Public Act 098-0998
 
HB5678 EnrolledLRB098 18550 NHT 53688 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Western Illinois University Law is amended  
by changing Sections 35-40 and 35-45 as follows:
 



    (110 ILCS 690/35-40)



    Sec. 35-40. Contracts, conveyances, expenditures. The 
Board shall have
power to enter into contracts and to sue and 
be
sued, provided that any suit against the Board based upon a 
claim sounding
in tort must be filed in the Court of Claims; to 
acquire by purchase,
eminent domain or otherwise, and to hold 
and convey title to
real property as it shall deem appropriate 
and personal property in
accordance with the State Property 
Control Act, except as otherwise provided in item (14) of 
Section 35-45 of this Law; and to expend the funds
appropriated 
to or lawfully belonging to the Western Illinois University,

provided that the Board in the exercise of
the powers conferred 
by this Article shall not create any liability or
indebtedness 
of funds from the State Treasury in excess of the funds

appropriated to Western Illinois University.

    All real property acquired by the Board shall be held for 
the People of
the State of Illinois, for the use of Western 
Illinois University.

    Any lease to the Board of lands, buildings or facilities

which will support scientific research and development in such

areas as high technology, super computing, microelectronics,

biotechnology, robotics, physics and engineering shall be for
a 
term not to exceed 18 years, and may grant to the Board the 
option to
purchase the lands, buildings or facilities.  The 
lease shall recite that
it is subject to termination and 
cancellation in any year for which the
General Assembly fails 
to make an appropriation to pay the rent payable
under the 
terms of the lease.

    Leases for the purposes described herein exceeding 5 years 
shall have
the approval of the Illinois Board of Higher 
Education.

    The Board's power to enter into contracts includes but is 
not limited
to the power to enter into contracts with 
municipalities within which the
University or any branch 
thereof is located, in whole or in part, for such
municipality 
to provide fire protection or other essential municipal

services upon properties leased to for-profit entities the 
title to which
properties is held by the Board.
The Board shall 
pay to the municipality concerned such equitable portion of
the 
cost of providing such fire protection or other essential 
municipal
service as shall be agreed to by the Board, and as 
part of the compensation
for such fire protection the Board may 
provide land and buildings, or
either, for fire stations to be 
used by the municipality.

(Source: P.A. 89-4, eff. 1-1-96.)

 



    (110 ILCS 690/35-45)



    Sec. 35-45. Powers and duties. The Board also shall have 
power and
it shall be its duty:

    (1) To make rules, regulations and bylaws, not inconsistent 
with
law, for the government and management of Western Illinois 
University
and its branches;

    (2) To employ, and, for good cause, to remove a President 
of Western
Illinois University, and all necessary deans, 
professors, associate
professors, assistant professors, 
instructors, other educational and
administrative assistants, 
and all other necessary employees, and to prescribe
their 
duties and contract with them upon matters relating to tenure, 
salaries
and retirement benefits in accordance with
the State 
Universities Civil Service Act.  Whenever the Board establishes 
a
search committee to fill the position of President of Western 
Illinois
University, there shall be minority representation, 
including women, on that
search committee.  The Board shall, 
upon the written request
of an employee of Western Illinois 
University, withhold from the compensation
of that employee any 
dues, payments or contributions payable by such employee
to any 
labor organization as defined in the Illinois Educational Labor

Relations
Act.  Under such arrangement, an amount shall be 
withheld from each regular
payroll period which is equal to the 
pro rata share of the annual dues plus
any payments or 
contributions, and the Board shall transmit such withholdings

to the specified labor organization within 10 working days from 
the time
of the withholding;

    (3) To prescribe the courses of study to be followed, and 
textbooks
and apparatus to be used at Western Illinois 
University;

    (4) To issue upon the recommendation of the faculty, 
diplomas to such
persons as have satisfactorily completed the 
required studies of
Western Illinois University, and confer 
such professional and literary
degrees as are usually conferred 
by other institutions of like character
for similar or 
equivalent courses of study, or such as the Board may
deem 
appropriate;

    (5) To examine into the conditions, management, and 
administration of
Western Illinois University, to provide the 
requisite buildings,
apparatus, equipment and auxiliary 
enterprises, and to fix and collect
matriculation fees; tuition 
fees; fees for student activities; fees for
student facilities 
such as student union buildings or field houses or
stadia or 
other recreational facilities; student welfare fees;

laboratory fees; and similar fees for supplies and materials.

