
15 | Meridian, bounded and described as follows, to-wit: | ||||||
16 | Commencing at the Northwest corner of the East Half of the | ||||||
17 | Northwest Quarter of said Section; thence South | ||||||
18 | 00°-34'-13" West, along the West line of the East Half of | ||||||
19 | the Northwest Quarter of said Section, 2,646.48 feet to | ||||||
20 | its intersection with the Southwest corner of the East | ||||||
21 | Half of the Northwest Quarter of said Section; thence | ||||||
22 | South 00°-32'-41" West, along the West line of the East | ||||||
23 | Half of the Southwest Quarter of said Section, 1,141.57 | ||||||
24 | feet to its intersection with the North Right-of-Way line | ||||||
25 | for U.S. Route 20 as now laid out and used; thence North | ||||||
26 | 80°-25'-35" East, along said North Right-of-Way line, |
| |||||||
| |||||||
1 | 1,303.19 feet; thence North 74°-42'-57" East, along said | ||||||
2 | North Right-of-Way line, (100.50 feet; thence North | ||||||
3 | 80°-25'-35" East, along said North Right-of-Way line.) | ||||||
4 | 116.08 feet to the point of beginning for the following | ||||||
5 | described parcel; thence North 09°-34'- 25" West, 533.87 | ||||||
6 | feet; thence Northeasterly, along a circular curve to the | ||||||
7 | left having a radius of 1,530.00 feet and whose center | ||||||
8 | lies to the North, an arc distance of 372.12 feet(the | ||||||
9 | chord across the last described circular curve course | ||||||
10 | bears North 76°-09'-26" East, 371.21 feet); thence | ||||||
11 | Northeasterly, along a circular curve to the right having | ||||||
12 | a radius of 1,470.00 feet and whose center lies to the | ||||||
13 | South, an arc distance of 227.59 feet (the chord across | ||||||
14 | the last described circular curve course bears North | ||||||
15 | 73°-37'-29" East, 227.36 feet); thence Northeasterly, | ||||||
16 | along a circular curve to the left having a radius of | ||||||
17 | 530.00 feet and whose center lies to the North, an arc | ||||||
18 | distance of 156.42 feet (the chord across the last | ||||||
19 | described circular curve course bears North 69°-36'-19" | ||||||
20 | East, 155.85 feet); thence South 11°-49'-08" East, 643.18 | ||||||
21 | feet to its intersection with said North Right-of-Way line | ||||||
22 | for U.S. Route 20; thence South 80°-25'-35" West, along | ||||||
23 | said North Right-of-Way line, 190.29 feet; thence North | ||||||
24 | 85°-32'-15" West, along said North Right-of-Way line, | ||||||
25 | 103.08 feet; thence South 80°-25'-35" West, along said | ||||||
26 | North Right-of-Way line, 483.92 feet to the point of |
| |||||||
| |||||||
1 | beginning. Subject to the rights of the public and the | ||||||
2 | State of Illinois in and to those portions thereof taken, | ||||||
3 | used or dedicated for public road purposes. Situated in | ||||||
4 | the City of Rockford, the County of Winnebago and the | ||||||
5 | State of Illinois. | ||||||
6 | Parcel 5: | ||||||
7 | Lot 1 in Washington Commons Assessment Plat of Part of the | ||||||
8 | South 1/2 of Section 6, Township 38 North, Range 10, East | ||||||
9 | of the Third Principal, Meridian, according to the plat | ||||||
10 | thereof recorded October 21, 1996 as Document R96-172065, | ||||||
11 | in DuPage County, Illinois. | ||||||
12 | Parcel 6: | ||||||
13 | That part of Lots A and B of the C. M. Cheatham | ||||||
14 | subdivision, a Resubdivision of part of assessor's Lot 58 | ||||||
15 | in Section 12, Township 40 North, Range 4, East of the | ||||||
16 | Third Principal Meridian, DeKalb County, Illinois, | ||||||
17 | described as follows: Commencing at the Southeast corner | ||||||
18 | of said Lot "A" (said corner being a point on the | ||||||
19 | Southeasterly line of said subdivision, said line being | ||||||
20 | labeled on the plat of said subdivision, the centerline of | ||||||
21 | Sycamore Road before relocation); Thence Northwesterly | ||||||
22 | along the South line of said Lot "A" 293.0 feet for a point | ||||||
23 | of beginning; thence Northwesterly along said south line, | ||||||
24 | 253.54 feet to a point 60.36 feet Southeasterly of, as | ||||||
25 | measured along said South line, the most northerly corner | ||||||
26 | of said Lot "B"; thence westerly 53.38 feet to a point on |
| |||||||
| |||||||
1 | the west line of said Lot "B" that is 17.71 feet Southerly | ||||||
2 | of, as measured along said west line, the most Northerly | ||||||
3 | corner of said Lot B; thence Northeasterly along said west | ||||||
4 | line, 17.71 feet to the Southwest corner of said Lot "A"; | ||||||
5 | thence Northeasterly along the west line of said Lot "A", | ||||||
6 | 151.2 feet to the Northwest corner of said Lot "A"; thence | ||||||
7 | Southeasterly along the north line of said Lot "A", 414.9 | ||||||
8 | feet to an angle point in said North line; thence | ||||||
9 | Southeasterly along said North line, 299.3 feet to said | ||||||
10 | Southeasterly line of said subdivision; thence | ||||||
11 | Southwesterly along said Southeasterly line, 15.4 feet; | ||||||
12 | thence Northwesterly parallel with said North line, 290.0 | ||||||
