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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1377 Introduced 1/29/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: | | 110 ILCS 305/7 | from Ch. 144, par. 28 | 110 ILCS 520/8 | from Ch. 144, par. 658 | 110 ILCS 660/5-45 | | 110 ILCS 665/10-45 | | 110 ILCS 670/15-45 | | 110 ILCS 675/20-45 | | 110 ILCS 680/25-45 | | 110 ILCS 685/30-45 | | 110 ILCS 690/35-45 | | 110 ILCS 805/3-42.1 | from Ch. 122, par. 103-42.1 |
| 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. |
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| | A BILL FOR |
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1 | | AN ACT concerning education. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The University of Illinois Act is amended by |
5 | | changing Section 7 as follows: |
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: |
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, |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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; |
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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; |
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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 |
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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, |
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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 |
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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 |
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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 |
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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.) |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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 |
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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 |
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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; |
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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 |
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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 |
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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, |
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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 |
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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 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 |
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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.) |
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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 |
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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 |
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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; |
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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; |
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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 |
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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. |
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| | SB1377 | - 56 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 57 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 58 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 59 - | LRB104 08987 LNS 19043 b |
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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, |
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| | SB1377 | - 60 - | LRB104 08987 LNS 19043 b |
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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, |
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| | SB1377 | - 61 - | LRB104 08987 LNS 19043 b |
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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; |
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| | SB1377 | - 62 - | LRB104 08987 LNS 19043 b |
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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 |
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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 |
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| | SB1377 | - 64 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 65 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 66 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 68 - | LRB104 08987 LNS 19043 b |
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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) |
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| | SB1377 | - 69 - | LRB104 08987 LNS 19043 b |
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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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| | SB1377 | - 70 - | LRB104 08987 LNS 19043 b |
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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 |
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| | SB1377 | - 71 - | LRB104 08987 LNS 19043 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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 |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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: |
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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 |
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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 |
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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 |
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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; |
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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 |
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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 |
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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 |
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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. |
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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, |
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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 |
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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 |
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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.) |
12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law. |