The expense of the building, improving, repairing and supplying 
fuel and
furniture and the necessary appliances and apparatus 
for conducting Western
Illinois
University, the reimbursed 
expenses of members of the Board, and the
salaries or 
compensation of the President, assistants, agents and other

employees of Western Illinois University, shall be a charge 
upon the State
Treasury.  All
other expenses shall be chargeable 
against students, and the Board shall
regulate the charges 
accordingly;

    (6) To succeed to and to administer all trusts, trust 
property, and
gifts now or hereafter belonging or pertaining to 
Western Illinois
University;

    (7) To accept endowments of professorships or departments 
in Western
Illinois University from any person who may proffer 
them and, at regular
meetings, to prescribe rules and 
regulations in relation to endowments
and declare on what 
general principles they may be accepted;

    (8) To enter into contracts with the Federal government for 
providing
courses of instruction and other services at Western 
Illinois
University for persons serving in or with the military 
or naval forces
of the United States, and to provide such 
courses of instruction and
other services;

    (9) To contract with respect to the Cooperative Computer 
Center to obtain
services related to electronic data 
processing;

    (10) To provide for the receipt and expenditures of Federal 
funds
paid to Western Illinois University by the Federal 
government for
instruction and other services for persons 
serving in or with the
military or naval forces of the United 
States, and to provide for audits
of such funds;

    (11) To appoint, subject to the applicable civil service 
law, persons
to be members of the Western Illinois University 
Police Department.
Members of the Police Department shall be 
conservators of the peace and
as such have all powers possessed 
by policemen in cities, and sheriffs,
including the power to 
make arrests on view or warrants of violations of
State 
statutes, University rules and regulations and city or county

ordinances, except that they may exercise such powers only 
within
counties wherein Western Illinois University and any of 
its branches or
properties
are located when such is required 
for the protection of University
properties and interests, and 
its students and personnel, and otherwise,
within such 
counties, when requested by appropriate State
or local law 
enforcement officials. However, such officers shall have no

power to serve and execute civil processes.

    The Board must authorize to each member of the Western 
Illinois University
Police
Department
and to any other employee 
of Western Illinois University exercising the powers
of a peace 
officer
a distinct badge
that, on its face, (i) clearly states 
that the badge is authorized by Western
Illinois
University and

(ii) contains a unique identifying number.
No other badge shall 
be authorized by
Western Illinois University;

    (12) The Board may, directly or in cooperation with other 
institutions
of higher education, acquire by purchase or lease 
or otherwise, and construct,
enlarge, improve, equip, 
complete, operate, control and manage research
and high 
technology parks, together with the necessary lands, 
buildings,
facilities, equipment, and personal property 
therefor,
to encourage and facilitate (i) the location and 
development of business
and industry in the State of Illinois, 
and (ii) the increased application
and development of 
technology, and (iii) the improvement and development of
the 
State's economy.  The Board may lease to nonprofit corporations

all or any part
of the land, buildings, facilities, equipment 
or other property included
in a research and high technology 
park upon such terms and conditions
as the Board may deem 
advisable and enter into any contract or
agreement with such 
nonprofit corporations as may be necessary or suitable
for the 
construction, financing, operation and maintenance and 
management
of any such park; and may lease to any person, firm, 
partnership or
corporation,
either public or private, any part 
or all of the land, building, facilities,
equipment or other 
property of such park for such purposes and upon such
rentals, 
terms and conditions as the Board may deem advisable; and
may 
finance all or part of the cost of any such park, including the 
purchase,
lease, construction, reconstruction, improvement, 
remodeling, addition to,
and extension and maintenance of all 
or part of such high technology park,
and all equipment and 
furnishings, by legislative appropriations, government
grants, 
contracts, private gifts, loans, receipts from the operation of

such high technology park, rentals and similar receipts; and 
may make its
other facilities and services available to tenants 
or other occupants of
any such park at rates which are 
reasonable and appropriate;