13 | feet; thence Southwesterly, 252.85 feet to the point of | ||||||
14 | beginning. | ||||||
15 | Parcel 7: | ||||||
16 | Lot 10 and the East Half of Lot 9 in Woodlawn Acres, a | ||||||
17 | subdivision of a part of the Southeast Quarter of Section | ||||||
18 | 14,Township 40 North, Range 4 East of the Third Principal | ||||||
19 | Meridian, according to the plat thereof recorded June | ||||||
20 | 28th, 1948, as Document No. 213915, in Plat Book "G", Page | ||||||
21 | 140, in DeKalb County, Illinois. | ||||||
22 | Parcel 8: | ||||||
23 | That part of the vacated public alley which lies | ||||||
24 | Northeasterly of the Southwesterly line of Lot 11 of said | ||||||
25 | Woodlawn Acres extended Northwesterly to the Southeasterly | ||||||
26 | line of Lot 9. |
| |||||||
| |||||||
1 | Parcel 9: | ||||||
2 | Lot 11 in Woodlawn Acres, a subdivision of a part of the | ||||||
3 | Southeast Quarter of Section 14, Township 40 North, Range | ||||||
4 | 4 East of the Third Principal Meridian, according to the | ||||||
5 | plat thereof recorded June 28th, 1948, as Document No. | ||||||
6 | 213915, in Plat Book "G", Page 140, in DeKalb County, | ||||||
7 | Illinois. | ||||||
8 | Parcel 10: | ||||||
9 | That Part Of Lot 1002 Of The Anaconda Wire And Cable | ||||||
10 | Company Resubdivision Of part of Sections 29 And 32, | ||||||
11 | Township 41 North, Range 5, East of the Third Principal | ||||||
12 | Meridian, DeKalb County, Illinois, Described as follows: | ||||||
13 | Commencing at the Southeast Corner of said Lot 1002; | ||||||
14 | Thence Northerly along the Easterly Line of said Lot, | ||||||
15 | 728.49 Feet for a point of beginning; Thence continuing | ||||||
16 | Northerly along said Easterly Line, 180.00 Feet; Thence | ||||||
17 | Westerly at an angle of 93 Degrees 24 Minutes 33 Seconds | ||||||
18 | measured clockwise from said West line, 1,596.83 Feet to a | ||||||
19 | point on the West line of said Section 29 that is 863.41 | ||||||
20 | Feet Northerly of, as measured along said West Line, the | ||||||
21 | Southwest Corner of said Section 29; Thence Southerly at | ||||||
22 | an angle Of 79 Degrees 54 Minutes 40 Seconds measured | ||||||
23 | clockwise from the last described course along said West | ||||||
24 | line, 365.65 Feet; Thence Southeasterly at an angle of 100 | ||||||
25 | Degrees 05 Minutes 20 Seconds measured clockwise from said | ||||||
26 | West line, 1,080.00 Feet; Thence Northeasterly at Right |
| |||||||
| |||||||
1 | Angles to the last described course, 150.00 Feet; Thence | ||||||
2 | Southeasterly at an angle of 93 Degrees 44 Minutes 48 | ||||||
3 | Seconds measured counterclockwise from the last described | ||||||
4 | course, 463.97 Feet to the point of beginning, all in | ||||||
5 | Sycamore Township, DeKalb County, Illinois. | ||||||
6 | (a) Acquire any interests in land, buildings, or | ||||||
7 | facilities by purchase, including installments payable | ||||||
8 | over a period allowed by law, by lease over a term of such | ||||||
9 | duration as the Board of Trustees shall determine, or by | ||||||
10 | exercise of the power of eminent domain; | ||||||
11 | (b) Sublease or contract to purchase through | ||||||
12 | installments all or any portion of buildings or facilities | ||||||
13 | for such duration and on such terms as the Board of | ||||||
14 | Trustees shall determine, including a term that exceeds 5 | ||||||
15 | years, provided that each such lease or purchase contract | ||||||
16 | shall be and shall recite that it is subject to | ||||||
17 | termination and cancellation in any year for which the | ||||||
18 | General Assembly fails to make an appropriation to pay the | ||||||
19 | rent or purchase installments payable under the terms of | ||||||
20 | such lease or purchase contracts; and | ||||||
21 | (c) Sell property without compliance with the State | ||||||
22 | Property Control Act and retain proceeds in the University | ||||||
23 | treasury in a special, separate development fund account | ||||||
24 | which the Auditor General shall examine to assure | ||||||
25 | compliance with this Act. | ||||||
26 | Any buildings or facilities to be developed on the land |
| |||||||
| |||||||
1 | shall be buildings or facilities that, in the determination of | ||||||
2 | the Board of Trustees, in whole or in part: (i) are for use by | ||||||
3 | the University; or (ii) otherwise advance the interests of the | ||||||
4 | University, including, by way of example, residential, | ||||||
5 | recreational, educational, and athletic facilities for | ||||||
6 | University staff and students and commercial facilities which | ||||||
7 | provide services needed by the University community. Revenues | ||||||
8 | from the development fund account may be withdrawn by the | ||||||
9 | University for the purpose of demolition and the processes | ||||||
10 | associated with demolition; repairs to existing campus | ||||||
11 | facilities and infrastructure, and professional services | ||||||
12 | associated with planning and design. Moneys from the | ||||||
13 | development fund account used for any other purpose must be | ||||||
