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. 28110 ILCS 520/8 from Ch. 144, par. 658110 ILCS 660/5-45110 ILCS 665/10-45110 ILCS 670/15-45110 ILCS 675/20-45110 ILCS 680/25-45110 ILCS 685/30-45110 ILCS 690/35-45110 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. LRB104 08987 LNS 19043 b A BILL FOR 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. 28110 ILCS 520/8 from Ch. 144, par. 658110 ILCS 660/5-45110 ILCS 665/10-45110 ILCS 670/15-45110 ILCS 675/20-45110 ILCS 680/25-45110 ILCS 685/30-45110 ILCS 690/35-45110 ILCS 805/3-42.1 from Ch. 122, par. 103-42.1 110 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. LRB104 08987 LNS 19043 b LRB104 08987 LNS 19043 b A BILL FOR
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. 28110 ILCS 520/8 from Ch. 144, par. 658110 ILCS 660/5-45110 ILCS 665/10-45110 ILCS 670/15-45110 ILCS 675/20-45110 ILCS 680/25-45110 ILCS 685/30-45110 ILCS 690/35-45110 ILCS 805/3-42.1 from Ch. 122, par. 103-42.1 110 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
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.
LRB104 08987 LNS 19043 b LRB104 08987 LNS 19043 b
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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
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. 28110 ILCS 520/8 from Ch. 144, par. 658110 ILCS 660/5-45110 ILCS 665/10-45110 ILCS 670/15-45110 ILCS 675/20-45110 ILCS 680/25-45110 ILCS 685/30-45110 ILCS 690/35-45110 ILCS 805/3-42.1 from Ch. 122, par. 103-42.1 110 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
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
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
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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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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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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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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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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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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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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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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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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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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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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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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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1 Sec. 30-45. Powers and duties. The Board also shall have
2 power and it shall be its duty:
3 (1) To make rules, regulations and bylaws, not
4 inconsistent with law, for the government and management of
5 Northern Illinois University and its branches.
6 (2) To employ, and, for good cause, to remove a President
7 of Northern Illinois University, and all necessary deans,
8 professors, associate professors, assistant professors,
9 instructors, other educational and administrative assistants,
10 and all other necessary employees, and to prescribe their
11 duties and contract with them upon matters relating to tenure,
12 salaries and retirement benefits in accordance with the State
13 Universities Civil Service Act. Whenever the Board establishes
14 a search committee to fill the position of President of
15 Northern Illinois University, there shall be minority
16 representation, including women, on that search committee. The
17 Board shall, upon the written request of an employee of
18 Northern Illinois University, withhold from the compensation
19 of that employee any dues, payments or contributions payable
20 by such employee to any labor organization as defined in the
21 Illinois Educational Labor Relations Act. Under such
22 arrangement, an amount shall be withheld from each regular
23 payroll period which is equal to the pro rata share of the
24 annual dues plus any payments or contributions, and the Board
25 shall transmit such withholdings to the specified labor
26 organization within 10 working days from the time of the
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1 withholding.
2 (3) To prescribe the courses of study to be followed, and
3 textbooks and apparatus to be used at Northern Illinois
4 University.
5 (4) To issue upon the recommendation of the faculty,
6 diplomas to such persons as have satisfactorily completed the
7 required studies of Northern Illinois University, and confer
8 such professional and literary degrees as are usually
9 conferred by other institutions of like character for similar
10 or equivalent courses of study, or such as the Board may deem
11 appropriate.
12 (5) To examine into the conditions, management, and
13 administration of Northern Illinois University, to provide the
14 requisite buildings, apparatus, equipment and auxiliary
15 enterprises, and to fix and collect matriculation fees;
16 tuition fees; fees for student activities; fees for student
17 facilities such as student union buildings or field houses or
18 stadia or other recreational facilities; student welfare fees;
19 laboratory fees; and similar fees for supplies and materials.
20 The expense of the building, improving, repairing and
21 supplying fuel and furniture and the necessary appliances and
22 apparatus for conducting Northern Illinois University, the
23 reimbursed expenses of members of the Board, and the salaries
24 or compensation of the President, assistants, agents and other
25 employees of Northern Illinois University, shall be a charge
26 upon the State Treasury. All other expenses shall be
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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 7644'08" 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 3222'21" East, a distance of
2 374.66 feet to a point; thence South 7335'18" west, a
3 distance of 89.48 feet to a point; thence North 7409'49"
4 west, a distance of 97.37 feet to a point; thence South
5 7456'20" West, a distance of 103.60 feet to a point;
6 thence South 5744'26" West, a distance of 150.18 feet to
7 a point; thence North 3222'20" West, a distance of 346.61
8 feet; thence North 1315'53" 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.)
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