    (13) To borrow money, as necessary, from time to time in 
anticipation of receiving tuition, payments from the State of 
Illinois, or  other revenues or receipts of the University, also 
known as anticipated moneys.   The borrowing limit shall be 
capped at 100% of the total amount of payroll and other expense 
vouchers submitted and payable to the University for fiscal 
year 2010 expenses, but unpaid by the State Comptroller's 
office. Prior to borrowing any funds, the University shall 
request from the Comptroller's office a verification of the 
borrowing limit and shall include the estimated date on which 
such borrowing shall occur.  The borrowing limit cap shall be 
verified by the State Comptroller's office not prior to 45 days 
before any estimated date for executing any promissory note or 
line of credit established under this item (13).  The principal 
amount borrowed under a promissory note or line of credit shall 
not exceed 75% of the borrowing limit.  Within 15 days after 
borrowing funds under any promissory note or line of credit 
established under this item (13), the University shall submit 
to the Governor's Office of Management and Budget, the Speaker 
of the House of Representatives, the Minority Leader of the 
House of Representatives, the President of the Senate,  and the 
Minority Leader of the Senate an Emergency Short Term Cash 
Management Plan.  The Emergency Short Term Cash Management Plan 
shall outline the amount borrowed, the terms for repayment, the 
amount of outstanding State vouchers as verified by the State 
Comptroller's office, and the University's plan for 
expenditure of any borrowed funds, including, but not limited 
to, a detailed plan to meet payroll obligations to include 
collective bargaining employees, civil service employees, and 
academic, research, and health care personnel.  The 
establishment of any promissory note or line of credit 
established under this item (13) must be finalized within 90 
days after the effective date of this amendatory  Act of the 
96th General Assembly.  The   borrowed moneys shall be applied to 
the purposes of paying salaries and other expenses lawfully 
authorized in the University's State appropriation and unpaid 
by the State Comptroller.  Any line of credit established under 
this item (13)  shall be paid in full one year after creation or 
within 10 days after the date  the University receives 
reimbursement from the State for all submitted fiscal year 2010 
vouchers, whichever is earlier.  Any  promissory note 
established under this item (13)  shall be repaid within one 
year after issuance of the note. The Chairman, Comptroller, or 
Treasurer of the Board shall execute a promissory note or 
similar debt instrument to evidence the indebtedness incurred 
by the borrowing. In connection with a borrowing, the Board may 
establish a line of credit with a financial institution, 
investment bank, or broker/dealer.
The obligation to make the 
payments due under any promissory note or line of credit 
established under this item (13) shall be a lawful obligation 
of the University payable from the anticipated moneys.  Any 
borrowing under this item (13) shall not constitute a debt, 
legal or moral, of the State and shall not be enforceable 
against the State. The promissory note or line of credit shall 
be authorized by a resolution passed by the Board and shall be 
valid whether or not a budgeted item with respect to  that 
resolution is included in any annual or  supplemental budget 
adopted by the Board.  The resolution shall set forth facts 
demonstrating the need for the borrowing, state an amount that 
the amount to be borrowed will not exceed, and establish a 
maximum interest rate limit not to exceed the maximum rate 
authorized by the Bond Authorization Act or 9%, whichever is 
less. The resolution may direct the Comptroller or Treasurer of 
the Board to make arrangements to set apart and hold the 
portion of the anticipated moneys, as received, that shall be 
used to repay the borrowing, subject to any prior pledges or 
restrictions with respect to the anticipated moneys.  The 
resolution may also authorize the Treasurer of the Board to 
make partial repayments of the borrowing as the anticipated 
moneys become available and may contain any other terms, 
restrictions, or limitations not inconsistent with the powers 
of the Board.
    For the purposes of this item (13), "financial institution" 
means any bank subject to the Illinois Banking Act, any savings 
and loan association subject to the Illinois Savings and Loan 
Act of 1985, and any federally chartered commercial bank or 
savings and loan association or government-sponsored 
enterprise organized and operated in this State pursuant to the 
laws of the United States.
    (14) To assist in the provision of lands, buildings, and 
facilities that are supportive of University purposes and 
suitable and appropriate for the conduct and operation of the 
University's education programs, the Board may exercise the 
following powers with regard to that part of the Southeast 
Quarter of Section  11, Township 17 North, Range 1 West of the 
4th
Principal Meridian, the boundary which is described as 
follows:
    From the Northeast corner of Lot 33 of Homewood Terrace 
    Second Addition to the City of Moline in Rock
Island 
    County, Illinois,  said corner       being the point of beginning  
    and being  1272.48 feet
South and 526.23 feet  East of the 
    center of Section   11; proceed  thence  South  00
deg.-00'-00"  
    West 179.04  feet along  the  East line of said Homewood  
    Terrace Second Addition;
thence South 34 deg.-30'-00"  West  
    l35.00 feet along the East line of said Homewood  Terrace