14 | deposited into and appropriated from the General Revenue Fund. | ||||||
15 | Buildings or facilities leased to an entity or person other | ||||||
16 | than the University shall not be subject to any limitations | ||||||
17 | applicable to a State-supported college or university under | ||||||
18 | any law. All development on the land and all the use of any | ||||||
19 | buildings or facilities shall be subject to the control and | ||||||
20 | approval of the Board of Trustees of Northern Illinois | ||||||
21 | University. | ||||||
22 | (14) To borrow money, as necessary, from time to time in | ||||||
23 | anticipation of receiving tuition, payments from the State of | ||||||
24 | Illinois, or other revenues or receipts of the University, | ||||||
25 | also known as anticipated moneys. The borrowing limit shall be | ||||||
26 | capped at 100% of the total amount of payroll and other expense |
| |||||||
| |||||||
1 | vouchers submitted and payable to the University for fiscal | ||||||
2 | year 2010 expenses, but unpaid by the State Comptroller's | ||||||
3 | office. Prior to borrowing any funds, the University shall | ||||||
4 | request from the Comptroller's office a verification of the | ||||||
5 | borrowing limit and shall include the estimated date on which | ||||||
6 | such borrowing shall occur. The borrowing limit cap shall be | ||||||
7 | verified by the State Comptroller's office not prior to 45 | ||||||
8 | days before any estimated date for executing any promissory | ||||||
9 | note or line of credit established under this item (14). The | ||||||
10 | principal amount borrowed under a promissory note or line of | ||||||
11 | credit shall not exceed 75% of the borrowing limit. Within 15 | ||||||
12 | days after borrowing funds under any promissory note or line | ||||||
13 | of credit established under this item (14), the University | ||||||
14 | shall submit to the Governor's Office of Management and | ||||||
15 | Budget, the Speaker of the House of Representatives, the | ||||||
16 | Minority Leader of the House of Representatives, the President | ||||||
17 | of the Senate, and the Minority Leader of the Senate an | ||||||
18 | Emergency Short Term Cash Management Plan. The Emergency Short | ||||||
19 | Term Cash Management Plan shall outline the amount borrowed, | ||||||
20 | the terms for repayment, the amount of outstanding State | ||||||
21 | vouchers as verified by the State Comptroller's office, and | ||||||
22 | the University's plan for expenditure of any borrowed funds, | ||||||
23 | including, but not limited to, a detailed plan to meet payroll | ||||||
24 | obligations for all collective bargaining employees, civil | ||||||
25 | service employees, and academic, research, and health care | ||||||
26 | personnel. The establishment of any promissory note or line of |
| |||||||
| |||||||
1 | credit established under this item (14) must be finalized | ||||||
2 | within 90 days after the effective date of this amendatory Act | ||||||
3 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
4 | applied to the purposes of paying salaries and other expenses | ||||||
5 | lawfully authorized in the University's State appropriation | ||||||
6 | and unpaid by the State Comptroller. Any line of credit | ||||||
7 | established under this item (14) shall be paid in full one year | ||||||
8 | after creation or within 10 days after the date the University | ||||||
9 | receives reimbursement from the State for all submitted fiscal | ||||||
10 | year 2010 vouchers, whichever is earlier. Any promissory note | ||||||
11 | established under this item (14) shall be repaid within one | ||||||
12 | year after issuance of the note. The Chairman, Comptroller, or | ||||||
13 | Treasurer of the Board shall execute a promissory note or | ||||||
14 | similar debt instrument to evidence the indebtedness incurred | ||||||
15 | by the borrowing. In connection with a borrowing, the Board | ||||||
16 | may establish a line of credit with a financial institution, | ||||||
17 | investment bank, or broker/dealer. The obligation to make the | ||||||
18 | payments due under any promissory note or line of credit | ||||||
19 | established under this item (14) shall be a lawful obligation | ||||||
20 | of the University payable from the anticipated moneys. Any | ||||||
21 | borrowing under this item (14) shall not constitute a debt, | ||||||
22 | legal or moral, of the State and shall not be enforceable | ||||||
23 | against the State. The promissory note or line of credit shall | ||||||
24 | be authorized by a resolution passed by the Board and shall be | ||||||
25 | valid whether or not a budgeted item with respect to that | ||||||
26 | resolution is included in any annual or supplemental budget |
| |||||||
| |||||||
1 | adopted by the Board. The resolution shall set forth facts | ||||||
2 | demonstrating the need for the borrowing, state an amount that | ||||||
3 | the amount to be borrowed will not exceed, and establish a | ||||||
4 | maximum interest rate limit not to exceed the maximum rate | ||||||
5 | authorized by the Bond Authorization Act or 9%, whichever is | ||||||
6 | less. The resolution may direct the Comptroller or Treasurer | ||||||
7 | of the Board to make arrangements to set apart and hold the | ||||||
8 | portion of the anticipated moneys, as received, that shall be | ||||||
9 | used to repay the borrowing, subject to any prior pledges or | ||||||
10 | restrictions with respect to the anticipated moneys. The | ||||||
11 | resolution may also authorize the Treasurer of the Board to | ||||||
12 | make partial repayments of the borrowing as the anticipated | ||||||
13 | moneys become available and may contain any other terms, | ||||||
14 | restrictions, or limitations not inconsistent with the powers | ||||||
15 | of the Board. | ||||||
16 | For the purposes of this item (14), "financial | ||||||
17 | institution" means any bank subject to the Illinois Banking | ||||||
18 | Act, any savings and loan association subject to the Illinois | ||||||
19 | Savings and Loan Act of 1985, and any federally chartered | ||||||
20 | commercial bank or savings and loan association or | ||||||
21 | government-sponsored enterprise organized and operated in this | ||||||
22 | State pursuant to the laws of the United States. | ||||||
23 | (Source: P.A. 101-665, eff. 4-2-21.)
| ||||||
24 | Section 45. The Western Illinois University Law is amended | ||||||
25 | by changing Section 35-45 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 690/35-45) | ||||||
2 | Sec. 35-45. Powers and duties. The Board also shall have | ||||||
3 | power and it shall be its duty: | ||||||
4 | (1) To make rules, regulations and bylaws, not | ||||||
5 | inconsistent with law, for the government and management of | ||||||
6 | Western Illinois University and its branches; | ||||||
7 | (2) To employ, and, for good cause, to remove a President | ||||||
8 | of Western Illinois University, and all necessary deans, | ||||||
9 | professors, associate professors, assistant professors, | ||||||
10 | instructors, other educational and administrative assistants, | ||||||
11 | and all other necessary employees, and to prescribe their | ||||||
12 | duties and contract with them upon matters relating to tenure, | ||||||
13 | salaries and retirement benefits in accordance with the State | ||||||
14 | Universities Civil Service Act. Whenever the Board establishes | ||||||
15 | a search committee to fill the position of President of | ||||||
16 | Western Illinois University, there shall be minority | ||||||
17 | representation, including women, on that search committee. The | ||||||
18 | Board shall, upon the written request of an employee of | ||||||
19 | Western Illinois University, withhold from the compensation of | ||||||
20 | that employee any dues, payments or contributions payable by | ||||||
21 | such employee to any labor organization as defined in the | ||||||
22 | Illinois Educational Labor Relations Act. Under such | ||||||
23 | arrangement, an amount shall be withheld from each regular | ||||||
24 | payroll period which is equal to the pro rata share of the | ||||||
25 | annual dues plus any payments or contributions, and the Board |
| |||||||
| |||||||
1 | shall transmit such withholdings to the specified labor | ||||||
2 | organization within 10 working days from the time of the | ||||||
3 | withholding; | ||||||
4 | (3) To prescribe the courses of study to be followed, and | ||||||
5 | textbooks and apparatus to be used at Western Illinois | ||||||
6 | University; | ||||||
7 | (4) To issue upon the recommendation of the faculty, | ||||||
8 | diplomas to such persons as have satisfactorily completed the | ||||||
9 | required studies of Western Illinois University, and confer | ||||||
10 | such professional and literary degrees as are usually | ||||||
11 | conferred by other institutions of like character for similar | ||||||
12 | or equivalent courses of study, or such as the Board may deem | ||||||
13 | appropriate; | ||||||
14 | (5) To examine into the conditions, management, and | ||||||
15 | administration of Western Illinois University, to provide the | ||||||
16 | requisite buildings, apparatus, equipment and auxiliary | ||||||
17 | enterprises, and to fix and collect matriculation fees; | ||||||
18 | tuition fees; fees for student activities; fees for student | ||||||
19 | facilities such as student union buildings or field houses or | ||||||
20 | stadia or other recreational facilities; student welfare fees; | ||||||
21 | laboratory fees; and similar fees for supplies and materials. | ||||||
22 | The expense of the building, improving, repairing and | ||||||
23 | supplying fuel and furniture and the necessary appliances and | ||||||
24 | apparatus for conducting Western Illinois University, the | ||||||
25 | reimbursed expenses of members of the Board, and the salaries | ||||||
26 | or compensation of the President, assistants, agents and other |
| |||||||
| |||||||
1 | employees of Western Illinois University, shall be a charge | ||||||
2 | upon the State Treasury. All other expenses shall be | ||||||
3 | chargeable against students, and the Board shall regulate the | ||||||
4 | charges accordingly; | ||||||
5 | (6) To succeed to and to administer all trusts, trust | ||||||