    Second Addition; thence South 34 deg.-22'-33" East 353.34 
    feet to the East line of the First
Section  of  Homewood   5th  
    Addition  to the  City of  Moline  in  Rock  Island  County,

    Illinois;  thence  South  21 deg.-14'-01"  East 448.00 feet 
    along the  East line of said First
Section of Homewood 5th 
    Addition  to the North Right-of-Way  line of  Coaltown  Road,  
    Moline;
thence  North  69  deg.-30'-59" East  13.39 feet  along 
    the North Right-of-Way  of Coaltown
Road; thence 
    Northeasterly  302.69 feet along the North  Right-of-Way of 
    Coaltown Road around  a
circular curve  to  the Right, said 
    curve having an initial tangent bearing  of North  69

    deg.-30'-59"
East and a radius of  1950.08 feet;  thence 
    North  49 deg.-29'-56" East 99.18 feet along the
North 
    Right-of-Way
line  of  Coaltown  Road,  Moline,  to  the  West  
    Right-of-Way  line of  60th  Street,  Moline;
 thence  North  09 
    deg.-29'-20" West 366.24 feet along the West Right-of-Way 
    line of 60th
Street, Moline Right-of-Way monument; thence 
    North  10 deg.-10'-03"  West 263.50 feet along the
West 
    Right-of-Way  line of 60th Street,  Moline Right-of-Way  
    monument;  thence North  01
deg.-45'-57"  West 81.37 feet 
    along the  West  line of  60th Street, Moline; thence 
    Northwesterly 581.39
feet around a circular curve to the 
    right, said curve having an initial tangent bearing of 
    South 89
deg.-27'-55" West and a radius of  1085.00 feet to 
    the point of beginning;  Situated in Rock Island County, 
    Illinois. 
        (A) The Board  may sell, lease, or otherwise transfer 
    and convey all or part of the real estate described in this 
    item (14), together with the improvements situated 
    thereon, to a bona fide purchaser for value, without 
    compliance with the State Property Control Act and on such 
    terms as the Board  shall determine are in the best 
    interests of the University and consistent with its objects 
    and purposes. 
        (B) The Board  may retain the proceeds from the sale, 
    lease, or other transfer of all or any part of the real 
    estate described in this item (14) in the University 
    treasury, in a special, separate development fund account 
    that the Auditor General shall examine to ensure the use or 
    deposit of those proceeds in a manner consistent with 
    subdivision (C) of this item (14). 
        (C) Revenues from the development fund account may be 
    withdrawn by the University for the purpose of demolition 
    and the processes associated with demolition; routine land 
    and property acquisition; streetscape work; landscape 
    work; lease and lease purchase arrangements and the 
    professional services associated with planning and 
    development; surface and structure parking; sidewalks, 
    recreational paths, and street construction; utility 
    infrastructure; historic preservation; and building 
    rehabilitation.  Money from the development fund account 
    used for any other purpose must be deposited into and 
    appropriated from the General Revenue Fund. Buildings or 
    facilities leased to an entity or person other than the 
    University are not  subject to any limitations applicable to 
    a State-supported college or university under any law. All 
    development on the land and all use of any buildings or 
    facilities is subject to the control and approval of the 
    Board. 
(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.