6 | property, and gifts now or hereafter belonging or pertaining | ||||||
7 | to Western Illinois University; | ||||||
8 | (7) To accept endowments of professorships or departments | ||||||
9 | in Western Illinois University from any person who may proffer | ||||||
10 | them and, at regular meetings, to prescribe rules and | ||||||
11 | regulations in relation to endowments and declare on what | ||||||
12 | general principles they may be accepted; | ||||||
13 | (8) To enter into contracts with the Federal government | ||||||
14 | for providing courses of instruction and other services at | ||||||
15 | Western Illinois University for persons serving in or with the | ||||||
16 | military or naval forces of the United States, and to provide | ||||||
17 | such courses of instruction and other services; | ||||||
18 | (9) To contract with respect to the Cooperative Computer | ||||||
19 | Center to obtain services related to electronic data | ||||||
20 | processing; | ||||||
21 | (10) To provide for the receipt and expenditures of | ||||||
22 | Federal funds paid to Western Illinois University by the | ||||||
23 | Federal government for instruction and other services for | ||||||
24 | persons serving in or with the military or naval forces of the | ||||||
25 | United States, and to provide for audits of such funds; | ||||||
26 | (11) To appoint, subject to the applicable civil service |
| |||||||
| |||||||
1 | law, persons to be members of the Western Illinois University | ||||||
2 | Police Department. Members of the Police Department shall be | ||||||
3 | conservators of the peace and as such have all powers | ||||||
4 | possessed by policemen in cities, and sheriffs, including the | ||||||
5 | power to make arrests on view or warrants of violations of | ||||||
6 | State statutes, University rules and regulations and city or | ||||||
7 | county ordinances, except that they may exercise such powers | ||||||
8 | only within counties wherein Western Illinois University and | ||||||
9 | any of its branches or properties are located when such is | ||||||
10 | required for the protection of University properties and | ||||||
11 | interests, and its students and personnel, and otherwise, | ||||||
12 | within such counties, when requested by appropriate State or | ||||||
13 | local law enforcement officials. However, such officers shall | ||||||
14 | have no power to serve and execute civil processes. The chief | ||||||
15 | of police of the Police Department has the final decision on | ||||||
16 | all law enforcement decisions. The President and chancellors | ||||||
17 | of the University are prohibited from being involved in law | ||||||
18 | enforcement decisions. | ||||||
19 | The Board must authorize to each member of the Western | ||||||
20 | Illinois University Police Department and to any other | ||||||
21 | employee of Western Illinois University exercising the powers | ||||||
22 | of a peace officer a distinct badge that, on its face, (i) | ||||||
23 | clearly states that the badge is authorized by Western | ||||||
24 | Illinois University and (ii) contains a unique identifying | ||||||
25 | number. No other badge shall be authorized by Western Illinois | ||||||
26 | University; |
| |||||||
| |||||||
1 | (12) The Board may, directly or in cooperation with other | ||||||
2 | institutions of higher education, acquire by purchase or lease | ||||||
3 | or otherwise, and construct, enlarge, improve, equip, | ||||||
4 | complete, operate, control and manage research and high | ||||||
5 | technology parks, together with the necessary lands, | ||||||
6 | buildings, facilities, equipment, and personal property | ||||||
7 | therefor, to encourage and facilitate (i) the location and | ||||||
8 | development of business and industry in the State of Illinois, | ||||||
9 | and (ii) the increased application and development of | ||||||
10 | technology, and (iii) the improvement and development of the | ||||||
11 | State's economy. The Board may lease to nonprofit corporations | ||||||
12 | all or any part of the land, buildings, facilities, equipment | ||||||
13 | or other property included in a research and high technology | ||||||
14 | park upon such terms and conditions as the Board may deem | ||||||
15 | advisable and enter into any contract or agreement with such | ||||||
16 | nonprofit corporations as may be necessary or suitable for the | ||||||
17 | construction, financing, operation and maintenance and | ||||||
18 | management of any such park; and may lease to any person, firm, | ||||||
19 | partnership or corporation, either public or private, any part | ||||||
20 | or all of the land, building, facilities, equipment or other | ||||||
21 | property of such park for such purposes and upon such rentals, | ||||||
22 | terms and conditions as the Board may deem advisable; and may | ||||||
23 | finance all or part of the cost of any such park, including the | ||||||
24 | purchase, lease, construction, reconstruction, improvement, | ||||||
25 | remodeling, addition to, and extension and maintenance of all | ||||||
26 | or part of such high technology park, and all equipment and |
| |||||||
| |||||||
1 | furnishings, by legislative appropriations, government grants, | ||||||
2 | contracts, private gifts, loans, receipts from the operation | ||||||
3 | of such high technology park, rentals and similar receipts; | ||||||
4 | and may make its other facilities and services available to | ||||||
5 | tenants or other occupants of any such park at rates which are | ||||||
6 | reasonable and appropriate; | ||||||
7 | (13) To borrow money, as necessary, from time to time in | ||||||
8 | anticipation of receiving tuition, payments from the State of | ||||||
9 | Illinois, or other revenues or receipts of the University, | ||||||
10 | also known as anticipated moneys. The borrowing limit shall be | ||||||
11 | capped at 100% of the total amount of payroll and other expense | ||||||
12 | vouchers submitted and payable to the University for fiscal | ||||||
13 | year 2010 expenses, but unpaid by the State Comptroller's | ||||||
14 | office. Prior to borrowing any funds, the University shall | ||||||
15 | request from the Comptroller's office a verification of the | ||||||
16 | borrowing limit and shall include the estimated date on which | ||||||
17 | such borrowing shall occur. The borrowing limit cap shall be | ||||||
18 | verified by the State Comptroller's office not prior to 45 | ||||||
19 | days before any estimated date for executing any promissory | ||||||
20 | note or line of credit established under this item (13). The | ||||||
21 | principal amount borrowed under a promissory note or line of | ||||||
22 | credit shall not exceed 75% of the borrowing limit. Within 15 | ||||||
23 | days after borrowing funds under any promissory note or line | ||||||
24 | of credit established under this item (13), the University | ||||||
25 | shall submit to the Governor's Office of Management and | ||||||
26 | Budget, the Speaker of the House of Representatives, the |
| |||||||
| |||||||
1 | Minority Leader of the House of Representatives, the President | ||||||
2 | of the Senate, and the Minority Leader of the Senate an | ||||||
3 | Emergency Short Term Cash Management Plan. The Emergency Short | ||||||
4 | Term Cash Management Plan shall outline the amount borrowed, | ||||||
5 | the terms for repayment, the amount of outstanding State | ||||||
6 | vouchers as verified by the State Comptroller's office, and | ||||||
7 | the University's plan for expenditure of any borrowed funds, | ||||||
8 | including, but not limited to, a detailed plan to meet payroll | ||||||
9 | obligations to include collective bargaining employees, civil | ||||||
10 | service employees, and academic, research, and health care | ||||||
11 | personnel. The establishment of any promissory note or line of | ||||||
12 | credit established under this item (13) must be finalized | ||||||
13 | within 90 days after the effective date of this amendatory Act | ||||||
14 | of the 96th General Assembly. The borrowed moneys shall be | ||||||
15 | applied to the purposes of paying salaries and other expenses | ||||||
16 | lawfully authorized in the University's State appropriation | ||||||
17 | and unpaid by the State Comptroller. Any line of credit | ||||||
18 | established under this item (13) shall be paid in full one year | ||||||
19 | after creation or within 10 days after the date the University | ||||||
20 | receives reimbursement from the State for all submitted fiscal | ||||||
21 | year 2010 vouchers, whichever is earlier. Any promissory note | ||||||
22 | established under this item (13) shall be repaid within one | ||||||
23 | year after issuance of the note. The Chairman, Comptroller, or | ||||||
24 | Treasurer of the Board shall execute a promissory note or | ||||||
25 | similar debt instrument to evidence the indebtedness incurred | ||||||
26 | by the borrowing. In connection with a borrowing, the Board |
| |||||||
| |||||||
1 | may establish a line of credit with a financial institution, | ||||||
2 | investment bank, or broker/dealer. The obligation to make the | ||||||
3 | payments due under any promissory note or line of credit | ||||||
4 | established under this item (13) shall be a lawful obligation | ||||||
5 | of the University payable from the anticipated moneys. Any | ||||||
6 | borrowing under this item (13) shall not constitute a debt, | ||||||
7 | legal or moral, of the State and shall not be enforceable | ||||||
8 | against the State. The promissory note or line of credit shall | ||||||
9 | be authorized by a resolution passed by the Board and shall be | ||||||
10 | valid whether or not a budgeted item with respect to that | ||||||
11 | resolution is included in any annual or supplemental budget | ||||||
12 | adopted by the Board. The resolution shall set forth facts | ||||||
13 | demonstrating the need for the borrowing, state an amount that | ||||||
14 | the amount to be borrowed will not exceed, and establish a | ||||||
15 | maximum interest rate limit not to exceed the maximum rate | ||||||
16 | authorized by the Bond Authorization Act or 9%, whichever is | ||||||
17 | less. The resolution may direct the Comptroller or Treasurer | ||||||
18 | of the Board to make arrangements to set apart and hold the | ||||||
19 | portion of the anticipated moneys, as received, that shall be | ||||||
20 | used to repay the borrowing, subject to any prior pledges or | ||||||
21 | restrictions with respect to the anticipated moneys. The | ||||||
22 | resolution may also authorize the Treasurer of the Board to | ||||||
23 | make partial repayments of the borrowing as the anticipated | ||||||
24 | moneys become available and may contain any other terms, | ||||||
25 | restrictions, or limitations not inconsistent with the powers | ||||||
26 | of the Board. |
| |||||||
| |||||||
1 | For the purposes of this item (13), "financial | ||||||
2 | institution" means any bank subject to the Illinois Banking | ||||||
3 | Act, any savings and loan association subject to the Illinois | ||||||
4 | Savings and Loan Act of 1985, and any federally chartered | ||||||
5 | commercial bank or savings and loan association or | ||||||
6 | government-sponsored enterprise organized and operated in this | ||||||
7 | State pursuant to the laws of the United States. | ||||||
8 | (14) To assist in the provision of lands, buildings, and | ||||||
9 | facilities that are supportive of University purposes and | ||||||
10 | suitable and appropriate for the conduct and operation of the | ||||||
11 | University's education programs, the Board may exercise the | ||||||
12 | following powers with regard to that part of the Southeast | ||||||
13 | Quarter of Section 11, Township 17 North, Range 1 West of the | ||||||
14 | 4th Principal Meridian, the boundary which is described as | ||||||
15 | follows: | ||||||
16 | From the Northeast corner of Lot 33 of Homewood Terrace | ||||||
17 | Second Addition to the City of Moline in Rock Island | ||||||
18 | County, Illinois, said corner being the point of beginning | ||||||
19 | and being 1272.48 feet South and 526.23 feet East of the | ||||||
20 | center of Section 11; proceed thence South 00 deg.-00'-00" | ||||||
21 | West 179.04 feet along the East line of said Homewood | ||||||
22 | Terrace Second Addition; thence South 34 deg.-30'-00" West | ||||||
23 | l35.00 feet along the East line of said Homewood Terrace | ||||||
24 | Second Addition; thence South 34 deg.-22'-33" East 353.34 | ||||||
25 | feet to the East line of the First Section of Homewood 5th | ||||||
26 | Addition to the City of Moline in Rock Island County, |
| |||||||
| |||||||
1 | Illinois; thence South 21 deg.-14'-01" East 448.00 feet | ||||||
2 | along the East line of said First Section of Homewood 5th | ||||||
3 | Addition to the North Right-of-Way line of Coaltown Road, | ||||||
4 | Moline; thence North 69 deg.-30'-59" East 13.39 feet along | ||||||
5 | the North Right-of-Way of Coaltown Road; thence | ||||||
6 | Northeasterly 302.69 feet along the North Right-of-Way of | ||||||
7 | Coaltown Road around a circular curve to the Right, said | ||||||
8 | curve having an initial tangent bearing of North 69 | ||||||
9 | deg.-30'-59" East and a radius of 1950.08 feet; thence | ||||||
10 | North 49 deg.-29'-56" East 99.18 feet along the North | ||||||
11 | Right-of-Way line of Coaltown Road, Moline, to the West | ||||||
12 | Right-of-Way line of 60th Street, Moline; thence North 09 | ||||||
13 | deg.-29'-20" West 366.24 feet along the West Right-of-Way | ||||||
14 | line of 60th Street, Moline Right-of-Way monument; thence | ||||||
15 | North 10 deg.-10'-03" West 263.50 feet along the West | ||||||
16 | Right-of-Way line of 60th Street, Moline Right-of-Way | ||||||
17 | monument; thence North 01 deg.-45'-57" West 81.37 feet | ||||||
18 | along the West line of 60th Street, Moline; thence | ||||||
19 | Northwesterly 581.39 feet around a circular curve to the | ||||||
20 | right, said curve having an initial tangent bearing of | ||||||
21 | South 89 deg.-27'-55" West and a radius of 1085.00 feet to | ||||||
22 | the point of beginning; Situated in Rock Island County, | ||||||
23 | Illinois. | ||||||
24 | (A) The Board may sell, lease, or otherwise transfer | ||||||
25 | and convey all or part of the real estate described in this | ||||||
26 | item (14), together with the improvements situated |
| |||||||
| |||||||
1 | thereon, to a bona fide purchaser for value, without | ||||||
2 | compliance with the State Property Control Act and on such | ||||||
3 | terms as the Board shall determine are in the best | ||||||
4 | interests of the University and consistent with its | ||||||
5 | objects and purposes. | ||||||
6 | (B) The Board may retain the proceeds from the sale, | ||||||
7 | lease, or other transfer of all or any part of the real | ||||||
8 | estate described in this item (14) in the University | ||||||
9 | treasury, in a special, separate development fund account | ||||||
10 | that the Auditor General shall examine to ensure the use | ||||||
11 | or deposit of those proceeds in a manner consistent with | ||||||
12 | subdivision (C) of this item (14). | ||||||
13 | (C) Revenues from the development fund account may be | ||||||
14 | withdrawn by the University for the purpose of demolition | ||||||
15 | and the processes associated with demolition; routine land | ||||||
16 | and property acquisition; streetscape work; landscape | ||||||
17 | work; lease and lease purchase arrangements and the | ||||||
18 | professional services associated with planning and | ||||||
19 | development; surface and structure parking; sidewalks, | ||||||
20 | recreational paths, and street construction; utility | ||||||
21 | infrastructure; historic preservation; and building | ||||||
22 | rehabilitation. Money from the development fund account | ||||||
23 | used for any other purpose must be deposited into and | ||||||
24 | appropriated from the General Revenue Fund. Buildings or | ||||||
25 | facilities leased to an entity or person other than the | ||||||
26 | University are not subject to any limitations applicable |
| |||||||
| |||||||
1 | to a State-supported college or university under any law. | ||||||
2 | All development on the land and all use of any buildings or | ||||||
3 | facilities is subject to the control and approval of the | ||||||
4 | Board. | ||||||
5 | (Source: P.A. 97-333, eff. 8-12-11; 98-998, eff. 8-18-14.)
| ||||||
6 | Section 50. The Public Community College Act is amended by | ||||||
7 | changing Section 3-42.1 as follows:
| ||||||
8 | (110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1) | ||||||
9 | Sec. 3-42.1. (a) To appoint law enforcement officer and | ||||||
10 | non-law enforcement officer members of the community college | ||||||
11 | district police department or department of public safety. | ||||||
12 | (b) Members of the community college district police | ||||||
13 | department or department of public safety who are law | ||||||
14 | enforcement officers, as defined in the Illinois Police | ||||||
15 | Training Act, shall be peace officers under the laws of this | ||||||
16 | State. As such, law enforcement officer members of these | ||||||
17 | departments shall have all of the powers of police officers in | ||||||
18 | cities and sheriffs in counties, including the power to make | ||||||
19 | arrests on view or on warrants for violations of State | ||||||
20 | statutes and to enforce county or city ordinances in all | ||||||
21 | counties that lie within the community college district, when | ||||||
22 | such is required for the protection of community college | ||||||
23 | personnel, students, property, or interests. Such officers | ||||||
24 | shall have no power to serve and execute civil process. The |
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1 | chief of police of a community college district police | ||||||
2 | department or department of public safety has the final | ||||||
3 | decision on all law enforcement decisions. The president, | ||||||
4 | chancellors, or chief executive officer of a community college | ||||||
5 | district are prohibited from being involved in law enforcement | ||||||
6 | decisions. | ||||||
7 | As peace officers in this State, all laws pertaining to | ||||||
8 | hiring, training, retention, service authority, and discipline | ||||||
9 | of police officers, under State law, shall apply. Law | ||||||
10 | enforcement officer members must complete the minimum basic | ||||||
11 | training requirements of a police training school under the | ||||||
12 | Illinois Police Training Act. Law enforcement officer members | ||||||
13 | who have successfully completed an Illinois Law Enforcement | ||||||
14 | Training Standards Board certified firearms course shall be | ||||||
15 | equipped with appropriate firearms and auxiliary weapons. | ||||||
16 | (c) Non-law enforcement officer members of the community | ||||||
17 | college police, public safety, or security departments whose | ||||||
18 | job requirements include performing patrol and security type | ||||||
19 | functions shall, within 6 months after their initial hiring | ||||||
20 | date, be required to successfully complete the 20-hour basic | ||||||
21 | security training course required by (i) the Department of | ||||||
22 | Financial and Professional Regulation, Division of | ||||||
23 | Professional Regulation for Security Officers, (ii) by the | ||||||
24 | International Association of College Law Enforcement | ||||||
25 | Administrators, or (iii) campus protection officer training | ||||||
26 | program or a similar course certified and approved by the |
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1 | Illinois Law Enforcement Training Standards Board. They shall | ||||||
2 | also be permitted to become members of an Illinois State | ||||||
3 | Training Board Mobile Training Unit and shall complete 8 hours | ||||||
4 | in continuing training, related to their specific position of | ||||||
5 | employment, each year. The board may establish reasonable | ||||||
6 | eligibility requirements for appointment and retention of | ||||||
7 | non-law enforcement officer members. | ||||||
8 | All non-law enforcement officer members authorized to | ||||||
9 | carry weapons, other than firearms, shall receive training on | ||||||
10 | the proper deployment and use of force regarding such weapons. | ||||||
11 | (Source: P.A. 102-558, eff. 8-20-21.)
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